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. [Tours operated by Japan Gray Line/Nippon Travel Agency/ Hankyu Travel International]
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/TA/TAR/ TO/TOL/ TS1/TS1L/TS2/TS2L/TS3/TS3L/TS4L/TS5L/TS6L are operated by Japan Gray Line Co., Ltd., (Licensed Travel Agency No.35) hereinafter referred to as JGL, KM/KA-2/NM/KA/NK/H-2/HK-2/HK-3/HK-4/HK-6/HK-16 are operated by Nippon Travel Agency Co., Ltd., (Licensed Travel Agency No. 2) hereinafter referred to as NTA, OA-4/ OB-4/OC-4 are operated by Hankyu Travel International Co., Ltd., (Licensed Travel Agency No. 43) 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 Gray Line Co., Ltd. Address: 14-6, Kojimachi 2-chome, Chiyoda-ku, Tokyo 102-0083 Commissioner of Japan Tourism Agency Registered Travel Agency No. 35 Takao Toyama - Certified Travel Service Supervisor * Nippon Travel Agency Co., Ltd. Address:19-1, Nihombashi 1-chome, Chuo-ku, Tokyo 103-8266 Commissioner of Japan Tourism Agency Registered Travel Agency No. 2 Makoto Uchida - Executive Officer, General Manager * Hankyu Travel International Co., Ltd. Address: KHD Tokyo Building, 3-9, Shimbashi 3-chome, Minato-ku, Tokyo 105-0004 Commissioner of Japan Tourism Agency Registered Travel Agency No. 43 Keigo Uochi - 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. Clients under 15 years of age must be accompanied by a parent or 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/TA/TAR/TO/TOL/TS1/TS1L/TS2/TS2L/TS3/TS3L/TS4L/TS5L/TS6L 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 minibus 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 itinerary. * 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. KM/KA-2/NM/KA/NK/H-2/HK-2/HK-3/HK-4/HK-6/HK-16 operated by NTA. 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. KM/KA-2/NM/KA/NK * Railways: Reserved tourist class seats are used on Kintetsu Express Train from Kyoto to Nara and vice versa. * Sightseeing & Excursions: For Kyoto tour, public city bus will be used to move from Kyoto Station to Higashiyama area. Then tour starts on foot to visit the places in the tour itinerary. For Nara tour, Kintetsu express train will be used to travel from Kyoto to Nara and vice versa. In Nara, sightseeing will be on foot to visit the places in the tour itinerary. For Fushimi & Uji tour,JR line will be used to move from Kyoto Station to Fushimi and Uji. The tour starts on foot to visit the places in the itinerary. For Arashiyama tour, JR line will be used to travel from Kyoto Station to Saga Arashiyama station. In Arashiyama area, sightseeing will be on foot to visit the places in the itinerary. * Admission: To all points of interest in each escort service. * Escort Service: English-speaking guide services are provided during sightseeing. * Tax: The Consumption Tax. * Remarks: In principle, NTA will not make refunds for the above fare even if clients choose not to use the relevant services. Clients are requested to assemble at Kyoto Station by your own arrangements. Pick up service at hotels are not available. H-2/HK-2/HK-3/HK-4//HK-6/HK-16 * 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. * Sightseeing & Excursions: By sedan, van, taxi, motor coach and/or sightseeing boat on a seat-sharing basis, plus admission to all points specified in the itinerary. 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 motor coach on a seat-sharing basis. A sedan, van or taxi may be used when the total number of participants is small. * Escort services for H-2/HK-2/HK-3/HK-4/HK-6 : English-speaking guide for sightseeing and excursions will be provided. For long transfers involving Shinkansen (Bullet Train), taxi or motor coach, a conductor or guide will not accompany the tour. An English-speaking assistant will be provided for pickup and meeting services except when the pick-up/return services is by taxi. A tour guide will not accompany you for transfer service from Hakone Town to the hotel in Hakone. * Escort services for HK-16 : English-speaking guide for sightseeing and excursions on the Day 2,3,and 10. An English-speaking assistant will be provided on the Day 4 at Nagano station and on the Day12 from hotel in Kyoto until Shin-Imamiya station. During other itinerary and transfer, a conductor or guide will not accompany the tour. * Gratuities: Gratuities to hotel servants, porters and chauffeurs. * Tax: The Consumption Tax. * Remarks: In principle, NTA will not make refunds for the above fares even if clients choose not to use the relevant services. C. OA-4, OB-4, OC-4 operated by HTR 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 the itinerary. * Transfers: By public bus between Naha Airport and your hotel on a seatsharing basis. * Escort services: English-speaking assistant only for help to purchase public bus tickets at Naha Airport. The assistant will not accompany you between Naha Airport and your hotel. * Gratuities: Gratuities to hotel servants and porters. * 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/TA/TAR/TO/TOL/TS1/TS1L/TS2/TS2L/TS3/TS3L/TS4L/TS5L/TS6L 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 for pick-up and return service for operational reasons (for example, if a taxi is used).
B. KM/KA-2/NM/KA/NK/H-2, HK-2/3/4, HK-6, HK-16 operated by NTA KM/KA-2/NM/KA/NK Pick up services from hotels. Meals and beverage, luggage handling or transfer and any other expenses of a personal nature. Charges and expenses other than those specified in the preceding article are not included either. H-2, HK-2/3/4, HK-6, HK-16 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 and during transfer using taxi and other public transportations except HK-16 on the Day12.
(6) Luggage transfer by separate truck except HK-16 (please refer to the preceding article) C. OA-4, OB-4, OC-4 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, airport taxes, and fuel surcharges.
(3) Excess baggage.
(4) Any other expenses, not mentioned on the itinerary.
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 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/TA/TAR/TO/TOL/TS1/TS1L/TS2/TS2L/ TS3/TS3L/TS4L/TS5L/TS6L operated by JGL; KM/KA-2/NM/KA/NK operated by NTA ; OA-4, OB-4, OC-4 operated by HTR. Cancellation charge for the tours operated by JGL/NTA: -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: -15 or more days prior to the tour date: No charge. -14 days to 4 days prior to the tour date: 20% of the tour fare. -3 days to 1 day prior to the tour date: 30% of the tour fare. -On or after the tour date: 100% of the tour fare. Cancellation charge for the tour code of H-2, HK-2/3/4, HK-6, HK-16 operated by NTA -11 or more days prior to the tour date: No charge. -10 days to 4 days prior to the tour date: 20% of the tour-3 days to 1 day prior to the tour date: 100% 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.
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/TA/TAR/ TO/TOL/ TS1/TS1L/TS2/TS2L/TS3/TS3L/TS4L/TS5L/TS6L are operated by Japan Gray Line Co., Ltd., (Licensed Travel Agency No.35) hereinafter referred to as JGL, KM/KA-2/NM/KA/NK/H-2/HK-2/HK-3/HK-4/HK-6/HK-16 are operated by Nippon Travel Agency Co., Ltd., (Licensed Travel Agency No. 2) hereinafter referred to as NTA, OA-4/ OB-4/OC-4 are operated by Hankyu Travel International Co., Ltd., (Licensed Travel Agency No. 43) 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 Gray Line Co., Ltd. Address: 14-6, Kojimachi 2-chome, Chiyoda-ku, Tokyo 102-0083 Commissioner of Japan Tourism Agency Registered Travel Agency No. 35 Takao Toyama - Certified Travel Service Supervisor * Nippon Travel Agency Co., Ltd. Address:19-1, Nihombashi 1-chome, Chuo-ku, Tokyo 103-8266 Commissioner of Japan Tourism Agency Registered Travel Agency No. 2 Makoto Uchida - Executive Officer, General Manager * Hankyu Travel International Co., Ltd. Address: KHD Tokyo Building, 3-9, Shimbashi 3-chome, Minato-ku, Tokyo 105-0004 Commissioner of Japan Tourism Agency Registered Travel Agency No. 43 Keigo Uochi - 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. Clients under 15 years of age must be accompanied by a parent or 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/TA/TAR/TO/TOL/TS1/TS1L/TS2/TS2L/TS3/TS3L/TS4L/TS5L/TS6L 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 minibus 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 itinerary. * 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. KM/KA-2/NM/KA/NK/H-2/HK-2/HK-3/HK-4/HK-6/HK-16 operated by NTA. 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. KM/KA-2/NM/KA/NK * Railways: Reserved tourist class seats are used on Kintetsu Express Train from Kyoto to Nara and vice versa. * Sightseeing & Excursions: For Kyoto tour, public city bus will be used to move from Kyoto Station to Higashiyama area. Then tour starts on foot to visit the places in the tour itinerary. For Nara tour, Kintetsu express train will be used to travel from Kyoto to Nara and vice versa. In Nara, sightseeing will be on foot to visit the places in the tour itinerary. For Fushimi & Uji tour,JR line will be used to move from Kyoto Station to Fushimi and Uji. The tour starts on foot to visit the places in the itinerary. For Arashiyama tour, JR line will be used to travel from Kyoto Station to Saga Arashiyama station. In Arashiyama area, sightseeing will be on foot to visit the places in the itinerary. * Admission: To all points of interest in each escort service. * Escort Service: English-speaking guide services are provided during sightseeing. * Tax: The Consumption Tax. * Remarks: In principle, NTA will not make refunds for the above fare even if clients choose not to use the relevant services. Clients are requested to assemble at Kyoto Station by your own arrangements. Pick up service at hotels are not available. H-2/HK-2/HK-3/HK-4//HK-6/HK-16 * 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. * Sightseeing & Excursions: By sedan, van, taxi, motor coach and/or sightseeing boat on a seat-sharing basis, plus admission to all points specified in the itinerary. 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 motor coach on a seat-sharing basis. A sedan, van or taxi may be used when the total number of participants is small. * Escort services for H-2/HK-2/HK-3/HK-4/HK-6 : English-speaking guide for sightseeing and excursions will be provided. For long transfers involving Shinkansen (Bullet Train), taxi or motor coach, a conductor or guide will not accompany the tour. An English-speaking assistant will be provided for pickup and meeting services except when the pick-up/return services is by taxi. A tour guide will not accompany you for transfer service from Hakone Town to the hotel in Hakone. * Escort services for HK-16 : English-speaking guide for sightseeing and excursions on the Day 2,3,and 10. An English-speaking assistant will be provided on the Day 4 at Nagano station and on the Day12 from hotel in Kyoto until Shin-Imamiya station. During other itinerary and transfer, a conductor or guide will not accompany the tour. * Gratuities: Gratuities to hotel servants, porters and chauffeurs. * Tax: The Consumption Tax. * Remarks: In principle, NTA will not make refunds for the above fares even if clients choose not to use the relevant services. C. OA-4, OB-4, OC-4 operated by HTR 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 the itinerary. * Transfers: By public bus between Naha Airport and your hotel on a seatsharing basis. * Escort services: English-speaking assistant only for help to purchase public bus tickets at Naha Airport. The assistant will not accompany you between Naha Airport and your hotel. * Gratuities: Gratuities to hotel servants and porters. * 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/TA/TAR/TO/TOL/TS1/TS1L/TS2/TS2L/TS3/TS3L/TS4L/TS5L/TS6L 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 for pick-up and return service for operational reasons (for example, if a taxi is used).
B. KM/KA-2/NM/KA/NK/H-2, HK-2/3/4, HK-6, HK-16 operated by NTA KM/KA-2/NM/KA/NK Pick up services from hotels. Meals and beverage, luggage handling or transfer and any other expenses of a personal nature. Charges and expenses other than those specified in the preceding article are not included either. H-2, HK-2/3/4, HK-6, HK-16 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 and during transfer using taxi and other public transportations except HK-16 on the Day12.
(6) Luggage transfer by separate truck except HK-16 (please refer to the preceding article) C. OA-4, OB-4, OC-4 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, airport taxes, and fuel surcharges.
(3) Excess baggage.
(4) Any other expenses, not mentioned on the itinerary.
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 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/TA/TAR/TO/TOL/TS1/TS1L/TS2/TS2L/ TS3/TS3L/TS4L/TS5L/TS6L operated by JGL; KM/KA-2/NM/KA/NK operated by NTA ; OA-4, OB-4, OC-4 operated by HTR. Cancellation charge for the tours operated by JGL/NTA: -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: -15 or more days prior to the tour date: No charge. -14 days to 4 days prior to the tour date: 20% of the tour fare. -3 days to 1 day prior to the tour date: 30% of the tour fare. -On or after the tour date: 100% of the tour fare. Cancellation charge for the tour code of H-2, HK-2/3/4, HK-6, HK-16 operated by NTA -11 or more days prior to the tour date: No charge. -10 days to 4 days prior to the tour date: 20% of the tour-3 days to 1 day prior to the tour date: 100% 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.
| CHANGES FOR WHICH JHT SHALL PAY COMPENSATION COMPENSATION | Amount of compensation for changes - Tour fare x | |
| If the client is notified by the day prior to start of tour: | IIf 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: 1. “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. 2. 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. 3. Only one rate shall apply for changes as stated in (7) as above. | ||
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 English-speaking 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/TA/TAR/TO/TOL/TS1/TS1L/TS2/TS2L/ TS3/TS3L/TS4L/TS5L/TS6L operated by JGL; KM/KA-2/NM/KA/NK, H-2, HK-2/3/4, HK-6, HK-16 operated by NTA; OA-4, OB-4, OC-4 operated by HTR. Responsibility (JGL/NTA/HTR) JGL/NTA/HTR shall assume liability for damages incurred by the clients due to wilful or negligent acts on the part of JGL/NTA/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 (JPY)150,000 per person, and said compensation shall be made only when such damages are reported to JGL/NTA/HTR within 14 days from the day on which such damages have occurred. JGL/NTA/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/NTA/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), gyroplaning, mountain climbing (using such specialized tools as picks), gocarting, 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 (JGL/NTA/HTR) Regardless of whether or not JGL/NTA/HTR assumes liability, JGL/NTA/HTR shall pay compensation and monetary tokens of sympathy, as specified under the special provisions of the General Terms and Conditions of JGL/NTA/ 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/ NTA/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/NTA/HTR under the provision of the special compensation. JGL/NTA/HTR reserves the right to cancel or alter the travel contract pursuant to its General Terms and Conditions for tours.
22. Itinerary Booking Guarantee
(1) Should major changes occur in the Tour Contract contents as stated in the left-hand 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 right-hand column of the table, and refund to 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 (JPY)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 1, 2016 to December 31, 2016 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, Transport and Tourism.
(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.
[Tours operated by 1 TOBU TOP TOURS CO., LTD.]
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 TGR is operated by TOBU TOP TOURS CO., LTD. (Licensed Travel Agency No. 38), hereinafter referred to as TOBU TOP TOURS CO., LTD. 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. * TOBU TOP TOURS CO., LTD. CO., LTD Nishi-Shinjuku, Kimuraya Bldg, 16F 7-5-25 Nishi Shinjuku, Shinjuku-ku, Tokyo 160-0023, Japan Phone: +81 (03)5348-2745/Fax:+81(03)5348-3799 CONTACT PERSON: Hitoshi Takeo E-mail: hiroshi_takeo@tobutoptours.co.jp
(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
(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) TOBU TOP TOURS CO., LTD. may accept applications for travel contracts by telephone, mail, facsimile and other means of communication. All information that a client provides to TOBU TOP TOURS CO., LTD. is strictly confidential, and used only for arranging his/her plan.
(3) The Travel Contract shall become valid upon acceptance by TOBU TOP TOURS CO., LTD. and full payment shall be made within 5 business days after a client’s reservation is confirmed, or a reservation can be automatically voided.
3. Special Conditions of Tour Application
(1) Clients under 18 years of age must be accompanied by a parent or guardian (TOBU TOP TOURS CO., LTD.).
(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 also refuse client participation in the tour for operational reasons.
4. Contract Document and Final 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 *Minimum number of participants required for the tour is 2 adults. If one 18 or over aged client with one under 18 aged client would apply to TOBU TOP TOURS CO., LTD. related tours, in respect of accommodation fare only, adult fare is applicable towards under 18 aged client.
(1) 18 or over aged clients shall be charged the “adult fare.”
(2) 12-17 aged clients shall be charged the “youth fare.”
(3) 6-11 aged clients shall be charged the “child fare.”
(4) 4 & 5 years of aged clients shall be charged the “preschooler fare.”
(5) 3 years or younger of aged clients are NOT charged unless requesting special needs/arrangement.
(6) 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 TSA * Exchange Ticket for TOKYO SKYTREE TEMBO DECK (350m) * Tobu Railway Section-limited 1day Pass * Exchange Ticket for Sumida Aquarium (Located in Tokyo Skytree Town) HTW * Japanese-style Confection Making Experience * Railroad Fare (RT) * Boat Tour (20 min.) * Lunch at Tochigi Grand Hotel * Walking Map (English written)
8. 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.
9. 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.
10. 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.
11. Cancellation of Travel Contract by the Client
(1) A client is allowed to make a cancellation at any time by following and with NOT violating the cancellation policy of TOBU TOP TOURS CO., LTD. *based on the departure/attending date * 8 or more days prior to the date: NO CHARGE * 7 days to 2 days prior the tour date: 10% * 1 day prior to the tour date: 20% * On the tour date / No show: 100
(2) A client must note that change of the departure date, plans, and/or decline in the number of participants for his/her convenience is/are defined as cancellation in terms of our cancellation policy.
(3) The charge applies regardless of a client’s actual payment, by fairly following above, once his/her reservation is confirmed.
(4) We shall accept a client’s request of cancellation during our office hours ONLY: Monday through Friday: 10:00 a.m. through 6:30 p.m.
(5) If a client requests his/her cancellation on either or both on Saturday and/ or Sunday/Japan’s public holidays, the day of his/her request of cancellation is considered as NEXT BUSINESS DAY.
(6) If a client violates a due date for payment without any notification, his/her reservation is automatically cancelled, and when cancellation charge incurs, he/she must pay towards his/her violation to our policy.
(7) In any following cases, a 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 condition, 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.
12. 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 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.
13. Cancellation Charge
(1) A client is allowed to make a cancellation at any time by following and with NOT violating the cancellation policy of TOBU TOP TOURS CO., LTD. The following applies to cancellation of the tour spaces: * 8 or more days prior to the date: NO CAHRGE * 7 days to 2 days prior the tour date: 10% * 1 day prior to the tour date: 20% * On the tour date / No show: 100
(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.
14. 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 o f 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.
15. 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.
16. 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 English-speaking 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.
17. Responsibility TOBU TOP TOURS CO., LTD. shall assume liability for damages incurred by the clients due to wilful or negligent acts on the part of TOBU TOP TOURS CO., LTD. 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 (JPY)150,000 per person, and said compensation shall be made only when such damages are reported to TOBU TOP TOURS CO., LTD. within 14 days from the day on which such damages have occurred. TOBU TOP TOURS CO., LTD. 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 TOBU TOP TOURS CO., LTD. and/or agents in charge of tour arrangements.
18. 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), gyroplaning, mountain climbing (using such specialized tools as picks), gocarting, 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.
19. 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.
20. Many of problems, Which TOBU TOP TOURS CO., LTD. CAN NOT Held Responsible for, Can Be Insured Against. TOBU TOP TOURS CO., LTD. highly recommends that a client takes out insurance to provide adequate cover for medical expenses and personal accident. A client is responsible to finance on the spot medical treatment and other contingencies, and then to reclaim this from TOBU TOP TOURS CO., LTD., if covered. A client will be required to provide documentation to TOBU TOP TOURS CO., LTD. to facilitate a claim. Please note that there are exclusions to coverage of insurance. It is the responsibility of TOBU TOP TOURS CO., LTD. to be familiar with the insurance coverage purchased and ensure that the coverage meets your travel needs. Insurance has been purchased and paid for in full as soon as the reservation is made to become fully effective.
21. Itinerary Booking Guarantee
(1) Should major changes occur in the Tour Contract contents as stated in the left-hand 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 right-hand column of the table, and refund to 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 (JPY)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.
22. 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.
23. Privacy Policy TOBU TOP TOURS CO., LTD. is committed to a client’s privacy. TOBU TOP TOURS CO., LTD. promises that his/her personal information is strictly confidential and use it only as he/she wants to. This Privacy Policy is not a contract and does not create any legal rights, yet, it does serve as an expression of our commitment to protecting private personal information.
(1) Personal Information: TOBU TOP TOURS CO., LTD. may collect personal information when a client registers or otherwise voluntarily provides such information including, but is not limited to: name / address (permanet address and/or current address) / date of birth / telephone number / e-mail address / gender / passport number / Allergy / Credit Card number / Emergency contact information.
(2) Disclosure of Information: We will not sell, rent, share or otherwise reveal a client’s personal information to any third party except: (a) Make a travel arrangement or procure a service that is part of a trip (b) When required by law (c) When an adult client has agreed to the disclosure (d) To protect or defend legal rights of TOBU TOP TOURS CO., LTD. or clients’ rights in furtherance of an investigation regarding a breach of privacy policy, or any illegal activities concerning by following Japan’s law. (a) General Privacy Information If, after providing a client’s personal information, he/she opts to discontinue using services of TOBU TOP TOURS CO., LTD., he/she may contact TOBU TOP TOURS CO., LTD. and request to remove his/her personal information from the servers. Similarly, if a client’s information is outdated and he/she wants to update one, let TOBU TOP TOURS CO., LTD. know and will promptly update one.
(3) Revision Please note that this Privacy Policy may change from time to time, yet most such changes will be minor expectedly. Nonetheless, TOBU TOP TOURS CO., LTD. will post any policy changes on the page (www.tobutoptours.com/en). TOBU TOP TOURS CO., LTD. retains the right to amend or changes this Privacy Statement at any time.
24. Standard of Tour Conditions and Fare All the tour fares are effective from January 1, 2016 to December 31, 2016 unless otherwise specified in the tour description.
25. 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, Transport and Tourism.
(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.
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 English-speaking 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/TA/TAR/TO/TOL/TS1/TS1L/TS2/TS2L/ TS3/TS3L/TS4L/TS5L/TS6L operated by JGL; KM/KA-2/NM/KA/NK, H-2, HK-2/3/4, HK-6, HK-16 operated by NTA; OA-4, OB-4, OC-4 operated by HTR. Responsibility (JGL/NTA/HTR) JGL/NTA/HTR shall assume liability for damages incurred by the clients due to wilful or negligent acts on the part of JGL/NTA/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 (JPY)150,000 per person, and said compensation shall be made only when such damages are reported to JGL/NTA/HTR within 14 days from the day on which such damages have occurred. JGL/NTA/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/NTA/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), gyroplaning, mountain climbing (using such specialized tools as picks), gocarting, 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 (JGL/NTA/HTR) Regardless of whether or not JGL/NTA/HTR assumes liability, JGL/NTA/HTR shall pay compensation and monetary tokens of sympathy, as specified under the special provisions of the General Terms and Conditions of JGL/NTA/ 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/ NTA/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/NTA/HTR under the provision of the special compensation. JGL/NTA/HTR reserves the right to cancel or alter the travel contract pursuant to its General Terms and Conditions for tours.
22. Itinerary Booking Guarantee
(1) Should major changes occur in the Tour Contract contents as stated in the left-hand 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 right-hand column of the table, and refund to 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 (JPY)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 1, 2016 to December 31, 2016 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, Transport and Tourism.
(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.
[Tours operated by 1 TOBU TOP TOURS CO., LTD.]
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 TGR is operated by TOBU TOP TOURS CO., LTD. (Licensed Travel Agency No. 38), hereinafter referred to as TOBU TOP TOURS CO., LTD. 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. * TOBU TOP TOURS CO., LTD. CO., LTD Nishi-Shinjuku, Kimuraya Bldg, 16F 7-5-25 Nishi Shinjuku, Shinjuku-ku, Tokyo 160-0023, Japan Phone: +81 (03)5348-2745/Fax:+81(03)5348-3799 CONTACT PERSON: Hitoshi Takeo E-mail: hiroshi_takeo@tobutoptours.co.jp
(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
(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) TOBU TOP TOURS CO., LTD. may accept applications for travel contracts by telephone, mail, facsimile and other means of communication. All information that a client provides to TOBU TOP TOURS CO., LTD. is strictly confidential, and used only for arranging his/her plan.
(3) The Travel Contract shall become valid upon acceptance by TOBU TOP TOURS CO., LTD. and full payment shall be made within 5 business days after a client’s reservation is confirmed, or a reservation can be automatically voided.
3. Special Conditions of Tour Application
(1) Clients under 18 years of age must be accompanied by a parent or guardian (TOBU TOP TOURS CO., LTD.).
(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 also refuse client participation in the tour for operational reasons.
4. Contract Document and Final 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 *Minimum number of participants required for the tour is 2 adults. If one 18 or over aged client with one under 18 aged client would apply to TOBU TOP TOURS CO., LTD. related tours, in respect of accommodation fare only, adult fare is applicable towards under 18 aged client.
(1) 18 or over aged clients shall be charged the “adult fare.”
(2) 12-17 aged clients shall be charged the “youth fare.”
(3) 6-11 aged clients shall be charged the “child fare.”
(4) 4 & 5 years of aged clients shall be charged the “preschooler fare.”
(5) 3 years or younger of aged clients are NOT charged unless requesting special needs/arrangement.
(6) 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 TSA * Exchange Ticket for TOKYO SKYTREE TEMBO DECK (350m) * Tobu Railway Section-limited 1day Pass * Exchange Ticket for Sumida Aquarium (Located in Tokyo Skytree Town) HTW * Japanese-style Confection Making Experience * Railroad Fare (RT) * Boat Tour (20 min.) * Lunch at Tochigi Grand Hotel * Walking Map (English written)
8. 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.
9. 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.
10. 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.
11. Cancellation of Travel Contract by the Client
(1) A client is allowed to make a cancellation at any time by following and with NOT violating the cancellation policy of TOBU TOP TOURS CO., LTD. *based on the departure/attending date * 8 or more days prior to the date: NO CHARGE * 7 days to 2 days prior the tour date: 10% * 1 day prior to the tour date: 20% * On the tour date / No show: 100
(2) A client must note that change of the departure date, plans, and/or decline in the number of participants for his/her convenience is/are defined as cancellation in terms of our cancellation policy.
(3) The charge applies regardless of a client’s actual payment, by fairly following above, once his/her reservation is confirmed.
(4) We shall accept a client’s request of cancellation during our office hours ONLY: Monday through Friday: 10:00 a.m. through 6:30 p.m.
(5) If a client requests his/her cancellation on either or both on Saturday and/ or Sunday/Japan’s public holidays, the day of his/her request of cancellation is considered as NEXT BUSINESS DAY.
(6) If a client violates a due date for payment without any notification, his/her reservation is automatically cancelled, and when cancellation charge incurs, he/she must pay towards his/her violation to our policy.
(7) In any following cases, a 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 condition, 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.
12. 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 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.
13. Cancellation Charge
(1) A client is allowed to make a cancellation at any time by following and with NOT violating the cancellation policy of TOBU TOP TOURS CO., LTD. The following applies to cancellation of the tour spaces: * 8 or more days prior to the date: NO CAHRGE * 7 days to 2 days prior the tour date: 10% * 1 day prior to the tour date: 20% * On the tour date / No show: 100
(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.
14. 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 o f 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.
15. 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.
16. 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 English-speaking 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.
17. Responsibility TOBU TOP TOURS CO., LTD. shall assume liability for damages incurred by the clients due to wilful or negligent acts on the part of TOBU TOP TOURS CO., LTD. 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 (JPY)150,000 per person, and said compensation shall be made only when such damages are reported to TOBU TOP TOURS CO., LTD. within 14 days from the day on which such damages have occurred. TOBU TOP TOURS CO., LTD. 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 TOBU TOP TOURS CO., LTD. and/or agents in charge of tour arrangements.
18. 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), gyroplaning, mountain climbing (using such specialized tools as picks), gocarting, 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.
19. 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.
20. Many of problems, Which TOBU TOP TOURS CO., LTD. CAN NOT Held Responsible for, Can Be Insured Against. TOBU TOP TOURS CO., LTD. highly recommends that a client takes out insurance to provide adequate cover for medical expenses and personal accident. A client is responsible to finance on the spot medical treatment and other contingencies, and then to reclaim this from TOBU TOP TOURS CO., LTD., if covered. A client will be required to provide documentation to TOBU TOP TOURS CO., LTD. to facilitate a claim. Please note that there are exclusions to coverage of insurance. It is the responsibility of TOBU TOP TOURS CO., LTD. to be familiar with the insurance coverage purchased and ensure that the coverage meets your travel needs. Insurance has been purchased and paid for in full as soon as the reservation is made to become fully effective.
21. Itinerary Booking Guarantee
(1) Should major changes occur in the Tour Contract contents as stated in the left-hand 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 right-hand column of the table, and refund to 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 (JPY)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.
22. 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.
23. Privacy Policy TOBU TOP TOURS CO., LTD. is committed to a client’s privacy. TOBU TOP TOURS CO., LTD. promises that his/her personal information is strictly confidential and use it only as he/she wants to. This Privacy Policy is not a contract and does not create any legal rights, yet, it does serve as an expression of our commitment to protecting private personal information.
(1) Personal Information: TOBU TOP TOURS CO., LTD. may collect personal information when a client registers or otherwise voluntarily provides such information including, but is not limited to: name / address (permanet address and/or current address) / date of birth / telephone number / e-mail address / gender / passport number / Allergy / Credit Card number / Emergency contact information.
(2) Disclosure of Information: We will not sell, rent, share or otherwise reveal a client’s personal information to any third party except: (a) Make a travel arrangement or procure a service that is part of a trip (b) When required by law (c) When an adult client has agreed to the disclosure (d) To protect or defend legal rights of TOBU TOP TOURS CO., LTD. or clients’ rights in furtherance of an investigation regarding a breach of privacy policy, or any illegal activities concerning by following Japan’s law. (a) General Privacy Information If, after providing a client’s personal information, he/she opts to discontinue using services of TOBU TOP TOURS CO., LTD., he/she may contact TOBU TOP TOURS CO., LTD. and request to remove his/her personal information from the servers. Similarly, if a client’s information is outdated and he/she wants to update one, let TOBU TOP TOURS CO., LTD. know and will promptly update one.
(3) Revision Please note that this Privacy Policy may change from time to time, yet most such changes will be minor expectedly. Nonetheless, TOBU TOP TOURS CO., LTD. will post any policy changes on the page (www.tobutoptours.com/en). TOBU TOP TOURS CO., LTD. retains the right to amend or changes this Privacy Statement at any time.
24. Standard of Tour Conditions and Fare All the tour fares are effective from January 1, 2016 to December 31, 2016 unless otherwise specified in the tour description.
25. 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, Transport and Tourism.
(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.