JapanIs the travel agency liable for injuries during a trip?
Yes, a travel agency in Japan may be liable for injuries during a trip if it failed to fulfill its duty of care under the Travel Business Act and Civil Code, especially when the injury resulted from negligence in planning, supervision, or safety measures.
What the Law Says
Japanese law imposes clear duties on travel agencies regarding passenger safety and service quality. Liability arises primarily from statutory obligations under the Travel Business Act and general tort and contract principles in the Civil Code.
Under the Travel Business Act, travel agencies must ensure the safety and proper execution of travel services they arrange. Article 30 requires travel businesses to 'take necessary measures to prevent damage to travelers' lives, bodies, or property arising from travel services.' Failure to do so may result in liability.
The Civil Code further supports this through Article 27, which states: 'A person who contracts to perform work shall be liable to compensate for damage caused to the other party by defects in the work.' When a travel agency arranges transportation, accommodation, or guided activities, it is considered to have undertaken a 'work contract' — making it responsible for defects, including unsafe conditions or inadequate supervision.
Additionally, Article 709 of the Civil Code establishes tort liability: 'A person who intentionally or negligently infringes upon the rights of others shall be liable to compensate for the resulting damage.' If an injury occurs due to the agency’s negligent selection of an unsafe tour operator or failure to warn of known risks, this provision applies.
The statute of limitations for such claims is five years from the time the injured party becomes aware of both the damage and the liable party, per Article 724 of the Civil Code.
Statutory TextA person who contracts to perform work shall be liable to compensate for damage caused to the other party by defects in the work.
— Civil Code, Art. 27 — Liability for defective work
Statutory TextA person who intentionally or negligently infringes upon the rights of others shall be liable to compensate for the resulting damage.
— Civil Code, Art. 709 — Tort liability
Statutory TextTravel businesses shall take necessary measures to prevent damage to travelers' lives, bodies, or property arising from travel services.
— Travel Business Act, Art. 30 — Duty to prevent damage
What to Do
Document the injury (photos, medical reports, witness contact info) immediately.
Notify the travel agency in writing within 30 days, citing Article 30 of the Travel Business Act.
File a claim with the agency’s designated dispute resolution body or consult a lawyer before the 5-year limitation expires.
If the agency used a subcontractor (e.g., bus company), confirm whether the agency retained supervisory responsibility — liability may still apply under Article 27.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.