(Payment of Compensation for Death) |
Article 6
- 06.01. If the Traveler has suffered an injury as described in Article 1 and died as a direct result of the relevant accident within 180days from the day of the said accident, we shall pay to the legal heir of the Traveler Compensation for Death in the amount of 25 million yen in the case of an Organized Tour aimed at an overseas trip and in the amount of 15 million yen(hereinafter to be referred to as the "Compensable Amount") in the case of an Organized Tour aimed at an inland trip, per Traveler respectively. If, however, the Compensation for Residual Disability has already been paid to the said Traveler, we shall pay the balance remaining after deducting the Compensation paid from the Compensation due.
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(Payment of Compensation for Residual Disability) |
Article 7
- 07.01 In cases where the Traveler has suffered an injury as described in Article 1 and developed Residual Disability as a direct result of the said injury within 180 days from the day of the said accident (which means serious disability, remaining in his/her body, which is unrecoverable in the future or the loss of part of his/her body after the injury leading to this disability or loss has been healed; hereinafter to be interpreted likewise.), we shall pay Compensation for Residual Disability in the amount reached by multiplying the amount of Compensation by the percentage listed in each of the following cases in Schedule II.
- 07.02. Notwithstanding the provisions of the preceding Paragraph, 07.01, if the Traveler is in a condition still requiring treatment even after a lapse of 180 days from the day of the accident, we shall pay Compensation for Residual Disability after identifying the extent of his/her residual disability based on the diagnosis of a physician on the 181st day counted from the day of the accident.
- 07.03. As for any Residual Disability not listed in the cases of Schedule II, we shall determine the payable amount of Compensation for Residual Disability according to the extent of the disability of the body and pursuant to the classification of the respective cases in Schedule II, regardless of the occupation, age, social status, etc. of the Traveler. However, if the relevant disability is not as serious as the functional disorder listed in 1 (3), 1 (4), 2 (3), 4 (4), and 5 (2) of Schedule II, we shall not pay Compensation for Residual Disability.
- 07.03. As for any Residual Disability not listed in the cases of Schedule II, we shall determine the payable amount of Compensation for Residual Disability according to the extent of the disability of the body and pursuant to the classification of the respective cases in Schedule II, regardless of the occupation, age, social status, etc. of the Traveler. However, if the relevant disability is not as serious as the functional disorder listed in 1 (3), 1 (4), 2 (3), 4 (4), and 5 (2) of Schedule II, we shall not pay Compensation for Residual Disability.
- 07.05. The maximum amount payable by us for Residual Disability under each of the preceding Paragraphs from 07.01 through 07.04 shall be the amount of Compensation payable per Traveler per Organized Tour.
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(Payment of Solatium for Hospitalization) |
Article 8
- 08.01. In cases where the Traveler has suffered an injury as described in Article 1, and, as a direct result of such a injury, has become unable to engage in daily work or to lead a normal life, and has been hospitalized (meaning that although treatment by a physician is required, treatment at home is so difficult that the patient is hospitalized at a hospital or clinic to receive concerted treatment under the physician's care. Hereinafter to be interpreted likewise in this Article.), we shall pay a Solatium for hospitalization according to the number of days hospitalized under the following classification:
- (1) In the case of an Organized Tour aimed at an Overseas Trip:
(a) |
In cases where the Traveler has suffered injury requiring hospitalization for 180 days or more. |
400,000 yen |
(b) |
In cases where the Traveler has suffered injury requiring hospitalization for 90 days or more but less than 180 days. |
200,000 yen |
(c) |
In cases where the Traveler has suffered injury requiring hospitalization for 7 days or more but less than 90 days. |
100,000 yen |
(d) |
In cases where the Traveler has suffered injury requiring hospitalization for less than 7 days. |
40,000 yen |
- (2) In cases where the Traveler has suffered injury requiring hospitalization for less than 7 days.
(a) |
In cases where the Traveler has suffered injury requiring hospitalization for 180 days or more. |
200,000 yen |
(b) |
In cases where the Traveler has suffered injury requiring hospitalization for 90 days or more but less than 180 days. |
100,000 yen |
(c) |
In case the Traveler has suffered injury requiring hospitalization for 7 days or more but less than 90 days. |
50,000 yen |
(d) |
In cases where the Traveler has suffered injury requiring hospitalization for less than 7 days. |
20,000 yen |
- 08.02. Even when the Traveler is not hospitalized, if the said Traveler's injury falls under any one of the cases listed in Schedule III, and the said Traveler has received treatment by a physician, the period during which the said Traveler has been placed under such a state shall be considered as the number of days requiring hospitalization when applying the provision of the preceding Paragraph,8.01.
- 08.03. If a Solatium for Hospitalization plus Compensation for Death or a Solatium for Hospitalization plus Compensation for Residual Disability is payable per Traveler at the same time, we shall pay the total amount of such payments.
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(Payment of a Solatium for Hospital Visits) |
Article 9
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- 09.01. If the Traveler has suffered an injury as described in Article 1, and, as a direct result of such an injury, has experienced difficulty in engaging in normal work or leading a normal life, and has needed to visit a hospital (which means that when treatment by a physician is necessary, the patient visits a hospital or clinic to receive treatment by a physician (including house visits by a physician). Hereinafter to be interpreted likewise in this Article.), and the number of days spent for such Hospital Visits has exceeded 3 days, we shall pay to the Traveler a Solatium for Hospital Visits according to the said number of days under the following classification:
- (1) In the case of an Organized Tour aimed at an Overseas Trip:
(a) |
In cases where the Traveler has suffered injury requiring Hospital Visits for 90 days or more. |
100,000yen |
(b) |
In cases where the Traveler has suffered injury requiring Hospital Visits for 7 days or more but less than 90 days. |
50,000yen |
(c) |
In cases where the Traveler has suffered injury requiring Hospitalization for 3 days or more but less than 7 days. |
20,000yen |
- (2) In the case of an Organized Tour aimed at an Inland Trip:
(a) |
In cases where the Traveler has suffered injury requiring Hospital Visits for 90 days or more. |
50,000yen |
(b) |
In cases where the Traveler has suffered injury requiring Hospital Visits for 7 days or more but less than 90 days. |
25,000yen |
(c) |
In cases where the Traveler has suffered injury requiring Hospitalization for 3 days or more but less than 7 days. |
10,000yen |
- 09.02. Even when the Traveler does not make Hospital Visits, if we recognize that the Traveler has experienced considerable difficulty in engaging in normal work or leading a normal life because of a plaster cast, etc. attached all the time to the part of his/her body suffering from the injury, such as a bone fracture, under the instruction of a physician, the period of such a state shall be considered as the number of days spent for Hospital Visits when applying the provision of the preceding Paragraph, 09.01.
- 09.03. We shall not pay a Solatium for the Hospital Visits made after the injury suffered has been healed to such an extent as considered not to be so troublesome as to prevent the Traveler from engaging in normal work or leading a normal life.
- 09.04. We shall not pay a Solatium for Hospital Visits made after the lapse of 180 days from the day of the accident under any circumstances.
- 09.05. In cases where both a Solatium for Hospital Visit plus Compensation for Death or a Solatium for Hospital Visit plus Compensation for Residual Disability is payable per Traveler at the same time, we shall pay the total amount of such payments.
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(Special Rules Concerning Payment of a Solatium for Hospitalization and a Solatium for Hospital Visits) |
Article 10
- 10.01 If the number of days required for Hospitalization and the number of days for Hospital Visits exceeds one day per Traveler respectively, notwithstanding the provisions of the preceding two Articles 8 and 9,we shall pay only whichever amount is larger among the Solatium described in each of the following cases (if both amounts are the same, the Solatium described in (1)):
- (1) A Solatium for Hospitalization, payable by us for the number of days of hospitalization.
- (2) A Solatium for Hospitalization, payable by us for the number of days spent for Hospital Visits, by regarding the number of days reached by adding the said number of days in the hospital to the said number of days spent for Hospital Visits (excluding the period for which we must pay Solatium for Hospitalization) as the number of days spent for hospital visits.
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(Presumption of Death) |
Article 11
- 11.01. If and when the Traveler has not been found even after 30 days have passed after the aircraft or vessel which the Traveler had boarded has been reported missing, or lost, the said Traveler will be presumed dead on the day when the said aircraft or said vessel was reported missing or lost.
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(Influence of Other Physical Disabilities or Illnesses) |
Article 12
- 12.01. If the injury described in Article 1 has become serious due to the influence of a physical disability or illness which had already existed when the Traveler suffered the injury described in Article 1 or due to the influence of an injury or illness which has occurred independent of the accident causing the said injury after the said Traveler has suffered the injury described in Article 1, the amount equal to the situation excluding those influences shall be determined and paid.
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