- Tour Conditions
These tour conditions shall apply to ShikiNoTabi Tours, agent-organized tours organized by the companies listed in Article 2 below.
- Purpose of Tour Conditions
These tour conditions shall become a part of the explanatory documents of the terms and conditions stipulated in Article 12-4 and the contract documents stipulated in Article 12-5 of the Travel Agency Act.
- Agent-Organized Tour Contracts
- This is a tour planned and carried out by the travel company set out in the relevant Website or tour web pages (hereinafter referred to as the “Website”) (hereinafter referred to as the “Company”) among the companies listed below, ShikiNoTabi Tours and the clients who participate in this tour are required to conclude an agent-organized tour contract (hereinafter referred to as “Tour Contract”) with the Company.
- The Company undertakes tour arrangements and itinerary management so that clients can have travel
services including transportation, accommodation provided by transportation, and accommodation providers (hereinafter
referred to as “Tour Services”) in accordance with the tour itinerary determined by the Company.
- The terms and conditions of the Tour Contract are comprised of, the Website, these tour conditions, the final documents handed over before departure (hereinafter referred to as the “Final Tour
Itinerary”), and the section of the agent-organized tour contract in the standard terms and conditions of tour contracts
of the Company (hereinafter referred to as the “Company Terms and Conditions”).
3-1. Application for Tour and Time of Entry into Effect of Contract
- When applying, it is required to provide the necessary information together with the application deposit provided in the Website to the Company or our tour sales agents described in the “tour sales agent offices” section (hereinafter collectively referred to as the “Companies”). For our operational reasons, it may be required to fill the necessary information in our special form or dedicated window. At the time of the payment of the tour price, the application deposit will be used towards such payment. The Tour Contract comes into effect when the Companies agree to the conclusion of the contract and receives the application deposit.
- a) The Companies may accept reservation applications for Tour Contracts by telephone, mail, facsimile and other means of communication. In such cases, the contract does not come into effect at the time of the reservation. Clients are required to confirm the contents of the application and pay the application deposit within 3 days counting from the day after the day when the Companies notify the client of acceptance of the reservation. If the client does not pay the application deposit within this period, the Companies treat such applications as void.
- b) In the case of reservations made over the internet and payment at a tour sales office, it is required to confirm the contents of the application and pay the application deposit within 2 days counting from the day after the day when the Companies notify the client of acceptance of the reservation. If the client does not pay the application deposit within this period, the Companies treat such applications as void.
- Notwithstanding the provisions in Paragraph (1) above, if the contract is made by way of a Communications Contract set out in Article 24, the contract comes into effect as specified in Article 24 (3).
- When a person responsible for the contract as a representative of an organization or group applies for a tour, the Companies shall regard the representative as having all authorization to conclude or cancel the contract.
- The person responsible for the contracts shall provide the Companies with lists of the names of members by the date specified by the Companies.
- The Companies shall not assume any obligations or responsibilities which arose in the past or will arise in the future and are owed by the person responsible for the contracts to group members.
- In case the person responsible for the contract does not accompany the group, the Companies will regard one of the members appointed by such person in advance as the person responsible for the contract after the tour departure.
3-2. Special Contract regarding Handling of the Waitlist System
When a Tour Contract cannot be concluded due to full occupancy of seats or rooms or other reasons at booking and a client insists on proceeding with the booking, the Company may create a special contract with the client and conclude a Tour Contract when the Company becomes able to conclude the Tour Contract with the client (hereinafter referred to as the “Waitlist System”)
- If a client wants to take part in the Waitlist System, the Company shall confirm the waiting period during which the client can wait for the response of the Company (hereinafter referred to as the “Waiting Period”) and require the submission of the application and money equivalent to the application deposit. Please note at this point, the Tour Contract has not yet been completed and the Company does not guarantee the completion of the Tour Contract in the future.
- The Company shall reserve the money equivalent of the application deposit as mentioned in Paragraph (1) above as a deposit and when the Company becomes able to execute a Tour Contract with the client, the Company shall notify the client of acceptance of the conclusion of the Tour Contract and such money will be used as the application deposit.
- The Tour Contract comes into effect when the Company sends an acceptance notice of conclusion of the Tour Contract with the client as provided in Paragraph (2) above (but in the case of an electronic acceptance notice, when the notice reaches the client).
- The Company shall refund the full amount of the deposit when the Company is not able to accept the conclusion of a Tour Contract during the Waiting Period.
- If a client notifies the Company of his/her withdrawal from the Waitlist System before the Company notifies him/her of the acceptance of the Tour Contract during the Waiting Period, the Company shall refund a full amount of the deposit. In this case, the Company shall not charge a cancellation fee even if the client’s notice of withdrawal from the Waitlist System is made during the cancellation fee period.
- Conditions for Application
- Clients under 20 years of age must provide the Company with the written consent of their guardian. Clients under 15 years of age must be accompanied by a guardian.
- The Company may refuse participation if the client’s age, qualifications, skills or other conditions which the Companies specify do not conform to those designated for tours aimed at specific client categories or purposes.
- The Company may refuse participation if the Company finds that the client is a member of an organized crime group, a related person of an organized crime group, or part of any other socially dangerous force.
- The Company may refuse participation if the client makes a demand with violence or an unreasonable demand or uses intimidating words or actions in relation to transactions with the Companies.
- The Company may refuse participation if the client defames the reputation or interferes with the business of the Companies by spreading rumors, using fraudulent means or resorting to force.
- Clients who require special attention due to chronic disease, general ill-health, pregnancy or physical handicaps must advise the Company of this when applying for the tour. The Company will respond to such requests to a feasible and reasonable extent. If the Company makes a special arrangement in accordance with the client’s request, the client shall bear the expenses incurred in relation to the arrangement. The Company may request that the client presents a medical certificate. Depending on the local circumstances and the relevant organizations, the Company may require clients to be accompanied by an escort or companion, change a part of the itinerary, recommend the client join another tour with fewer obstacles or refuse his/her participation in the tour to ensure the safe and smooth operation of the tour.
- In the cases of Paragraphs (1), (2) and (6), when necessary, the Company shall notify the client within one week in principle of, in the cases of (1) and (2), the application submission date and of, in the case of (6), the date advised by the client.
- If the Company determines that the client needs a medical diagnosis or treatment by a physician due to illness, functional disease or other reasons during the tour, the Company may take measures necessary to ensure the smooth operation of the tour. All costs resulting from such measures shall be borne by the client.
- Independent activities of the client’s own preference during the tour shall not be permitted in principle. However, the Company may, depending on the tour package, accept such activities under separate conditions.
- The Company may refuse a client’s participation if the Company determines that the client threatens to embarrass other participants or interfere with the collective activities of tour participants.
- The Company may also refuse a client’s participation for tour operational reasons.
- Delivery of Contract Documents and Final Tour Itinerary
- Promptly after a Tour Contract is concluded, the Company shall provide the itinerary, the tour conditions including the Tour Services and the contract documents referring to the responsibilities of the Company. Contract documents are comprised of the Website and these tour conditions, etc.
- To supplement the contract documents mentioned in Paragraph (1), the Company shall provide a Final Tour Itinerary stating confirmed information in relation to the meeting time, meeting place, relevant transportation provider and relevant accommodation provider, at latest no later than one day prior to the tour departure date. If an application is made on or after 7 days prior to the day before the tour departure date, the Company may provide it on the departure date. If confirmed information in relation to the meeting time, meeting place, relevant transportation provider and relevant accommodation provider is stated in the contract documents mentioned in Paragraph (1) above, no Final Tour Itinerary shall be provided.
- Payment of Tour Price
The tour price shall be paid on no later than the 13th day before the departure date of the tour. If an application is made on or after the 13th day before the departure date of the tour, the tour price shall be paid before departure and by the date designated by the Company. Even when a client and the Company do not enter into the Correspondence Contract stipulated in Article 24, if a client is a credit card holder of the Company’s affiliated credit card company and gives consent, the Company may charge the client’s credit card for the tour price (inclusive of application deposits and additional charges) without the signature of the client, any cancellation fee or penalty charge stipulated in Article 14, and additional charges stipulated in Article 10 and handling charges stipulated in Article 13. In the absence of any request from the client, the Card Use Day (defined below) shall be the acceptance date of the client.
- Tour Price
- Unless otherwise specified, clients 12 years of age or over shall be charged the adult price and those aged 6 to 11 (in the case of a package using an airplane, those aged 3 to 11) shall be charged the child price. If a client accompanies two or more children 5 years of age or under, the child price shall be added from the second of children respectively. Additional facility charges or meal expenses may be required at local destinations. Please note that these two conditions shall not be applicable to a tour for which the infant price is set for children aged 5 or under.
- Ages mentioned in Paragraph (1) shall be the age as of the tour departure date.
- The tour price is indicated for each tour package. Clients are asked to confirm the tour price based on the departure date and the number of participants.
- The “tour price” shall be the basis for calculating the “application deposit” stipulated in Article 3, the “cancellation fee” stipulated in Article 14 (1), “penalty charge” stipulated in Article 14 (3) and “compensation for changes” stipulated in Article 23. The “Tour Price” in advertisements or the Websites shall be calculated as follows: “basic tour price (or standard tour price)” + “additional charges” – “discount amounts”.
- Included in the Tour Price
|Hotel rooms||Fees for accommodation facilities are expressly stated in the tour itinerary. Unless otherwise specified in the Website, a twin room with a shower (a room for 2 guests with private facilities) at the hotels stated in each Final Tour Itinerary will be available and for a client taking part in the tour alone, a single room for tour at the hotels. If such client uses other type of single room at his/her option, extra charges stated in the margin of the Website shall be added. A triple room may be a twin room with extra bed.|
|Meals||Meal expenses are expressly stated in the tour itinerary.|
(JR Shinkansen bullet train)
|Fares and charges for transportation providers are expressly stated in the tour itinerary. For tours stating “first class”, first-class cars (green cars) will be available. For tours of other categories, economy class seats will be available. Economy class seats refer to reserved seats unless expressly stated as non-reserved seats.|
|Other JR limited expresses||Fares and charges for transportation providers are expressly stated in the tour itinerary. If tours include the use of limited expresses, economy class seats will be available. Economy class seats refer to reserved seats unless expressly stated as non-reserved seats.|
|Other trains||Fares and charges for transportation providers are expressly stated in the tour itinerary. For the use of subways or local trains, non-reserved seats will be available. For the use of limited expresses, economy class seats refer to reserved seats unless expressly stated as non-reserved seats.|
|Sightseeing and round tours||Fares and charges for transportation providers, admission fees and entrance fees are expressly stated in the tour itinerary. For tours, a share-ride sedan, van, motor coach, or sightseeing ship will be used and entrance fees for temples, shrines, galleries or museums, etc. stated in each Final Tour Itinerary are included. A minibus, sedan or taxi will be used for a tour of a limited number of participants. Some tours include sightseeing intended for Japanese tourists but open to other tourists.|
|Travelling||Fares and charges for the transportation provider are expressly stated in the tour itinerary. A motor coach will be used. A sedan, van, or taxi will be used for tours with a limited number of participants.|
|Baggage||As stated in the Final Tour Itinerary, load carriage service (porter’s fees are included) for one normal-sized baggage (50cm x 60cm x 120cm at a maximum) per person is included. However, this service is not included where there are cargo restrictions at trains or ships, or when porter services are not available at stations, hotels, or airports.|
|Guides||Fees for tour conductors, English-speaking guides and English-speaking assistants are included. Guide services will be provided only if they are expressly stated in the “Guide service” column of the relevant tour.|
|Tips||Tips for hotel employees, porters, and drivers are included in the relevant fees.|
|Taxes||Consumption tax and other taxes and duties are included in the tour price.|
|Airplanes||Fares and charges of the transportation provider are expressly stated in the tour itinerary. Economy class seats will be available.|
|Others||Other amounts expressly stated in the Website are included in the tour price.|
- Not Included in the Tour Price
Charges and expenses other than those specified in Paragraphs (1) thorough (3) of the preceding Article are not included in the tour price. These include:
- Excess baggage charges (baggage exceeding the specific weight, capacity, number)
- Airport departure taxes (excluding cases where expressly mentioned in the Website)
- Laundry, telegrams, telephone, additional meals and drinks, and any other expenses of a personal nature and tax and service charges incidental to them
- Tour price for an optional tour taken by only the applicant (a small excursion for an extra charge)
- Extra tariffs and charges of transportation providers (for example, fuel surcharges)
- Transportation charges and accommodation fees between arrival and departure points and other locations.
- Additional Charges
The “additional charges” mentioned in Article 7 shall mean the following charges (excluding cases where they are already included in the “Tour Price”)
- Additional charges for “Upgrade Plans” as specified by the Company in the Websites and other materials to upgrade hotels or room classes
- Additional charges for changing from a “Plan Without Meals” to a “Plan With Meals”
- Additional charges for “Hotel Extension Plan” as specified by the Company in the Websites and other materials to extend the period of stay at the hotel
- The differences in the airfare for “additional charge for upgraded seat” as specified by the Company in the Websites and other materials to upgrade airline seat classes
- Other additional charges as specified in the Websites and other materials (additional charges for express check-ins and additional charges for choosing the airline as specified in the Websites and other materials)
- Revisions to the Tour Contract
Revisions to the Tour Contract can occur in the following situations: natural disasters, wars, riots, suspension of Tour Services rendered by transport/accommodation providers, governmental orders, provision of transportation services not based on the original operational plan, or other circumstances beyond the Company’s control. The Company may, even after conclusion of the Tour Contract, revise its itinerary and Tour Services when it is avoidable in order to conduct a safe and smooth tour operation after the Company promptly explains to clients the reasons why such events are beyond the Company’s control, as well as the causal connection to the unforeseen event. However, said explanation may be made after revisions in emergency circumstances.
- Change in Tour Price
The Company will not change the tour price, additional charges, or discount prices after the conclusion of the Tour Contracts except in the following cases:
- If the tariff and charges of the transportation providers used for the tour are revised considerably out of the range of those ordinary expected due to drastic changes in the economic conditions, the Company may revise its tour price in accordance with increases or reductions in transportation tariff and charges for the tour accordingly. If the tour price is increased, the Company shall notify clients on no later than the 15th day before the tour departure
- In the event transportation tariff and charges are drastically reduced as provided in Paragraph (1), the Company shall reduce the tour price accordingly in accordance with Paragraph (1)
- In the event the itinerary changes and the costs for tour operation decrease, the Company shall reduce the tour price accordingly
- In the event the itinerary changes in accordance with Article 11 and the travel costs for tour operation (including cancellation fees, penalty charges, or other charges which have already been paid or need to be paid later for Tour Services which have not been provided due to a change in the contract) increase, except for cases where the services are provided but the contract has changed because of a shortage of seats, rooms, or other facilities relating to the transportation or accommodation facilities, the Company shall change the tour price accordingly
- If the Company specifies that tour prices are dependent on the number of participants (transportation and accommodation) and there is a change in the number of participants due to reasons beyond the Company’s control after the conclusion of the Tour Contract, the Company shall change the tour price within the range as specified in the tour documents
- Change of Tour Participant
A client who has entered into a Tour Contract may, with the Company’s consent, transfer its status in the contract to a third party. In this case, the clients shall fill in the required information in the form provided by the Company and submit it to the Company. At the time, the clients shall pay a handling charge for the change of participant determined by the Company. (If a boarding pass is already issued, the Company may separately charge the cost of re-issuance.) This transfer of status in the contract shall become valid upon the consent of the Company and the transferee of the status in the Tour Contract shall hold all rights and assume all obligations in relation to the Tour Contract. The Company may reject such change if transportation or accommodation providers do not accept the change or for any other reason.
- Cancellation Fees
- If a client cancels the tour for personal reasons after the conclusion of the Tour Contract, the client shall pay cancellation fees described below unless otherwise stated in the Website. Clients remaining in the tour shall pay the balance of additional per room costs associated with the change in number of participants.
|A: Tours with accommodations (Excluding 2-Day Isejingu tour, Hanabi Tour, Sunrise Tours, New Year Tours)|
|Timing of Cancellation||Cancellation Fee|
|(1)||If cancellation notice arrives at ShikiNoTabi no less than 21 days prior to the departure date of the tour||N/A|
|(2)||If cancellation notice arrives at ShikiNoTabi within 8 – 20 days prior to the departure date of the tour||20% of tour price|
|(3)||If cancellation notice arrives at ShikiNoTabi within 2 – 7 days prior to the departure date of the tour||30% of tour price|
|(4)||If cancellation notice arrives at ShikiNoTabi on the day immediately before the departure date of the tour||40% of tour price|
|(5)||If cancellation notice arrives at ShikiNoTabi before the departure time on the departure date of the tour||50% of tour price|
|(6)||If cancellation notice arrives at ShikiNoTabi after the departure time or no cancellation notice is received||100% of tour price|
|B: Transportation Plans and One Day Tour (extension plans)|
|Timing of Cancellation||Cancellation Fee|
|(1)||If cancellation notice arrives at ShikiNoTabi no less than 11 days prior to the check-in date||No fee|
|(2)||If cancellation notice arrives at ShikiNoTabi within 8 – 10 days prior to the check-in date||20% of tour price|
|(3)||If cancellation notice arrives at ShikiNoTabi within 2 – 7 days prior to the check-in date||30% of tour price|
|(4)||If cancellation notice arrives at ShikiNoTabi on the day immediately before the check-in date||40% of tour price|
|(5)||If cancellation notice arrives at ShikiNoTabi on the check-in date or no cancellation notice is received||100% of tour price|
* Timing of cancellation is based on Japan time.
- In case of cancellation due to credit financing issues beyond the Company’s control, the client shall pay the cancellation fees specified by the Company.
- If a client fails to pay the tour price by the due date, the Company will consider that the client has cancelled the Tour Contract as of the day following the due date, and the client shall pay penalty charges equal to the amount of the cancellation fees.
- If a client changes the departure day or a part of the itinerary such as the tour package or any transportation or accommodation due to his/her personal preferences, the Company shall consider this a cancellation of the entire tour and the Company shall charge the cancellation fees specified by the Company.
- Cancellation before Departure
(1) Cancellation by Client
- The client may cancel the Tour Contract at any time if they pay the Company the cancellation fee stipulated in Article 14. The Company shall accept cancellation based on the arrival time of the cancellation notice during the business hours (Japan time) of the office where the client originally applied for the tour.
- In any of the following cases, the clients may cancel the Tour Contract without paying a cancellation fee.
- When the contents of the Tour Contract have been changed. However, such changes shall be limited to the cases listed in the left side of the table in Article 23 and other material cases
- When the tour price is increased in accordance with Article 12(1)
- Safe and smooth tour operation becomes or is most likely to become impossible due to natural disaster, war, riot, suspension of Tour Services rendered by transportation/accommodation providers, governmental orders, or other causes
- In the case where the Final Tour Itinerary needs to be delivered under the Travel Agency Act, when the Company has not delivered the Final Tour Itinerary described in Article 5(2) to the client by the date specified therein
- When tour operation becomes impossible due to reasons attributable to the Company
- The Company shall refund the remaining amount of the received tour price (or application deposit) after deducting the cancellation fees specified by the Company when the Tour Contract is cancelled in accordance with Paragraph (1)1. If the application deposit is not enough to cover the cancellation fee, the Company will charge the difference separately. When the Tour Contract is cancelled in accordance with Paragraph (1)2, the Company shall refund the full amount of the received tour price (or application deposit).
- Any change of the details of tour, tour itinerary or services, etc. by the client for personal reasons shall constitute a cancellation of the contract set out in Paragraph (1)1 above and a conclusion of a new contract. Please note that the client shall pay the stipulated cancellation fees in accordance with the first paragraph of Paragraph (1)3 above.
(2) Cancellation by Company
- If the client has not paid the tour price by the due date provided in Article 6, the Company may cancel the Tour Contract. In such case, the client shall pay the Company a penalty charge of the same amount as the cancellation fee described in Paragraph (1)1.
- In any of the following cases, the Company may cancel the Tour Contract:
- When it becomes apparent that the client does not satisfy the gender, age, qualification, skill or other requirements specified by the Company in advance for participation in the tour
- When the client is found to be a person described in Article 4(3) through (5)
- When the client is recognized as unfit to participate in the tour due to illness, absence of a necessary helper, or for other reasons
- When the Company considers that the client may cause trouble for the other participants, or might otherwise interfere with the smooth operation of the group activities
- When the client makes demands beyond the reasonable scope of the details in the contract
- When the minimum number of participants as stipulated by the Company in the Website has not been reached. In such cases, the Company shall notify the clients of tour cancellation on no later than the 14th day (3rd day for one-day tours) prior to the day preceding the tour departure date
- When the necessary conditions as clearly specified by the Company in advance cannot be met or it is highly likely that such conditions will not be met, such as in the case of insufficient snowfall for ski tours
- Safe and smooth tour operation of the tour itinerary as specified in the Website becomes or is most likely to become impossible due to natural disaster, war, riot, suspension of Tour Services rendered by transportation and accommodation providers, governmental orders, or other causes
- When the Company cancels the Tour Contract in accordance with Paragraph (2)1, it shall refund the tour price (or application deposit) already received after deducting the applicable penalty charges. When the Company cancels a Tour Contract in accordance with Paragraph (2)2, the Company shall refund a full amount of the tour price (or application deposit) already received from the client.
- Cancellation After Departure
(1) Cancellation by Client
- When the client leaves the tour group for personal reasons, the Company shall consider it a forfeiture of contractual rights and shall not make any refund.
- If certain Tour Services cannot be provided as described in the Website due to reasons not attributable to the
client, the client may cancel the contract relevant to such Tour Services not provided without paying any cancellation
- In the case of Paragraph (1)2, the Company shall refund the amount relevant to the Tour Services which are not
provided, provided that such events are caused by reasons not attributable to the Company, the Company
shall refund the remaining amount after deducting the cancellation fee, penalty charges, or other expenses for the
relevant Tour Services which have already been paid or will have to be paid.
(2) Cancellation by the Company
- The Company may cancel a part of the Tour Contract after the Company gives its explanation to the clients, such as in the following cases:
- When the Company considers that the client is unable to continue the tour owing to illness, absence of a necessary helper, or other reasons
- When the client is found to be a person described in any of Article 4(3) through (5)
- When the client disobeys the instructions of the Company through the tour conductor or other person to conduct a safe and smooth tour operation, or disturbs the order of group activities of tour participants by violence or menace towards these people or those accompanying them or jeopardizes the safe and smooth operation of the tour
- When the tour cannot continue due to war, riot, suspension of Tour Services rendered by transportation and accommodation providers, governmental orders or other causes beyond the Company’s control
- Effect of Cancellations and Refunds
If the Company cancels the Tour Contract in accordance with Paragraph 2(1) above, the cancellation fee or penalty charges or other charges which have already been paid or have to be paid to service providers of the Tour Services which have not been rendered due to cancellation of the contract, if any, shall be borne by the client. The Company shall refund the expenses for Tour Services which have not been rendered to the client after deducting the cancellation fee or penalty charges or other charges which have already been paid or will be paid to Tour Service providers.
- When the Company cancels the Tour Contract in accordance with Paragraph (2)1 a. or d., the Company shall, at the client’s request and expense, make necessary arrangements to return the client to the point of departure.
- When the Company cancels the Tour Contract in accordance with Paragraph (2)1, the contractual relationship between the Company and the client shall be rescinded but not with retroactive effect. The Company’s obligation in relation to the Tour Services that have been rendered to the client shall be deemed to have been validly fulfilled.
- Refund of Travel Cost
- When the Company owes any liability to refund to a client in cases such as “tour price reduction in accordance with Article 12 (2), (3) or (5)”, or “if either the client or the Company has cancelled the Tour Contract in accordance with Article 14 through 16”, the Company shall make said refund within 7 days counting from the day after cancellation, in the case of a refund arising from cancellation before departure, and within 30 days counting from the day after the tour ends, as stipulated in the Website in the case of a reduction in the tour price or refund due to cancellation after tour departure.
- Paragraph (1) shall not prevent clients or the Company from claiming compensation for damages in accordance with Article 19 (Liability of the Company) or Article 21 (Liability of Clients).
- Clients shall be required to request the refund at the tour sales office where they applied for the tour within one month from the planned tour departure day.
- All tour coupons already provided are required to be submitted when requesting a refund after the provision of tour coupons. Otherwise, the Company may not be able to make a refund of the tour price.
- Tour Conductors
- A tour conductor shall accompany in the tour packages indicated as accompanied by a tour conductor throughout the duration of the tour itinerary. The tour conductor shall, in principle, provide the services necessary for the smooth operation of the tour itinerary prescribed in the contract documents. Clients are required to follow the instructions of the tour conductor in order to maintain the safe and smooth operation of the itinerary during the tour. The tour conductor shall provide services, in principle, from 8:00 a.m. to 8:00 p.m.
- A local tour conductor shall accompany in the tour packages indicated as accompanied by a local tour conductor from arrival at the destination to departure to the next destination. The local tour conductor shall provide the same services as the tour conductors mentioned in Paragraph (1).
- A tour conductor shall not accompany but a local assistant provides services necessary for smooth operation of the tour in the case of a package guided by a local assistant.
- An English-speaking guide shall accompany in the tour packages indicated as accompanied by an English-speaking guide in the sections as specified in the column for guide service in the Websites. The English-speaking guide shall provide tour guide services in English at sightseeing areas
- Neither a tour conductor nor a local assistant shall accompany clients on individualized tours (free plan). Clients participating in such tours shall be responsible for managing the itinerary by themselves. The Company shall provide the clients with travel coupons and/or tickets for Tour Services, and such clients shall make all arrangements for receiving the Tour Services by themselves. In the event of the suspension of services by transportation providers or sudden cancellation of travel for the client’s own personal reasons, the client shall contact the tour sale agent in charge. Furthermore, if the client is unable to contact the tour sale agent due to it being on a non-business day or outside of regular business hours, the client shall make a cancellation notice or cancellation process of remaining services of reserved facilities (hotels, transportation facilities, etc.) by himself/herself. Failure to make notification or processing for the purposes of cancellation of the remaining services will result in the waiver of the client’s right and the customer may not be able to receive any refund.
- When events arise which require a change in the services because of bad weather or other reasons during the sections where the local tour conductor does not accompany and the local assistant does not conduct his or her business, clients shall make arrangements for substitute services and the necessary procedures incidental to them.
- Liability of the Company
- In performing its obligations under the terms of its Tour Contract for an agent-organized tour, if the Company causes damage to clients through willful misconduct or negligence of the Company or the Company’s agent, the Company shall be liable for such damage. However, this only applies if the notification is made to the Company within 2 years counting from the day following the occurrence of the damage.
- In principle, the Company shall not be liable for damage incurred by clients as stipulated in Paragraph (1) above caused by the following events beyond the control of the Company or arrangement agents: (a) natural disaster, war, civil riot and alteration, or cancellation of a tour itinerary due to such events; (b) accidents during transportation or accommodation, damage by fire; (c) cessation of services rendered by transportation or accommodation providers, and alteration or cancellation of tour itinerary due to such events; (d) orders of governments, isolation resulting from infectious diseases, immigration control regulations, and alteration or cancellation of tour itinerary due to such events; (e) accidents during the client’s free activities; (f) food poisoning; (g) theft; (h) delays, stoppages, changes of schedule and route by transportation providers, and alterations of tour itineraries, and/or shortened stays at destinations due to such events; or (i) alterations of tour itineraries and/or shortened stays at destinations through the client’s fault.
- Notwithstanding the notification period of the damage as provided in Paragraph (1), the Company shall compensate for damage to baggage as provided in Paragraph (1) only when said damage is reported within 14 days counting from the day after the occurrence of such damage. The compensation shall be, regardless of the amount of the damage, up to a maximum of 150,000 yen per person (except for cases where the Company committed willful misconduct or gross negligence).
- Special Indemnification
- Regardless of whether or not the Company is liable as mentioned in the preceding Article (1), in accordance with the Company’s Special Rules for Compensation of the Company Terms and Conditions, the Company shall pay compensation for death (15 million yen), compensation for permanent physical injuries (up to 15 million yen), cost of hospitalization (20,000 – 200,000 yen) and cost of hospital visit (10,000 – 50,000 yen), for specific damage incurred by the client’s body or life, arising from sudden and accidental occurrence during an agent-organized tour.
- Notwithstanding Paragraph (1), a day when no Tour Services included in an agent-organized tour organized by the Company are provided shall not be considered as a day during an agent-organized tour unless otherwise mentioned in the relevant Website.
- The Company shall not pay compensation or cost as stipulated in Paragraph (1) when damage suffered by clients during an agent-organized tour results from the client’s willful misconduct, driving while intoxicated and/or ill, or dangerous sports and activities such as mountain climbing (using mountain-climbing equipment such as ice axes, crampons, climbing rope hammers), luge, bobsledding, skydiving, hang-gliding, ultra-light plane flying (motor-driven hang-gliding, microlight planes, ultra-light planes), gyro-plane flying which are not included in the agent-organized tour and are engaged in during the client’s free time. Provided, however, that this is not applicable when these activities are included in the itinerary of the agent-organized tour.
- The Company shall not pay compensation for damage for exempted items listed in the Company Terms and Conditions such as cash, securities, credit cards, coupons, airplane tickets, passport, driver’s licenses, visas, deposit receipts (including handbooks and bank cards), other data and similar items, contact lenses.
- In cases where the Company is liable for compensation as stipulated in Paragraph (1) and compensation for damage as stipulated in the preceding Article, when any one of the liabilities is met, both liabilities shall be regarded as met to the extent of the amount paid.
- Liability of Clients
- The client shall be liable to the Company for damage suffered arising from the client’s willful misconduct, negligence, illegal conduct or conduct against public order and good manners, or breach of the Company Terms and Conditions.
- Clients are required to make every effort to utilize information provided by the Company and to understand the details of the Tour Contract of the agent-organized tour including the rights and obligations of clients to conclude the agent-organized tour contract.
- After the departure of the tour, if a client finds that the Tour Services provided are different from that specified in the contract documents, in order for the client to receive Tour Services smoothly as provided in the contract documents, clients are required to report the discrepancy promptly at the local destination to the tour conductor, English-speaking guide, conciliator, local assistant guide, providers of Tour Services, or the tour sales store where the application was made.
- The Company may take necessary measures if the Company considers that a client during the tour needs treatment due to illness or injuries or being in a condition requiring protection. In this case, if the Company is not responsible for such causes, the client shall bear all costs for such treatment and shall pay for such costs by the means and date designated by the Company.
- If the client loses the travel coupons provided by the Company, the client shall bear the cost and charges of transportation service providers to reissue said coupons. The tariffs and charges shall be the amount decided by such transportation service providers.
- Optional Tour and Provision of Information
- In relation to the application of Article 20 (Special Indemnification) to a separate agent-organized tour arranged and operated by the Company with a separate participation fee targeted at clients who are participating in an agent-organized tour of the Company (hereinafter referred to as a “Local Option”), the Company shall treat it as part of the main agent-organized tour contract. We specify in the Websites relating to Local Options that “the organizer is the Company”.
- If it is stated in the Website that the Local Option is operated by a company other than the Company, the Company shall pay the compensation for or cost of damage suffered by clients during the Local Option in accordance with Article 20 (Special Indemnification) (provided, however, that this does not apply to cases where the date of the Local Option is not on the arranged date of the main agent-organized tour and also such is clearly mentioned in the Website and the Final Tour Itinerary). The responsibility of the tour operator of the Local Option and of the clients are all governed by the terms and conditions of such tour operator.
- Where the Company lists possible sports in its Websites merely for the purposes of providing information, the Company will clearly indicate this. In this case, the special indemnification provision of Article 20 shall apply to damage suffered by clients caused during the possible sports (provided, however, that this does not apply to cases where the date of the Local Option is not on the arranged date of the main agent-organized tour and also such is clearly mentioned in the Website or the Final Tour Itinerary). Aside from these cases, the Company shall not be responsible for any liability.
- Itinerary Booking Guarantee
(1) Should material changes occur in the contents of the contract as stated in the left-hand column of the following table (except for changes mentioned in 1 through 3 below), the Company shall pay the clients for compensation for changes by multiplying “tour prices” provided in Article 7 by the rate indicated in the right-hand column of the table within 30 days counting from the day after the tour ends. Provided, however, that if it is apparent that the Company is liable in accordance with Article 19(1) in relation to such changes, the Company shall pay the amount not as compensation for changes but as either a portion or full amount of compensation for damage.
- The Company shall not pay compensation for changes due to the following reasons (however, the Company shall pay compensation for changes if such changes are caused by a shortage of seats, rooms, or other facilities of the transportation or accommodation service providers, even when such services are provided): (a) bad weather and natural disasters, which hinder the tour itinerary; (b) war; (c) civil riots; (d) governmental orders; (e) suspension of Tour Services involving transportation or accommodation service providers such as cancellation, interruption, or cessation; (f) provision of transport services different from the original schedule; owing to delays or changes in operation schedules; and (g) necessary measures to secure tour participants’ lives and bodies.
- If a change occurs because of the cancellation of the Tour Contract in accordance with Articles 15 and 16, the Company shall not pay compensation for changes.
- If the order of the Tour Services provided in the Website changes but such services are provided to the clients during the tour, the Company shall not pay compensation for changes.
(2) Notwithstanding Paragraph (1) above, the maximum amount of compensation for changes paid by the Company per one organized Tour Contract shall be limited to the “tour price” stipulated in Article 7 multiplied by 15%. If payment of compensation for changes to one client is less than 1,000 yen per one Tour Contract, the Company shall not pay such compensation for changes.
(3) The Company may pay compensation by providing goods or services equivalent to compensation money with a client’s consent instead of paying the compensation for changes or for damage in cash.
The amount of compensation for changes = the following rate per change multiplied by tour price
|Change for which the Company shall pay
compensation for changes
|If clients are notified by a date prior to tour departure||If clients are notified after tour departure|
|(1) Change in tour departure or end date specified in the Website or the Final Tour Itinerary||1.5%||3.0%|
|(2) Changes in destination or entry to tourist spots and/or facilities (including restaurants) stated in the Website or the Final Tour Itinerary||1.0%||2.0%|
|(3) Changes in equipment of transportation facilities or downgrade of the facilities as stated in the Website or the Final Tour Itinerary to those of a lower cost (only when the total price of the grade and equipment of the facilities after change becomes less than those stated in the Website or the Final Tour Itinerary)||1.0%||2.0%|
|(4) Changes in the types of the transportation facilities or the transportation company as stated in the Website or the Final Tour Itinerary||1.0%||2.0%|
|(5) Change to other flights involving a change of domestic airports for departure or arrival of the tour stated in the Website or the Final Tour Itinerary||1.0%||2.0%|
|(6) Change in the international flights stated in the Website or the Final Tour Itinerary from direct flight to connecting flight, or a flight with stops||1.0%||2.0%|
|(7) Change in accommodation facilities or the name of the accommodation providers as stated in the Website or the Final Tour Itinerary||1.0%||2.0%|
|(8) Change in the type of rooms, facilities, and views of accommodation as stated in the Website or the Final Tour Itinerary||1.0%||2.0%|
|(9) Among the changes in items (1) through (8) above, the matters included in the tour title as stated in the Website or the Final Tour Itinerary||2.5%||5.0%|
Note 1: In the event that changes occur between the details as set forth in the Website and those in the Final Tour Itinerary, or between the details set forth in the Final Tour Itinerary and the actual Tour Services provided, each change shall be considered as one change.
Note 2: With regard to the changes set forth in (9) above, compensation rates set forth in (1) through (8) shall not apply, and the compensation rate set forth in (9) shall apply.
Note 3: For transportation facilities, one change shall be deemed as one change per ride or ship; for accommodation facilities, one change per overnight stay; and for other tour services, one change per item.
Note 4: In the event that multiple changes set forth in (4), (7), and (8) occur per ride or ship or per overnight stay, such changes shall nevertheless be deemed as one change per ride or ship, or as one change per overnight stay.
Note 5: In the event that the transportation facilities set forth in (3) and (4) accompany usage of accommodation facilities, changes shall be deemed as one change per overnight stay.
Note 6: For company name changes in transportation facilities as set forth in (4) and name changes in accommodation facilities as set forth in (7), this only means the cases where the facilities themselves change.
Note 7: Changes to higher grades or facilities is not the case described in (4) above regarding company name changes made to transportation facilities.
- Correspondence Contract
The Companies may accept an application for the tour from a card holder (hereinafter referred to as a “Card Holder”) of a credit card issued by the Company or credit card companies with which the Company has an alliance (hereinafter referred to as “Affiliated Companies”) under the condition that the tour price and cancellation fee may be paid without the Card Holder’s signature (“Communications Contract”). The terms and conditions of the Communications Contract are different from the usual terms and conditions of the tour in the points below. (Some travel sales agents may not be able to deal with such applications. Also, the type of cards acceptable will depend on the relevant travel sales agent.)
- “Card Use Day” refers, in this Article, to the date when the Card Holder or the Company pays the tour price or other amount or refunds debts in accordance with the Tour Contract.
- When applying, the credit card number and card expiration date and other matters must be notified to the Companies.
- Tour Contracts by way of Communications Contracts are concluded, when the Companies send a notice of acceptance to conclude such Tour Contracts; provided, however, that, in the case that the Companies provide notice of acceptance by electronic means such as telephone or e-mail, when such notice reaches the client.
- The Companies shall receive the payment of the “tour prices described in the Website” and the “cancellation fee as provided in Article 14” by a credit card issued by the Affiliated Companies without a signature of the Card Holder on the prescribed slip. In this case, the Card Use Day for the tour price shall be the day when the contract enters into effect.
- When a client cancels a contract, the Companies shall refund the amount of the tour price less the amount of the cancellation fee within 7 days (30 days in the case of a reduction or cancellation after tour departure) counting from the day after the cancellation request date, which shall be the Card Use Day.
- If payment by the credit card presented by the Card Holder cannot be made due to credit reasons, the Companies shall terminate the Communications Contract and the Client must pay to the Companies the tour price in cash by a date which the Companies separately specifies. If the client is not able to pay by the due date, the client shall be charged penalty charges equivalent to the cancellation fee described in Article 14(1).
- Subscription to Domestic Travel Insurance
If a client is injured during a tour, treatment costs, transportation costs, and other expenses may be high. In the case of an accident, compensation claims for damages against the assailant and the collection of compensation may be very difficult. For this reason, it is recommended that clients take out sufficient travel insurance for themselves. For details, please consult the sales staff of the location at which the client applied to the tour.
- Handling of Personal Information
- When a client applies for a tour, the Companies obtain the client’s personal information described in the Companies’ application form. Clients may choose which personal information to provide to the Companies at their own discretion but the Companies may not be able to accept an application or request of a client if all or part of the personal information is not provided and the Companies cannot contact the client or carry out the necessary procedures to arrange and provide the Tour Services.
- The Companies use the personal information obtained in accordance with the preceding Paragraph to contact clients and use such information to the extent necessary for the process of arranging the Tour Services and receiving such services for the tour applied to by the client and provide such information to the transportation and accommodation providers described in the Website and insurance companies and arrangement agent by electronic means. In addition, the Companies may use the client’s personal information (1) for news in relation to the Companies or Affiliated Companies’ products or services or campaigns, (2) to request opinions and impressions after tour participation, (3) to request the completion of a questionnaire, (4) to offer VIP services, and (5) to formulate statistical documents.
- The Companies duly use and manage the client’s personal information in accordance with the Personal Information Protection Law of Japan and the privacy policies posted on the websites of the Companies. Please refer to the privacy policies of the companies which plan and carry out the relevant tours as to other details of use and management of personal information, including provision to a third party or shared use of personal information and a contact point for inquiries.
- The Company may entrust part or the entire handling of the personal information provided in accordance with Paragraph (1) to other companies in relation to the tour conductor services or reference services at the airport. In this case, the Company shall choose such companies to entrust based on the Company’s criteria and only entrust the personal information after first concluding a non-disclosure agreement.
- Reference Date of Tour Conditions and Prices
The reference date of the tour conditions and tour prices are as specified in the Websites (Japan time).
- Tour Contracts shall be governed by the laws of Japan notwithstanding the conflict-of-laws principles.
- Any disputes arising from or in connection with the Tour Contracts shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance.
This document is a translation of the Japanese original and provided only for your information. If there is any discrepancy between this translation and the Japanese original, the Japanese original shall prevail.