Passenger transportation clausePassenger transportation clause
Article 1 (Scope of Application)
The terms and conditions set out hereinafter shall apply to the contract for any carriage of Passenger, Luggage, Entrusted luggage, and Special luggage made by our Company.
Unless otherwise provided herein, the general applicable laws and commercial practices shall apply.
The Passengers shall be deemed to acknowledge and accept the terms and conditions set out herein.
Article 2 (Definition)
“The Passenger” means a person to be transported under the contract ofcarriage.
“The Vessel” means the vessel designated on the ticket, its substitute vessel, and any craft on such vessels.
“Luggage” means any article whose cubic volume is 0.2 cubic meters or less, whose combined length, height and width is 2m or less, weighs 30Kg or less, and includes personal effects carried by a passenger using a wheelchair.
“Entrusted luggage” means any luggage entrusted to our Company.
“Special luggage” includes refrigerators, washing machines, televisions (24-inch or smaller), bicycles, and motorcycles (125cc or smaller).
“The Office” means the business office of our Company or of the party our Company designates.
Article 3 (Commencement and completion of contract of carriage)
The contract of carriage shall come into existence at the time when our Company, accepting the Passenger’s application, receives the designated fare and shall be completed when the Passenger disembarks from the Vessel’s accommodation ladder at the port of disembarkation.
Article 4 (Warranty of passenger’s health, etc.)
The Passenger shall be, at the time of his boarding and during his journey, none of the following. (1)Afflicted with an infectious disease under the Infectious Diseases Prevention Law (2)Drunk, under the influence of drugs, mentally deranged, a danger to the safety of the Vessel or a cause of discomfort or disturbance to the Passengers. (3)A person who may endanger his/her own life or health by reason of age, state of health, etc. (4)A person who does not carry a passport, visa or other passage documents which are required by the authorities.
When the Passenger is found to be any of the above, our Company and/or the Captain of the Vessel may prevent the Passenger’s embarkation, order disembarkation or take other necessary measures, in which case the contract of carriage shall be deemed to have terminated at the time of the rejection or disembarkation. In the case of such termination, our Company shall have no liability to the Passenger arising from such termination, except to the extent of the provisions regarding fare refunds contained in Article 13.
A ticket will be issued upon presentation of the passage document. The ticket is for personal use, and cannot be transferred. Crossing out or changing any portions of the ticket will make it invalid. The Passenger who has a valid ticket shall have a right to embark on the Vessel. The ticket is valid only for the stated voyage and Vessel printed on the ticket. Whatever the reason may be, if the Passenger does not embark on the stated voyage of the Vessel, the ticket will be invalid and non refundable.
Article 5 (Acceptance of Luggage and Entrusted luggage)
One or two pieces of Luggage weighing 30Kg or less per adult may be brought onto the Vessel. Another one or two pieces weighing 30Kg or less of luggage may be entrusted to our Company, free of charge. In the case of a children’s ticket,luggage weighing upto 15kg may be entrusted.
For the excess luggage, a handling fee shall be charged.
When the Luggage is received by our Company, an acceptance receipt will be issued to the Passenger. When the payment for the Entrusted luggage is received by our Company, a receipt will be issued to the Passenger.
[Handing over of the Entrusted luggage]
Luggage entrusted to our Company will be exchanged for the acceptance receipt upon disembarkation.
Luggage that is not claimed for seven days or more after docking will be delivered to customs.
Article 6 (Passengers fare and Entrusted luggage charge)
Passenger fare shall be charged according to the fare table, stipulated on the separate sheet.
Passenger fare and transportation costs do not include lunch and dinner.
（1）Fare for the children
There will be no charge for each child under 6 who is accompanied by an adult. However, if there is more than one child per adult then they will be charged half the adults fare. When a child is 6 or more, half the adults fare will be charged.
(2) Round trip discount ticket.
50% of the return voyage fare will be discounted.
(3) Student discount
10% of the fare will be discounted.
Presentation of a student ID card will be necessary when purchasing a ticket.
(4) Disabled discount
10% of the fare will be discounted.
Presentation of a disabled person’s pass or certificate will be necessary when purchasing a ticket.
(5) Group discount
When the number of persons in the group is 15 to 50: 10% discount
When the number of persons in the group is 51 to 100: 15% discount
When the number of persons in the group is 101 or more: To be negotiated.
(6) The above-mentioned discount of (1)-(5) applies to single condition only, not concurrent.
Luggage, Entrusted luggage and fares
(1)There will be no charge for one or two pieces of Luggage brought onto the Vessel provided that the combined weight is 30kg or less.
(2)There will be no charge for one or two pieces of Check-in luggage provided that the combined weight is 30kg or less. In the case of a children’s ticket, there will be no charge provided that the Luggage weighs 15kg or less.
(3)When the Check-in luggage is more than the above-mentioned limit, a handling charge will be levied.
Special Luggage and fare
A charge shall be levied for Special luggage such as refrigerators, large televisions, washing machines, bicycles, and motorcycles according to the separate fare table.
Article 7 (Luggage and Entrusted luggage)
The Passenger shall always be responsible for his/her Luggage.
(1) The Passenger shall not bring on board any of the following.
(i) Items giving off offensive odors, unclean items or any other items that may cause discomfort to other passengers. (ii) Firearms, swords, explosives or any other items that may endanger passengers, other property or the Vessel. (iii) Items prohibited by Japanese or Chinese laws. (iv) Live animals (except guide dogs accompanied by the Passenger) (v) Other items that are deemed inappropriate for transportation.
(2)If any of the above mentioned Luggage or Entrusted luggage are found upon embarkation, our Company or Captain of the Vessel may forbid the Passenger from bringing them on the Vessel, take other necessary measures and terminate the contract of carriage.
(1)Our Company, in order to avoid unlawful capture, control or destruction of the Vessel or to ensure the safe navigation or otherwise, may conduct the following inspections.
(i)Inspection of the Passenger through physical contact with his/her clothes and inspection of Passenger’s Luggage and Entrusted luggage using a device such as a metal detector.
(ii)Inspection of the Luggage and Entrusted luggage by opening it or otherwise in the presence of the passenger or a third party.
(2)If the Passenger refuses the above-mentioned inspections or does not co-operate as necessary, our Company may forbid the Passenger to bring the Luggage and Entrusted luggage onto the Vessel, or may cancel the contract of carriage.
Article 8 (Reservation of the Vessel)
A reserved ticket for an individual passenger will be issued from two months before embarkation
Reservation for group-passengers will be accepted from one year before embarkation.
Article 9 (Alteration to reservations)
An alteration to reservations will be accepted within 48 hours of the date of departure. Only one alteration to the initial reservation is acceptable.
Article 10 (Alteration of the class)
Subject to availability, Ticket may be altered for Upgrade upon the payment of the fare ballance.
Article 11 (Cancellation of reservations)
The following fees will be charged for cancellations.
Prior to the date of the departure;
(a) less than 1 week before departure: 10%
(b) less than 48 hours before departure: 20%
(c) less than 24 hours before departure: 30%
No refund is made if the cancellation is done within 24 hours of departure.
Article 12 (Cancellation and/or alteration of voyage)
Our Company is entitled to cancel, shorten or prolong the scheduled voyage, to change the port of departure or destination, to omit or change ports of call, or to change the sailing/arrival date and/or time at each port or the route, without prior notice, in the case of any of the following events.
Ad verse weather or sea cond比ions
When an Act of God, fire, marine casualties, breakdown of the Vessel or other difficulties beyond our Company’s control occurs.
When strikes or labor disturbances occur
When the Passenger becomes ill or is injured
When illegal actions such as the capture or destruction of the Vessel occur
When orders or demands from governmental or public authorities are made
On the occasion of, or possibility of war, civil commotion or political disturbance.
When infectious diseases or epidemics break out
Article 13 (Refund of fare)
The fare, if prepaid, may be fully refunded if our Company completely cancels the voyage in accordance with Article 12
When the Passenger is prohibited from alighting at the disembarking port, and is then sent back to the embarking port, the paid fare will not be refunded. In this case, the fare and other expenses necessary for his/her return shall be paid by the Passenger.
Article 14 (Company’s liability)
The period of our Company’s responsibility for death or injury suffered by the passenger shall be from the time he reaches the Vessel’s ladder at the port of embarkation to the time he leaves the Vessel’s ladder at the final port of disembarkation on condition that the Passenger follows all instructions of the Captain or crew.
Notwithstanding paragraph 1 of this Article, our Company shall have no liability for death or injury in any of the following instances;
(1)(1)When our Company proves that the Vessel was not structurally or functionally defective and that the Captain and crew took the necessary preventive measures to protect the life and welfare of the Passenger, or that an Act of God or other circumstances beyond our Company’s control made it impossible to take such measures,
(2)When our Company proves that death or injury resulted from the Passenger’s or a third party’s willful act or negligence, or from a breach of this contract by the Passenger.
Our Company shall not be liable for loss of or damage to Luggage (except the valuables mentioned in the next item) except when negligence on the part of our Company or Captain or crew is proven by the Passenger.
The Passenger shall be responsible for the custody and security of gold, silver, other precious metals, currency, negotiable securities, gems, artwork, antiques, furs or other valuable articles brought on board the Vessel by the passenger.
Our Company shall bear no responsibility for loss, damage or theft of such valuables.
The liability of our Company for loss of or damage to any Luggage shall in no case exceed ¥15,000 per Passenger per voyage.
Our Company shall not be liable for death or injury of the Passenger nor loss of or damage to any Luggage, Entrusted luggage, and Special luggage incurred while the Passenger or the luggage is not on board the Vessel.
Any compensation payable by our Company under this Article shall be reduced in proportion to any contributory negligence by the passenger.
Notwithstanding anything stated in Article 1, our Company shall have no liability whatsoever for the death or injury of any Passenger unless written notice of a claim is given to our Company or the sales office of our Company within 6 months, and unless a suit on such a claim is commenced within one year from the day when the death or injury occurred.
Notwithstanding anything stated in Article 3, our Company shall have no liability whatsoever for any loss, damage or theft of any Luggage unless written notice of the claim is given to our Company or the sales office of our Company as soon as such a loss etc. is discovered and at the latest until the disembarkation of the Passenger (when there are unavoidable reasons, within 10 days after the disembarkation) and unless a suit is commenced within 6 months from such loss, damage, or theft occurred.
Article 15 (Passenger’s conduct, etc)
The Passenger shall obey all instructions which may be given by our Company or the Captain of the Vessel or the crew in its capacity in regard to his/her embarkation, disembarkation or other activities on board in order to ensure safe transportation and to maintain peace and order on the Vessel.
Our Company or the Captain of the Vessel may cancel the contract of carriage and order the Passenger to disembark from the Vessel, if the Passenger fails to obey such instructions as stipulated in the preceding paragraph.
Article 16 (Rights of staff)
The Captain of the Vessel and the crew, staff and agents of our Company shall have the benefits of all terms and conditions herein benefiting our Company as if the benefits of these terms and conditions applied expressly to them.
Article 17 (Claims against passengers and those who entrusted Luggage)
Our Company shall be entitled to compensation from Passenger or those who entrust Luggage, who cause damage to our Company through their acts, commissions, negligence, or breach of this contract.
Article 18 (Governing law, Jurisdiction)
The contract of carriage shall be governed by Japanese law and all disputes arising from the contract of carriage shall be brought before The Osaka Local Courts, Japan