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Terms of Use
(Establishment of reservation (contract))

KMC Corporation, defines terms and conditions (the "Terms of Use") as follows for customers and The Reserved Cruise operated by our company. This contract is for customers to use our vessels on charter basis.

Article 1 Reservations (Establishment of contracts)

Please fill in our “Cruise Application Form” if you apply. We will contact you after confirming the content of your application. Please transfer to the designated account within 5 days from the date of our confirmation by either 30% of the planned fee or 100,000 yen whichever is larger (if the planned amount is less than 100,000yen, the planned amount) as a deposit. However, if the cruise date is approaching, you may be required to make payment as soon as possible. The transfer account detail is as follows. Bank of Yokohama Tsurumi Branch Checking Account 0027543 Transfer fee etc., will be paid by the customers.

Article 2 Payment

  1. Remaining balance
    Regarding the remaining balance excluding deposits, please transfer to the designated account by the next morning of the day the number of people joining the cruise is fixed. When payment cannot be confirmed, we may cancel the contract. As for catering and some options, we will follow the payment schedule and cancellation policy of contracted vendors. Please check details at the time of reservation.
  2. Delayed Damages
    If we cannot confirm your payment of the prescribed amount by the due date, we will charge a delayed loss of 14.6% per annual rate.

Article 3 Confirmation of the number of boarding people

To change the number of people on board, please inform us in advance, by the morning of 3 days before the cruise date (not including Saturdays, Sundays and national holidays). Even if the number is reduced thereafter, the cruise fee will be the amount decided before the reduction in number, as all arrangements have been completed. On the cruise day, we will check the number of boarding people and in case the boarding number of people exceeds planned number, we will charge for boarding fee and the pre-contracted amount for each exceeded person in cash on the same day. Please be aware that additional boarding people on that day cannot be allowed if it exceeds the capacity of the vessel used.

Article 4 Cancellation fee

Cancellation due to customer's convenience after formal reservation (when the purpose such as cherry blossom viewing can no longer be achieved including. ), The following cancellation fee will be charged. In addition, Cancel Please be sure to contact us by "email" or "fax" by 16:00. Cancellation by verbal is invalid. Please transfer the cancellation fee to our designated account within one week after cancellation is confirmed. If we cannot confirm transfer, we will charge a delayed loss of 14.6% per annual rate. Please understand beforehand that change of date, time and vessels will be treated as a cancellation.

  1. From contract date to 30 days before the cruise date:10% of contract amount
  2. From 29 days to 15 days before the cruise date::20% of the contract amount + actual expenses
  3. From 14 days to 8 days before the cruise date: 30% of the contract amount + actual expenses
  4. From 7 days to 2 days before the cruise date:50% of the contract amount + actual expenses
  5. From the day before the cruise date: 100% of the contract amount + actual expenses

※Contract amount is the total price including food and drink and optional charges.
※In case of a special event such as firework display, the rules of cancellation fee may be changed.

Article 5. Arrangement of decoration, entertainment etc.

Regarding decorations, music, entertainment, and party attendant etc., we will arrange designated vendors. If you wish to arrange other vendors yourself, please contact us in advance for smooth operation. If vendors being arranged by you are to board the vessel, we will charge 11,000 yen (tax included) per person as boarding fee and will charge same as yours if they eat or drink.

Article 6 Instructions for the vendors arranged by customer

With regard to the carrying-in and out, and the installing location, etc., of equipment and materials such as decorations and entertainment performed by vendors you requested directly, we will instruct them to implement the rules based on our certain regulations.

Article 7 About bringing in food and drink

In case of cruises including food and drink, we kindly ask you to refrain from bringing in food and drink. If you need to bring in food and drink for a special reason, please consult our staff.

Article 8 Cancellation

Even if the contract has already established, we may cancel or refuse it for reasons specified below. In this case, we do not refund any fees that we have already received, and we will charge you for the remaining amount at the time of cancel or interruption if the payment of total amount has not been completed.

  1. If your circumstances require a major change to the contract.
  2. If there is a possibility that customers on board may act against laws or public order and morals.
  3. If you may trouble other customers
  4. In case of violation of the Terms of Use, or declare a false fact, or do not declare important facts when applying or at meeting with us.
  5. Others, if we judge that conducts of our cruise is inappropriate.

Article 9 Change of pier, and postponement, etc.

  1. Please be aware that the change of time and boarding place may happen when operating services is difficult due to the influence of weather and the conditions of piers.
  2. Also, due to weather conditions etc., we may provide our services at vessels being kept berthing at piers or at alternative venues on land. In the event that we cannot operate cruises at all, we will refund specified amount.
  3. Weather conditions such as strong winds and other force majeure may cause vessel operations other than in Yokohama port such as Tokyo bay to be substituted for operations in Yokohama port. In that case we will bear the travel cost between the pier of Yokohama port and the piers other than Yokohama port, within our specified amount.
  4. If you wish to cancel use of vessels and substitute venues, please bear options fee and the part of meal price in principle as a rule. However, options that can be canceled will be considered separately.
  5. In the event that operations of vessels become extremely difficult, and also implementation according to paragraphs 2 and 3 is impossible, as soon as it becomes clear, we may arrange postponement date on consultation. If holding on the same day is essential, and if you request, we arrange venues on land as much as possible. (We cannot promise whether we can provide venues surely.)

Article 10 Judgement of implementation

The first judgement of vessel operations is made in the morning of three days before the implementation date. If the operation is likely to be in danger due to typhoon approach or other weather conditions, the final judgement will be made by 6 p.m. of the previous day basically. Depending on circumstances, we may make a decision on the morning of the implementation day. We follow the Articles above to try to operate ships as much as possible.

Article 11 Cancellation of operations

For safe operation of vessels, we may cancel the operation because of conditions written below, after trying substitute ways set in Article 9.

If we decide to cancel vessel operations, we will promptly inform you. In this case, we will refund the balance of the contract fee (cruise fee) by deducting 2,000 yen as administrative fee. However, in regard to the cancellation fee of meal and optional pick-up service of restaurant plans, please bear it according to the cancellation rule of the service suppliers. Also, if you ordered other options, please bear some or all of the expenses.

  1. In the event that we judge that weather or sea conditions may cause danger to the ship's operation, service at berthing, and implementation at venues on land.
  2. In the event of Natural disasters, fire, marine accidents, malfunctions of the vessel in use, or other unavoidable reasons.
  3. When there is an order or request from public office.
  4. When the detachment or docking of the vessel is at risk, such as pier congestion, an accident on ships around, or any other emergency.

Article 12 Prohibited acts

We forbid such acts listed below which violate laws and ordinances, public order and morals, and would cause inconvenience to other customers. When problems arise, we will respond as appropriate after consulting according to the items described in the Terms of Use. With regard to damage, we will request actual expenses. If vessels became impossible of operation, you may be required to pay compensation for loss of profit opportunities incurred during that period. Also, please acknowledge that we will force to stop the operation if the following actions are discovered.

  1. Acts violate laws and ordinances.
  2. Bringing in dogs, cats, birds, and other pets, and livestock.
  3. Bringing in personal belongings.
    We may deny bringing in personal belongings (items that you carry into a vessel as your luggage) if that fall into any of followings.
    • Items which may flash fire; hazardous materials; items banned to have, etc.
    • Things give off offensive smell, insanitary things, and others liable to be inconvenient to other passengers.
    • Guns, knives, explosive items, and others which may damage other passengers, items, and vessels.
    • Others not suitable for carrying.
    If your belongings are suspected to be things listed the above, we may inspect them in the presence of other passengers or third parties.
  4. Forbidden activities
    Passengers must not do the following acts:
    • Activities which cause or may cause damages and breakage to interior facilities (including clogging and polluting of restroom).
    • Move vessel’s equipment.
    • Touch and operate vessel’s maneuvering equipment without reason.
    • Extremely dangerous behavior such as violence.
    • Invade into limited area of vessel without reason.
    • Smoke at non-smoking area on the vessel.
    • Unauthorized use or move of fire extinguishers, emergency alert devices, life jackets and other equipment for emergency situations.
    • Unauthorized use and move of wharf ladder, gate barrier and other facilities for overboard protections, embarkation, and disembarkation.
    • Damage or move posters indicating embarkation and disembarkation, and other displays for passengers’ safety.
    • Throw things which may damage passengers, such as stones, bottles, metal pieces, etc., toward the vessel and loaded items.
    • Throw away goods which prohibited to be discarded in the sea from the vessel.
    • Jump into the sea.
    • Behavior which trouble and inconvenient to other passengers.
    • Acts accompanied by obscenity such as becoming naked, or acts disturbing the order or morals inside the vessel like gambling, and acts harmful to hygiene.
    With regard to embarkation, disembarkation, and actions onboard the vessel, customers should obey the master or our company staffs’ instructions ordered upon their role to secure and maintain safety and order in the vessel.
  5. Usage other than purpose of use

Article 13. Notes

Please observe notes listed below.

  1. Please understand in advance that depending on the situation of vessels of the day, we may change the vessel to use.
  2. In the event of difficulty of vessel operation due to the weather, the condition of piers and the operation route, we may change departure and arrival place. Boarding and disembarkation time may also change depending on situation.
  3. We cannot assume any responsibility for any accidents or thefts among customers that occur outside of vessel operation.
  4. In order to prevent inconvenience to surrounding facilities etc., there is a limit on the volume regardless of our equipment or carry-in equipment, so please enjoy the party within the volume specified by us. There is a limit to the volume of sound flowing inside and outside the vessel due to the engine sound of the vessel. We cannot assume any responsibility against the influence of engine sound to the cruise, so please understand.
  5. We cannot delay the departure time for reasons such as traffic jam or delayed schedule of trains, so please come to the site with time to spare. Even if the vessel departs late, the return time does not change. For some piers, extra fee will be charged if the scheduled usage time is changed. In that case the extra fee will be borne by the customer. Also, additional fee may be incurred if ship operation time is extended.
  6. Drinking alcohol and smoking by minors are strictly prohibited. You may be required to present your ID card to check the age.
  7. The vessel’s restrooms are easily clogged for structural reason. So please do not flush anything other than the paper provided. If a clog occurs, you may not be able to use the restroom until disembarkation. In that case, we will charge you over 50,000yen as a repair fee.
  8. We cannot assume any responsibility for malfunctions or operational problems with basic equipment such as lavatories, lighting, audio equipment, and video equipment, as well as connection malfunctions with the customer's own equipment.
  9. We will not be liable for any accidents, thefts or other disputes between passengers that occur during the operation of the cruise service, except for the ones that are attributable to us. Please beware of safety and valuables on your own responsibility.

Article 14 Claim for damages

Customers (including all relevant parties of you) and contractors who are directly requested by you should take care not to damage the marina and pier facilities, vessel's hull and fixtures, etc. If damage occurs to facilities and equipment, etc., we will instruct you on the repair, so please promptly repair according to it or bear the compensation for it.

Article 15 Abandonment of claims for damages

Customers are not able to claim for damages to our company at any reason in the case the time and place of embark/disembarkation was changed or in case of cancelation due to the reason specified in this Terms of Use.

Article 16 Prohibited matters

If any of following person is in your group, the use of our service will be denied. Also, we can cancel this contract if such fact turns out after it is established.

  • Members or related persons of organized crime syndicate or other antisocial forces.
  • Person concerned with corporation or other groups where antisocial forces control business activities.
  • Person who got disease such as infectious disease that may be transmitted
  • Others, who defined by our company.

Article 17 (Governing Law and Jurisdiction)

The law governing this Agreement shall be the Japanese law, and for disputes arising in connection with this Agreement, the Yokohama District Court shall be the first instance exclusive jurisdictional court.

If there is any contradiction with the Japanese original, the Japanese original takes precedence.

New Normal on the Sea