Travel Agency Act(Act No. 239 of 1952)
Last Version: Act No. 37 of 2019
TOC
History

  • December 19, 2023
    • Last Version: Act No. 37 of 2019
    • Translated Date: September 14, 2022
    • Dictionary Version: 15.0

Travel Agency Act
Act No. 239 of July 18, 1952
Table of Contents
Chapter I General Provisions (Articles 1 and 2)
Chapter II Travel Business
Section 1 Travel Business and Travel Agent Business (Articles 3 through 22)
Section 2 Travel Service Provision Business (Articles 23 through 40)
Chapter III Associations of Travel Agents (Articles 41 through 63)
Chapter IV Miscellaneous Provisions (Articles 64 through 73)
Chapter V Penal Provisions (Articles 74 through 83)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1This Act provides for a registration system for persons that engage in the travel business or other related business, and also aims to maintain fairness in transactions related to travel service, to ensure travel safety, and to promote convenience for travelers by ensuring the proper operation of the business and by promoting the proper activities of the organizations.
(Definitions)
Article 2(1)The term "travel business" as used in this Act means a business of conducting the following activities for remuneration (excluding a business of concluding contracts to act as an agent for a person that exclusively provides transportation services to travelers):
(i)the act of creating travel plans in advance for the purpose of soliciting travelers or at the request of a traveler, which specify the destination and itinerary of the trip, the details of the transportation or accommodation services (hereinafter referred to as "transportation and other services") the traveler is able to receive, and the matters regarding the fees the traveler is to pay, and concluding at one's own account a contract with a person that provides transportation and other services concerning the provision of transportation and other services that are expected to be necessary in order to reliably provide the traveler with those services specified in the plan;
(ii)in conjunction with the acts listed in the preceding item, the act of concluding at one's own account a contract with a person that provides services related to travel other than transportation and accommodation services (hereinafter referred to as "services related to transportation and other services") concerning the provision of services related to transportation and other services which are expected to be necessary in order to reliably provide those services to a traveler;
(iii)the act of concluding a contract as an agent, acting as an intermediary, or conducting brokerage for a traveler with respect to the provision of transportation and other services;
(iv)the act of concluding a contract as an agent or acting as an intermediary for a person that provides transportation and other services, with respect to the provision of those services to a traveler;
(v)the act of providing transportation and other services to a traveler by using transportation or accommodation facilities operated by another person;
(vi)the act of concluding a contract as an agent, acting as an intermediary, or conducting brokerage for a traveler in connection with the provision of services related to transportation and other services, in conjunction with any of the acts listed in the preceding three items;
(vii)the act of concluding a contract as an agent or acting as an intermediary for a person that provides services related to transportation and other services regarding the provision of those services to a traveler, in conjunction with the acts listed in items (iii) through (v);
(viii)the act of providing services incidental to the acts listed in items (i) and (iii) through (v), such as guiding travelers, acting as an agent for procedures with administrative agencies for the receipt of passports, and providing other services for the convenience of travelers; and
(ix)the act of providing consultation related to travel.
(2)The term "travel agent business" as used in this Act means a business of concluding contracts as an agent for a person engaging in the travel business with respect to the acts listed in items (i) through (viii) of the preceding paragraph for remuneration.
(3)The term "travel service" as used in this Act means the acts listed in the items of paragraph (1) (including acts of concluding a planned tour contract as an agent for another travel operator pursuant to the provisions of Article 14-2, paragraph (1) and the acts prescribed in paragraph (6) which are performed pursuant to the provisions of Article 34, paragraph (1)) handled by a person engaging in the travel business, or the acts of concluding a contract as an agent as specified in the preceding paragraph which are handled by a person engaging in the travel agent business.
(4)The term "planned tour contract" as used in this Act means a contract concluded by a person engaged in the travel business with a traveler concerning the handling of travel service listed in paragraph (1), items (i), (ii), and (viii) (limited to the portion related to item (i) of that paragraph).
(5)The term "arranged tour contract" as defined in this Act means a contract concluded by a person engaging in the travel business with a traveler concerning the handling of travel service stated in paragraph (1), items (iii), (iv), (vi) (limited to the part related to items (iii) and (iv) of that paragraph), items (vii) (limited to the parts related to items (iii) and (iv) of that paragraph) and (viii) (limited to the parts related to items (iii) and (iv) of that paragraph).
(6)The term "travel service provision business" as used in this Act means the business of receiving remuneration for concluding a contract as an agent, acting as an intermediary, or conducting brokerage concerning the provision of transportation and other services to a traveler or concerning the provision of services related to transportation and other services to a traveler (excluding the actions specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as not likely to hinder fair transactions, travel safety, or the convenience of travelers) with a person that provides those services for a person engaging in the travel business (including a person engaging in the travel business in a foreign state in conformity with foreign laws and regulations).
(7)The term "travel service provision operations" as defined in this Act means the acts prescribed in the preceding paragraph handled by a person engaging in the travel service provision business.
Chapter II Travel Business
Section 1 Travel Business and Travel Agent Business
(Registration)
Article 3A person that intends to engage in travel business or travel agent business must obtain a registration by the Commissioner of the Japan Tourism Agency.
(Application for Registration)
Article 4(1)An applicant for registration under the preceding Article must submit a written application to the Commissioner of the Japan Tourism Agency stating the following matters:
(i)the name or trade name and address, and in the case of a corporation, the name of its representative;
(ii)the name and address of the principal business office and other business offices;
(iii)in the case of a person that intends to engage in the travel business, whether or not the business is conducted by soliciting travelers to participate in a planned tour (meaning a tour conducted by conducting the acts listed in Article 2, paragraph (1), item (i); the same applies hereinafter), or other range of service specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism in consideration of actual state of transactions concerning travel service;
(iv)in the case of a person that intends to engage in travel business, and also intends to have a person who engages in travel agent business handle the travel service, the name or trade name and address of the person engaging in the travel agent business and the name and address of the business office handling the travel service.
(v)in the case of a person that intends to engage in the travel agent business, the name and address of the person engaging in the travel business for which the person in question acts as an agent.
(2)The application must be accompanied by a document describing the business plan and other matters specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism.
(Conducting Registration)
Article 5(1)If an application for registration has been filed pursuant to the provisions of the preceding Article, the Commissioner of the Japan Tourism Agency must register the following matters in the travel operator register or the travel agent register, except the case in which the Commissioner refuses the registration pursuant to the provisions of paragraph (1) of the following Article:
(i)matters listed in the items of paragraph (1) of the preceding Article; and
(ii)registration date and number.
(2)Upon registration under the preceding paragraph, the Commissioner of the Japan Tourism Agency must notify the applicant for the registration to that effect without delay.
(Refusal of Registration)
Article 6(1)The Commissioner of the Japan Tourism Agency must refuse registration if an applicant for registration falls under any of the following items:
(i)an applicant whose registration as a travel operator or travel agent has been revoked pursuant to Article 19, or whose registration as a travel service provider has been revoked pursuant to Article 37, if five years have not yet elapsed since the date of revocation (in the case in which the applicant whose registration has been revoked is a corporation, the applicant includes a person who was a director of the corporation within 60 days before the public notice was issued regarding the date and place of the hearing on the revocation, if five years have not yet elapsed since the date of the revocation);
(ii)an applicant who has been sentenced to imprisonment without work or a heavier punishment or to a fine for violation of the provisions of this Act, if five years have not elapsed from the date on which the person finished serving the sentence or ceased to be subject to its enforcement;
(iii)a member of an organized crime group (meaning a person prescribed in Article 2, item (vi) of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991) or a person who ceased to be a member of an organized crime group in in that item on a day that is not yet five years in the past; the same applies in item (viii));
(iv)a person who has committed a wrongful act in connection with travel service or travel service provision operations within five years before the application;
(v)a minor who does not have the capacity to act as an adult with regard to business and whose legal representative falls under any of the preceding items or item (vii);
(vi)an applicant specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as being incapable of properly performing the travel business or the travel agent business due to mental or physical disorders, or an applicant subject to an order commencing bankruptcy proceedings that has not been released from bankruptcy restrictions;
(vii)a corporation whose directors fall under any of items (i) through (iv) or the preceding item;
(viii)a person whose business activities are controlled by a member of an organized crime group;
(ix)an applicant who is not found to reliably appoint a certified travel supervisor under Article 11-2 for each business office;
(x)an applicant who intends to engage in travel business, and who does not have the financial basis recognized as being necessary to perform the business that meets the standard specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism individually for the range of services stated in Article 4, paragraph (1), item (3); or
(xi)an applicant who intends to engage in travel agent business, if the applicant intends to act as an agent for two or more persons that engage in the travel business.
(2)If the Commissioner of the Japan Tourism Agency has refused registration pursuant to the provision of the preceding paragraph, the Commissioner must notify the applicant to that effect, together with the reasons, without delay.
(Validity of registration)
Article 6-2The validity period of registration to engage in travel business is five years from the date of registration.
(Validity Renewal Registration)
Article 6-3(1)A person that intends to continue to engage in travel business after the expiration of the validity period of the registration as a travel operator must be registered for renewal by the Commissioner of the Japan Tourism Agency pursuant to the provisions of Order of the Ministry of Land, Infrastructure, Transport and Tourism.
(2)The provisions of Article 5 through the preceding Article apply mutatis mutandis to the registration of renewal of the validity period. In this case, the term "registration number" in Article 5, paragraph (1) is deemed to be replaced with "registration number and the date of registration of renewal of the validity period".
(3)If an application for registration of renewal is filed by the date of expiration of the validity period of registration under the preceding Article, the registration related to the application remains in effect even after the expiration of the validity period of registration under the preceding Article, until the notice under Article 5, paragraph (2) or Article 6, paragraph (2) as applied mutatis mutandis in the preceding paragraph is given with respect to the application.
(4)In the preceding paragraph, when a registration for renewal of the validity period has been made, the validity period of the registration is to be calculated from the day following the expiration date of the previous registration.
(Registration of Change)
Article 6-4(1)When a person that has received registration to engage in the travel business (hereinafter referred to as a "travel operator") intends to change the range of services stated in Article 4, paragraph (1), item (iii), it must obtain a registration of change from the Commissioner of the Japan Tourism Agency pursuant to the provisions of Order of the Ministry of Land, Infrastructure, Transport and Tourism.
(2)The provisions of Articles 5 and 6 apply mutatis mutandis to the registration of a change stated in the preceding paragraph. In this case, the term "the following matters" in Article 5, paragraph (1) is deemed to be replaced with "matters related to the change", the term "the travel operator register or the travel agent register" in Article 5, paragraph (1) is deemed to be replaced with "the travel operator register", and the term "any of the following items" in Article 6, paragraph (1) is deemed to be replaced with "item (ix) or (x)".
(3)When there has been a change in the matters listed in Article 4, paragraph (1), item (i), (ii), or (iv) (or item (i) or (ii) of that paragraph in the case of a travel agent (meaning a person that has received registration to engage in the travel agent business; the same applies hereinafter)), a travel operator or travel agent must submit a notification to that effect to the Commissioner of the Japan Tourism Agency, together with documents specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism, within 30 days from the date of that change.
(4)When the Commissioner of the Japan Tourism Agency has received a notification under the preceding paragraph, the Commissioner must register the matters subject to the notification in the travel operator register or the travel agent register, except the case in which the Commissioner revokes the registration pursuant to the provisions of Article 19, paragraph (1).
(Deposit of Surety Bond)
Article 7(1)Travel operators must deposit a surety bond.
(2)When a travel operator has deposited a surety bond, it must submit a notification to that effect to the Commissioner of the Japan Tourism Agency, together with a copy of the deposit form stating the acceptance of the deposit.
(3)A travel operator must not commence its business until it has submitted the notification stated in the preceding paragraph.
(4)If the Commissioner of the Japan Tourism Agency has registered a travel business, and the travel operator fails to give a notification stated in paragraph (2) within 14 days from the date on which the travel agent receives a notification of registration, the Commissioner must demand that the travel operator give the notification stated in paragraph (2) within a period of not less than seven days as specified by the Commissioner.
(5)If the Commissioner of the Japan Tourism Agency has issued the demand stated in the preceding paragraph, but the travel operator fails to give the notification stated in paragraph (2) within the period stated in that paragraph, the Commissioner may revoke the registration of the travel business.
(Amounts of Surety Bond)
Article 8(1)The amount of the surety bond to be deposited by a travel operator is to be determined by Order of the Ministry of Land, Infrastructure, Transport and Tourism in consideration of the actual state of transactions with travelers concerning travel service and the necessity of protection of travelers in transactions concerning travel service, for each range of services stated in Article 4, paragraph (1), item (iii) in accordance with the amount of the travel operator's transactions with travelers concerning travel service during the previous fiscal year (or in accordance with the amount specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism, in the case in which the travel operator deposits a surety bond in the fiscal year in which the travel operator receives registration under Article 3 or in other cases specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism).
(2)In the case of the amendment of Order of the Ministry of Land, Infrastructure, Transport and Tourism stated in the preceding paragraph, if the amount of the surety bond deposited at the time that the amendment comes into effect falls short of the amount of the surety bond to be deposited due to the amendment of the Order of the Ministry of Land, Infrastructure, Transport and Tourism, the travel operator must additionally deposit the amount of the shortfall.
(3)The provisions of paragraphs (2), (4) and (5) of the preceding Article apply mutatis mutandis to the deposit of a surety bond pursuant to the preceding paragraph. In this case, the phrase "If the Commissioner of the Japan Tourism Agency has registered a travel business, and the travel operator fails to give a notification stated in paragraph (2) within 14 days from the date on which the travel agent receives a notification of registration" in the preceding Article, paragraph (4) is deemed to be replaced with "If the travel operator fails to give a notification stated in paragraph (2) within 3 months from the date of enforcement of the amendment of Order of the Ministry of Land, Infrastructure, Transport and Tourism as referred to in paragraph (1) of the following Article (if the date of expiration of 3 months from the date of enforcement of the amendment is before the expiration of the period ranging from the day following the last day of the fiscal year preceding to the fiscal year to which the date of enforcement of the amendment belongs to the hundredth day after the end of the previous fiscal year, up until the hundredth day after the previous fiscal year)".
(4)In the case of the amendment of Order of the Ministry of Land, Infrastructure, Transport and Tourism stated in paragraph (1), if the amount of the surety bond deposited at the time that the amendment comes into effect exceeds the amount of the surety bond to be deposited due to the amendment of the Order of the Ministry of Land, Infrastructure, Transport and Tourism, the travel operator may recover the excess amount of the surety bond.
(5)Matters necessary for the recovery of surety bonds under the preceding paragraph are prescribed by Ministry of Justice Order and Order of the Ministry of Land, Infrastructure, Transport and Tourism.
(6)Pursuant to the provisions of Order of the Ministry of Land, Infrastructure, Transport and Tourism, the surety bond may be provided for by national government bond securities, municipal bond securities, and other securities specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism (including book-entry transfer bonds prescribed in Article 278, paragraph (1) of the Act on Book-Entry Transfer of Company Bonds and Shares (Act No. 75 of 2001)).
(7)The surety bond must be deposited at the depository nearest the principal business office of the travel operator.
(Deposit of Additional Surety Bond)
Article 9(1)If the amount of the surety bond deposited by the travel operator falls short of the amount prescribed in paragraph (1) of the preceding Article after the end of each fiscal year,, the travel operator must additionally deposit the amount of the shortfall.
(2)The provisions of Article 7, paragraphs (2), (4) and (5) apply mutatis mutandis to the deposit of a surety bond pursuant to the preceding paragraph. In this case, the phrase "If the Commissioner of the Japan Tourism Agency has registered a travel business, and the travel operator fails to give a notification stated in paragraph (2) within 14 days from the date on which the travel agent receives a notification of registration" in Article 7, paragraph (4) is deemed to be replaced with "If the travel operator fails to give a notification stated in paragraph (2) within 100 days from the day following the end of each fiscal year".
(3)If the amount of the surety bond deposited by the travel operator exceeds the amount prescribed in paragraph (1) of the preceding Article after the end of each fiscal year, the travel operator may recover the surety bond in the excess amount.
(4)The provisions of paragraph (5) of the preceding Article apply mutatis mutandis to the case in which the surety bond is recovered pursuant to the preceding paragraph.
(5)If a travel operator has obtained a registration of change under Article 6-4, paragraph (1), and the amount of the surety bond deposited by the travel operator falls short of the amount prescribed in paragraph (1) of the preceding Article, the travel operator must additionally deposit the amount of the shortfall.
(6)The provisions of Article 7, paragraphs (2) and (3) apply mutatis mutandis to the deposit of a surety bond under the preceding paragraph.
(7)In the case prescribed in paragraph (5), if the amount of the surety bond deposited by the travel operator exceeds the amount prescribed in paragraph (1) of the preceding Article, the travel operator may recover the surety bond in the excess amount.
(8)The recovery of the surety bond by the travel operator under the preceding paragraph may not be conducted unless a public notice has been given stating that the person who has the right under Article 17, paragraph (1) regarding the surety bond should make a request within a certain period of not less than six months, but the request in question has not been made within the period; provided, however that this does not apply when ten years have passed since the occurrence of the case for which the travel operator may recover the surety bond.
(9)The public notice under the preceding paragraph and other necessary matters concerning the recovery of a surety bond are prescribed by Ministry of Justice Order and Order of the Ministry of Land, Infrastructure, Transport and Tourism.
(Reporting Transaction Amounts)
Article 10Pursuant to Order of the Ministry of Land, Infrastructure, Transport and Tourism, within one hundred days after the end of each fiscal year, a travel operator must report the amount of transactions with travelers related to travel service during that fiscal year to the Commissioner of the Japan Tourism Agency.
(Commencement of Business of Travel Agents)
Article 11A travel agent must not commence its business until the travel operator it is acting as an agent for (hereinafter referred to as "affiliated travel operator") has given a notification under Article 7, paragraph (2) (including as applied mutatis mutandis pursuant to the provisions of Article 9, paragraph (6)).
(Appointment of Certified Travel Supervisors)
Article 11-2(1)A travel operator or a travel agent (hereinafter referred to as a "travel operator or agent") must appoint one or more certified travel supervisors who conform to the provisions of paragraph (6) for each business office and have them manage and supervise affairs concerning the travel service at the business office in question to ensure the clarity of transaction conditions related to the transactions, the reliable provision of services related to travel (meaning transportation and other services and services related to transportation and other services; the same applies hereinafter), and other matters prescribed by Order of the Ministry of Land, Infrastructure, Transport and Tourism as being necessary to ensure fairness in transactions, safety of travel and convenience of travelers.
(2)If all of the persons appointed as a certified travel supervisor for the business office have fallen under any of Article 6, paragraph (1), items (i) through (vi) or all of the persons appointed have left their positions, the travel operator or agent must not conclude a contract concerning travel service at the business office until the travel operator or agent appoints a new certified travel supervisor.
(3)The provisions of paragraph (1) also apply to a business office where there is only one person handling travel service.
(4)A certified travel supervisor may not become a certified travel supervisor of multiple business offices.
(5)Notwithstanding the provisions of the preceding paragraph, if there are multiple business offices for which a certified travel supervisor must be appointed pursuant to the provisions of paragraph (1), and those multiple business offices are in a relationship specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as being in close proximity, one certified travel supervisor will be sufficient for all of the multiple business offices; provided, however, that this does not apply to the case specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as the case in which the administrative workload of the certified travel supervisor would become excessive or there is a risk of not ensuring proper operation of travel service at the multiple business offices.
(6)A certified travel supervisor must be a person who does not fall under any of Article 6, paragraph (1), items (i) through (vi), and must satisfy any of the following requirements:
(i)in the case of a business office that handles travel service only for trips within Japan that are within the area of the municipality in which the business office is located or within other areas specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism, persons who have passed the comprehensive certified travel supervisor examination, domestic certified travel supervisor examination or regionally-limited certified travel supervisor examination (limited to the examination related to the area where the business office is located) under the following Article;
(ii)in the case of a business office (excluding the business office stated in the preceding item) that handles travel service only for trips within Japan, persons who have passed the comprehensive certified travel supervisor examination or domestic certified travel supervisor examination under the following Article; and
(iii)in the case of business offices other than those stated in the preceding two items, persons who have passed the comprehensive certified travel supervisor examination under the following Article.
(7)A travel operator or agent must have their certified travel supervisors receive training conducted by the association of travel agents prescribed in Article 41, paragraph (2) every three to five years as specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism, in order to improve their necessary knowledge and ability concerning laws and regulations related to travel service, itinerary management, and other duties of a certified travel supervisor.
(8)If the Commissioner of the Japan Tourism Agency finds that a travel operator or agent does not comply with the provisions of the preceding paragraph, the Commissioner may recommend that the travel operator or agent take necessary measures by a specified time limit.
(9)When a person who has received a recommendation under the preceding paragraph fails to follow the recommendation, the Commissioner of the Japan Tourism Agency may order the person to take measures related to the recommendation by a specified time limit.
(10)Beyond what is provided for in paragraph (7), a travel operator or agent must endeavor to take measures to improve the knowledge and ability of a certified travel supervisor that are necessary for their duties, by measures such as having the certified travel supervisor take a training course on the resolution of complaints and other business activities.
(Examination for Certified Travel Supervisor)
Article 11-3(1)The certified travel supervisor examination is administered by the Commissioner of the Japan Tourism Agency with respect to the knowledge and abilities required for the duties of a certified travel supervisor.
(2)There are to be three types of certified travel supervisor examinations: the comprehensive certified travel supervisor examination, the domestic certified travel supervisor examination, and the regionally-limited certified travel supervisor examination.
(3)The Commissioner of the Japan Tourism Agency may exempt persons who have completed a training course conducted by an association of travel agents prescribed in Article 41, paragraph (2) with regard to the knowledge and abilities stated in paragraph (1) or may exempt persons who have qualifications specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism from a part of the certified travel supervisor examinations.
(4)When there has been an act of misconduct in connection with the certified travel supervisor examination, the Commissioner of the Japan Tourism Agency may suspend persons concerned with the misconduct from taking the examination or may invalidate their passing of the examination. In this case, the Commissioner may prohibit them from taking the examination for a specified period of time.
(5)Beyond what is provided for in the preceding paragraphs, the subjects of the certified travel supervisor examination, the examination procedures and other necessary matters concerning the implementation of the examination are specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism.
(Posting of fees)
Article 12(1)Before the commencement of its business, a travel operator must determine the fees to be collected from travelers for handling travel service (excluding those related to planned tours) and post the fees in a conspicuous manner for travelers at its business office. The same applies to any change of the fees.
(2)The fee stated in the preceding paragraph must be determined in accordance with the standards prescribed by Order of the Ministry of Land, Infrastructure, Transport and Tourism.
(3)At its business office, a travel agent must post the rates determined pursuant to the provisions of paragraph (1) by its affiliated travel operator in a manner that is easily visible to travelers.
(Terms and Conditions for Travel Business)
Article 12-2(1)A travel operator must establish terms and conditions for travel business with regard to the contract for the handling of travel service concluded with a traveler, and must obtain approval from the Commissioner of the Japan Tourism Agency. The same applies when the travel operator intends to make any changes except for minor changes provided for by Order of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Order.
(2)When the Commissioner of the Japan Tourism Agency intends to grant the approval stated in the preceding paragraph, they must do so in accordance with the following standards:
(i)the traveler's legitimate interests are not likely to be harmed; and
(ii)at a minimum, matters concerning the receipt and refund of fees for handling travel service and other money related to transactions with travelers and matters concerning the responsibility of the travel operator are clearly prescribed (in the case of a travel operator that implements planned tours, these matters are to be clearly prescribed according to whether the contract is a planned tour contract, an arranged tour contract or any other contract other than a planned tour contract).
(3)A travel operator or agent must post the terms and conditions for travel business (in the case of a travel agent, the affiliated travel operator's terms and conditions for travel business; in the case of a person that may conclude a contract for a planned tour as an agent for another travel operator pursuant to Article 14-2, paragraph (1) or (2), the other travel operator's terms and conditions for the travel business) at its business office so that travelers can easily see them, or keep them in a place where travelers can read them.
(Standard Terms and Conditions for Travel Business)
Article 12-3When the Commissioner of the Japan Tourism Agency and the Commissioner of the Consumer Affairs Agency have established standard terms and conditions for travel business and made a public notice of them (including cases in which the Commissioner has changed them and made a public notice of the change), and if the travel operator has established terms and conditions for travel business that are identical to the standard travel terms and conditions for travel business, or has changed the existing terms and conditions for travel business to be identical to the standard terms and conditions for travel business, those travel terms and conditions are deemed to have been approved pursuant to paragraph (1) of the preceding article.
(Description of Transaction Conditions)
Article 12-4(1)When a travel operator or agent intends to conclude a contract with a traveler for a planned tour contract, arranged tour contract, or other contract concerning travel service, the travel operator or agent must explain the conditions of the transaction to the traveler pursuant to the provisions of Order of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Order, after confirming the contents of the travel service which the traveler intends to request.
(2)Unless otherwise provided for by Order of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Order, when the travel operator or agent intends to explain a tour to a traveler according to preceding paragraph, it must issue the traveler a document stating the content of the services related to travel that the traveler is able to receive, the matters regarding fees the traveler is to pay to the operator or agent, the name of the certified travel supervisor, whether or not the traveler will be accompanied by a national licensed guide interpreter prescribed in Article 2, paragraph (1) of the Licensed Guide Interpreter Act (Act No.210 of 1949) (hereinafter simply referred to as "national licensed guide interpreter") or a regional licensed guide interpreter prescribed in paragraph (2) of that Article (hereinafter simply referred to as "regional licensed guide interpreter"), and other matters determined by Order of the Ministry of Land, Infrastructure, Transport and Tourism or Cabinet Office Order.
(3)Pursuant to the provisions of Cabinet Order, instead of issuing the document pursuant to the provisions of the preceding paragraph, with the consent of a traveler, the travel operator or agent may provide the matters to be described in the document to the traveler by a method using an electronic data processing system or other information communication technology specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Order. In this case, the travel operator or agent is deemed to have issued the document.
(Issuance of Documents)
Article 12-5(1)Unless otherwise provided for by Order of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Order, when a travel operator or agent has concluded a contract with a traveler for a planned tour contract, arranged tour contract or other contract concerning travel service, without delay, the travel operator or agent must issue the traveler a document stating the content of the services related to travel that the traveler can receive, the matters regarding fees the traveler is pay to the travel operator or agent, the name of the certified travel supervisor, whether or not the traveler will be accompanied by a national licensed guide interpreter or a regional licensed guide interpreter, and other matters specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Order, or a document indicating the right to receive the services related to travel.
(2)Pursuant to the provisions of Cabinet Order, instead of taking the measures to issue documents pursuant to the provisions of the preceding paragraph, with the consent of a traveler, the travel operator or agent may take measures specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Order to notify the traveler of the matters specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Order, or to enable them to acquire the right to receive services related to the travel, through utilization of electronic data processing systems or other information and communications technology measures specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Order. In this case, the travel operator or agent is deemed to have issued the documents.
(3)Unless otherwise specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism, when a travel operator or agent has concluded a contract concerning the travel service with a person with whom it conducts transactions in connection with the travel service (excluding travelers; the same applies hereinafter in this Article), without delay, the travel operator or agent must issue the person a document stating the contents of the services related to travel to be provided to the traveler and other matters specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism.
(4)Pursuant to the provisions of a Cabinet Order, instead of taking measures to issue documents pursuant to the provisions of the preceding paragraph, with the consent of the persons with whom a travel operator or agent conducts transactions for travel service, the travel operator or agent may take measures specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Order to notify those persons of the matters specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as stated in that paragraph, through utilization of electronic data processing systems or other information and telecommunications technology measures specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism. In this case, the travel operator or agent is deemed to have issued the documents.
(Presentation of Certified Travel Supervisor Certificates)
Article 12-5-2When requested by a traveler, the certified travel supervisor must present a certificate in the form prescribed by Order of the Ministry of Land, Infrastructure and Transport and Tourism.
(Sales Representative's Requirement to Carry Certificate)
Article 12-6(1)Regardless of whether they are solicitors, salespersons, sales representatives, or any other persons with any other titles, a travel operator or agent must not allow any of its directors or employees who conduct transactions in connection with travel service for the travel operator or agent at a place other than its business office (hereinafter referred to as a "sales representative") to engage in duties as a sales representative unless it has the sales representative carry a certificate in the form prescribed by Order of the Ministry of Land, Infrastructure, Transport and Tourism.
(2)When performing their duties, a sales representative must present the certificate referred to in the preceding paragraph.
(3)A sales representative is deemed to have the authority to act as an agent for the travel operator or agent to which the representative belongs to perform all extrajudicial acts in relation to transactions with a traveler in connection with the travel service; provided, however, that this does not apply if the traveler is acting in bad faith.
(Advertisement of Planned Tours)
Article 12-7When advertising to solicit travelers to participate in the planned tour, pursuant to the provisions of Order of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Order, the travel operator or agent must indicate the name or trade name of the travel operator that will perform the planned tour, the destination and itinerary of the tour, the contents of the transportation and other services which the traveler is able to receive, the matters regarding fees the traveler is to pay to the travel operator or agent, whether or not the traveler will be accompanied by a person who performs necessary services for taking measures specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as referred in Article 12-10, and other matters specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Order.
(Prohibition of Misleading Advertisement)
Article 12-8When advertising travel service, with regard to the contents of the advertised services related to travel and other matters specified in Order of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Order, a travel operator or agent must not make representations that are materially different from the facts or that mislead people into believing that the services are materially better or more advantageous than they actually are.
(Displaying a Sign)
Article 12-9(1)A travel operator or agent must display signs at its business office in a form specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism according to whether it is involved in the travel business or the travel agent business and according to the business offices prescribed in the items of Article 11-2, paragraph (6) to which its business office corresponds, so that they are easily visible to the public.
(2)It is prohibited for any person other than a travel operator or agent to display the signs referred to in the preceding paragraph or similar signs.
(Measures for Smooth Implementation of Planned Tours)
Article 12-10When implementing a planned tour, the travel operator must take measures prescribed by Order of the Ministry of Land, Infrastructure, Transport and Tourism to ensure the smooth implementation of the planned tour, such as the reliable provision of transport and other services to the travelers, or arrangements for alternative services in the event of grounds requiring changes to plans relating to the tour.
(Persons Performing Itinerary Management Services)
Article 12-11(1)The chief person among the persons appointed by a travel operator as persons who accompany a traveler participating in a planned tour and perform the services necessary for taking the measures specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as referred to in the preceding Article (hereinafter referred to as "itinerary management services") must be a person who does not fall under any of Article 6, paragraph (1), items (i) through (vi) and who has completed a training course on itinerary management services (hereinafter referred to as "itinerary management training") conducted by a person registered by the Commissioner of the Japan Tourism Agency (hereinafter in this Section referred to as a "registered training institute") pursuant to the provisions of the following Article through Article 12-14 and who also has practical experience in itinerary management services as specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism in consideration of the destination of the travel.
(2)The necessary matters relating to registration under the preceding paragraph are prescribed by Order of the Ministry of Land, Infrastructure and Transport and Tourism.
(Registration of Registered Training Institutes)
Article 12-12The registration referred to in paragraph (1) of the preceding Article is to be made in response to the application by a person who intends to carry out services relating to the implementation of itinerary management training (hereinafter referred to as "itinerary management training services").
(Ineligibility)
Article 12-13A person who falls under any of the following categories may not be registered under Article 12-11, paragraph (1):
(i)a person who has violated this Act or an order issued under this Act and has been sentenced to a fine or a heavier punishment if two years have not elapsed since the date on which the person finished serving the sentence or ceased to be subject to its enforcement;
(ii)a person whose registration referred to in Article 12-11, paragraph (1) has been revoked pursuant to Article 12-23 if two years have not elapsed since the date of that revocation; or
(iii)a corporation whose directors providing itinerary management training services fall under either of the two preceding items.
(Registration Criteria)
Article 12-14(1)The Commissioner of the Japan Tourism Agency must register the application if the itinerary management training is conducted by a person that has applied for registration pursuant to Article 12-12 in a manner in which instructors listed in the left column of Appended Table 1 teach the subjects listed in the right column of that table. In this case, the necessary procedures for registration are prescribed by Order of the Ministry of Land, Infrastructure, Transport and Tourism.
(2)Registration is to be made in the register of registered training institutes with the following entries:
(i)the date of registration and registration number;
(ii)the name and address of the registered training institute and, in the case of a corporation, the name of its representative;
(iii)the location of the office where the registered training institute provides itinerary management training services; and
(iv)matters prescribed by Order of the Ministry of Land, Infrastructure, Transport and Tourism in addition to those listed in the preceding three items.
(Renewal of Registration)
Article 12-15(1)The registration referred to in Article 12-11, paragraph (1) ceases to be effective upon the expiry of a period specified by a Cabinet Order that is not less than three years unless it is renewed at such intervals of that period.
(2)The provisions of the preceding three Articles apply mutatis mutandis to the renewal of registration referred to in the preceding paragraph.
(Obligations for the Implementation of Itinerary Management Training Services)
Article 12-16A registered training institute must provide itinerary management training services in a fair manner and in a manner that conforms to the provisions of Article 12-14, paragraph (1) and the standards specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism.
(Notification of Changes to Registered Matters)
Article 12-17If a registered training institute intends to change any of the matters listed in Article 12-14, paragraph (2), items (ii) through (iv), it must notify the Commissioner of Tourism Agency to that effect at least two weeks before the date of the intended change.
(Itinerary Management Training Services Rules)
Article 12-18(1)A registered training institute must establish rules and regulations for itinerary management training services (hereinafter referred to as "itinerary management training services rules") and must notify the Commissioner of the Japan Tourism Agency of the rules before the commencement of the itinerary management training services. The same applies if the institute intends to changes the rules.
(2)The itinerary management training services rules must specify the method of conducting itinerary management training, fees relating to itinerary management training and other matters specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism.
(Suspension and Discontinuance of Services)
Article 12-19If a registered training institute intends to suspend or discontinue all or part of its itinerary management training services, it must notify the Commissioner of the Japan Tourism Agency to that effect in advance pursuant to the provisions of Order of the Ministry of Land, Infrastructure, Transport and Tourism.
(Keeping Financial Statements and Other Prescribed Documents and Their Inspection)
Article 12-20(1)Within three months after the end of each fiscal year, a registered training institute must prepare an inventory of property, a balance sheet, a profit and loss statement or income and expenditure statement, and an operating or business report for that fiscal year (these documents include an electronic or magnetic record, if the institute had made the record instead of preparing the documents (the electronic or magnetic record means a record made by an electronic method, a magnetic method or any other method not recognizable to human perception, which is used for information processing by computers; the same applies hereinafter in this Article); the documents in question are referred to as "financial statements and other prescribed documents" in the following paragraph and Article 83, item (i)) and keep them in the office of the registered training institution for five years.
(2)A person who intends to receive itinerary management training or any other interested person may make any of the following requests at any time during the working hours of the registered training institution; provided, however, that to make a request under item (ii) or (iv), the person must pay the fees fixed by the registered training institution:
(i)if financial statements and other prescribed documents are prepared in writing, a request for inspecting or copying those documents;
(ii)a request for a transcript or extract of the documents referred to in the preceding item;
(iii)if financial statements and other prescribed documents are prepared as electronic or magnetic records, a request for inspecting or copying the content indicating the matters recorded in the electronic or magnetic records in accordance with the methods specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism; or
(iv)a request for providing the matters recorded in the electronic or magnetic records as referred to in the preceding item by electronic or magnetic methods specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism, or a request for issuing documents containing the matters.
(Conformity Orders)
Article 12-21If the Commissioner of the Japan Tourism Agency finds that a registered training institute has ceased to conform to the provisions of Article 12-14, paragraph (1), the Commissioner may order the registered training institute to take necessary measures to conform to the provisions of that paragraph.
(Improvement Orders)
Article 12-22If the Commissioner of the Japan Tourism Agency finds that a registered training institute is in violation of Article 12-16, the Commissioner may order the registered training institute to provide itinerary management training services under that Article or to take necessary measures to improve the methods of itinerary management training and other operational methods.
(Revocation of Registration)
Article 12-23If a registered training institute falls under any of the following items, the Commissioner of the Japan Tourism Agency may revoke its registration or order the suspension of all or part of its itinerary management training services for a specified period:
(i)if it has come to fall under Article 12-13, item (i) or (iii);
(ii)if it has violated the provisions of Articles 12-17 through 12-19, Article 12-20, paragraph (1), or the following Article;
(iii)if it has refused a request under the items of Article 12-20, paragraph (2) without justifiable reason.;
(iv)if it has violated an order under the preceding two Articles; or
(v)if it has received the registration under Article 12-11, paragraph (1) by wrongful means.
(Book Entries)
Article 12-24A registered training institute must keep books, enter matters specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism with regard to itinerary management training services, and preserve these books as required by Order of the Ministry of Land, Infrastructure, Transport and Tourism.
(Collection of Reports)
Article 12-25When the Commissioner of the Japan Tourism Agency finds it necessary to ensure the proper implementation of itinerary management training services, the Commissioner may request a registered training institute to make the necessary reports on the status of itinerary management training services.
(On-Site Inspection)
Article 12-26(1)If the Commissioner of the Japan Tourism Agency finds it necessary to ensure proper implementation of itinerary management training services, the Commissioner may have their officials enter the office of a registered training institute and inspect the state of the itinerary management training services or the facilities, books, documents and other items.
(2)The official who conducts on-site inspection pursuant to the preceding paragraph must carry identification and present it when requested by the person concerned.
(3)The authority to conduct on-site inspection under paragraph (1) must not be interpreted as being granted for the purpose of criminal investigation.
(Implementation of Itinerary Management Training Services by the Commissioner of Tourism)
Article 12-27(1)If there is no person registered under Article 12-11, paragraph (1), if a notification of suspension or discontinuance of all or a part of itinerary management training services has been made pursuant to Article 12-19, if the Commissioner of the Japan Tourism Agency has revoked the registration referred to in Article 12-11, paragraph (1) pursuant to Article 12-23, or has ordered a registered training institute to suspend all or part of the itinerary management training services, if it has become difficult for the registered training institute to provide all or part of the itinerary management training services due to a natural disaster or other grounds, or if the Commissioner finds it necessary to do so, the Commissioner may provide all or part of the itinerary management training services directly
(2)If the Commissioner of the Japan Tourism Agency performs all or part of the itinerary management training services directly pursuant to the provisions of the preceding paragraph, the handing over of itinerary management training services and other necessary matters in the case are prescribed by Order of the Ministry of Land, Infrastructure, Transport and Tourism.
(Public Notice)
Article 12-28In the following cases, the Commissioner of Tourism Agency must make a public notice to that effect in the Official Gazette:
(i)if the Commissioner has made the registration referred to in Article 12-11, paragraph (1);
(ii)if a notification has been made pursuant to Article 12-17;
(iii)if a notification has been made pursuant to Article 12-19;
(iv)if the Commissioner has revoked the registration referred to in Article 12-11, paragraph (1) or has issued an order to suspend all or part of the itinerary management training services pursuant to Article 12-23; or
(v)if the Commissioner decides to perform all or part of the itinerary management training services directly pursuant to the preceding Article, or if the Commissioner decides not to perform all or part of the itinerary management training services that the Commissioner had been performing directly.
(Prohibited Acts)
Article 13(1)A travel operator or agent must not do any of the following acts:
(i)collect fees in excess of the fees posted pursuant to the provisions of Article 12, paragraph (1) or (3); and
(ii)intentionally fail to state a fact or tell a falsehood with regard to an important matter concerning transactions with a person with whom it conducts transactions with respect to travel service.
(2)A travel operator or agent must not unreasonably delay the performance of obligations arising from transactions for a person with whom the travel operator or agent has conducted the transactions with respect to travel service.
(3)A travel operator or agent, or any of their agents, employees or other workers must not commit any of the following acts in connection with the travel service handled by the travel operator or agent:
(i)make arrangements for a traveler to commit an act in violation of the laws and regulations that are established at the place of travel, or to provide an environment that makes it convenient to commit that act;
(ii)make arrangements for a traveler to receive services in violation of the laws and regulations that are established the place of travel, or to provide an environment that makes it convenient to receive those services;
(iii)advertise that they make arrangements or provide an environment as referred to in the preceding two items are or make similar advertisements: and
(iv)beyond what is listed in the preceding three items, acts specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as insufficiently protecting travelers or discrediting the travel business.
(Prohibition on Use of Name)
Article 14(1)A travel operator or agent must not allow another person to use its name for the travel business or travel agent business.
(2)A travel operator or agent must not allow another person to operate a travel business or travel agent business in its name, whether by way of business lease or by any other means.
(An Agent of a Travel Operator Undertaking Planned Tours)
Article 14-2(1)Notwithstanding the provisions of Article 3, if a travel operator concludes a contract on a planned tour that another travel operator conducts (limited to a planned tour that they conduct by soliciting travelers to participate in the tour), under which the travel operator acts as an agent for the other travel operator in connection with concluding a planned tour contract (hereinafter referred to as an "agent contract"), the travel operator may conclude a planned tour contract as an agent for the counterparty of the agent contract (that counterparty is hereinafter referred to as a "commissioning travel operator"), without obtaining the registration of travel agent business.
(2)If a travel operator who has concluded an agent contract with a commissioning travel operator pursuant to the provisions of the preceding paragraph (hereinafter referred to as "commissioned travel operator") specifies the travel agent that is able to conclude a planned tour contract as an agent for the commissioning travel operator from among the travel agents whose affiliated travel operator is the commissioned travel operator, the travel agents specified in the agent contract (hereinafter referred to as a "commissioned travel agent") may conclude a planned tour contract as an agent for the commissioning travel operator.
(3)The commissioning travel operator and the commissioned travel operator must specify in the agent contract the business office of the commissioned travel operator or commissioned travel agent that may conclude a planned tour contract as an agent for the commissioning travel operator.
(Travel Services of Travel Agents)
Article 14-3(1)A travel agent must not handle travel service for a travel operator other than the affiliated travel operator, except when concluding a planned tour contract as an agent for the travel operator pursuant to paragraph (2) of the preceding Article.
(2)When intending to conduct transactions in relation to travel service, a travel agent must clearly indicate to the counterparty of the transaction the name or trade name of the affiliated travel operator and the fact that it is a travel agent.
(3)A travel agent must not make any representation or advertisement or perform other acts that mislead others into believing that its business activities are those of a travel business or misleads others into believing that its affiliated travel operator is a different operator.
(4)The Commissioner of the Japan Tourism Agency may order a travel agent to take measures to ensure that it does not mislead others into believing that its business activities are those of a travel business or that it does not mislead others into believing that its affiliated travel operator is a different operator.
(5)An affiliated travel operator is liable to compensate for any damage inflicted on a traveler by a travel agent in connection with its travel service; provided, however, that this does not apply if the relevant affiliated travel operator has exercised due care in commissioning the travel agent to conduct the travel service and has made efforts to prevent the occurrence of the damage inflicted on the traveler in connection with the travel service performed by the travel agent.
(Discontinuance of Business)
Article 15(1)If a travel operator or agent discontinues its business, transfers all of its business, or has another person succeed to all of its business upon a split, it must notify the Commissioner of the Japan Tourism Agency to that effect within 30 days from the date of the discontinuance, transfer, or succession.
(2)If a corporation that is a travel operator or agent ceases to exist as a result of a merger, the person who was the director executing the business of the corporation must notify the Commissioner of the Japan Tourism Agency to that effect within 30 days from the date on which the corporation ceased to exist.
(3)In the event of the death of a travel operator or agent, the heir must notify the Commissioner of the Japan Tourism Agency to that effect within 30 days from the date on which the heir became aware of the death of the decedent.
(4)If a travel operator or agent has died, and the heir has applied for registration within sixty days of the death of the decedent, the heir may continue to engage in travel business or travel agent business from the date of the decedent's death until the date of notification that the registration has been made or that the registration has been refused. With regard to the business during this period, the registration of the travel business or travel agent business obtained by the heir is deemed to have been obtained by the heir on the date of death of the decedent, and the surety bond deposited by the decedent is deemed to have been deposited by the heir.
(Expiration of Registration as a Travel Agent)
Article 15-2The registration of travel agent business ceases to be effective if any of the following events has occurred:
(i)if a contract under which the travel agent handles travel service for the affiliated travel operator has ceased to be effective; or
(ii)if the affiliated travel operator has had its registration of travel business deleted pursuant to the provisions of Article 20, paragraph (1) or (2).
(Succession of Rights Concerning Surety Bond)
Article 16(1)If the registration of a travel operator has been deleted under Article 20 because the travel operator has died, a corporation acting as a travel operator has ceased to exist due to a merger, another corporation has succeeded to all of its business due to a split, or a travel operator has transferred all of its business, and if within six months from the date of those events, the heir, the corporation surviving after the merger or established as a result of merger, the corporation succeeding to all of its business due to a split, or the transferee of its business receives registration to engage in travel business and notifies the Commissioner of the Japan Tourism Agency of the succession of the right concerning the surety bond deposited by the former travel operator, the surety bond is deemed to be deposited by the new travel operator in accordance with the provisions of Article 7, paragraph (1).
(2)The notification referred to in the preceding paragraph must be accompanied by a copy of the written deposit stating the acceptance of the deposit and a document certifying the fact that the surety bond has been succeeded to.
(3)The notification referred to in paragraph (1) is deemed to be a notification under Article 7, paragraph (2) for the purpose of application of the provisions of Article 7, paragraphs (3) through (5).
(4)In the case referred to in paragraph (1), if any person has a right referred to in paragraph (1) of the following Article regarding the surety bond that is connected with a claim arising from a transaction with a person that was a travel operator or with a travel agent whose affiliated travel operator is the former travel operator, with regard to the enforcement of the right under that paragraph, the claim is deemed to be a claim arising from a transaction with a person that has newly become a travel operator
(Refunds from Surety Bond)
Article 17(1)A traveler who has conducted the transactions regarding travel service with a travel operator or with a travel agent whose affiliated travel operator is the relevant travel operator has the right to be refunded for the claim arising from the transaction from the surety bond deposited by the travel operator.
(2)Matters necessary for the exercise of the rights stated in the preceding paragraph are prescribed by Order of the Ministry of Justice and the Ministry of Land, Infrastructure, Transport and Tourism.
(Deposit of Shortfall in Surety Bond)
Article 18(1)If the surety bond falls short of the amount prescribed in Article 8, paragraph (1) because the person who has the right referred to in paragraph (1) of the preceding Article has exercised that right, a travel operator must deposit the amount of the shortfall.
(2)If a travel operator has deposited a surety bond pursuant to the provisions of the preceding paragraph, it must submit a notification to that effect to the Commissioner of the Japan Tourism Agency, together with a copy of the deposit form stating the acceptance of the deposit.
(3)In the case prescribed in paragraph (1), if a travel operator fails to give a notification referred to in the preceding paragraph within 14 days from the date specified by Ministry of Justice Order and Order of the Ministry of Land, Infrastructure, Transport and Tourism, the registration related to the travel operator ceases to be effective.
(Change of a Depositary Where Surety Bond is Deposited)
Article 18-2(1)If a travel operator has deposited a surety bond only in money, and the nearest depositary has changed because the principal business office of the travel operator has been relocated, without delay and in accordance with Ministry of Justice Order and Ministry of Land, Infrastructure, Transport and Tourism Order, the travel operator must request the depositary where the surety bond is deposited to change the depositary to the nearest depositary after the relocation, with prepayment of expenses.
(2)If a travel operator has deposited a surety bond in the form of securities prescribed in Article 8, paragraph (6) or the securities and money, and the nearest depositary has changed because the principal business office of the travel operator has been relocated, without delay, the travel operator must deposit a new surety bond in the same amount as the surety bond at the nearest depositary after the relocation. When the deposit has been made, the surety bond deposited at the depositary nearest to the principal business office before the relocation may be recovered pursuant to Ministry of Justice Order and the Ministry of Land, Infrastructure, Transport and Tourism Order.
(3)The provisions of Article 7, paragraph (2) apply mutatis mutandis to paragraph (1) and the first sentence of the preceding paragraph.
(Business Improvement Order)
Article 18-3(1)When finding a fact detrimental to the fairness in transactions, the safety of travel or the convenience of travelers with regard to the operation of the service of a travel operator or agent, the Commissioner of the Japan Tourism Agency may order the travel operator or agent to take any of the following measures:
(i)dismiss the certified travel supervisor;
(ii)change the fees for the handling of travel service or the consideration to be received from the traveler for a planned tour;
(iii)change the terms and conditions for travel business;
(iv)ensure the implementation of measures specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as prescribed in Article 12-10 regarding the planned tour;
(v)conclude an insurance contract that can cover the amount necessary to compensate for damages incurred to the traveler; or
(vi)take other measures necessary to improve the operation of the service, beyond what is set forth in the preceding items.
(2)If a travel operator or agent has violated the provisions of Article 12-2, paragraph (3), Article 12-4, paragraph (1) or (2), Article 12-5, paragraph (1), Article 12-7, Article 12-8, or Article 13, paragraph (1) (limited to the part of the acts listed in item (ii) which relate to acts against a traveler) and the Commissioner of the Japan Tourism Agency intends to issue the order under the preceding paragraph, the Commissioner must deliberate with the Commissioner of the Consumer Affair Agency in advance.
(3)When finding it necessary in order to protect the legitimate interests of travelers, the Commissioner of the Consumer Affairs Agency may state necessary opinions to the Commissioner of the Japan Tourism Agency with regard to an order under paragraph (1) (limited to an order against a travel operator or agent that has violated the provisions prescribed in the preceding paragraph).
(4)The provisions of the preceding two paragraphs do not apply to the case in which the prefectural governor is supposed to carry out the affairs under the authority of the Commissioner of the Japan Tourism Agency as prescribed in paragraph (1) pursuant to the provisions of Article 67.
(Revocation of Registration)
Article 19(1)The Commissioner of the Japan Tourism Agency may order the suspension of all or part of the business for a period not exceeding six months or revoke the registration if a travel operator or agent falls under any of the following items:
(i)if they have violated this Act, any order issued under this Act, or any disposition based on this Act or on the order;
(ii)if they fell under any of the persons listed in Article 6, paragraph (1), items (ii), (iii), or (v) through (viii), or were found to have fallen under any of the persons listed in the items of that paragraph at the time of registration; or
(iii)if they have received a registration under Article 3, a registration for renewal of the validity period under Article 6-3, paragraph (1), or a registration for change under Article 6-4, paragraph (1) by wrongful means.
(2)If the Commissioner of the Japan Tourism Agency finds that a travel operator or agent has failed to commence business within one year after being registered or has not conducted business for a continuous period of one year or more, the Commissioner may revoke the registration.
(3)The provisions of Article 6, paragraph (2) apply mutatis mutandis to the disposition under the preceding two paragraphs, and the provisions of paragraphs (2) through (4) of the preceding Article apply mutatis mutandis to the disposition under paragraph (1).
(Deletion of Registration)
Article 20(1)If the validity period of registration (in the case provided for in Article 6-3, paragraph (3), including the period during which the registration remains in force pursuant to the provisions of that paragraph) has expired, the registration has been revoked pursuant to the provisions of Article 7, paragraph (5) (including as applied mutatis mutandis pursuant to the provisions of Article 8, paragraph (3) or Article 9, paragraph (2)) or paragraph (1) or (2) of the preceding Article, a notification has been given pursuant to the provisions of Article 15, or a registration has become ineffective pursuant to the provisions of Article 15-2 or Article 18, paragraph (3) (including as applied mutatis mutandis to the provisions of Article 54, paragraph (4) or Article 61, paragraph (2)), the Commissioner of the Japan Tourism Agency must delete the registration of the travel business or travel agent business.
(2)If the Commissioner of the Japan Tourism Agency finds that a fact has occurred for which notification under Article 15, paragraph (2) or (3) should be made, but no notification under these provisions has been made, the Commissioner may delete the registration of the travel business or travel agent business without the notification.
(3)If the registration has been deleted pursuant to the provisions of the preceding two paragraphs, the former travel operator or its successor may recover the surety bond.
(4)The provisions of Article 9, paragraphs (8) and (9) apply mutatis mutandis to the recovery of the surety bond under the preceding paragraph.
(Inspection of the Travel Operator Register)
Article 21The Commissioner of Tourism Agency must make the travel operator register and the travel agent register available for public inspection.
(Fees)
Article 22(1)A person who applies for registration of renewal of the validity period under Article 6-3, paragraph (1) (excluding a person who applies for registration related to affairs to be conducted by the prefectural governor pursuant to Article 67) must pay a fee in an amount specified by a Cabinet Order in consideration of the actual costs.
(2)A person who intends to take the certified travel supervisor examination stated in Article 11-3, paragraph (1) must pay a fee in the amount specified by a Cabinet Order in consideration of the actual costs.
(3)A person who intends to receive itinerary management training conducted by the Commissioner of the Japan Tourism Agency pursuant to Article 12-27, paragraph (1) must pay the State a fee in the amount specified by a Cabinet Order in consideration of the actual costs.
Section 2 Travel Service Provision Business
(Registration)
Article 23A person who intends to engage in a travel service provision business must obtain registration from the Commissioner of the Japan Tourism Agency.
(Application for Registration)
Article 24(1)A person who intends to obtain registration under the preceding Article must submit a written application to the Commissioner of the Japan Tourism Agency stating the following matters:
(i)the name or trade name and address, and in the case of a corporation, the name of its representative; and
(ii)the name and address of the principal business office and other business offices.
(2)The application must be accompanied by a document stating the business plan and other matters specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism.
(Conducting Registration)
Article 25(1)Upon receipt of an application for registration under the preceding Article, the Commissioner of the Japan Tourism Agency must register the following matters in the register of travel service providers, except the case in which the Commissioner refuses the registration pursuant to the provisions of paragraph (1) of the following Article:
(i)the matters listed in the items of paragraph (1) of the preceding Article; and
(ii)the date of registration and registration number.
(2)If the Commissioner of the Japan Tourism Agency has conducted registration pursuant to the provisions of the preceding paragraph, the Commissioner must notify the applicant for registration to that effect without delay.
(Refusal of Registration)
Article 26(1)The Commissioner of Tourism Agency must refuse to conduct registration if an applicant for registration falls under any of the following items:
(i)falls under any of Article 6, paragraph (1), items (i) through (iv) or (viii);
(ii)a minor who does not have the same capacity to act as an adult in relation to the business and whose legal representative falls under any of Article 6, paragraph (1), items (i) through (iv) or falls under item (iv) of this paragraph;
(iii)a person specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as being incapable of properly carrying out the travel service provision business due to mental or physical disorder or person subject to an order commencing bankruptcy proceedings that has not been released from bankruptcy restrictions;
(iv)a corporation whose directors fall under Article 6, paragraph (1), items (i) through (iv) or any of the preceding items; or
(v)a person who is not found to reliably appoint a certified travel service provision supervisor under Article 28 for each business office.
(2)When the Commissioner of the Japan Tourism Agency has refused to conduct registration pursuant to the provisions of the preceding paragraph, the Commissioner must notify the applicant to that effect together with reasons, without delay.
(Notice of Change)
Article 27(1)If there has been any change in the matters listed in the items of Article 24, paragraph (1), a person that has received registration to engage in a travel service provision business (hereinafter referred to as a "travel service provider") must submit a notification to that effect to the Commissioner of the Japan Tourism Agency within 30 days from the date of the change, together with the documents specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism.
(2)If the Commissioner of the Japan Tourism Agency has received the notification under the preceding paragraph, the Commissioner must register the matters subject to the notification in the register of travel service providers, except the case in which the Commissioner revokes the registration pursuant to the provisions of Article 37, paragraph (1).
(Appointment of Certified Travel Service Provision Supervisors)
Article 28(1)A travel service provider must appoint one or more certified travel service provision supervisors who conform to the provisions of paragraph (5) for each business office and have them manage and supervise affairs concerning the travel service provision operations at the business office in question to ensure the clarity of transaction conditions related to the transactions, the reliable provision of services related to travel, and other matters prescribed by Order of the Ministry of Land, Infrastructure, Transport and Tourism as being necessary to ensure fairness in transactions, safety of travel and convenience of travelers.
(2)If all of the persons appointed as a certified travel service provision supervisor for its business office fall under any of Article 6, paragraph (1), items (i) through (iv) or Article 26, paragraph (1), items (ii) or (iii), or all of the persons appointed have left their positions, a travel service provider must not conclude any contract related to travel service provision operations at the business office until the travel service provider appoints a new certified travel service provision supervisor.
(3)The provisions of paragraph (1) also apply to a business office where there is only one person handling travel service provision operations.
(4)A certified travel service provision supervisor may not become a certified travel service provision supervisor of multiple business offices.
(5)A certified travel service provision supervisor must be a person who does not fall under any of Article 6, paragraph (1), items (i) through (iv) and Article 26, paragraph (1), items (ii) and (iii), and who has completed a training course on travel service provision operations (hereinafter referred to as "training for certified travel service provision supervisors") conducted by a person registered by the Commissioner of the Japan Tourism Agency under Articles 12-12 through 12-14 (hereinafter referred to as a "registered training institute" in this Section) or a person stated in the following items:
(i)in the case of a business office that handles travel service provision operations only for trips within Japan, a person who has passed the comprehensive certified travel supervisor examination or the domestic certified travel supervisor examination under Article 11-3; or
(ii)in the case of a business office other than the business office referred to in the preceding item, a person who has passed the comprehensive certified travel supervisor examination under Article 11-3.
(6)A travel service provider must have their certified travel service provision supervisor receive training conducted by a registered training institute every three to five years as specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism, in order to improve their knowledge and ability required for laws and regulations concerning travel service provision operations, itinerary management, and other duties of a certified travel service provision supervisor.
(7)If the Commissioner of the Japan Tourism Agency finds that a travel service provider does not comply with the provisions of the preceding paragraph, the Commissioner may recommend that the provider take necessary measures by a specified time limit.
(8)If a person that has received a recommendation under the preceding paragraph fails to comply with the recommendation, the Commissioner of the Japan Tourism Agency may order the person to take measures related to the recommendation by a specified time limit.
(9)Beyond what is provided for in paragraph (6), a travel service provider must endeavor to take measures to improve the knowledge and ability of a certified travel service provision supervisor that are necessary for their duties, by measures such as having the certified travel service provision supervisor take training courses on complaint resolution and other business activities.
(Application Mutatis Mutandis)
Article 29The provisions of Articles 12-12 through 12-28 apply mutatis mutandis to registered training institutes. In this case, in Article 12-12, the term "paragraph (1) of the preceding Article" is deemed to be replaced with "Article 28, paragraph (5)" and the phrase "of itinerary management training" is deemed to be replaced with "of training for certified travel service provision supervisors prescribed in that paragraph (hereinafter in this Section referred to as "training for certified travel service provision supervisors")", the term "itinerary management training services" in Articles 12-12, Article 12-13, item (iii), Article 12-14, paragraph (2), item (iii), Article 12-16 (including the heading), Article 12-19, Articles 12-22 through 12-25, Article 12-26, paragraph (1), Article 12-27 (including the heading), and Article 12-28, items (iv) and (v) is deemed to be replaced with "training services for certified travel service provision supervisors", the term "Article 12-11, paragraph (1)" in Article 12-13, Article 12-15, paragraph (1), Article 12-23, item (v), Article 12-27, paragraph (1) and Article 12-28, items (i) and (iv) is deemed to be replaced with "Article 28, paragraph (5)", the term "itinerary management training" in Article 12-14, paragraph (1) and Article 12-20, paragraph (2) is deemed to be replaced with "training services for certified travel service provision supervisors", the term "Appended Table 1" in Article 12-14, paragraph (1) is deemed to be replaced with "Appended Table 2", the term "itinerary management training services rules" in Article 12-18 (including the heading) is deemed to be replaced with "rules for training services for certified travel service provision supervisors", in paragraph (1) of that Article, the phrase "in itinerary management training services" in paragraph (1) of that Article is deemed to be replaced with "in training services for certified travel service provision supervisors" and the phrase "of itinerary management training services" is deemed to be replaced with "of training services for certified travel service provision supervisors", and the phrase "of itinerary management training " in paragraph (2) of that Article and Article 12-22 is deemed to be replaced with "of training for certified travel service provision supervisors", and the phrase "in itinerary management training" in Article 12-18, paragraph (2) is deemed to be replaced with "in training for certified travel service provision supervisors", and any necessary technical replacement is to be specified by Cabinet Order.
(Issuance of Written Documents)
Article 30(1)Unless otherwise provided for by Order of the Ministry of Land, Infrastructure, Transport and Tourism and Cabinet Office Order, if a travel service provider concludes a contract with a person with whom it conducts transactions in relation to travel service provision operations, without delay, the travel service provider must issue the person a document stating the details of services related to travel to be provided to the traveler and other matters provided by Order of the Ministry of Land, Infrastructure, Transport and Tourism.
(2)Pursuant to the provisions of Cabinet Order, instead of taking the measure to issue a document pursuant to the provisions of the preceding paragraph, with the consent of the person with whom a travel service provider conducts transactions with regard to the travel service provision operations, the travel service provider may take the measure to notify them of the matters specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as referred to in that paragraph by means of electronic information processing systems or other information and communication technologies specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism. In this case, the travel service provider is deemed to have issued the document.
(Prohibited Acts)
Article 31(1)A travel service provider must not intentionally fail to state a fact or tell a falsehood with regard to an important matter concerning transactions with a person with whom the travel service provider conducts transactions in relation to travel service provision operations.
(2)A travel service provider must not unreasonably delay the performance of obligations arising from transactions for a person with whom the travel service provider has conducted the transactions with respect to the travel service provision operations.
(3)A travel service provider or their agent, employee or other worker must not commit any acts specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as causing a loss of trust in the travel service provision business in relation to the travel service provision operations they handle.
(Prohibition of Use of Names)
Article 32(1)A travel service provider must not allow another person to use its name for travel service provision business.
(2)A travel service provider must not allow another person to operate a travel service provision business in its name, whether by way of a business lease or any other means.
(Commissioning Travel Service Provision Operations)
Article 33(1)If a travel service provider commissions travel service provision operations to another person, it must commission the operations to another travel service provider or to another travel operator.
(2)If a travel operator that performs an act prescribed in Article 2, paragraph (6) pursuant to paragraph (1) of the following Article commissions the act to another person, it must commission it to another travel service provider or another travel operator.
(Travel Operators or Agents Acting as Travel Service Providers)
Article 34(1)Notwithstanding the provisions of Article 23, a travel operator may perform an act prescribed in Article 2, paragraph (6) without registration of travel service provision business.
(2)The provisions of Article 23 do not apply to travel service carried out by a travel agent.
(Discontinuance of Business)
Article 35(1)If a travel service provider discontinues its business, transfers all of its business or has another person succeed to all of its business upon a split, it must notify the Commissioner of the Japan Tourism Agency to that effect within 30 days from the date of the discontinuance.
(2)If a corporation that is a travel service provider ceases to exist as a result of a merger, the person who was a director executing the business of the corporation must notify the Commissioner of the Japan Tourism Agency to that effect within 30 days from the date on which the corporation ceased to exist.
(3)In the event of the death of a travel service provider, the heir must notify the Commissioner of the Japan Tourism Agency to that effect within 30 days from the date on which the heir became aware of the death of the decedent.
(Business Improvement Order)
Article 36When finding a fact detrimental to the fairness in transactions, the safety of travel or the convenience of travelers with regard to the operation of the service of a travel service provider, the Commissioner of the Tourist Agency may order the travel service provider to take any of the following measures:
(i)dismiss the certified travel service provision supervisor; or
(ii)take measures necessary to improve the operation of the service, beyond what is listed in the preceding item.
(Revocation of Registration)
Article 37(1)The Commissioner of the Japan Tourism Agency may order a travel service provider to suspend all or part of its service for a specified period not exceeding six months or revoke its registration if it falls under any of the following items:
(i)if the travel service provider has violated this Act or any order issued under this Act, or any disposition based on this Act or the order;
(ii)if the travel service provider has come to fall under any of the persons listed in Article 6, paragraph (1), items (ii), (iii) or (viii) or Article 26, paragraph (1), items (ii) through (iv) or has been found to have fallen under any of the persons listed in the items of that paragraph at the time of registration; or
(iii)if the travel service provider has received a registration under Article 23 by wrongful means.
(2)When the Commissioner of the Japan Tourism Agency finds that a travel service provider has not commenced business within one year after being registered or has not conducted business for a continuous period of one year or more, the Commissioner may revoke the registration.
(3)The provisions of Article 26, paragraph (2) apply mutatis mutandis to the dispositions under the preceding two paragraphs.
(Cancellation of Registration)
Article 38(1)If the Commissioner of the Japan Tourism Agency has revoked the registration under paragraph (1) or (2) of the preceding Article, or notification has been given pursuant to the provisions of Article 35, the Commissioner must delete the registration of the travel service provision business.
(2)If the Commissioner of the Japan Tourism Agency finds that a fact has occurred for which notification should have been given pursuant to the provisions of Article 35, paragraph (2) or (3), but no notification has been made pursuant to these provisions, the Commissioner may delete the registration of the travel service provision business even if the notification has not been made.
(Inspection of the Register of Travel Service Providers)
Article 39The Commissioner of Tourism Agency must make the register of travel service providers available for public inspection.
(Fees)
Article 40A person who intends to receive training for certified travel service provision supervisors conducted by the Commissioner of the Japan Tourism Agency pursuant to Article 12-27, paragraph (1) as applied mutatis mutandis pursuant to the provisions of Article 29 must pay a fee to the State in an amount specified by Cabinet Order in consideration of the actual costs.
Chapter III Associations of Travel Agents
(Designation)
Article 41(1)If there is an application by a person meeting the following requirements, and the person is found to have a proper plan for all the services listed in the items of the following Article and be able to reliably perform the services, the Commissioner of the Japan Tourism Agency may designate the person as a person to perform the services listed in the items of that Article in accordance with the provisions of this Chapter:
(i)the applicant is a general incorporated association;
(ii)the applicant is a body whose members are only travel operators or agents and travel service providers;
(iii)the articles of association of the applicant conform to the provisions of Article 43 with regard to the qualification of members;
(iv)the applicant is not a person whose designation has been revoked under Article 60, paragraph (1) and five years have not elapsed since the date of revocation;
(v)no director of the applicant falls under any of Article 6, paragraph (1), items (i) through (iv); and
(vi)no director of the applicant falls under the category of a person specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism as being incapable of performing their duties properly due to mental or physical disability or the category of a person being subject to an order commencing bankruptcy proceedings who has not been released from bankruptcy restrictions.
(2)If the Commissioner of the Japan Tourism Agency has made the designation referred to in the preceding paragraph, the Commissioner must make a public notice in the official gazette of the name, address and location of the office of the person that has received the designation (hereinafter referred to as the "association of travel agents") and the date of commencement of the compensation operations designated by the Commissioner under Article 48, paragraph (1).
(3)If the association of travel agents intends to change its name, address or location of its office, it must notify the Commissioner of the Japan Tourism Agency to that effect in advance.
(4)If the Commissioner of the Japan Tourism Agency has received a notification under the preceding paragraph, the Commissioner must make a public notice to that effect in the official gazette.
(Operation)
Article 42The association of travel agents must properly and securely perform the following services as provided for in this Chapter:
(i)resolving complaints from travelers and persons providing travel related services concerning travel service or travel service provision operations handled by the travel operator, agent, or travel service provider;
(ii)training for persons engaged in the handling of travel service or travel service provision operations;
(iii)the compensation of claims arising from transactions with a travel operator that is a member of the association or a travel agent whose affiliated travel operator is a member of the association to a traveler who has conducted transactions with the travel operator or the travel agent concerning travel service (hereinafter referred to as "compensation operations");
(iv)guidance to travel operator, agent, or travel service provider to ensure proper operation of travel service or travel service provision operations; and
(v)investigations, research and public relations to ensure fairness in transactions concerning travel service and travel service provision operations or to promote the sound development of the travel business, travel agent business and travel service provision business.
(Member Qualifications and Admission)
Article 43(1)The association of travel agents must not place any restrictions on the qualifications of its members other than that they are travel operators, travel agents or travel service providers.
(2)When a travel operator, agent or travel service provider qualified as a member intends to join an association of travel agents, the association must not refuse to admit them or attach more difficult conditions to their admission than those attached to the admission of the current members, without just cause.
(Reporting of Member Admissions and Withdrawals)
Article 44When a new member joins or a member loses their status, the association of travel agents must immediately report to the Commissioner of Tourism Agency to that effect.
(Resolution of Complaints)
Article 45(1)If a traveler or a person providing services related to travel requests an association of travel agents to resolve a complaint concerning travel service or travel service provision operations handled by a travel operator, agent or travel service provider, the association must provide consultation, give necessary advice to the complainant, investigate the circumstances related to the complaint, and require the travel operator, agent, or travel service provider to process the complaint in an expedited manner upon notifying them of the details of the complaint.
(2)If the association of travel agents finds it necessary for the resolution of a complaint related to a request under the preceding paragraph, the association may request a written or oral explanation from the relevant travel operator, agent or travel service provider, or request the submission of materials.
(3)A member of the association of travel agent must not refuse a request made by the association under the preceding paragraph without justifiable reason.
(4)The association of travel agents must make the member aware of the request under paragraph (1), the circumstances surrounding the complaint, and the results of its resolution.
(Training in Travel Service and Travel Service Provision Operations)
Article 46(1)An association of travel agents must establish a fixed course of study and conduct the following training:
(i)if travel operators or agents participate as members, training concerning the knowledge and abilities necessary for the duties of certified travel supervisors and other training concerning the handling of travel service for employees of travel operators or agents; and
(ii)if travel service providers participate as members, training concerning the knowledge and abilities necessary for the duties of certified travel service provision supervisors and other training concerning the handling of travel service provision operations for the employees of travel service providers.
(2)The training referred to in the preceding paragraph must be made available to employees of travel operators, agents or travel service providers other than members.
(Deposit of Compensation Security Bonds)
Article 47(1)When an association of travel agents has been paid the share of the compensation security bonds deposit pursuant to Article 49, paragraph (1) through (3), it must deposit the compensation security bonds in an amount equivalent to the amount paid, within seven days from that date, pursuant to the provisions of Ministry of Justice Order and Order of Ministry of Land, Infrastructure, Transport and Tourism.
(2)The compensation security bonds must be deposited at the deposit office nearest the address of the association of travel agents.
(3)The provisions of Article 7, paragraph (2) and Article 8, paragraph (6) apply mutatis mutandis to the deposit of the compensation security bonds pursuant to paragraph (1).
(Refunds from Compensation Security Bonds Deposit)
Article 48(1)On or after the commencement date of the compensation operations designated by the Commissioner of the Japan Tourism Agency, a traveler who has conducted transactions in relation to the travel service with a guarantee member (meaning a member that has paid its share of the compensation security bonds deposit pursuant to the provisions of paragraph (1) of the following Article; the same applies hereinafter) or with a travel agent whose affiliated travel operator is the guarantee member has the right to be refunded from the compensation security bonds that the association of travel agents has deposited, up to the maximum refund specified in the terms and conditions for the compensation operations with regard to the claim arising from the transactions (if there is another claim already certified under the following paragraph with regard to the guarantee member, within the range of the amount from which the amount of the other claim is deducted, and if there is a payment received under Article 50, paragraph (2), within the range of the amount that includes the payment).
(2)A person who intends to exercise the rights referred to in the preceding paragraph must have the claim certified by the association of travel agents.
(3)If the right referred to in paragraph (1) has been exercised, the association of travel agents must deposit an amount of compensation security bonds equivalent to the amount of the refund, within 21 days from the date of the exercise.
(4)The provisions of Article 7, paragraph (2) and Article 8, paragraph (6) apply mutatis mutandis to the deposit of compensation security bonds pursuant to the preceding paragraph.
(5)The maximum refund referred to in paragraph (1) may not be less than the amount of the surety bond that would have to be deposited by the travel operator that is the guarantee member concerned if the provisions of Article 53 did not apply.
(6)The matters necessary for exercising the right referred to in paragraph (1) are prescribed by Ministry of Justice Order and Order of the Ministry of Land, Infrastructure, Transport and Tourism, and the matters necessary for the certification under paragraph (2) are prescribed by Order of the Ministry of Land, Infrastructure, Transport and Tourism.
(Payment of the Share of the Compensation Security Bonds Deposit)
Article 49(1)By the date specified in each of the following items, the following persons must pay their share of the compensation security bonds deposit to the association of travel agents at the amount specified in the terms and conditions for compensation operations to replenish the compensation security bonds:
(i)a travel operator that intends to join the association of travel agents: the date on which the travel operator intends to join the association of travel agents; and
(ii)a travel operator that is a member of the association of travel agents on the date designated under Article 41, paragraph (1): the date one month before the commencement of the compensation operations designated by the Commissioner of the Japan Tourism Agency under paragraph (1) of the preceding Article.
(2)The guarantee member must pay the increased amount of its share of the compensation security bonds deposit to the association of travel agents within 100 days from the day following the date of the end of each fiscal year if the amount of its share of the compensation security bonds deposit is increased after the end of each fiscal year, or within 14 days from the date of registration of the change if the member receives the registration of change referred to in Article 6-4, paragraph (1) and the amount of its share of the compensation security bonds deposit is increased.
(3)If the amount of its share of the compensation security bonds deposit is increased as a result of a change to the terms and conditions for the compensation operations, the guarantee member must pay the increased amount of its share of the compensation security bonds deposit to the association of travel agents by the date specified in the terms and conditions for the compensation operations.
(4)If a member fails to pay the its share of the compensation security bonds deposit under paragraph (1), item (ii) or the preceding two paragraphs by the date provided for in those provisions, they will lose their status as a member of the association of travel agents.
(Payment of Refund Appropriations)
Article 50(1)When a refund from the compensation security bonds deposit has been paid pursuant to Article 48, paragraph (1), the association of travel agents must notify the guarantee member or former guarantee member related to the refund that they should pay the refund appropriation in an amount equivalent to the refund to the association of travel agents.
(2)The guarantee member or former guarantee member who has received the notification referred to in the preceding paragraph must pay the refund appropriation in an amount subject to the notification to the association of travel agents within seven days from the date of receipt of the notification.
(3)If the guarantee member fails to pay the refund appropriation referred to in paragraph (1) by the date provided for in the preceding paragraph, it will lose its status as a member of the association of travel agents.
(Recovery of the Compensation Security Bonds Deposit)
Article 51(1)The association of travel agents may recover the compensation security bonds deposit equivalent to the amount of the share of the compensation security bonds deposit that the former guarantee member has paid pursuant to Article 49 if the guarantee member has lost its status as a member of the association of travel agents, or may recover the compensation security bonds deposit equivalent to the reduced amount if the share of the compensation security bonds deposit under Article 49 for a guarantee member is reduced after the end of each fiscal year or after the guarantee member has received the registration of change under Article 6-4, paragraph (1).
(2)If the amount of the share of the compensation security bonds deposit is reduced as a result of a change to the terms and conditions for the compensation operations, the association of travel agents may recover the compensation security bonds deposit for all guarantee employees in an amount equivalent to the reduction.
(3)When the association of travel agents has recovered the compensation security bonds deposit pursuant to the preceding two paragraphs, it is to return the share of the compensation security bonds deposit equivalent to the amount so recovered to the person that is or was the guarantee member.
(4)In the case of the preceding paragraph, if the guarantee member has lost its status as a member, the association of travel agents is to return the share of the compensation security bonds deposit after the period prescribed in the following paragraph has passed, if the association of travel agents has a claim against the person that is or was the guarantee member, the association of travel agents is to return the share of the compensation security bonds deposit after payment has been completed concerning that claim, and if the association of travel agents has a claim certified under Article 48, paragraph (2) against the person that is or was the guarantee member, the association of travel agents is to return the share of the compensation security bonds deposit after payment has been completed concerning the claim of the refund appropriation stated in paragraph (1) of the preceding Article that arises in relation to the claim.
(5)If a guarantee member has lost its status as a member, concerning claims arising from a transaction that was conducted concerning travel service with a person that was a guarantee member or with a travel agent whose affiliated travel operator was the former guarantee member, during the term when the person in question was a guarantee member, the association of travel agents must give public notice to the persons who have rights under Article 48, paragraph (1) that they should make requests to obtain the certification under paragraph (2) of that Article, within a certain period of not less than six months.
(6)The association of travel agents may not make the certification referred to in Article 48, paragraph (2) concerning a claim referred to in the preceding paragraph for which a notification has not been made within the period referred to in the preceding paragraph.
(7)The provisions of Article 9, paragraph (9) apply mutatis mutandis to the recovery of the compensation security bonds deposit pursuant to paragraphs (1) and (2).
(A Reserve Fund for the Compensation Security Bonds Deposit)
Article 52(1)The association of travel agents must accumulate a reserve fund for the compensation security bonds deposit to replenish that deposit if no refund appropriation has been paid at the time of depositing the compensation security bonds pursuant to Article 48, paragraph (3).
(2)An association of travel agents must transfer interest or dividends arising from the compensation security bonds deposit (including securities deposited pursuant to Article 8, paragraph (6) as applied mutatis mutandis pursuant to Article 47, paragraph (3)) to the reserve fund for the compensation security bonds deposit.
(3)If the association of travel agents deposits the compensation security bonds deposit pursuant to Article 48, paragraph (3), but the reserve fund for the compensation security bonds deposit under paragraph (1) is still insufficient, the association of travel agents must notify the guarantee member that it should pay the association its share of the special deposit for compensation security bonds in the amount specified in the terms and conditions for compensation operations to cover the shortfall.
(4)A guarantee member who has received the notification referred to in the preceding paragraph must pay the association of travel agents its share of the special deposit for compensation security bonds in the amount subject to the notification within one month from the date of receipt of the notification.
(5)The provisions of Article 50, paragraph (3) apply mutatis mutandis to the preceding paragraph.
(6)If the association of travel agents has been paid the refund appropriation for the deposit of the compensation security bonds under Article 50, paragraph (2) after appropriating the reserve fund for the compensation security bonds deposit to replenish that deposit under Article 48, paragraph (3), it must transfer the refund appropriation to the reserve fund for the compensation security bonds deposit.
(7)If the amount of the reserve fund for the compensation security bonds deposit exceeds the amount specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism, with the approval of the Commissioner of the Japan Tourism Agency, the association of travel agents may draw down the reserve fund for the compensation security bonds deposit in the excess amount to cover the expenses required for the performance of the services listed in the items of Article 42.
(Exemption from Depositing a Surety Bond)
Article 53A guarantee member is not required to deposit a surety bond under the provisions of this Act on and after the date of commencement of the compensation operations designated by the Commissioner of the Japan Tourism Agency under Article 48, paragraph (1).
(Recovery of a Surety Bond in the Event of becoming a Guarantee Member)
Article 54(1)A travel operator may recover the deposited surety bond when becoming a guarantee member of an association of travel agents.
(2)The provisions of Article 9, paragraphs (8) and (9) apply mutatis mutandis to the recovery of the surety bond pursuant to the preceding paragraph.
(3)If a travel operator ceases to be a guarantee member, it must immediately deposit the surety bond.
(4)The provisions of Article 18, paragraphs (2) and (3) apply mutatis mutandis to the deposit of the surety bond pursuant to the preceding paragraph. In this case, the term "the preceding paragraph" in paragraph (2) of that Article is deemed to be replaced with "Article 54, paragraph (3)", the term "paragraph (1)" in paragraph (3) of that Article is deemed to be replaced with "Article 54, paragraph (3)", and the phrase "within 14 days from the date specified by Ministry of Justice Order and Order of the Ministry of Land, Infrastructure, Transport and Tourism" is deemed to be replaced with "within seven days from the date when a travel operator ceased to be a guarantee member".
(Matters to be Included in the Terms and Conditions for Travel Business of the Guarantee Member)
Article 55A guarantee member must clearly indicate the following matters in its terms and conditions for travel business:
(i)the name and address of the association of travel agents to which it belongs;
(ii)that a person who has conducted transactions in relation to travel service with the guarantee member or a travel agent whose affiliated travel operator is the guarantee member may be refunded for claims arising from the transactions from the compensation security bonds deposited by the association of travel agents to which the guarantee member belongs;
(iii)the maximum refund from the compensation security bonds related to the guarantee member; and
(iv)that no surety bond has been deposited.
(Approval of the Terms and Conditions for Compensation Operations)
Article 56(1)The association of travel agents must establish the terms and conditions for compensation operations with regard to the following matters and obtain the approval of the Commissioner of the Japan Tourism Agency; the same applies if it intends to change them:
(i)matters relating to the amount and method of payment of the share of the compensation security bonds deposit;
(ii)matters relating to the maximum refund and certification of claims;
(iii)matters relating to the method of payment of the refund appropriation;
(iv)matters relating to the recovery of the compensation security bonds deposit and the administration of the recovered amount;
(v)matters relating to the return of the share of the compensation security bonds deposit;
(vi)matters relating to the method of administration of the reserve fund for the compensation security bonds deposit and the amount and method of payment of the share of the special deposit for the compensation security bonds; and
(vii)in addition to the matters listed in the preceding items, matters necessary for the implementation of the compensation operations.
(2)If the Commissioner of the Japan Tourism Agency finds that the terms and conditions for compensation operations approved pursuant to the provisions of the preceding paragraph have become inappropriate for the proper and reliable implementation of compensation operations, the Commissioner may order the association of travel agents to change them.
(Business Plans)
Article 57(1)Before the start of each fiscal year (or promptly after the designation under Article 41, paragraph (1) in the case of a fiscal year that includes the date of designation under Article 41, paragraph (1)) the association of travel agents must prepare a business plan and income and expenditure budget and obtain the approval of the Commissioner of the Japan Tourism Agency. The same applies if it intends to change the plan.
(2)Within three months after the end of each fiscal year, the association of travel agents must prepare a business report, a balance sheet, a statement of income and expenditure, and an inventory of property, and submit them to the Commissioner of the Japan Tourism Agency.
(Appointment and Dismissal of Officers)
Article 58(1)The appointment and dismissal of directors of the association of travel agents does not come into effect without the approval of the Commissioner of the Japan Tourism Agency.
(2)If an director of the association of travel agents has committed an act in violation of this Act, any order or disposition under this Act, or the terms and conditions for compensation operations approved pursuant to Article 56, paragraph (1), or the association of travel agent ceases to conform to the requirements listed in Article 41, paragraph (1), item (v) or (vi) as a result of the officer's appointment, the Commissioner of the Japan Tourism Agency may order the association of travel agents to dismiss the director.
(Supervision Order)
Article 59If the Commissioner of the Japan Tourism Agency finds it necessary to enforce the provisions of this Chapter, the Commissioner may issue orders to the association of travel agents as necessary for supervision.
(Revocation of Designation)
Article 60(1)The Commissioner of the Japan Tourism Agency may revoke the designation under Article 41, paragraph (1) if the association of travel agents falls under any of the following items:
(i)if it is found to be incapable of properly and reliably carrying out the services listed in the items of Article 42;
(ii)if it has violated this Act, an order under this Act, or the terms and conditions for compensation operations approved pursuant to Article 56, paragraph (1);
(iii)if it has violated a disposition under Article 56, paragraph (2), Article 58, paragraph (2), or the preceding Article.
(2)If the Commissioner of the Japan Tourism Agency has revoked the designation under Article 41, paragraph (1), the Commissioner must make a public notice to that effect in the official gazette.
(Deposit of Surety Bond in the Cases of Revocation of Designation)
Article 61(1)Where the association of travel agents has had its designation under Article 41, paragraph (1) revoked or has been dissolved, a travel operator that was a guarantee member of the association of travel agents must deposit the surety bond.
(2)The provisions of Article 18, paragraphs (2) and (3) apply mutatis mutandis to the deposit of surety bond pursuant to the preceding paragraph. In this case, the term "the preceding paragraph" in paragraph (2) of that Article is deemed to be replaced with "Article 61, paragraph (1)", and in paragraph (3) of that Article, the term "paragraph (1)" is deemed to be replaced with "Article 61, paragraph (1)", and the phrase "within 14 days from the date specified by Ministry of Justice Order and Order of the Ministry of Land, Infrastructure, Transport and Tourism" is deemed to be replaced with "within 21 days from the date on which the association of travel agents has the designation under Article 41, paragraph (1) revoked or the association of travel agents was dissolved".
(Compensation Operations in the Cases of Revocation of Designation)
Article 62(1)In the case of an association of travel agents whose designation under Article 41, paragraph (1) was revoked or which has been dissolved (hereinafter referred to as the "former association"), the Commissioner of the Japan Tourism Agency is to notify the former association of the matters concerning a travel operator that was a guarantee member of the former association and whose registration was deleted pursuant to Article 20, paragraph (1) because the registration ceased to be effective pursuant to Article 18, paragraph (3) as applied mutatis mutandis pursuant to paragraph (2) of the preceding Article.
(2)If the former association has received the notice under the preceding paragraph, the former association may recover the compensation security bonds deposit; provided, however, that this does not apply to the compensation security bonds deposit of an amount equivalent to the total of the maximum refunds of the persons who were the guarantee members related to the notice under that paragraph and the total of the claims certified pursuant to Article 48, paragraph (2) regarding other persons who were guarantee members for which the right under paragraph (1) of that Article has not been exercised.
(3)If the former association has received the notice under paragraph (1), concerning claims arising from a transaction that was conducted concerning travel service with a person that was a guarantee member related to the notice under paragraph (1) or with a travel agent whose affiliated travel operator was the former guarantee member, during the term when the person in question was a guarantee member, the former association must give public notice to the persons who have rights under Article 48, paragraph (1) that they should make requests to obtain the certification under paragraph (2) of that Article within a certain period of not less than six months.
(4)After giving the public notice under the preceding paragraph, the former association is to still administer the affairs of certification under Article 48, paragraph (2) concerning claims prescribed in the preceding paragraph for which a request has been made within the period specified in the public notice.
(5)After the former association has completed the affairs of certification concerning the claims prescribed in paragraph (3) for which a request has been made within the period specified in the public notice referred to in that paragraph, the former association may recover the compensation security bonds deposited at that time from which the total amount of the claims which have been certified under Article 48, paragraph (2) by that time and for which the rights under paragraph (1) of that Article have not been exercised is deducted.
(6)On and after the date on which six months have elapsed after the period prescribed in the public notice referred to in paragraph (3), the former association may recover the compensation security bonds deposit that is still deposited at that time.
(7)The provisions of Article 9, paragraphs (8) and (9) apply mutatis mutandis to the case of giving public notice pursuant to paragraph (3), and the provisions of paragraph (9) of that Article apply mutatis mutandis to the case of recovering the compensation security bonds deposit pursuant to paragraph (2) and the preceding two paragraphs.
(Issuing Compensation Security Bonds Deposit in the Cases of Revocation of Designation)
Article 63Pursuant to the provisions of Cabinet Order, the former association is to issue to persons who were its guarantee members on the day on which the designation under Article 41, paragraph (1) was revoked or the association was dissolved (hereinafter referred to as the "day of the designation revocation or dissolution") the compensation security bonds deposit recovered pursuant to the provisions of paragraphs (2), (5) and (6) of the preceding Article, the refund appropriation paid pursuant to the provisions of Article 50, paragraph (2) on or after the day of the designation revocation or dissolution, and the reserve fund for the compensation security bonds deposit (including shares of the special deposit for compensation security bonds paid pursuant to the provisions of Article 52, paragraph (4) on or after the day of the designation revocation or dissolution), in proportion to the amount of the persons' shares of compensation security bonds deposit.
Chapter IV Miscellaneous Provisions
(Opinion Hearing)
Article 64(1)If the Commissioner of the Japan Tourism Agency intends to make a disposition under Article 6, paragraph (1) (as applied mutatis mutandis pursuant to Article 6-3, paragraph (2) or Article 6-4, paragraph (2); the same applies in paragraph (3)) or Article 26, paragraph (1), the Commissioner must request the appearance of the travel operator, agent or travel service provider, or their agent, and must listen to their opinions in an open hearing in order to give them an opportunity to explain and submit evidence.
(2)In the case of the preceding paragraph, the Commissioner of the Japan Tourism Agency must notify the travel operator, agent or travel service provider of the reasons for the disposition and the date and place of the hearing of opinions at least one week before the date of the hearing of opinions, and must also make a public notice of the date and place of the hearing.
(3)Notwithstanding the provision of paragraph (1), in the case referred to in paragraph (1), if the Commissioner of the Japan Tourism Agency is unable to give notice under the preceding paragraph because the whereabouts of the travel operator, agent or travel service provider are unknown, and their whereabouts remain unknown after 30 days from the date of public notice under that paragraph, or if the travel operator, agent or travel service provider or their agent fails to appear on the date for hearing of opinions without justifiable reasons, the Commissioner may make the disposition under Article 6, paragraph (1) or Article 26, paragraph (1) without hearing opinions.
(Special Provisions for Hearings)
Article 65(1)Regardless of the classification of procedures for the statement of opinions under Article 13, paragraph (1) of the Administrative Procedure Act (Act No. 88 of 1993), if the Commissioner of the Japan Tourism Agency intends to make a disposition under Article 18-3, paragraph (1) (excluding item (i)) or Article 36 (excluding item (i)), or order the suspension of business under Article 19, paragraph (1) or Article 37, paragraph (1), the Commissioner must hold a hearing.
(2)In conducting a hearing related to a disposition under Article 18-3, paragraph (1), Article 19, paragraph (1) or (2), Article 36, or Article 37, paragraph (1) or (2), the Commissioner of the Japan Tourism Agency must give notice under Article 15, paragraph (1) of the Administrative Procedure Act by one week before the date of hearing, and must make a public notice of the date and place of the hearing.
(3)If the notice referred to in the preceding paragraph is given by the method prescribed in Article 15, paragraph (3) of the Administrative Procedure Act, a reasonable period of time before the date of hearing under paragraph (1) of that Article must not be less than two weeks.
(4)The proceedings on the date of the hearing referred to in paragraph (2) must be open to the public.
(Transitional Measures)
Article 66If an order is established, amended or repealed pursuant to the provisions of this Act, necessary transitional measures (including transitional measures concerning penal provisions) may be provided for in the order to the extent found reasonably necessary in connection with the establishment, amendment or repeal.
(Affairs to be Handled by Prefectures)
Article 67Part of the affairs under the authority of the Commissioner of the Japan Tourism Agency prescribed in this Act may be conducted by prefectural governors pursuant to the provisions of Cabinet Order.
(Notification of Organizations)
Article 68Any organization listed in the following items must notify the Commissioner of the Japan Tourism Agency of the matters specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism within 30 days from the date of its establishment:
(i)organizations that the travel operators or agents or the persons engaged in services for executing contracts for travel service have formed for the purpose of maintaining fairness in transactions concerning travel service or promoting the sound development of the travel business or travel agent business; or
(ii)organizations that the travel service providers or the persons engaged in services for executing contracts for travel service provision operations have formed for the purpose of maintaining fairness in transactions concerning travel service provision operations or promoting the sound development of the travel service provision business.
(Acting as an Agent for Examination Affairs)
Article 69(1)Upon application, the Commissioner of the Tourism Agents may have an association of travel agents administer the affairs of the certified travel supervisor examination under Article 11-3 (hereinafter referred to as "examination affairs").
(2)If the association of travel agents intends to administer the examination affairs pursuant to the provisions of the preceding paragraph, it must establish rules concerning the administration of the examination affairs (hereinafter referred to as the "rules on examination affairs") and receive approval from the Commissioner of the Tourism Agents. The same applies if it intends to change the rules.
(3)The matters to be provided for in the rules on examination affairs referred to in the preceding paragraph are prescribed by Order of the Ministry of Land, Infrastructure, Transport and Tourism.
(4)When administering the examination affairs, the association of travel agents must have a person who meets the requirements specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism (hereinafter referred to as "examiner") administer the affairs to determine whether or not the applicant has the necessary knowledge and ability to be a certified travel supervisor.
(5)When the association of travel agents appointments or dismiss an examiner, it must notify the Commissioner of the Japan Tourism Agency to that effect without delay.
(6)If a director of the association of travel agents or an examiner violates the rules on examination affairs approved pursuant to paragraph (2) (including this Act or any order or disposition under this Act, in the case of an examiner), or the director or examiner has committed an extremely inappropriate act in connection with the examination affairs, the Commissioner of the Japan Tourism Agency may order the association of travel agents to dismiss the director or examiner.
(7)A director or employee of the association of travel agents engaged in the examination affairs (including an examiner; the same applies in the following paragraph) or a person who was in these positions must not divulge any secret that they have learned in connection with the examination affairs.
(8)With regard to the application of the Penal Code (Act No. 45 of 1907) and other penal provisions, the directors and employees of the association of travel agents provided in the preceding paragraph are deemed to be officials engaged in public service under the laws and regulations.
(9)If the association of travel agents administers the examination affairs, the fee under Article 22 is to be paid to the association of travel agents. In this case, the fee paid is to be the income of the association of travel agents.
(10)The provisions of Article 56, paragraph (2) apply mutatis mutandis to the rules of examination affairs, and the provisions of Article 59 apply mutatis mutandis to the case in which the association of travel agents administers the examination affairs.
(Report collection and On-Site Inspection)
Article 70(1)To the extent necessary to achieve the purpose of Article 1, the Commissioner of the Japan Tourism Agency may have a travel operator or agent, a person registered under Article 12-11, paragraph (1), a travel service provider, a person registered under Article 28, paragraph (5), an association of travel agents, or an organization listed in the items of Article 68 report on its service.
(2)If the Commissioner of the Consumer Affairs Agency finds it necessary to do so in order to state opinions under Article 18-3, paragraph (3) (including as applied mutatis mutandis pursuant to Article 19, paragraph (3)), the Commissioner may have a travel operator or agent prescribed in Article 18-3, paragraph (3) report on its service.
(3)To the extent necessary to achieve the purpose of Article 1, the Commissioner of the Japan Tourism Agency may have their officials enter the business office or office of a travel operator, agent or travel service provider, or the office of a person registered under Article 12-11, paragraph (1) or Article 28, paragraph (5), or an association of travel agents, and inspect books and documents and other items, or ask questions to the persons concerned.
(4)If the Commissioner of the Consumer Affairs Agency finds it particularly necessary to do so in order to state opinions under Article 18-3, paragraph (3) (including as applied mutatis mutandis pursuant to Article 19, paragraph (3)), the Commissioner may have their officials enter the business office or office of a travel operator or agent prescribed in Article 18-3, paragraph (3), inspect books and documents and other items, or ask questions to the persons concerned.
(5)The official who conducts on-site inspection pursuant to the provisions of the preceding two paragraphs must carry identification and show it to the persons concerned upon request.
(6)The authority to conduct on-site inspection under paragraphs (3) and (4) must not be construed as being granted for criminal investigation.
(7)The Commissioner of the Consumer Affairs Agency must deliberate with the Commissioner of the Japan Tourism Agency in advance when they plan to have a report made pursuant to the provisions of paragraph (2) or to conduct on-site inspection pursuant to the provisions of paragraph (4).
(8)The procedures for reporting under paragraphs (1) and (2) and the forms of identification under paragraph (5) are prescribed by Order of the Ministry of Land, Infrastructure, Transport and Tourism or Cabinet Office Order.
(Publication of the Name and Other Matters of the Person Who Committed the Violation of Laws and Regulations)
Article 71Pursuant to the provision of Order of the Ministry of Land, Infrastructure, Transport and Tourism, if the Commissioner of the Japan Tourism Agency finds it necessary and appropriate to do so for the maintenance of fairness in transactions, assurance of travel safety, and promotion of convenience for travelers in connection with travel service or travel service provision operations, the Commissioner may publicize the names or trade names of the persons who have committed any acts in violation of this Act or orders under this Act (hereinafter in this Article referred to as "acts in violation of laws and regulations") and other matters necessary to prevent the occurrence or expansion of damage due to the violation of laws and regulations or to ensure the fairness of transactions.
(Provision of Materials to the Commissioner of the Consumer Affairs Agency)
Article 72When finding it necessary to do so in order to protect the legitimate interests of travelers, the Commissioner of the Consumer Affairs Agency may request the Commissioner of the Japan Tourism Agency to provide materials or explanations or ask for other necessary cooperation.
(Delegation to Order of the Ministry of Land, Infrastructure, Transport and Tourism)
Article 73Beyond what is provided for in this Act, matters necessary for the implementation of this Act are prescribed by Order of the Ministry of Land, Infrastructure, Transport and Tourism.
Chapter V Penal Provisions
Article 74Any person who falls under any of the following items is to be punished by imprisonment for not more than one year or a fine of not more than one million yen, or both:
(i)any person who has engaged in travel business in violation of the provisions of Article 3;
(ii)any person who has received a registration under Article 3, a registration for renewal of the validity period under Article 6-3, paragraph (1), or a registration of change under Article 6-4, paragraph (1) by wrongful means;
(iii)any person who has changed the range of services referred to in Article 4, paragraph (1), item (iii) in violation of Article 6-4, paragraph (1);
(iv)any person that has allowed another person to use its name, or has allowed another person to operate its travel business or travel agent business in violation of the provisions of Article 14;
(v)any person who has handled travel service for a travel operator other than their affiliated travel operator in violation of the provisions of Article 14-3, paragraph (1);
(vi)any person who has engaged in travel service provision business in violation of the provisions of Article 23;
(vii)any person who has received a registration under Article 23 by wrongful means; or
(viii)any person that has allowed another person to use its name or operate a travel service provision business in violation of the provisions of Article 32.
Article 75Any person who falls under any of the following items is to be punished by imprisonment for not more than one year or a fine of not more than 300,000 yen:
(i)a director or employee of a registered training institute prescribed in Article 12-11, paragraph (1) who has violated an order to suspend the itinerary management training services pursuant to Article 12-23;
(ii)a director or employee of a registered training institute prescribed in Article 28, paragraph (5) who has violated an order to suspend training services for certified travel service provision supervisors pursuant to Article 12-23 as applied mutatis mutandis pursuant to Article 29 following the deemed replacement of the terms; or
(iii)a person who has divulged any secret that they have learned in connection with their duties in violation of the provisions of Article 69, paragraph (7).
Article 76Any person that has violated an order to suspend service pursuant to Article 19, paragraph (1) or Article 37, paragraph (1) is to be punished by imprisonment for not more than six months or a fine of not more than 500,000 yen, or both.
Article 77Any person that has commenced a business in violation of the provisions of Article 7, paragraph (3) (including as applied mutatis mutandis pursuant to Article 9, paragraph (6)) or Article 11 is to be punished by a fine not exceeding one million yen.
Article 78Any person that has violated the provisions of Article 33 is to be punished by a fine of not more than 500,000 yen.
Article 79Any person that falls under any of the following items is to be punished by a fine of not more than 300,000 yen:
(i)any person that has failed to give notification under Article 6-4, paragraph (3) or Article 27, paragraph (1), or has given a false notification;
(ii)any person that fails to make a report as prescribed in Article 10 or makes a false report;
(iii)any person that has failed to appoint a certified travel supervisor in violation of Article 11-2, paragraph (1);
(iv)any person that has concluded a contract concerning travel service in violation of the provisions of Article 11-2, paragraph (2);
(v)any person that has violated an order under Article 11-2, paragraph (9), Article 18-3, paragraph (1), Article 28, paragraph (8), or Article 36;
(vi)any person that has failed to post fees in violation of Article 12, paragraph (1) or (3);
(vii)any person that has conducted an action required to be conducted with authorization pursuant to the provisions of Article 12-2, paragraph (1), without obtaining authorization;
(viii)any person that has failed to post or failed to keep the terms and conditions for travel business in violation of Article 12-2, paragraph (3);
(ix)any person that has failed to issue the document prescribed in Article 12-5 or has issued a document containing false statements or misrepresentations, in violation of Article 12-5;
(x)any person that has had a person perform duties as a sales representative in violation of Article 12-6, paragraph (1);
(xi)any person that has made an advertisement in violation of Article 12-7
(xii)any person that has made an advertisement in violation of Article 12-8
(xiii)any person that has failed to display signs or displayed signs other than the signs that should be displayed at their own business office, in violation of Article 12-9, paragraph (1);
(xiv)any person that has display signs in violation of Article 12-9, paragraph (2);
(xv)any person that has committed any of the acts listed in the items of Article 13, paragraph (1) in violation of that paragraph;
(xvi)any person that has conducted transactions without clearly indicating matters to be clearly indicated, in violation of Article 14-3, paragraph (2);
(xvii)any person that has failed to appoint a certified travel service provision supervisor, in violation of Article 28, paragraph (1);
(xviii)any person that has concluded a contract on travel service provision operations in violation of Article 28, paragraph (2);
(xix)any person that has failed to issue a document prescribed in Article 30 or has issued a document containing false statements or misrepresentations, in violation of the provisions of Article 30;
(xx)any person that has committed the acts prescribed in Article 31, paragraph (1), in violation of that paragraph;
(xxi)any person that has failed to make a report under Article 70, paragraph (1) or (2), or has made a false report; or
(xxii)any person that has refused, obstructed or evaded an inspection under Article 70, paragraph (3) or (4), or failed to make a statement or made a false statement in response to questions.
Article 80In any of the following cases, the directors or employees of the registered training institute prescribed in Article 12-11, paragraph (1) who have committed the violation are to be punished by a fine of not more than 300,000 yen:
(i)if they have discontinued all of the itinerary management training services without giving notification under Article 12-19;
(ii)if they have failed to keep books, failed to make entries in the books, made false entries in the books, or failed to preserve the books, in violation of Article 12-24;
(iii)if they have failed to make a report under Article 12-25 or made a false report; or
(iv)if they have refused, obstructed, or evaded an inspection under Article 12-26, paragraph (1).
Article 81In any of the following cases, a director or employee of a registered training institute prescribed in Article 28, paragraph (5) who has committed the violation is to be punished by a fine of not more than 300,000 yen:
(i)if they have discontinued all of the training services for certified travel service provision supervisors without giving notification under Article 12-19 as applied mutatis mutandis pursuant to Article 29 pursuant to Article 29 following the deemed replacement of the terms;
(ii)if they have failed to keep books, failed to make entries in the books, or made false entries in the books, or failed to preserve the books, in violation of Article 12-24 as applied mutatis mutandis pursuant to Article 29;
(iii)if they have failed to make a report or made a false report when requested to make a report under Article 12-25 as applied mutatis mutandis pursuant to Article 29; or
(iv)if they have refused, obstructed, or evaded an inspection under Article 12-26, paragraph (1) as applied mutatis mutandis pursuant to Article 29.
Article 82If a representative of a corporation or an agent, employee or other worker of a corporation or an individual has committed a violation of Article 74 or Articles 76 through 79 with regard to the business of the corporation or individual, in addition to the offender being subject to punishment, the corporation or individual is to be punished by the fine prescribed in the respective Articles.
Article 83Any person who falls under any of the following items is to be punished by a civil fine of not more than 200,000 yen:
(i)any person that has failed to keep financial statements and other prescribed documents, failed to state the matters to be stated in the financial statements and other prescribed documents, or made a false statement in violation of Article 12-20, paragraph (1) (including as applied mutatis mutandis pursuant to Article 29), or refused a request under the items of Article 12-20, paragraph (2) (including as applied mutatis mutandis pursuant to Article 29), without justifiable reason; or
(ii)any person that has failed to make a notification under Article 15, paragraphs (1) through (3) or the paragraphs of Article 35, or has made a false notification.
Supplementary Provisions [Extract]
(Date of Enforcement)
(1)The date of enforcement of this Act is to be specified by Cabinet Order within a period not exceeding ninety days from the day of promulgation.
Supplementary Provisions [Act No. 90 of May 1, 1956 Extract] [Extract]
(Date of Enforcement)
(1)This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding six months from the day of promulgation.
Supplementary Provisions [Act No. 38 of March 24, 1959]
This Act comes into effect as of the day on which 30 days have elapsed from the day of promulgation.
Supplementary Provisions [Act No. 161 of September 15, 1962 Extract] [Extract]
(1)This Act comes into effect as of October 1, 1962.
(2)Except as otherwise provided by the Supplementary Provisions, the provisions amended by this Act also apply to dispositions made by administrative agencies before the enforcement of this Act, inactions by administrative agencies related to applications filed before the enforcement of this Act, and other matters arising before the enforcement of this Act; provided, however, that this does not preclude the effect created by the provisions before the amendment by this Act.
(3)Even after the enforcement of this Act, prior laws continue to govern petitions, requests for examination, objections and other appeals (hereinafter referred to as "petitions and other prescribed actions") made before the enforcement of this Act. The same applies to petitions and other prescribed actions made in the case in which there is dissatisfaction with a determination, decision, or other disposition (hereinafter referred to as "determination or other disposition") that was rendered on a petition or other prescribed action before the enforcement of this Act or that will be made after the enforcement of this Act on a petition or other prescribed action made before the enforcement of this Act.
(4)The petitions and other prescribed actions referred to in the preceding paragraph which relate to a disposition against which an appeal may be filed pursuant to the Administrative Appeal Act after the enforcement of this Act are deemed to be appeals under the Administrative Appeal Act, with regard to the application of Acts other than that Act.
(5)No appeal under the Administrative Appeal Act may be entered against a determination or other disposition rendered pursuant to paragraph (3) after the enforcement of this Act regarding a request for examination, an objection, or other appeal.
(6)For dispositions of administrative agencies made before the enforcement of this Act for which petitions and other prescribed actions may be made pursuant to the provisions before the amendment by this Act and for which no time limit has been set, the period during which appeals under the Administrative Appeal Act may be entered is to be calculated from the date of enforcement of this Act.
(8)Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act.
(9)Beyond what is provided for in the preceding eight paragraphs, transitional measures necessary for the enforcement of this Act are to be prescribed by Cabinet Order.
(10)In the case in which this Act and the Act on Arrangement of Relevant Acts for Enforcement of the Administrative Case Litigation Act (Act No. 140 of 1962) contain provisions amending the same Act, the relevant Act is to be amended first by this Act and then by the Act on Arrangement of Relevant Acts for the Enforcement of the Administrative Case Litigation Act.
Supplementary Provisions [Act No. 78 of May 2, 1964 Extract] [Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of the day on which 30 days have elapsed from the day of promulgation.
(Transitional Provisions)
Article 2(1)Any person that has received registration to engage in general travel agent business or travel agent business for Japanese residents under Article 3 or Article 6-3, paragraph (1) of the Travel Agent Business Act before its amendment (hereinafter referred to as the "Former Act") is deemed to have received registration to engage in general travel agent business or travel agent business for Japanese residents under the amended Travel Agent Business Act (hereinafter referred to as the "New Act").
(2)Notwithstanding the provisions of Article 6-2 of the New Act, the validity period of the registration of a person that is deemed to have received registration to engage in general travel agent business or travel agent business for Japanese residents pursuant to the provisions of the preceding paragraph is to be the validity period under Article 6-2 of the New Act minus the period beginning from the date on which the person received the registration under Article 3 or Article 6-3, paragraph (1) of the Former Act and ending at the date on which the New Act comes into effect.
Article 3With regard to the application of the provisions of Article 6-3, paragraph (1) of the New Act, the registration to engage in general travel agent business or travel agent business for Japanese residents under Article 3 or Article 6-3, paragraph (1) of the Former Act (limited to registration for which the validity period expires on the day preceding the date of enforcement of this Act) is deemed to be a registration under Article 3 or Article 6-3, paragraph (1) of the New Act.
Article 5(1)A person that is deemed to have received registration to engage in general travel agent business or travel agent business for Japanese residents pursuant to the provisions of Article 2, paragraph (1) of the Supplementary Provisions or that is deemed to have received registration to engage in general travel agent business or travel agent business for Japanese residents pursuant to the provisions of Article 6-3, paragraph (1) of the New Act as of the date of enforcement of this Act must deposit a surety bond under Article 7, paragraph (1) of the New Act and submit a notification to that effect to the Minister of Transport, together with a copy of a deposit certificate stating the acceptance of the deposited articles, within three months from the date of enforcement of this Act.
(2)The surety bond deposited by a person that is deemed to have received registration to engage in a general travel agent business or travel agent business for Japanese residents pursuant to Article 2, paragraph (1) of the Supplementary Provisions at the time of the enforcement of this Act is deemed to be a part of the surety bond under Article 7, paragraph (1) of the New Act with regard to the business for which the person is deemed to be so registered.
(3)The surety bond that has been deposited as of the date before the date of enforcement by a person that has received registration to engage in a general travel agent business or travel agent business for Japanese residents under Article 6-3, paragraph (1) of the New Act as of the date of enforcement of this Act is deemed to be a part of the surety bond deposited under Article 7, paragraph (1) of the New Act with regard to the business for which the person is so registered.
(4)The provisions of Article 7, paragraphs (4) and (5) and Article 24 of the New Act apply mutatis mutandis to the deposit of a surety bond under paragraph (1) and its notification. In this case, the phrase "within 14 days from the date of notification of registration in the case of registration of travel agent business" in Article 7, paragraph (4) of the New Act is deemed to be replaced with "within 3 months from the date of enforcement of the Act Partially Amending the Travel Agent Business Act (Act No. 78 of 1964)".
Article 6Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act.
Supplementary Provisions [Act No. 36 of June 12, 1967 Extract] [Extract]
(1)This Act comes into effect from the date of enforcement of the Registration and License Tax Act
(3)If a person that has submitted an application for registration to a registration office during the period from the date of promulgation of the Registration and License Tax Act to July 31, 1967 obtains the registration related to the application after the relevant date, or a person that has submitted an application for registration to a registration office before the date of promulgation of the Act obtains the registration related to the application on or after January 1, 1968, and if the person in question has paid the fee for the registration at the time of application for the registration, the amount of the fee paid is deemed to have been paid as part of the amount of registration and license tax payable pursuant to the provisions of the Registration and License Tax Act.
Supplementary Provisions [Act No. 59 of May 10, 1971 Extract] [Extract]
(Date of enforcement)
Article 1This Act comes into effect as of the day on which six months have elapsed from the day of promulgation.
(Transitional Measures)
Article 2(1)Any person that has received registration to engage in general travel agent business or travel agent business for Japanese residents under Article 3 or Article 6-3, paragraph (1) of the Travel Agent Business Act before its amendment (hereinafter referred to as the "Former Act") is deemed to have received registration to engage in general or domestic travel business under the amended Travel Agency Act (hereinafter referred to as the "New Act").
(2)With regard to the application of Article 6-2 of the New Act to a person that is deemed to have received registration to engage in general or domestic travel business pursuant to the preceding paragraph, the date on which the person was registered pursuant to Article 3 or Article 6-3, paragraph (1) of the Former Act is deemed to be the date of registration under Article 6-2 of the New Act.
(3)The travel agent register under the Former Act is deemed to be the travel operator register under the New Act.
Article 6The provision of Article 18-2 of the New Act apply mutatis mutandis to the case in which a person who is deemed to have received registration to engage in general or domestic travel business pursuant to Article 2, paragraph (1) of the Supplementary Provisions has deposited a surety bond at the time of enforcement of this Act and the depositary at which the person has deposited the surety bond is different from the depositary that is nearest to its principal place of business. In this case, the phrase "the nearest depositary has changed because the principal business office of the travel operator has been relocated, without delay" in Article 18-2, paragraphs (1) and (2) of the New Act is deemed to be replaced with "the relevant place of deposit is not the depositary nearest to the principal business office of the travel operator, within six months from the date of enforcement of this Act", and the term "the nearest depositary after the relocation" in Article 18-2, paragraphs (1) and (2) of the New Ac is deemed to be replaced with "the depositary nearest to the principal business office", and the phrase "the depositary nearest to the principal business office before the relocation" in paragraph (2) of that Article is deemed to be replaced with "the former depositary".
Article 8Any dispositions, procedures or other acts committed before the enforcement of this Act pursuant to the provisions of the Former Act and orders issued under it are deemed to be dispositions, procedures or other acts committed under the corresponding provisions of the New Act and orders issued under it.
Article 9Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act and acts committed after the enforcement of this Act related to terms and conditions for travel business which prior laws continue to govern pursuant to Article 5 of the Supplementary Provisions.
Supplementary Provisions [Act No. 33 of April 23, 1982]
(Date of Enforcement)
Article 1This Act comes into effect as of the date specified a Cabinet Order within a period not exceeding one year from the day of promulgation.
(Transitional Measures)
Article 2(1)Any person who has been registered pursuant to Article 3 or Article 6-3, paragraph (1) of the Travel Agency Act before its amendment (hereinafter referred to as the "Former Act") at the time of the enforcement of this Act is deemed to have been registered pursuant to Article 3 or Article 6-3, paragraph (1) of the amended Travel Agency Act (hereinafter referred to as the "New Act").
(2)With regard to the application of Article 6-2 of the New Act to a person who has been deemed to be registered under the New Act pursuant to the preceding paragraph and is a general or domestic travel operator, the date on which the person was registered under the Former Act is deemed to be the date of registration prescribed in that Article.
Article 3Prior laws continue to govern the registration related to an application that has actually been filed pursuant to Article 4, paragraph (1) or Article 6-3, paragraph (1) of the Former Act at the time of the enforcement of this Act.
Article 4(1)Until the day on which three months have passed from the date of enforcement of the New Act (hereinafter referred to as the "date of enforcement") (concerning persons who are applying for registration pursuant to the provisions of Article 6-3, paragraph (1) of the Former Act at the time of enforcement of the New Act, until the day on which three months have passed from the date that the person received the notice under Article 5, paragraph (2) of the Former Act as applied mutatis mutandis pursuant to Article 5, paragraph (2) of the New Act, or until the day the person has received the notice under Article 6, paragraph (2) of the Former Act as applied mutatis mutandis to Article 6-3, paragraph 2 of the Former Act), a general or domestic travel operator that is deemed to have received registration under the New Act pursuant to Article 2, paragraph (1) of the Supplementary Provisions may conduct organized tours, even without making the notification under Article 6-4 of the New Act.
(2)If a person that has applied for registration to engage in general or domestic travel business pursuant to Article 4, paragraph (1) of the Former Act at the time of the enforcement of this Act has received a notice under Article 5, paragraph (2) of the Former Act, the person may conduct organized tours without making a notification under Article 6-4, until the day on which three months have elapsed from the day on which it received the notice.
(3)In the case of the preceding two paragraphs, the provisions of Article 8 and Article 22-10, paragraph (2) of the New Act do not apply.
Article 5(1)A person that has obtained certification under Article 11-3, paragraph (4) item (i), (b) or Article 11-3, paragraph (4), item (ii), (b) of the Former Act before the enforcement of this Act is deemed to be a person that has passed the examination for a chief domestic certified travel supervisor prescribed in Article 11-3, paragraph (5) of the New Act or the examination for a chief general certified travel supervisor prescribed in that paragraph, respectively, with regard to the application of the provisions of that paragraph.
(2)Until the day on which one year has elapsed from the effective date, prior laws continue to govern the case in which a person that has been appointed as a chief certified travel supervisor pursuant to Article 11-3, paragraph (1) of the Former Act at the time of the enforcement of this Act and performs duties as a chief certified travel supervisor at the business office where the person has been appointed.
Article 6(1)Regarding the training courses conducted by an association of travel agents pursuant to Article 22-7 of the Former Act, if a person has completed a course which has been designated by the Minister of Transport as equivalent to a training course on itinerary management services conducted by a person designated under Article 12-11, paragraph (1) of the New Act, the person is deemed to have completed the training course prescribed in that paragraph.
(2)Until the day on which two years have elapsed from the effective date, with regard to the application of Article 12-11, paragraph (1) of the New Act, the phrase "a person who has completed a training course on itinerary management services conducted by a person designated by the Minister of Transport, or a person who has qualifications specified by Order of the Ministry of Transport and has practical experience in itinerary management services specified by Order of the Ministry of Transport in consideration of the destination of travel" is deemed to be replaced with "a person who has practical experience in itinerary management services specified by Order of the Ministry of Transport".
Article 7An order issued by the Minister of Transportation pursuant to the provisions of Article 12, paragraph (2) or Article 12-2, paragraph (3) of the Former Act or an order or disposition made by the Minister of Transportation pursuant to the provisions of Article 19, paragraph (1) of the Former Act before the enforcement of this Act is deemed to be an order or disposition made by the Minister of Transportation pursuant to the provisions of Article 18-3 or Article 19, paragraph (1) of the New Act.
Article 8Prior laws continue to govern an order to suspend business or a disposition to revoke registration due to the grounds listed in the items of Article 19, paragraph (1) of the Former Act which have arisen before the enforcement of this Act with respect to a person who is deemed to have received registration under the New Act pursuant to Article 2, paragraph (1) of the Supplementary Provisions.
Article 9Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act.
Article 10Beyond what is provided for in Article 2 through the preceding Article of the Supplementary Provisions, transitional measures necessary for the enforcement of this Act (including transitional measures concerning penal provisions) may be specified by Cabinet Order.
Supplementary Provisions [Act No. 93 of December 4, 1986 Extract] [Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of April 1, 1987.
(Delegation to Cabinet Order)
Article 42Beyond what is provided for in Article 2 through the preceding Article of the Supplementary Provisions, matters necessary for the enforcement of this Act is to be specified by Cabinet Order.
Supplementary Provisions [Act No. 89 of November 12, 1993 Extract] [Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of the date of enforcement of the Administrative Procedure Act (Act No. 88 of 1993).
(Transitional Measures Concerning Adverse Dispositions Following Consultation)
Article 2If a consultation or other request has been made pursuant to laws and regulations to a council or other panel before the enforcement of this Act regarding whether to take procedures equivalent to the procedures for a hearing or for granting an opportunity for explanation or other procedures for statement of opinions as prescribed in Article 13 of the Administrative Procedure Act, prior laws continue to govern any adverse disposition related to the consultation or request, even after the amendment by this Act.
(Transitional Measures Concerning Penal Provisions)
Article 13Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act.
(Transitional Measures upon Arrangement of Provisions Concerning Hearings)
Article 14Hearings, briefings or hearing meetings (excluding those related to adverse dispositions) conducted pursuant to the provisions of Acts before the enforcement of this Act or procedures for these hearings are deemed to have been conducted pursuant to the corresponding provisions of the relevant Acts amended by this Act.
(Delegation to Cabinet Order)
Article 15Beyond what is provided for in Article 2 through the preceding Article of the Supplementary Provisions, transitional measures necessary for the enforcement of this Act are to be specified by Cabinet Order.
Supplementary Provisions [Act No. 97 of November 11, 1994 Extract] [Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of the day of promulgation; provided, however, that the provisions listed in the following items come into effect as of the dates prescribed in the respective items:
(i) to (iii)Omitted
(iv)the provisions of Articles 27 through 30 and Articles 32 through 35, and the provisions of Articles 12 through 19, Article 24, and Article 25 of the Supplementary Provisions: the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation
(Transitional Measures upon Partial Amendment of the Travel Agency Act)
Article 13Prior laws continue to govern the notification in the case in which a corporation that is a travel operator has been dissolved for reasons other than merger before the enforcement of Article 28, and the revocation of the registration of the travel business related to the notification.
(Transitional Measures Concerning Penal Provisions)
Article 20Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act (or the respective provisions listed in the items of Article 1 of the Supplementary Provisions) or the enforcement of the provisions of Article 1, Article 4, Article 8, Article 9, Article 13, Article 27, Article 28 and Article 38 in the case which prior laws continue to govern pursuant to the provisions of Article 2, Article 4, Article 7, paragraph (2), Article 8, Article 11, Article 12, paragraph (2), Article 13 and Article 15, paragraph (4) of the Supplementary Provisions.
(Delegation to Cabinet Order)
Article 21Beyond what is provided for in Article 2 through the preceding Article of the Supplementary Provisions, transitional measures necessary for the enforcement of this Act (including transitional measures concerning penal provisions) are to be specified by Cabinet Order.
Supplementary Provisions [Act No. 84 of May 8, 1995 Extract] [Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of the date specified by a Cabinet Order within a period not exceeding one year from the day of promulgation.
(Transitional Measures)
Article 2(1)Pursuant to Ministry of Transport Order, a person that has received registration to engage in general or domestic travel business under Article 3 or Article 6-3, paragraph (1) of the Travel Agency Act before its amendment by this Act (hereinafter referred to as the "Former Act") is deemed to have received registration to engage in travel business under Article 3 or Article 6-3, paragraph (1) of the Travel Agency Act amended by this Act (hereinafter referred to as the "New Act").
(2)Any person that has received registration to engage in travel agency business under Article 3 of the Former Act at the time of the enforcement of this Act is deemed to have received registration to engage in travel agent business under Article 3 of the New Act.
(3)With regard to the application of the provisions of Article 6-2 of the New Act (including as applied mutatis mutandis pursuant to Article 6-3, paragraph (2) of the New Act; hereinafter the same applies in this paragraph) concerning a person that is deemed to have received registration to engage in travel business under the provisions of the New Act pursuant to the provisions of paragraph (1) (referred to in Article 5 of the Supplementary Provisions as a "former general or domestic travel operator"), the date on which the person was registered pursuant to Article 3 or Article 6-3, paragraph (1) of the Former Act is deemed to be the date of registration prescribed in Article 6-2 of the New Act.
(4)The travel operator register under the provisions of the Former Act is deemed to be the travel operator register under Article 5, paragraph (1) of the New Act concerning the registration of general or domestic travel business under the provisions of the Former Act, and is deemed to be the travel agent register under that paragraph concerning the registration of travel agency business under the provisions of the Former Act.
Article 3An application for registration under Article 4, paragraph (1) of the Former Act or an application for registration of renewal of the validity period under Article 6-3, paragraph (1) of the Former Act which has actually been filed at the time of the enforcement of this Act and which is specified by Order of the Ministry of Transport is deemed to be an application for registration under Article 4, paragraph (1) of the New Act or for registration of change under Article 6-4, paragraph (1) of the New Act, or an application for renewal of the validity period under Article 6-3, paragraph (1) of the New Act, pursuant to Order of the Ministry of Transport.
Article 4Prior laws continue to govern the notification related to a change in the matters listed in Article 4, paragraph (1), item (vi) of the Former Act before the enforcement of this Act.
Article 5(1)With regard to the application of the provision of Article 9, paragraph (2) of the New Act to the surety bond to be deposited by a former general or domestic travel operator due to the enforcement of the provision of Article 8, paragraph (1) of the New Act, the phrase "within one hundred days from the day following the end of each fiscal year" in that paragraph is deemed to be replaced with "within one hundred days from the date of enforcement of the Act Partially Amending the Travel Agency Act (Act No. 84 of 1995)".
(2)With regard to the application of the provisions of Article 10 of the New Act to the report of the amount of transactions with travelers concerning travel service by former general or domestic travel operators in the fiscal year preceding the fiscal year that includes the date of enforcement of this Act, the phrase "within one hundred days from the end of each fiscal year" in that Article is deemed to be replaced with "within one hundred days from the date of enforcement of the Act Partially Amending the Travel Agency Act (Act No. 84 of 1995)".
Article 6(1)Prior laws continue to govern the depositing of a surety bond, the notification of that depositing, commencement of business, demand, revocation of registration, or expiration of registration regarding the case in which there are grounds that require a person to deposit a surety bond prescribed in Article 7, paragraph (1), Article 8, paragraph (1), Article 11, paragraph (2), Article 18, paragraph (1), or Article 22-15, paragraph (3) of the Former Act before the enforcement of this Act.
(2)Prior laws continue to govern the recovery of the surety bond in the case in which there are grounds that enable a person to recover the surety bond prescribed in Article 10, paragraph (1), Article 11, paragraph (4), Article 21, paragraph (1), or Article 22-15, paragraph (1) of the Former Act have occurred before the enforcement of this Act.
Article 7Prior laws continue to govern the refund of a surety bond related to a claim filed pursuant to Article 17 of the Former Act before the enforcement of this Act.
Article 8With regard to the application of the provisions of Article 22-10, paragraph (2) of the New Act to a travel operator which is a guarantee member at the time of the enforcement of this Act in the case in which the amount of the share of the compensation security bonds deposit for the travel operator will increase due to the enforcement of Article 8, paragraph (1) of the New Act, the term "within 100 days from the day following the date of the end of the fiscal year if the amount of its share of the compensation security bonds deposit is increased after the end of each fiscal year" in Article 22-10, paragraph (2) of the New Act is deemed to be replaced with "within 100 days from the date of enforcement of the Act Partially Amending the Travel Agency Act (Act No. 84 of 1995)".
Article 9(1)Prior laws continue to govern the payment of the share of the compensation security bonds deposit under Article 22-10, paragraph (2) of the Former Act and the forfeiture of the status of a member of an association of travel agents in the case in which there are grounds that require a person to pay the share of the compensation security bonds deposit under that paragraph before the enforcement of this Act.
(2)Prior laws continue to govern the payment of the refund appropriation or the forfeiture of the status as a member of the association of travel agents concerning a present or former guarantee member related to the refund in the case in which a refund from the compensation security bonds deposit has been paid pursuant to Article 22-9, paragraph (1) of the Former Act before the enforcement of this Act.
(3)Prior laws continue to govern the recovery of the compensation security bonds deposit under Article 22-12, paragraph (1) of the Former Act in the case in which there are grounds that enable a person to recover the compensation security bonds deposit under that paragraph before the enforcement of this Act.
Article 10A person who has the qualification specified by Order of the Ministry of Transport as prescribed in Article 12-11, paragraph (1) of the Former Act at the time of enforcement of this Act is deemed to have completed the training course prescribed in Article 12-11, paragraph (1) of the New Act.
Article 11Dispositions, procedures and other acts conducted pursuant to the provisions of the Former Act and orders based under it are deemed to be dispositions, procedures and other acts conducted pursuant to the corresponding provisions of the New Act and orders based under it, except those prescribed in Articles 2 through 4 of the Supplementary Provisions.
(Transitional Measures for Penal Provisions)
Article 12Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act and acts committed after the enforcement of this Act in the cases prior laws continue to govern pursuant to the provisions of Article 4 and Article 6, paragraph (1) of the Supplementary Provisions.
(Delegation to Cabinet Order)
Article 13Beyond what is provided for in Article 2 through the preceding Article of the Supplementary Provisions, transitional measures necessary for the enforcement of this Act (including transitional measures concerning penal provisions) are to be specified by Cabinet Order.
Supplementary Provisions [Act No. 105 of November 21, 1997 Extract] [Extract]
(Date of enforcement)
(1)This Act comes into effect as of the day of promulgation; provided, however, that the provisions listed in the following items come into effect as of the dates prescribed in the respective items:
(i)the provisions of Articles 15 and 16 and the provisions of paragraphs (7) and (8) of the Supplementary Provisions: the day on which one month has elapsed from the date of promulgation.
(Transitional Measures upon Partial Amendment of the Travel Agency Act)
(7)The provisions of Article 6-2 of the Travel Agency Act as amended by Article 15 (including as applied mutatis mutandis pursuant to Article 6-3, paragraph (2) of that Act) apply from the registration of travel business under Article 3 after the provisions of Article 15 come into effect and from the registration of renewal of the validity period under Article 6-3, paragraph (1) (excluding the provisions related to the registration of travel business under Article 3 of that Act for which the prior validity period has expired before the provisions of Article 15 come into effect).
Supplementary Provisions [Act No. 87 of July 16, 1999 Extract] [Extract]
(Date of enforcement)
Article 1This Act come into effect as of April 1, 2000; provided, however, that the provisions listed in the following items come into effect as of the date prescribed in each relevant item:
(i)the provisions in Article 1 to amend Article 250 of the Local Autonomy Act by adding five articles, section titles, two subsections, and subsection titles (limited to the part related to Article 250-9, paragraph (1) of that Act (limited to the part related to obtaining the consent of both Houses)), the provisions in Article 40 to amend paragraphs (9) and (10) of the Supplementary Provisions of the Natural Park Act (limited to the part related to paragraph (10) of the Supplementary Provisions of that Act), the provisions of Article 244 (excluding the part related to the provisions amending Article 14-3 of the Agricultural Improvement and Promotion Act), and the provisions of Article 472 (excluding the part related to the provisions amending Article 6, Article 8, and Article 17 of the Act on Special Provisions for Municipal Merger), and the provisions of Article 7, Article 10, Article 12, the proviso to Article 59, Article 60, paragraphs (4) and (5), Article 73, Article 77, Article 157, paragraphs (4) through (6), Article 160, Article 163, Article 164, and Article 202 of the Supplementary Provisions: the day of promulgation.
(Transitional Measures upon Partial Amendment of the Travel Agency Act)
Article 113Among the persons who have received registration under Article 3 of the Travel Agency Act before its amendment before Article 362 before the enforcement date of this Act, if a person has filed a registration of change under Article 6-4, paragraph (1) of the Travel Agency Act amended by Article 362 (hereinafter referred to in this Article as the "New Travel Agency Act") after the enforcement date of this Act, and has been required to pay the registration and license tax specified by the Registration and License Tax Act (Act No. 35 of 1967) pursuant to the provisions of Article 22, paragraph (1) of the New Travel Agency Act, notwithstanding the provisions of that paragraph, within a period extending until the day on which five years have elapsed from the effective date, the person is to pay a fee in the amount specified by a Cabinet Order in consideration of actual costs.
(Affairs of the State or Administrative Entities)
Article 159Beyond what is provided for in the respective laws before their amendments by this Act, if a local government administers and conducts affairs of the State, another local government, or any other public entity (referred to as "affairs of the State or an administrative entity" in Article 161 of the Supplementary Provisions) pursuant to an Act or Cabinet Order based on it before this Act comes into effect, those affairs are to be handled by the local government as their affairs pursuant to an Act or Cabinet Order on it after the enforcement of this Act.
(Transitional Measures Concerning Dispositions, Applications, etc.)
Article 160(1)For the licenses and other dispositions and acts (referred to as "dispositions and other acts" in this Article) under the provisions of the respective laws before their amendment that have been made before the enforcement of this Act (concerning the provisions of the items of Article 1 of the Supplementary Provisions, the relevant provisions; the same applies in this Article and in Article 163 of the Supplementary Provisions) or the applications for licenses and other acts (referred to as "applications and other acts" in this Article) under the provisions of the respective laws before their amendment that have been made at the time of the enforcement of this Act, if the administrative affairs related to the acts are to be conducted by different persons on the date of enforcement of this Act, except for the matters prescribed in the provisions from Article 2 through the previous Article of the Supplementary Provisions or the matters prescribed in the provisions of the transitional measures related to the respective amended laws (including orders based on them), concerning the application of the respective amended laws after the enforcement date of this Act, the dispositions and other acts and the applications and other acts are to be deemed to have been conducted pursuant to the corresponding provisions of the respective amended laws.
(2)With respect to matters that must be reported, notified, submitted or otherwise processed to the national government or local governments before the enforcement of this Act pursuant to the provisions of respective laws before their amendment, and for which those procedures have not been completed before the date of enforcement of this Act, except as otherwise provided by this Act or Cabinet Order based on it, reports, notification, submission, and other procedures required to be made to the appropriate organs of the State or local public entities pursuant to the corresponding provisions of the respective amended laws are deemed not to have been made, and the provisions of the respective laws amended by this Act apply.
(Transitional Measures Regarding Appeals)
Article 161(1)With regard to dispositions related to the affairs of the State or administrative entities which were made before the effective date, when the administrative agency that made the disposition (hereinafter referred to as the "administrative agency that made the disposition" in this Article) had a higher administrative authority prescribed in the Administrative Appeal Act (hereinafter referred to as the "higher administrative authority" in this Article) before the effective date, concerning appeals made under the Administrative Appeal Act, even after the effective date, the administrative agency that made the disposition is deemed to continue to have a higher administrative authority, and the provisions of the Administrative Appeal Act apply. In this case, the administrative authority that is deemed to be the higher administrative authority of the administrative agency that made the disposition is to be the administrative authority that was the higher administrative authority of the administrative agency that made the disposition before the effective date.
(2)In the case of the preceding paragraph, if the administrative authority deemed to be the higher administrative authority is an organ of a local public entity, the affairs to be handled by the organ pursuant to the provisions of the Administrative Appeal Act are to be Item (i) statutory entrusted affairs prescribed in Article 2, paragraph (9), item (i) of the new Local Autonomy Act.
(Transitional Measures Concerning Fees)
Article 162Except as otherwise provided by this Act or Cabinet Order based on it, prior laws continue to govern fees that should have been paid before the effective date pursuant to the provisions of respective laws before their amendment by this Act (including orders based on those laws).
(Transitional Measures Concerning Penal Provisions)
Article 163Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 164Beyond what is provided for in these Supplementary Provisions, transitional measures necessary for the enforcement of this Act (including transitional measures concerning penal provisions) are to be specified by Cabinet Order.
(Examination)
Article 250As far as possible, Item (i) Statutory Entrusted Affairs prescribed in Article 2, paragraph (9), item (i) of the new Local Autonomy Act are not to be newly established, and those listed in Appended Table 1 of the new Local Autonomy Act and those indicated in Cabinet Order under the new Local Autonomy Act are to be examined from the perspective of promoting decentralization, and reviewed as appropriate.
Article 251In order to enable local governments to execute their affairs and services independently and self-reliantly, the national government is to review the means to secure adequate local tax revenue sources in accordance with the division of roles between the national government and local governments, taking into consideration the trends in the economic situation, and is to take necessary measures based on the results of the review.
Supplementary Provisions [Act No. 151 of December 8, 1999 Extract] [Extract]
(Date of Enforcement)
Article 1This Act comes into effect as from April 1, 2000.
(Transitional Measures)
Article 3Except the following amended provisions, prior laws continue to govern the application of the provisions amended by this Act to persons with legal limited capacity and their curators that prior laws continue to govern pursuant to the provisions of Article 3, paragraph (3) of the Supplementary Provisions of the Act Partially Amending the Civil Code (Act No. 149 of 1999).
(i) to (xxv)Omitted
Article 4Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act.
Supplementary Provisions [Act No. 160 of December 22, 1999 Extract] [Extract]
(Date of Enforcement)
Article 1This Act (excluding Article 2 and Article 3) comes into effect as of January 6, 2001; provided, however, that the provisions listed in the following items come into effect as of the dates prescribed in the respective items:
(i)the provisions of Article 995 (limited to the part related to the amending provisions of the Supplementary Provisions of the Act Partially Amending the Act on Regulation of Nuclear Source Materials, Nuclear Fuel Materials and Reactors), Article 1305, Article 1306, Article 1324, paragraph (2), Article 1326, paragraph (2), and Article 1344: the day of promulgation.
Supplementary Provisions [Act No. 91 of May 31, 2000 Extract] [Extract]
(Date of enforcement)
(1)This Act comes into force as from the date of enforcement of the Act Partially Amending the Commercial Code and Related Acts (Act No. 90 of 2000).
Supplementary Provisions [Act No. 126 of November 27, 2000 Extract] [Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of the date specified by a Cabinet Order within a period not exceeding five months from the day of promulgation.
(Transitional Measures Concerning Penal Provisions)
Article 2Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act.
Supplementary Provisions [Act No. 65 of June 12, 2002 Extract] [Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of January 6, 2003.
(Transitional Measures Concerning Application of Penal Provisions)
Article 84Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act (or in the case of provisions listed in the items of Article 1 of the Supplementary Provisions, the relevant provisions; hereinafter the same applies in this Article) and acts committed after the enforcement of this Act in cases which prior laws continue to govern pursuant to the Supplementary Provisions.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 85Beyond what is provided for in these Supplementary Provisions, any necessary transitional measure for the enforcement of this Act is to be specified by Cabinet Order.
Supplementary Provisions [Act No. 72 of June 2, 2004 Extract] [Extract]
(Date of enforcement)
Article 1This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding one year from the day of promulgation.
(Transitional Measures)
Article 2(1)A person who has passed the examination for a chief certified travel supervisor under Article 11-3, paragraph (1) of the Travel Agency Act before its amendment by this Act (hereinafter referred to as the "Former Act") is deemed to have passed the certified travel supervisor examination under Article 11-3, paragraph (1) of the Travel Agency Act amended by this Act (hereinafter referred to as the "New Act").
(2)A certificate of a chief certified travel supervisor prescribed in Article 12-5-2 of the Former Act is deemed to be a certificate of a certified travel supervisor prescribed in Article 12-5-2 of the New Act.
Article 3Notwithstanding the provision of Article 12-10 of the New Act, a travel operator or agent is not be required to perform itinerary management services prescribed in Article 12-11, paragraph (1) of the New Act with regard to a contract that they have concluded with a traveler for travel service before the enforcement of this Act, other than an organized tour contract prescribed in Article 2, paragraph (5) of the Former Act.
Article 4(1)A person that intends to receive registration under Article 12-11, paragraph (1) of the New Act may file an application for the registration even before the enforcement of this Act. The same applies to the notification of training service rules under Article 12-18, paragraph (1) of the New Act.
(2)A person that has received designation under Article 12-11, paragraph (1) of the Former Act at the time of enforcement of this Act is deemed to have received registration under Article 12-11, paragraph (1) of the New Act until the day on which six months have elapsed from the date of enforcement of this Act.
(3)Training that a person designated under Article 12-11, paragraph (1) of the Former Act has conducted before the enforcement of this Act pursuant to the provisions of that paragraph is deemed to be training that a person registered under Article 12-11, paragraph (1) of the New Act has conducted pursuant to the provisions of that paragraph.
Article 5Prior laws continue to govern the refund from the surety bond related to a claim filed pursuant to Article 17, paragraph (1) of the Former Act before the enforcement of this Act or the refund from the compensation security bonds deposit related to a claim filed pursuant to Article 22-9, paragraph (1) of the Former Act for a request for certification by an association of travel agents pursuant to paragraph (3) of that Article.
(Transitional Measures Concerning Effect of Dispositions, Procedures, etc.)
Article 6Beyond what is provided for in Article 2 through the preceding Article of the Supplementary Provisions, any dispositions, procedures, or other acts conducted pursuant to the provisions of the Former Act (including orders based on it) before the enforcement of this Act for which there are corresponding provisions in the New Act (including orders based on it) are deemed be conducted pursuant to those corresponding provisions in the New Act.
(Transitional Measures Concerning Application of Penal Provisions)
Article 7Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 8Beyond what is provided for in Article 2 through the preceding Article of the Supplementary Provisions, any necessary transitional measures for the enforcement of this Act are to be specified by Cabinet Order.
Supplementary Provisions [Act No. 88 of June 9, 2004 Extract] [Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding five years from the day of promulgation (hereinafter referred to as the "date of enforcement").
(Transitional Measures Concerning Application of Penal Provisions)
Article 135Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act (with regard to the provisions prescribed in the proviso of Article 1 of the Supplementary Provisions, the relevant provisions; hereinafter the same apply in this Article) and acts committed after the enforcement of this Act in the cases which prior laws continue to govern pursuant to the Supplementary Provisions.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 136Beyond what is provided for in these Supplementary Provisions, any necessary transitional measure for the enforcement of this Act is to be specified by Cabinet Order.
Supplementary Provisions [Act No. 147 of December 1, 2004 Extract] [Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding six months from the day of promulgation.
Supplementary Provisions [Act No. 165 of December 10, 2004 Extract] [Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of the date specified by a Cabinet Order within a period not exceeding six months from the day of promulgation; provided, however, that the provisions of Article 4 and Article 5 of the Supplementary Provisions come into effect as of the day of promulgation.
Supplementary Provisions [Act No. 87 of July 26, 2005 Extract] [Extract]
(1) This Act comes into effect as of the date of enforcement of the Companies Act: provided, however, that the provisions listed in the following items come into effect as of the date specified in the respective items.
(i)provisions of Article 242: the day of promulgation of this Act.
Supplementary Provisions [Act No. 102 of October 21, 2005 Extract] [Extract]
(Date of Enforcement)
Article 1This Act comes into force as from the date of enforcement of the Postal Privatization Act; provided, however, that the provisions in Article 62 for amending the title of Article 84-5 of the Act on Special Measures Concerning Taxation and for adding one paragraph to that Article, the provisions in Article 124 that amend Article 1, item (ii) of the Supplementary Provisions of the Act on the Establishment of the Relevant Acts for the Development of the Securities Market through Reform, and that change Articles 85 of the Supplementary Provisions of that Act into Article 86, move Articles 82 through 84 of the Supplementary Provisions of that Act down by one Article, and add one Article following Article 81 of the Supplementary Provisions of that Act, and the provisions of Articles 30, 31, and 34, Article 60, paragraph (12), Article 66, paragraph (1), Article 67, and Article 93, paragraph (2) of the Supplementary Provisions come into effect as of the day of enforcement of the provisions listed in Article 1, item (i) of the Supplementary Provisions of the Act on Privatization of the Postal Services.
Supplementary Provisions [Act No. 50 of June 2, 2006 Extract] [Extract]
(1) This Act comes into effect as of the date of enforcement of the General Incorporated Associations/Foundations Act.
Supplementary Provisions [Act No. 26 of May 2, 2008 Extract] [Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of October 1, 2008.
Supplementary Provisions [Act No. 49 of June 5, 2009 Extract] [Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of the date of enforcement of the Act on Establishment of Consumer Affairs Agency and Consumer Commission (Act No. 48 of 2009); provided, however, that the provisions listed in the following items come into effect as of the dates prescribed in the respective items:
(i)provisions of Article 9 of the Supplementary Provisions: the day of promulgation of this Act.
(Transitional Measures Concerning Dispositions)
Article 4(1)Unless otherwise provided by laws and regulations, license, permission, approval, recognition, designation, and other dispositions, or notice and other acts which have been made pursuant to the provisions of respective laws before the amendment by this Act (including orders based on it; hereinafter referred to as the "Former Act") before the enforcement of this Act are to be deemed to have been made pursuant to the respective laws amended by this Act (including orders based on it) after the enforcement of this Act (hereinafter referred to as the "New Act").
(2)Unless otherwise provided for by laws and regulations, application for license, notification, and other acts that have been filed pursuant to the provisions of the Former Act before the enforcement of this Act are deemed to have been filed pursuant to the corresponding provisions of the New Act after the enforcement of this Act.
(3)Unless otherwise provided by laws and regulations, with regard to matters for which reports, notification, submissions or other procedures must be made pursuant to the provisions of the Former Act before the enforcement of this Act and for which the procedures have not been taken before the effective date of this Act, the procedures are deemed not to have been taken pursuant to the corresponding provisions of the New Act, and the provisions of the New Act apply.
(Transitional Measures Concerning Effect of Order)
Article 5Unless otherwise provided by laws and regulations, after the enforcement of this Act, Cabinet Office Order under Article 7, paragraph (3) of the Act on Establishment of the Cabinet Office and Ministerial Order under Article 12, paragraph (1) of the National Government Organization Act that have been issued pursuant to the provisions of the Former Act is deemed to be equivalent Cabinet Office Order under Article 7, paragraph (3) of the Act on Establishment of the Cabinet Office and equivalent Ministerial Order under Article 12, paragraph (1) of the National Government Organization Act that have issued pursuant to the corresponding provisions of the New Act.
(Transitional Measures Concerning Application of Penal Provisions)
Article 8Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act and acts committed after the enforcement of this Act in cases which prior laws continue to govern pursuant to the Supplementary Provisions of this Act.
(Delegation to Cabinet Order)
Article 9Beyond what is provided for in Article 2 through the preceding Article of the Supplementary Provisions, transitional measures necessary for the enforcement of this Act (including transitional measures concerning penal provisions) are to be specified by Cabinet Order.
Supplementary Provisions [Act No. 61 of June 3, 2011 Extract] [Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of the date specified by a Cabinet Order within a period not exceeding one year from the day of promulgation (hereinafter referred to as the "date of enforcement").
Supplementary Provisions [Act No. 74 of June 24, 2011 Extract] [Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of the day on which 20 days have elapsed from the day of promulgation.
Supplementary Provisions [Act No. 50 of June 2, 2017 Extract] [Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of the date specified by a Cabinet Order within a period not exceeding nine months from the day of promulgation; provided, however, that the provisions of the following Article and Articles 4 and 24 of the Supplementary Provisions come into effect as of the date of promulgation.
(Preparatory Acts in Connection with the Partial Amendment of the Travel Business Act)
Article 4Any person that intends to receive registration under Article 23 or Article 28, paragraph (5) of the Travel Agency Act amended by Article 2 (hereinafter referred to as the "New Travel Agency Act") may file an application for the registration pursuant to the provisions of Article 24 or pursuant to Article 12-12 of the New Travel Agency Act as applied mutatis mutandis pursuant to Article 29 of the New Travel Agency Act, even before the effective date.
(Transitional Measures upon Partial Amendment of the Travel Agency Act)
Article 5(1)The provisions of Article 12-5, paragraphs (3) and (4) of the New Travel Agency Act do not apply to contracts for travel service concluded before the effective date.
(2)The provisions of Article 28, paragraph (5) of the New Travel Agency Act does not apply for six months from the effective date.
(3)With regard to the application of the provisions of Article 26, paragraph (1), item (ii) of the New Travel Agency Act within the period stated in the preceding paragraph, the term "certified travel service provision supervisor under Article 28" in that item is deemed to be replaced with "person who has knowledge and experience concerning travel service provision operations necessary for performing the business".
(4)A person that has actually received designation under Article 22-2, paragraph (1) of the Former Act at the time of the enforcement of this Act is deemed to have received designation under Article 41, paragraph (1) of the New Act on the effective date.
(Transitional Measures Concerning Application of Penal Provisions)
Article 23Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act.
(Delegation to Cabinet Order)
Article 24Beyond what is provided for in these Supplementary Provisions, any necessary transitional measures for the enforcement of this Act are to be specified by Cabinet Order.
(Examination)
Article 25Approximately five years after the enforcement of this Act, the government is to review the provisions of the new Licensed Guide Interpreter Act and the new Travel Agency Act, taking into consideration the state of its enforcement, and take necessary measures based on the review results when it finds it necessary.
Supplementary Provisions [Act No. 37 of June 14, 2019 Extract] [Extract]
(Date of Enforcement)
Article 1This Act comes into effect as of the day on which three months have elapsed from the day of promulgation; provided, however, that the provisions listed in the following items come into effect as of the dates prescribed in the respective items:
(i)Article 40, Article 59, Article 61, Article 75 (limited to the provisions amending Article 34-20 of Child Welfare Act), Article 85, Article 102, Article 107 (limited to the provisions amending Article 26 of the Act for Protection of Children Adopted Through Private Adoption Agencies), Article 111, Article 143, Article 149, Article 152, Article 154, (limited to the provisions amending Article 25, item (vi) of the Act on Real Estate Appraisal), Article 168, the following Article, and the provisions of Article 3 and Article 6 of the Supplementary Provisions: the day of promulgation; and
(ii)The provisions of Article 3, Article 4, Article 5 (excluding the provisions amending Article 19-2, paragraph (1) of the National Strategic Special Zones Act), Chapter II, Section 2 and Section 4, Article 41 (excluding the provisions amending Article 252-28 of the Local Autonomy Act), Articles 42 through 48, Article 50, Article 54, Article 57, Article 60, Article 62, Articles 66 through 69, Article 75 (excluding the provisions amending Article 34-20 of the Child Welfare Act), Article 76, Article 77, Article 79, Article 80, Article 82, Article 84, Article 87, Article 88, Article 90 (excluding the provisions amending Article 30-19, paragraph (2), item (i) of the Human Resources Development Promotion Act), Article 95, Article 96, Articles 98 through 100, Article 104, Article 108, Article 109, Article 112, Article 113, Article 115, Article 116, Article 119, Article 123, Article 133, Article 135, Article 138, Article 139, Articles 161 through 163, Article 166, Article 169, Article 170, Article 172 (limited to the provisions amending Article 29, paragraph (1), item (i) of the Act on the Rational Use and Proper Management of Fluorocarbons), Article 173, and Article 16, Article 17, Article 20, Article 21, and Articles 23 through 29 of the Supplementary Provisions: the day on which six months have elapsed from the date of promulgation.
(Transitional Measures Concerning Acts of Administrative Agencies)
Article 2Before the enforcement date of this Act (in the case of the provisions listed in the items of the preceding Article, the provisions; hereinafter the same applies in this Article and the following Article), prior laws continue to govern the administrative dispositions and other actions that have been conducted under the provisions of laws before their amendment by this Act or orders issued under them (limited to those that provide for disqualification clauses and other measures relating to the restriction of rights) before the enforcement of this Act, and the effect of unemployment resulting from the provisions of those laws or orders before the enforcement of this Act.
(Transitional Measures Concerning Penal Provisions)
Article 3Prior laws continue to govern the application of penal provisions to acts committed before the enforcement of this Act.
(Examination)
Article 7The government is to review the provisions in the Companies Act (Act No. 86 of 2005) and the Act on General Incorporated Associations and General Incorporated Foundations (Act No. 48 of 2006) that restrict the qualifications of directors of corporations on the grounds that they are adult wards or persons under curatorship, within one year from the promulgation of this Act, and based on the results of the review, is to take the necessary legislative measures, including the deletion of the provisions.
Appended Table 1 (Re: Article 12-14)
Course
Lecturers
(i) Courses related to this Act and Terms and Conditions for Travel Business
(i) A person appointed by a travel operator to perform itinerary management services who has experience in itinerary management services as the chief ;
(ii) A person who has passed the certified travel supervisor examination; or
(iii) A person who has knowledge and experience equivalent or superior to those listed in the preceding two items.
(ii) Courses related to itinerary management services
(i) A person appointed by a travel operator to perform itinerary management services who has experience of having been engaged in itinerary management services as the chief at least five times;
(ii) A person who has passed the certified travel supervisor examination (excluding the regionally-limted certified travel supervisor examination) and has experience of having been engaged in the travel business for five years or more; or
(iii) A person who has knowledge and experience equivalent or superior to those listed in the preceding two items.
Appended Table 2 (Re: Article 29)
Subject
Lecturers
(i) Courses related to this Act
i) A person who has experience in the travel service provision business as a certified travel service provision supervisor;
ii) A person who has passed the certified travel supervisor examination; or
(iii) A person who has knowledge and experience equivalent or superior to those listed in the preceding two items.
(ii) Courses related to travel service provision operations
(i) A person who has experience of having been engaged in the travel service provision business as a certified travel service provision supervisor for at least five years;
(ii) A person who has passed the certified travel supervisor examination (excluding the regionally-limited certified travel supervisor examination) and has experience of having been engaged in the travel business for five years or more; or
(iii) A person who has knowledge and experience equivalent or superior to those listed in the preceding two items.