| |
This outline of tour conditions represents part of the terms
of transaction stipulated in Article 12-4 of the Travel Agency
Law, and the contract specifying services rendered for travel
and other matters as stated in Article 12-5 of the above
mentioned law.
1. Contract for Agent-Organized Tours (1) Responsibility rests with the companies operating Agent-
Organized Tours, Japan Holiday Tours (hereinafter referred
to as JHT). (Tour code of TM/TML/TA/TAR/TOL/ TO/
TS2L/TS2/TS1L/TS1 operated by Japan Gray Line Co., Ltd.
(hereinafter referred to as JGL), H-2/HK-2/HK-3/HK-4/Q-2/
Q-3/HS-5/HS-6 operated by Hankyu Travel International Co.,
Ltd., (hereinafter referred to as HTR). The name in full appears
in the tour pamphlets. Clients joining such tours shall conclude
an Agent-Organized Tour Contract (hereinafter referred to as
the Travel Contract) with the following.
Japan Holiday Tours (Tour code of TM/TML/TA/TAR/TOL/
TO/TS2L/TS2/TS1L/TS1) are operated by Japan Gray Line
Co., Ltd. (Licensed Transport Registered Travel Agent No.35)
Japan Holiday Tours (Tour code of H-2/HK-2/HK-3/
HK-4/Q-2/Q-3/HS-5/HS-6) are operated by Hankyu Travel
International Co., Ltd. (Licensed Travel Agent No.43)
・Japan Gray Line Co., Ltd.
Address: 4-2, 1-Chome, Toranomon, Minato-ku, Tokyo
105-0001
Ministry of Land, Infrastructure and Transport Registered
Travel Agency No. 35
Hidenobu Hirakawa-Certified Travel Service Supervisor
・Hankyu Travel International Co., Ltd.
Address: 9-2, Nihombashi, 3-Chome, Chuo-ku, TOKYO
103-0027
Ministry of Land, Infrastructure and Transport Registered
Travel Agency No. 43
Noboru Ishikawa-Assistant General Manager
(2) The content and conditions of the contract shall conform to
those specified for each tour itinerary, conditions as specified
hereunder, the final itinerary handed to clients before departure
(hereinafter referred to as the “Final Tour Itinerary”), and
Agent-Organized Tours as described in JHT’s general terms
and conditions as based on the Travel Agency Law (hereinafter
referred to as “General Terms and Conditions of Agent
Organized Tours”).
2. Application for Agent-Organized Tour Contracts and
Their Conclusion (1) The client shall provide on the JHT application form
information as required by JHT and submit the form together
with the necessary reservation deposit. Said deposit shall be
applied to the tour fare, cancellation charges or penalties.
(2) JHT may accept applications for travel contracts by
telephone, mail, facsimile and other means of communication.
In such cases, the client shall submit the application form and
reservation deposit to JHT within 3 days, from the day after
acceptance of application is confirmed. If the client fails to
supply the required application form and deposit within 3 days,
the reservation shall be voided.
(3) The Travel Contract shall become valid upon acceptance by
JHT and receipt of the reservation deposit.
(4) Deposit (per person)
The reservation deposit shall be 10 percent of the tour fare.
(5) The client shall notify JHT when submitting application if
special considerations are required during the tour period, and
JHT shall comply with such requests when feasible.
3. Special Conditions of Tour Application
(1) A client under 20 years of age and traveling alone during
the tour period shall provide JHT with the written consent of
his/her guardian.
(2) JHT may refuse an application if the client’s age,
qualifications, skills and other conditions do not conform to
those designated for tours aimed at specific customer categories
or purposes.
(3) Clients who require special attention from JHT during the
tour due to chronic disease, general ill-health, pregnancy or
physical handicap shall advise JHT of this when applying for
the tour. JHT shall comply with such requests to the extent
deemed feasible and reasonable. In such cases, JHT may
require clients to present a medical certificate. JHT may refuse
a client’s application if conditions at travel destinations and
facilities are such that safe, smooth tour operation cannot be
guaranteed, or require that the client be accompanied by an
escort. Notification concerning acceptance or rejection of client
participation in the tour shall be made by JHT within 1 week
after the application is submitted.
(4) If JHT determines that the client needs medical diagnosis
or treatment by a physician owing to illness, functional disease
or other reasons during the tour, JHT shall take measures
necessary to ensure smooth operation of the tour. All costs
resulting from such measures shall be borne by the client.
(5) Independent activities for reasons of the client’s own
choosing shall not be arranged by JHT during the tour.
However, JHT may, depending on the tour course, arrange such
activities under separate conditions.
(6) JHT may refuse client participation if it determines that he
or she threatens to embarrass, inconvenience or interfere with
the collective activities of tour participants.
(7) JHT may also refuse client participation in the tour for
operational reasons.
4. Contract Document and Final Tour Itinerary (1) After the client has entered into a Tour Contract with
JHT as stipulated in Articles 2 & 3 above, the brochures
and the tour conditions listed herein shall be included in the
Travel Contract.
(2) Unless specified in the Travel Contract, JHT shall
deliver to the client the Final Tour Itinerary, showing the
time and place for assembly, mode of transport, and lodging
facilities not later than 1 day prior to the tour departure date.
Irrespective of the above, when application for the Agent-
Organized Tour is made on or after 7 days prior to the eve of
tour departure, the Final Tour Itinerary shall be presented to
the client by the departure date.
(3) The scope of travel services for which JHT is liable in
arranging and administering the itinerary shall be specified
in the Travel Contract as stated in Paragraph (1) mentioned
above and in the Final Tour Itinerary as stipulated in
Paragraph (2) mentioned above.
5. Payment of Tour Fare Payment of tour fare in full must be made prior to the departure
time. A travel contract is deemed to be concluded and become
effective upon receipt of full payment.
6. Amount of Tour Fare (1) Clients 12 years of age and older shall be charged the adult
fare, and those aged 6 to 11 years old shall be charged the child
fare unless otherwise specified. However, when a tour includes
air travel, children aged 3 to 5 will be charged the infant fare.
One child 5 years of age or younger can join the tour in the
company of an adult, but will receive no services such as
meals or bed. If there is more than 1 child, 1 child fare will be
charged for each additional child 5 years of age or younger.
This does not apply to tours for which infant fares are quoted.
(2) The fare is indicated for each tour course. Clients are asked
to confirm the fare according to the departure date and the
number of participants.
7. Included in the Tour Fare A. TM/TML/TA/TAR/TOL/TO/TS2L/TS2/TS1L/TS1
operated by JGL.
Please note that the items included in the tour fare are only
those as specified in the itinerary.
・ Meals: Only the meals specified in the itinerary.
・ Railways: Non-reserved tourist class seats are used on JR
Shinkansen ( Bullet Train ) from Odawara to Tokyo.
・ Sightseeing & Excursions: By deluxe motorcoach and/or
local conveyance where specified in each itinerary basically
on a seat-sharing basis. A mini-bus may be used when the total
number of participants is small. In some cases, a taxi may be
used for pick-up & return services.
・ Admission: To all points of interest in each escort service.
・ Escort Service: English-speaking guide services are
provided during sightseeing. As a general rule, a tour guide
will accompany you on the tour bus back to Tokyo after
Odawara station. In this case, the tour guide will not board
the Bullet train (Shinkansen) between Odawara and Tokyo
to accompany you due to operational reasons. An English
speaking guide or assistant will be provided for pick-up and
return services. However, the tour guide or assistant may
not accompany you when providing such services due to
operational reasons. (For example, when a taxi is used for such
services.) A tour guide will not accompany you for transfer
service from Lake Ashi to the hotel in Hakone.
・ Gratuities: Gratuities to motorcoach drivers, etc.
・ Tax: The Consumption Tax.
・ Remarks: Administration and operation control of JGL
Organized Tours will be done at the above-stated address. In
principle, JGL will not make refunds for the above fare even if
clients choose not to use the relevant services.
B. H-2, HK-2/3/4, Q-2/3, HS-5/6 operated by HTR
The following may eventually include items unrelated to the
tours you choose. Please note that the items included in the tour
fare are only those as specified in the itinerary.
・Hotel rooms: Rooms with private bath on a two-in-a-room
basis at the hotels specified in each itinerary.
For single room occupancy by choice or circumstances, extra
charges will be required as shown in the respective column in
each itinerary.
Triple room may be provided as a twin room with one extra bed.
・ Meals: Only the meals specified in each itinerary.
・ Railways: Tourist-class reserved seats on JR Shinkansen
(Bullet Train) and limited-express trains. No reserved seats
on subways, local railways and trains.
・ Sight seeing & Excur s ions : By sedan, van, taxi ,
motorcoach and/or sightseeing boat on a seat-sharing basis,
plus admission fees to temples, shrines, museums, etc. A
minibus, sedan or taxi may be used when the total number
of participants is small. Seat-sharing sightseeing tours for
Japanese tourists are used for some tours.
・ Transfers: By motorcoach on a seat-sharing basis. A
sedan, van or taxi may be used when the total number of
participants is small.
・ Guide services: An English-speaking guide for sightseeing
and excursions will be provided. For long transfers
involving Shinkansen (Bullet Train), taxi or motorcoach, a
conductor or guide will not accompany the tour. An Englishspeaking
assistant will be provided for pick-up and meeting
services except when the pick-up/return services is via taxi.
・ Gratuities: Gratuities to hotel servants, porters and
chauffeurs.
・ Tax: The Consumption Tax.
Note: In principle, HTR will not make refunds for the above
fares even if clients choose not to use the relevant services.
8. Not Included in the Tour Fare A. TM/TML/TA/TAR/TOL/TO/TS2L/TS2/TS1L/TS1
operated by JGL
Meals and beverage unless mentioned, baggage handling
or transfer, laundry, telephone and any other expenses of
a personal nature. Charges and expenses other than those
specified in the preceding article are not included either.
For transfers involving either Shinkansen (Bullet Train)
or motorcoach from Odawara to Tokyo and from Lake
Ashi to the hotel in Hakone, a conductor or guide will not
accompany the tour. An English speaking assistant may
not accompany the tour for pick-up and return service for
operational reasons (for example, if a taxi is used).
B. H-2, HK-2/3/4, Q-2/3, HS-5/6 operated by HTR
Charges and expenses other than those specified in the
preceding article, such as:
(1) Laundry, telephone, additional meals and drinks, and
any other expenses of a personal nature.
(2) International and domestic air fares.
(3) Airport departure taxes.
(4) Excess baggage. Heavy baggage.
(5) Guide and assistance services for pick-up/return
services using taxi, transfer from Lake Ashi to Hakone
Palace Hotel or The Prince Hakone, and Shinkansen
(Bullet Train) transfer service during the excursion.
(6) Luggage transfer by separate truck.
TOUR CONDITIONS for JAPAN HOLIDAY TOURS
25
9. Revision of Contents of Travel Services In case of a marked increase in transportation fares and fees to
JHT, JHT reserves the right to revise any contracted tour fare
with a minimum 15 days advance notice to clients. JHT also
reserves the right to alter part or all of the tour itinerary in case
of natural or artificial disturbance beyond JHT’s control.
10. Change of Tour Fare (1) JHT may revise its schedule of fees in accordance with
increases or deductions in transport fares and/or charges
for Agent-Organized Tour owing to unusual or unforeseen
economic developments. In such cases, JHT shall notify the
client no later than the 16th day prior to the eve of departure.
(2) JHT may, when tour operational costs have risen owing
to factors as stipulated in Article 9 above, revise the tour fare
accordingly, except when substitutions are required because of
a shortage of such facilities, as transport seats, hotel rooms, etc.
(3) In the event travel costs become lower, JHT shall reduce the
tour fare accordingly.
11. Change of Tour Participants (1) A client who has entered into a Travel Contract may, with
JHT consent, transfer the status in the contract to a third party.
In this case, the clients shall enter the required information
in the form provided by JHT and submit it together with the
specified handling fee.
(2) The transfer of status in the contract to a third party as
stipulated in Item (1) of this Article shall become valid by the
consent of JHT.
12. Cancellation of Travel Contract by the Client (1) The client is at all times entitled to cancel the Travel
Contract, but must pay JHT a cancellation charge as stipulated
in Article 14 below.
(2) In any of the following cases, the client may cancel the
Travel Contract without paying a cancellation charge:
(a) When the contents of the Travel Contract have been
substantially revised.
(b) When the tour fare is increased in accordance with the
provisions of Article 10.
(c) In cases where natural calamity or disaster, weather
conditions, civil unrest, suspension of services related
to transportation, accommodation and other facilities,
governmental orders, or other causes make safe, smooth tour
operation impossible, or when there is a valid reason to believe
the tour cannot continue.
(d) When JHT has not delivered the Final Tour Itinerary to the
client by the prescribed date.
(e) When tour operation becomes impossible owing to factors
for which JHT is liable.
13. Cancellation of Travel Contracts and Tour Operation
by JHT (1) If the client has not paid the tour fare by the prescribed date,
JHT may cancel the Travel Contract. In such cases, the clients
shall pay JHT the applicable cancellation charge.
(2) In any of the following cases, JHT may cancel the Travel
Contract.
(a) When it becomes evident that the client does not satisfy the
sex, age, qualification, skill or other requirements specified by
JHT for participation in the tour.
(b) When the client is recognized as unfit to join the tour owing
to illness or for other reasons.
(c) When here is evidence that the client threatens to cause
other participants embarrassment or inconvenience, or might
otherwise interfere with the smooth performance of the
collective activities of the tour.
(d) When the minimum number of participants as stipulated
by JHT in the Travel Contract has not been met. In such cases,
JHT shall notify the client of tour cancellation no later than
the 20th day (the 4th day for a one-day tour) prior to the eve of
departure.
(e) When the necessary conditions as clearly stated at the
conclusion of the Travel Contract cannot materialize, such as
insufficient snowfall for ski tours, or when there is valid reason
to believe that the required conditions cannot be met.
(f) In the event of a natural calamity or disaster, poor weather
conditions, civil disturbance, suspension of services related to
transportation, accommodations, etc., governmental orders, or
other circumstances beyond JHT control, and when safe, and
smooth tour operation according to the itinerary specified in
the Travel Contract has become impossible, or there is a valid
reason to believe that the tour cannot continue.
(3) When JHT cancels the Travel Contract in accordance with
Paragraph (1) mentioned above, it shall refund payment after
deducting the specified penalties from said payment or from
the deposit received from the client. When JHT cancels a tour
in conformity with Paragraph (2) mentioned above, it shall
return the full amount of the tour fare (or deposit) received
from the client.
14. Cancellation Charge (1) If a client cancels the Tour Contract for personal reasons,
the following cancellation rates will apply to the tour fare.
Clients remaining in the tour will incur the balance of
additional per room costs associated with the change in number
of participants.
The following applies to cancellations of the tour spaces:
Tour code of TM/TML/TA/TAR/TOL/TO/TS2L/TS2/TS1L/TS1
operated by JGL; H-2, HK-2/3/4, Q-2/3, HS-5/6 operated by
HTR.
Cancellation charge for the tours operated by JGL:
-8 or more days prior to the date: No charge.
-7 days to 2 days prior to the tour date: 10% of the tour fare.
-1 day prior to the tour date: 20% of the tour fare.
-Prior to the starting time of the tour: 50% of the tour fare.
-On or after the tour date: 100% of the tour fare.
Cancellation charge for the tours operated by HTR:
-8 or more days prior to the date: No charge.
-7 days to 2 days prior to the tour date: 10% of the tour fare.
-1 day prior to the tour date: 20% of the tour fare.
-On or after the tour date: 100% of the tour fare.
(2) In case of cancellation in booking via travel loan beyond
JHT responsibility, the above cancellation charges will apply.
(3) If a client fails to pay the tour fare by the designated date,
JHT will assume the client has canceled as of the following
day, and the cancellation charges specified above will apply.
15. Cancellation after Departure: 1. Cancellation by client
(1) When the client leaves the tour group for personal reasons,
JHT will consider it a forfeiture of contracted rights and claims
to any refund.
(2) If certain services cannot be provided as promised in the
Tour Contract for reasons beyond client responsibility, relevant
portions of the contract may be canceled, with an appropriate
refund deducted from the total tour fare.
2. Cancellation by JHT:
(1) JHT may cancel the Tour Contract for tours after the
departure date in the following cases:
(a) When the client is unable to continue the tour owing to
illness or other factors.
(b) When the client is seen to disturb the order or collective
activities of tour participants by disobeying tour conductor
instructions, or by behaving in a manner which otherwise
jeopardizes safety, and smooth tour operation.
(c) When the tour cannot continue owing to natural disaster,
weather conditions, civil unrest, labor disputes, suspension
of services by transportation or accommodation facilities,
governmental orders, or other causes beyond JHT control.
(2) Effect of cancellation and refund:
If JHT cancels the Tour Contract in accordance with the
Provision 2. (1) mentioned above, travel services rendered
to the client shall be deemed as having been completed, and
a refund from the tour fare shall be paid for services not yet
rendered. In cases where travel services are not rendered owing
to tour cessation, or services for which JHT has paid (or will
pay) expenses, cancellation charge, penalty, or etc., JHT will
refund only the balance thereof.
(3) When JHT cancels the Tour Contract for tours in
accordance with the Provision 2. (1) (a) and (c) mentioned
above, JHT shall, at the client’s expense, make necessary
arrangements as requested for return to point of departure.
16. Refund of Travel Costs Should JHT incur any liability to pay a refund to a client,
such as a tour fare reduction in accordance with Article 10,
and if either the client or JHT has canceled the Tour Contract
in accordance with Articles 12 through 15, JHT shall make
said refund within 7 days from the day following cancellation
when effecting refund before tour departure, and within 30
days, counting the day after the tour ends, as stipulated in the
contract, in cases when reduction or cancellation occur after
tour departure. However, should there be any expenses as
cancellation charges, penalties, etc. which JHT has already paid
or will have to pay for services not provided because of tour
cancellation, said expenses shall be borne by the client.
17. Tour Conductors (1) Tour conductors shall be licensed as authorized by the
Guide Business Act and generally referred to in the contract as
an “English-speaking guide.”
(2) Tour itineraries which specify “to be escorted by Englishspeaking
guide” will provide such accompaniment as a general
rule. The English-speaking guide shall ensure the safety of
clients and smooth operation of the tour as stipulated in the
Travel Contract. Clients shall obey the instructions of the
English-speaking guide so that the tour can proceed safely
and smoothly. Hours during which the English-speaking guide
renders services shall, in principle, be from 8:00 to 20:00.
In certain tour itineraries, from departure to completion, an
English-speaking guide shall be provided only at sightseeing
destinations.
(3) An English-speaking guide shall not accompany clients
on individual-type tours. Clients joining such tours will be
responsible for procuring the desired services after being
provided with travel coupons and/or tickets by JHT.
(4) In cases where travel services must be altered owing to
inclement weather or other conditions during unaccompanied
portions of tour, clients shall be responsible for arranging the
required services on their own behalf.
18. Responsibility Tour code of TM/TML/TA/TAR/TOL/TO/TS2L/TS2/
TS1L/TS1 operated by JGL; H-2, HK-2/3/4, Q-2/3, HS-5/6
operated by HTR.
Responsibility (JGL/HTR) JGL/HTR shall assume liability for damages incurred by
the clients due to wilful or negligent acts on the part of JGL/
HTR or its agent in charge of tour arrangements during the
course of execution of the travel contract. With respect to
compensation for damages to baggage, the maximum amount
shall be ¥150,000 per person, and said compensation shall
be made only when such damages are reported to JGL/HTR
within 14 days from the day on which such damages have
occurred. JGL/HTR shall not be liable for damages incurred
by the client due to such reasons as natural disaster, war,
disturbances, accident, fire, acts of government, and alteration
or cancellation of tour itinerary due to such causes, accidents
occurring during clients’ free activities, food poisoning, theft,
delays, stoppages, alteration of schedule and route in relation
to transportation facilities, congestion of traffic, and any cause
beyond the control of JGL/HTR and/or agents in charge of tour
arrangements.
19. Special Indemnifications 1. In accordance with the JHT Organized Tour Contract, JHT
shall pay compensation, or provide condolence money to the
client in the event of death or significant bodily harm and/or
pay compensation money for damage to baggage, which is
either coincidental with or due to extenuating circumstances
encountered during the Organized Tour, regardless of JHT’s
responsibility as stipulated in Article 18.
2. JHT shall not pay compensation or provide condolence
money as stipulated in 1. of this Article when damages result
from the client’s willful negligence, driving while intoxicated
and/or illness. The same restriction applies should the client
engage in such dangerous sports and activities as skydiving,
luge, bobsledding, hang-gliding (motordriven or otherwise),
giro-planing, mountain climbing (using such specialized
tools as picks), go-carting, snow-mobiling, and others not
included in the Organized Tour and engaged in during a
client’s free time.
3. Except for articles listed as exempted from JHT
responsibility as specified in JHT terms and conditions, the
following items are also exempted from JHT responsibility.
Jewelry/precious metals (excluding those used for practical
every day use such as wrist watches and glasses), personal
computers/word processors and accessories, data and similar
items, drivers licenses, visas, deposit receipts (including
bankbooks and bank cards) and similar articles, and equipment for windsurfing, scuba diving, surfing or similar sports.
4. In case JHT incurs both the duty to pay compensation as
stipulated in 1. of this Article and to indemnify client for
damages in accordance with Article 18, both shall be regarded
as “already executed” within their amount limits when any one
of the above duties is satisfied.
20. Liability of Client JHT shall require the client to indemnify JHT for losses
sustained owing to a client’s willful negligence, fault, conduct
against public order and good manners, or breach of provisions
in the JHT Organized Tour Contract.
21. Special Compensation
Special Compensation (JGL/HTR) Regardless of whether or not JGL/HTR assumes liability,
JGL/HTR shall pay compensation and monetary tokens of
sympathy, as specified under the special provisions of the
General Terms and Conditions of JGL/HTR Organized Tours
Contract, for the death or certain damages to body incurred by
the clients in the course of the organized tour. In case of JGL/
HTR assuming liability for damages under the provisions in
the forementioned paragraph, the amount to be paid thereunder
shall be reduced by the amount equal to the compensation paid
by JGL/HTR under the provision of the special compensation.
JGL/HTR reserves the right to cancel or alter the travel contract
pursuant to its General Terms and Conditions for tours.
| CHANGES FOR WHICH JHT SHALL PAY COMPENSATION |
Amount of compensation for changes - Tour fare x the following percentage per incident |
| If the client is notified by the day prior to start of tour: |
If the client is notified after start of tour: |
| (1) Change in tour departure or termination date as specified in tour brochures: |
1.5% |
3.0% |
| (2) Changes in destination or entry to tourist spots and/or facilities (including restaurants) stated in tour brochures: |
1.0% |
2.0% |
| (3) Changes in grade or equipment of transport facilities as stated in tour brochures to those of lower cost (only when the total price after change becomes less than stated in the Tour Contract.): |
1.0% |
2.0% |
| (4) Changes in transport vehicles or of the company operating them as stated in tour brochures: |
1.0% |
2.0% |
| (5) Change in accommodation facilities or the name of the company operating them as stated in tour brochures: |
1.0% |
2.0% |
| (6) Change in type of rooms at hotels, etc., their facilities, or view as stated in tour brochures: |
1.0% |
2.0% |
| (7) Regarding changes in items (1) through (6) above as related to the tour title in brochures, these rates shall apply instead of those for the above items: |
2.5% |
5.0% |
Notes:
- “One incident” represents one train ride, one automobile ride or one boat ride in the case of transportation; one overnight stay in the case of accommodations; and one change in each of the applicable items involving other services.
- If multiple changes as stated in (4) to (6) above occur during one train, automobile or boat ride, or one overnight stay, they will be regarded as a single alteration.
- Only one rate shall apply for changes as stated in (7) as above.
|
22. Itinerary Booking Guarantee (1) Should major changes occur in the Tour Contract contents
as stated in the lefthand column of the accompanying table
(except for changes mentioned in 1 through 3 below), JHT
shall calculate compensation money by multiplying tour fares
by the rate indicated in the righthand column of the table, and
refund the client within 30 days from the day after the tour
ends. However, if it is evident that liability as set forth in (1)
of Article 18 occurs owing to said changes, JHT shall pay the
amount not as compensation for changes but as either a portion
or total amount of indemnification for damages.
1) JHT shall not pay compensation for changes when they
occur for the following reasons (however, compensation
shall be paid in the event of shortage, even when services are
provided, such as for seats, rooms and other facilities):
(a) Bad weather and natural disasters which hinder the tour
itinerary.
(b) War.
(c) Civil unrest.
(d) Governmental orders.
(e) Suspension of services involving transportation,
accommodations, etc., such as cancellation, interruption,
cessation, etc.
(f) Provision of transport services different from the original
schedule, owing to delays or changes in operation schedules.
(g) Necessary measures to prevent tour participant death or
bodily harm.
2) Should cancellation in the Tour Contract be made
in accordance with Articles 12 through 15, and should
changes occur in such canceled portions, JHT shall not pay
compensation.
3) Even if major changes occur in the Tour Contract contents, as
stated in the accompanying table, JHT shall not pay compensation
if they are changes in the Final Tour Itinerary, and the changes are
within the scope of services stated in tour brochures.
(2) Regardless of Item (1) mentioned above, the maximum
amount of compensation for changes paid by JHT under one
organized Tour Contract shall be the tour fare multiplied by
15 percent. This money will not be paid, however, if the total
amount is less than ¥1,000.
(3) When the situation warrants, JHT shall indemnify the client
by offering economic benefits equivalent to compensation
money, or damage indemnification instead of cash payment, if
the client so agrees.
(4) If, after JHT has compensated for changes made in
accordance with Provision (1) mentioned above, it becomes
evident that JHT is responsible for the changes as stated in
Article 18, Provision (1), JHT shall pay the client for the
damages mentioned in Article 18 after deducting the sum
already paid under the terms of Provision (1) mentioned above.
23. Correspondence Contract When we receive an application from a credit cardholder
(hereinafter referred to as a “member”) of a credit company
we deal with, based on the conditions of “receiving payment
of travel charges, cancellation fees, etc., without the signature
of the member” (hereinafter referred to as a correspondence
contract), travel conditions are different from the ordinary
travel conditions in the cases listed below. (Some travel
agencies may not be able to handle this type of application. The
types of cards that are handled vary among travel agencies.)
(1) A contract shall be based on “travel business-related
stipulations that are used for conclusion of a travel contract by
correspondence means contract.”
(2) A contract shall be concluded at a time we consent when
an application is handled by telephone, and when we issue a
notification of our consent in the case of other communications
methods. At the time of application, information regarding the
“member’s number, card expiration date,” etc., shall be provided.
(3) A “card usage date” shall be the day of payment or
repayment of travel charge, etc. The card usage date for travel
charges shall be the “date when a contract is concluded.”
The card usage date for cancellations fees shall be “the day
cancellation of a contract is requested.” (When a request for
cancellation is made on or after the card usage date for travel
charges, repayment shall be made within 7 days from the day
after the request.)
(4) When payment cannot be made using the credit card the
member used to make the reservation for credit reasons, etc.,
we shall cancel the Correspondence Contract, and be entitled
to cancellation fees in the same amount as mentioned above, as
payment for damage caused by a breach of contract. However,
this shall not apply if travel charges are paid in cash by a date
we designate separately.
24. Privacy Policies JHT and its entrusted travel agencies listed in the Sales Office
column will use the personal information provided in the tour
application forms only for communicating with clients and for
arranging transportation and accommodations to provide the
services request by the client.
25. Standard of Tour Conditions and Fares All the tour fares are effective from January l, 2009 to
December 31, 2009 unless otherwise specified in the tour
description
26. Others (1) The client shall pay the expenses incurred when he or
she asks for the personal accompaniment of a tour conductor
for such purposes as acting as a guide, shopping, etc., costs
arising from client injury or illness, the return of lost baggage
or articles left behind owing to personal negligence, as well as
changes incurred by independent activity.
(2) The client shall accept all responsibility for decisions
regarding individual purchases at souvenir shops even when
said shops are introduced by JHT or its local tour operators.
(3) Even if Mt. Fuji and others are invisible due to the weather
conditions, the tour will not be canceled or tour fee will not be
refunded.
(4) Other matters are subject to the JHT Tour Contract,
including related tour documents presented separately.
(5) Clients who require special attention for reasons of which
JHT could not be aware such as allergies, previous illnesses,
chronic diseases and so on, shall notify and discuss this matter
with JHT before submitting the tour application.
(6) This Travel Contract between the client and JHT shall be
governed by and construed in accordance with the laws of Japan.
(7) Any questions arising out of this Contract, or any
matters not stipulated herein shall be settled each time
upon consultation between the client and JHT. Should the
consultation fail to reach a mutual agreement, the matter shall
be submitted to the exclusive jurisdiction of the Tokyo District
Court of Japan for the settlement.
(8) These tour conditions represent the English translation of
part of the General Terms and Conditions of the Japan Holiday
Tours Organized Tour Contract as approved by Japan's
Ministry of Land, Infrastructure and Transport.
(9) The original text was written in Japanese. The English
translation has been prepared by Japan Holiday Tours. If any
discrepancies should arise between the Japanese and English
texts, the former shall prevail at all times. |
|