Harajuku Kawaii Tour

Harajuku Kawaii Tour Contract

Chapter 1 - General Provisions

Article 1. - Scope of Application

01.01. The Contract of our Company (hereinafter to be referred to as "We," "Us," or "Our" as the case may be) concerning Harajuku Sightseeing Tour (hereinafter referred to as the "Contract") to be concluded with the Participant, shall be based on this Contract under the following terms and conditions. In the case that any matter not stipulated in this Contract arises, ordinance or generally established practice shall be applied.

Article 2 - Definition of Terminology

02.01. The "Harajuku Sightseeing Tour" shall mean, in this Contract, such Services as those for which we prepare beforehand, travel plans including itineraries and destinations of the Tour Guide in and around Harajuku Station, as well as the amount of the Price payable to us by the Participant, which shall be implemented as planned.

02.02. In this Contract, the "Date Card Used" shall refer to the date when the Participant or our Company becomes obligated to pay the Tour Price, etc. or when refundable liability is implemented under the Package Tour Contract.

02.03. In this Contract, the "Force Majeure" shall refer unusual and unforeseen circumstances arise due to reasons beyond our control, including, but not limited to acts of God/providence, acts of war, War, use of force by a foreign power, revolution, takeover of the government, armed rebellion, or other incident or civil commotion similar to these (meaning, in these Special Compensation Rules, the state of affairs, which is considered an important situation from the viewpoint of security and maintenance of public order and peace throughout or in parts of a country by collective action of a mob or a large number of people).acts of God/providence, acts of war, civil commotion, suspension and/or closure of Tour Services such as tourist facilities with regards to the Tour Guide Service, exercises and/or orders from government and other public agencies,

Article 3. - Contents of Contract

03.01. We undertake the organization of arrangements and administration of itineraries under the Contract, such that the Participant may be provided with dietary, guidance and sales of goods which tourist facilities offer during such Tour Guidance, and other services about tours (hereinafter referred to as the "Tour Guide Service") transport, transport and accommodation as offered by accommodation facilities, and other services concerning the Tour (hereinafter referred to as the "Tour Guide Service").

Article 4. - Business Agent

04.01. We reserve the right to engage other travel agents, professional organizers and arrangers, or other helpers in or outside Japan, in having them make arrangements in whole, or in part on our behalf, for the execution of the Contract.

Chapter 2 - Conclusion of Contract

Article 5. - Subscription for the Contract

05.01. The Participant shall notify us of the matters listed in each item of this paragraph (hereinafter in the subsequent Articles referred to as the "Membership Number, etc.") by filling out an application form.
(1) The date on the desired Tour Guide Service.
(2) The aforementioned Participant's membership number.
(3) In addition to what is provided for in preceding each Paragraphs, by an application form designated by us otherwise.

05.02. In cases where the Participant participating in the Harajuku Sightseeing Tour, requires special attention, the aforementioned Participant shall mention such a request to us at the time of application for the Contract. We shall attempt to accommodate such requests as far as possible.

05.03. Expenses incurred as a result of special arrangements made at the request of the Participant, under preceding Paragraph 05.02, shall be borne by the Participant themselves.

Article 6. - Subscription by Telephone, etc.

06.01. Subscriptions for the Contract are not accepted by means of telephone, mail, facsimile.

Article 7. - Rejection of Contract Conclusion

07.01. The following are cases upon which we reserve the right to decline the conclusion the Contract.
(1) In cases where the age, sex, qualifications, skills and/or other conditions of the Participant in question do not meet such conditions as specified by us in advance, as required of Participants participating in the Tour.
(2) In cases where the number of Participants subscribing for the Tour has already reached the maximum number of participants as scheduled for the Tour.
(3) In the case that the Traveler subscribing for the Tour is likely to cause trouble to other Travelers or hinder smooth implementation of the Tour for the group.
(4) In cases where the Participant is unable to settle in whole or in part, the liability related to his or her Tour Price, etc. as stipulated in the card membership rules of the Affiliated Company. Such reasons may be due to, but not limited to, the credit card as held by the Participant in question, being found to be invalid.
(5) In cases where the Participant is admitted to correspond a member or an associate member of an organized crime group, a person concerned an organized crime group, a related company or an association of an organized crime group, corporate racketeer, or any other anti-social forces.
(6) In cases the Participant acted and deeded us a violently and unwarrantable demand, a threatening behavior and words for business or the act of violence, or similar activities.
(7) In cases where there is any inconvenience experienced on our side related to our business, as stemming from the actions of the Participant in question during the subscription process.
(8) In the case that there is any inconvenience on our side which is related to our business.

Article 8. - Time that the Contract is deemed Concluded

08.01. The Contract shall be deemed to be concluded, when we have accepted the conclusion of the Contract, and the Participant窶冱 credit card have been used.

Article 9. - Delivery of Contract E-mail

09.01. We shall promptly deliver to the Participant, a document (hereinafter referred to as the "Contract E-mail") detailing the itinerary, contents of Tour Guide Service, Tour Prices, and other conditions of the Tour, as well as matters concerning our responsibility with regards to the Tour, after the contract has been concluded as defined in preceding Article 8.

09.02. The scope of the Tour Guide Service involving our responsibility in making arrangements and administering itineraries under the Contract, shall be based on details stated in the Contract E-mail, as specified in preceding Paragraph 09.01.

Article 10. - Tour Price

10.01. We shall receive payment of the amount of the Tour Price as specified in the Contract E-mail by the credit card of our Affiliated Company, and without the need to obtain the Participant's signature on the designated voucher.

Chapter 3 - Alteration of the Contract

Article 11. - Alteration of Contract Contents

11.01. In case Force Majeure arise, and such circumstances affect the safe and smooth implementation of the Tour Guide Service, we may be required to change the itinerary contents of the Tour Guide Service, and other contents of the Contract (hereinafter referred to as the "Contract Contents") by promptly informing and/or explaining to the Participant beforehand, reasons for the nature of such circumstances being beyond our control, and the correlation between such circumstances and subsequent changes. This shall be the case except at the time of an emergency, where the Participant is informed and/or receives an appropriate explanation after such changes have been made.

Article 12. (Change of Participant)

12.01. The participant who has concluded the Contract with us, may assign his/her status under said Contract to a third party, subject to our consent.

12.02. In cases where the Participant wishes to obtain our consent as provided for in preceding paragraph 15.01, said Participant shall fill in the necessary information on a form as designated by us, and submit it with the handling fee of a designated amount, to us.

12.03. The assignment of said status under the Contract, as provided for in 12.01., shall take effect when approved by us. After such approval, the third party who has acquired such status under the Contract, shall inherit all rights and obligations concerning said Contract as originally concluded by the Participant.

Chapter 4 - Cancellation of the Contract

Article 13. - The Participant's cancellation of the Contract

13.01. The cancellation of the Contract by us or the Participant due to provide for the Cancellation Policy which we set forth otherwise.

13.02. The Cancellation Policy constitutes a part of the Contract.

13.03. In case of any conflict between the Contract and the Cancellation Policy, the Cancellation Policy shall prevail.

Chapter 5 - Contracts with Organizations and Groups

Article 14. - Contracts with Organizations and Groups

14.01. The provisions of this Chapter shall be applied to the conclusion of Contracts, relevant to cases where subscriptions are received from two or more Participants, provided that each Participant appoints a responsible representative (hereinafter referred to as the "Contract Representative").

Article 15. - Contract Representative

15.01. Unless a special contract is concluded, the Contract Representative shall be deemed the person holding all power of representation concerning the conclusion of the Contract, for Participants who compose of his/her organization or group (hereinafter referred to as the "Constituent Member"). All transactions concerning Tour business related to said organization or group, shall be handled with said Contract Representative.

15.02. The Contract Representative is required to submit a list of the Constituent Members on the notice in 05.01.

15.03. We shall not be held accountable for liabilities or obligations which the Contract Representative assumes on behalf of the Constituent Members, or liabilities or obligations which the Contract Representative is expected to assume in the future.

15.04. In cases where the Contract Representative does not accompany his/her organization or group during the Tour, one of the Constituent Members as appointed by the Contract Representative beforehand, shall be deemed by us to be the Contract Representative after the commencement of the Tour Guide Service.

Chapter 6 - Administration of Itinerary

Article 16. - Administration of Itinerary

16.01. We shall make efforts to secure safe and smooth Tour Guide Service for the Participant.

Article 17. - Instructions by Our Company

17.01. The Participant shall be required to follow the instructions of our Company while the Tour Guide Service is conducted as a group during the Tour from start to finish. This is done for the safe and smooth implementation of the Tour Guide Service.

Article 18. - Services of Tour Escort, Etc.

18.01. We ask Tour Escorts or others to accompany the Tour, for the handling of services as described in respective Paragraphs from Article 16, in whole or in part, which we consider necessary in connection with said Harajuku Sightseeing Tour.

18.02. The service hours for said Tour Escorts or others to engage in the services as described in the preceding Paragraph 18.01 shall, in principle, range from 13:00 to 16:00 hours.

Article 19. - Protective Measures

19.01. We reserve the right to take measures as necessary in cases where we consider the Participant to be in a Condition requiring attention and/or protection due to sickness and/or injury. In such a case, unless the cause of such a condition is not attributed to us, the expenditure required for the said measures shall be borne by said Participant and shall be payable by the Participant on or before the date as specified by us, by a method as designated by us. This shall apply unless the cause of said condition is attributed to our actions.

Chapter 7 - Responsibility

Article 20. - Responsibility of Our Company

20.01. We shall be accountable for the compensation of damages suffered by the Participant intentionally or negligently by us, or by our agent who has been engaged by us to make arrangements on our behalf, under the provision of Article 4 (hereinafter referred to as the "Business Agent"). Such compensation shall be limited to cases where notice has been given to us within two years from the day immediately following the day when such damages have been suffered.

20.02. In cases where the Participant suffers damage due to Force Majeure, we shall not be held liable for compensation, except in the case of preceding Paragraph 20.01.

20.03. With regards to damage caused to baggage as described in 20.01, notwithstanding the provision of said Paragraph, we shall compensate the Participant to a maximum limit of \150,000 per Participant (except in cases where the damage was caused by us intentionally, or was a direct result of our negligence/fault). Such compensation shall only apply provided we are notified of the damage, no later than 14 days after the day when such damage was suffered.

Article 21. - Special Compensation

21.01. We shall pay compensation money and solatium of the amount as set beforehand respectively for certain damage caused to the life, body or baggage of a participating Participant during the Harajuku Guide Tour, in accordance with the provision of the separate Rules of Special Compensation, regardless whether or not we are accountable for causing said damage.

21.02. In cases where we are accountable under the provision of preceding Article 21.01 for damage caused as described in preceding Paragraph 20.01, the compensation payable by us, within the limits of compensation payable based on said accountability, according to preceding Paragraph 20.01, shall be considered fair compensation for said damage.

21.03. In such cases as provided for in preceding Paragraph 21.02, our responsibility to pay the indemnity based on the provision of 20.01 shall be reduced by an amount equal to the compensation money payable by us, under the provision of preceding Article 21.01 (including the indemnity considered as compensation money according to the provision of preceding Paragraph 21.02).

21.04. Harajuku Guide Tour implement by our collection of a separate Tour Price, from a participating Participant on our Harajuku Guide Tour shall be handled as part of the contents of the principal Contract.

Article 22. - Accountability of the Participant

22.01. In cases where we have suffered damage due to the direct intentions and/or fault of a Participant, said Participant shall be required to compensate us for the damage.

22.02. When the Participant concludes the Contract, the Participant shall attempt to fully understand the contents of said Contract, such as the right and obligations of the Participant, etc., by utilizing information as provided by us.

22.03. For the Participant to receive the Tour Guide Service as planned and described in the Contract E-mail, after the Tour窶冱 start, the Participant shall promptly inform us, or our business agent or the provider of said Tour Guide Service at the Touring point, if and when the Participant realizes that the Tour Guide Service being offered differs from that as stated in the Contract E-mail.

Article 23. - Governing Law

23.01 This Contract shall be governed by the laws of Japan.

Article 24. - Jurisdiction

24.01 All controversies between the Participants and us arising from this Contract, the parties hereto submit to the exclusive jurisdiction of the Matsuyama District Court of Japan.

Article 25. - Language

25.01. This Contract is due a Japanese-language version and shall be construed with reference to it.

25.02 In case we show the translation of this Contract, regardless of the different types of the languages, it is deemed to show such translation for the Participant窶冱 reference, and it is no effect for the agreement by the Contract and other agreements or notices at all.

Attachment
Rules of Special Compensation

Chapter 1 - Payment of Compensation Money, etc.

Article 1 - Our Company's liability for Payment

01.01. If a Participant participating in our Tour Guide Service has suffered injuries to his/her body due to a sudden and extraneous accident (hereinafter to be referred to as the "Accident") while he/she is participating in the said Tour, we shall pay to the Participant or his/her legal heir Compensation for Death and Residual Disability as well as a Solatium for hospitalization and for hospital visits(hereinafter referred to as the "Compensation, etc.") in accordance with the provisions from Chapters 1 through Chapter 4 and the internal rules which is set forth separately.

01.02. The injuries referred to in the preceding Paragraph, 01.01, not include bacterial food poisoning.

Article 2 - Definition of Terminology

02.01. In these Rules of Special Compensation, "Tour Guide Service" shall mean defined in Article 3 of the "Contract" respectively.

02.02. In these Rules of Special Compensation, "While Participating in the Tour Guide Service" shall mean the period between the time when the Tour Escorts, our employee or agent have finished accepting according to the date of the Tour Guide Service and the Tour Escorts, our employee or agent informed the Participant of the dissolution. However, if the Participant deviates from the route of the Tour Guide Service specified beforehand, when the said Participant has notified us beforehand of the scheduled dates and times of his departure and return, the period from the time of his/her departure until the time of his/her return shall be considered as "While Participating in the Tour Guide Service." However, when the said Participant departs from the said Tour without notifying us beforehand of the scheduled dates and times of his/her departure and return or without planning to return to rejoin the Tour, the period of his/her departure till the time of his/her return or the period after his/her departure shall not be considered as "While Participating in the Tour Guide Service."

Chapter 2 - Cases where Compensation, etc. is not Paid

Article 3 - Cases where Compensation, etc. is not Paid (1)

03.01. We shall not pay Compensation, etc. in cases where the injuries are caused by the causes listed below:
(1) Willfulness or/and fault of the Participant.
(2) Willfulness of the person who is due to receive the Compensation for Death.
(3) Suicidal, criminal, or combative acts of the Participant.
(4) Traffic Accidents and other actions by the third party.
(5) Accidents caused while the Participant is behaving willfully or/and faulting against the law or is receiving illegal services.
(6) Brain disease, illness (including any allergy) or insanity of the Participant.
(7) Pregnancy, childbirth, premature birth, miscarriage, surgical operations, or other medical procedures of the Participant, except in the case of treatment for injuries for which we are obligated to compensate.
(8) Accidents caused while the Participant is undergoing execution of his criminal sentence or is in custody or in jail.
(9) Force Majeure.
(10) Accidents caused by the radioactivity, volatility or other hazardous characteristics or these characteristics of nuclear fuel material (including expended fuel, hereinafter to be interpreted likewise) or matters contaminated by nuclear fuel material (including atomic fission products).
(11) Accidents caused following the causes described in the preceding two cases or accidents arising from the confusion of social order following them.
(12) Exposure to radiation or radioactive contamination other than the case described in above.
(13) Earthquake, volcanic eruption or tsunami.
(14) Accidents caused following the causes described in the preceding case or accidents arising from the confusion of social order incidental to them.

03.02. We shall not pay Compensation, etc. for cervical syndrome (a so-called whiplash injury) or lower-back pain without any objective symptoms, regardless of the causes.

Article 4 - Cases where Compensation, etc. is not Paid (2)

04.01. We shall have a case not to pay Compensation for Death in the cases the Participant or the person who is due to receive the Compensation for Death correspond any of the causes listed in the following cases:
(1) It is admitted to correspond an organized crime group, a member or associate member of an organized crime group, a related company or association of an organized crime group, or any other anti-social forces (hereinafter referred to as the "Anti-Social Forces")
(2) It is admitted to participate in cooperate by providing funding or giving facilities and so on to the Anti-Social Forces.
(3) It is admitted to take advantage of the Anti-Social Forces unduly.
(4) It is admitted to have a relationship with the Anti-Social Forces which is censured socially.

Chapter 3 - Types of Compensation, etc. and Amounts Payable

Article 5 - Payment of Compensation for Death

05.01. If the Participant has suffered an injury as described in Article 1 and died as a direct result of the relevant accident within 180 days from the day of the said accident, we shall pay to the legal heir of the Participant Compensation for Death in the amount of \15 million (hereinafter to be referred to as the "Compensable Amount") per Participant respectively. If, however, the Compensation for Residual Disability has already been paid to the said Participant, we shall pay the balance remaining after deducting the Compensation paid from the Compensation due.

Chapter 4 - Occurrence of Accident and Procedures for Requesting Payment of Compensation, etc.

Article 6 - Request for Explanation, etc. Concerning Extent of Injuries, etc.

06.01. If the Participant has suffered an injury described in Article 1, there are cases where we may request that the said Participant or the person due to receive Compensation for Death explain the extent of the said injury and produce an outline of the accident leading to the said injury, or request a medical examination of his/her body or a postmortem examination of his/her dead body. In this case, the Participant or the person expected to receive Compensation for Death will be required to cooperate with us and comply with these requests.

06.02. If the Participant has suffered an injury described in Article 1 due to causes unrelated to us, the Participant or the person due to receive Compensation for Death will be required to report to us the outline, etc. of the accident leading to the said injury within 30 days from the day of the said accident.

06.03. When the Participant or the person due to receive Compensation for Death has violated the provisions of the preceding two Paragraphs, 06.01 and 06.02, or has failed to inform us of the facts known to them in the explanation or report required or has given a false statement, we shall not pay Compensation, etc.

Article 7 - Request for Payment of Compensation, etc.

07.01. When the Participant or the person due to receive Compensation for Death wishes to receive payment of Compensation, etc., he/she will be required to submit the following documents (which is issued in Japan or we admit as proper foreign objects) and a bill requesting payment of Compensation, etc. on the form designated by us:
(1) Claiming payment of Compensation for Death:
(a) Copy of the deceased's family register and a copy of the legal heir's family register and a certificate of seal impression
(b) Certificate of the accident, issued by a public agency (or by a third party under unavoidable circumstances)
(c) Death certificate or postmortem certificate of the Participant
(2) Claiming payment of Compensation for Residual Disability:
(a)Seal certificate of the Participant
(b) Certificate of the accident issued by a public agency (or by a third party under unavoidable circumstances)
(c) Physician's statement certifying the extent of the Residual Disability
(3) Claiming payment of a Solatium for Hospitalization:
(a) Certificate of the accident issued by a public agency (or by a third party under unavoidable circumstances)
(b) Physician's statement certifying the extent of the Residual Disability
(c) Certifying document issued by the hospital or clinic certifying the number of days of Hospitalization or Hospital Visits
(4) Claiming payment of a Solatium for Hospital Visits:
(a) Certificate of the accident issued by a public agency (or by a third party under unavoidable circumstances)
(b) Physician's statement certifying the extent of the injury
(c) Certifying document issued by the hospital or clinic certifying the number of days of Hospitalization or Hospital Visits

07.02. There are cases where we require the submission of documents other than those listed above in the preceding Paragraph, 07.01, or where we admit omission of part of the documents to be submitted under the preceding Paragraph, 07.01.

07.03. In cases where the Participant or the person due to receive Compensation for Death has acted against the provision of the first Paragraph, 14.01 or has not informed us of the facts known to them concerning the documents submitted or has given a false statement, we shall not pay Compensation, etc.

Chapter 5 - Compensation for Damage to Personal Belongings

Article 8 - Our Company's Responsibility to Pay

08.01. If the Participant participating in the Tour Guide Service being implemented by our Company happens to have his/her personal belongings (hereinafter to be referred to as "Compensable Goods") damaged accidently while the said Participant is participating in the said Tour Guide Service, we shall pay Compensation for Damage to personal belongings (hereinafter to be referred to as "Compensation for Damage").

Article 9 - Cases Where Compensation for Damage Is Not Paid (1)

09.01. We shall not pay Compensation for Damage for the damage caused by the causes listed in each of the following cases:
(1) Willfulness or fault of the Participant.
(2) Willfulness or fault of a relative belonging to the same household as that of the said Participant.
(3) Suicidal, criminal or combative acts of the Participant.
(4) Traffic accidents, theft, burglar, swindle, and other actions by the third party.
(5) Accidents caused while the Participant is behaving willfully or faulting against the law or is receiving illegal services.
(6) Exercise of public authority by the State or public institutions, such as confiscation, requisition, seizure, and demolition.
(7) Defects in the Compensable Goods.
(8) Ordinary wear and tear, rust, mold, discoloration, damage by rats, vermiculation, etc.
(9) External damage which does not disable the function of the Compensable Goods.
(10) Spill of liquid, which is the Compensable Goods.
(11) Misplaced or lost Compensable Goods.
(12) Causes listed in Article 3 from 03.01(9) through 03.01(14)

Article 10 - Cases Where Compensation for Damage Is Not Paid (2)

04.01. We shall have a case not to pay Compensation for Damage in the cases the Participant corresponds any of the causes listed in the following cases:
(1) It is admitted to correspond an organized crime group, a member or associate member of an organized crime group, a related company or association of an organized crime group, or any other anti-social forces (hereinafter referred to as the "Anti-Social Forces")
(2) It is admitted to participate in cooperate by providing funding or giving facilities and so on to the Anti-Social Forces.
(3) It is admitted to take advantage of the Anti-Social Forces unduly.
(4) It is admitted to have a relationship with the Anti-Social Forces which is censured socially.

Article 11 - Compensable Goods and Its Scope

11.01. The Compensable Goods shall be limited to the personal belongings owned and carried by the Participant while participating in the Tour Guide Service.

11.02. Notwithstanding the provision of the preceding Paragraph, 11.01, items listed in the following cases shall not be included in Compensable Goods:
(1) Cash, checks and other securities, documentary stamps, postage stamps, and the like.
(2) Credit cards, coupons, air tickets, passports and the like.
(3) Manuscripts, specifications, designs, commercial ledgers, and the like (including those recorded on recording media which can be directly processed by information equipment (computers and their peripherals such as terminals) such as magnetic tapes, magnetic disks, CD-ROMs, optical discs, etc.).
(4) Dentures, artificial limbs, contact lenses and the like.
(5) Other items specified by our Company beforehand.

Article 12 - Amount of Damage and Amount of Compensation for Damage

12.01. The amount of damage for which Compensation is payable by us (hereinafter to be referred to as the "Amount of Damage") shall be determined on the basis of either the value of the Compensable Goods at the place and time of the accident when the damage caused or the total amount of the repair charge required for restoring the Compensable Goods to the state immediately preceding the occurrence of the damage plus the amount described in the third Paragraph of the next Article, 13.03, whichever is lower.

12.02. In cases where the amount of damage per item or pair of the Compensable Goods exceeds \100,000, we shall consider the amount of damage of the Compensable Goods to be \100,000 and apply the provision of the preceding Paragraph, 12.01.

12.03. The maximum amount of Compensation for Damage payable by us shall be \150,000 per Participant per Tour Guide Service. However, if the amount of damage per Participant does not exceed \3,000 for each one accident, we shall not pay Compensation for Damage.

Article 13 - Prevention of Damage, etc.

13.01. When the Participant has learned that damage has occurred to the Compensable Goods as provided in Article 8, he/she must implement the following measures:
(1) Make efforts to prevent and reduce the damage.
(2) Inform our Company of the extent of the damage, the outline of the accident causing the damage, and whether the Compensable Goods damaged is insured or not.
(3) If the Participant is able to receive Compensation for the damage from others, take necessary procedures to exercise his/her right.

13.02. When the Participant has behaved against the provision of the preceding Paragraph, 13.01 (1), without justifiable cause, we shall regard the balance remaining after deducting the amount considered effective to prevent and reduce the damage as the amount of the damage, and when the Participant has behaved against the provision of 13.01(2), we shall not pay Compensation for Damage. Also in cases where the Participant has behaved against the provision of 13.01 (3), we shall regard the balance remaining after deducting the amount considered receivable by exercising his/her right to obtain such an amount as the amount of the damage.

Article 14 - Request for Payment of Compensation for Damage

14.01. When the Participant wishes to receive payment of Compensation for Damage, he/she will be required to submit to us a bill requesting payment of Compensation for Damage on the form designated by us as well as the following documents:
(1) Certificate of the accident, issued by the police or an alternative third party.
(2) Documents issued to certify the extent of the damage caused on the Compensable Goods.
(3) Other documents requested by us.

14.02. If the Participant has behaved against the provision of the preceding Paragraph, 14.01, or has willfully indicated untrue matter on the documents submitted or has forged or falsified these documents (to be considered likewise if he/she has had a third party commit these acts), we shall not pay Compensation for Damage.

Article 15 - In Cases Where Damage Is Insured

15.01. In cases where there exists an insurance contract which is due to pay insurance money for the damage described in Article 8, we may reduce the amount of Compensation Money payable by us.

Article 16 - Subrogation

16.01. If the Participant has the right to claim damages against a third party for Compensation for Damage for which we are responsible for paying, such a right to claim Compensation for the damage shall be transferred to us within the limit of the amount of the Compensation for Damage that we have paid to the Participant.