WILLER, Inc., Tour Terms and Conditions
Prior to placing your reservation, please check the “Tour Terms and Conditions” depending on the type of contract.
Agent Organized Tour Agreement
Agent Organized Tours
Significance of these Tour Terms and Conditions
- These Tour Terms and Conditions constitute part of the written explanation of transaction terms set forth in Article 12-4 of the Travel Agency Act as well as the written agreement as set forth in Article 12-5 of the same act.
Agent Organized Tour Agreement
- (1) This tour is organized, advertised, and conducted by WILLER, Inc., (Umeda Sky Building Tower East 6th Floor, 1-1-88-600 Oyodonaka, Kita-ku, Osaka-shi, Osaka-fu; Tourism Agency Commissioner Travel Agent Registration No. 1899) (hereinafter, “COMPANY”), and customers participating in this tour make and enter into an agent organized tour agreement (hereinafter, “Tour Agreement”) with COMPANY.
- (2) COMPANY shall take responsibility for arranging and managing itineraries so that customers are able to receive provision of services in connection with the tour (hereinafter, “Tour Services”) including transportation, accommodation, and other services provided by transport and accommodations facilities, among other facilities, pursuant to the tour itinerary set forth by COMPANY.
- (3) The content as well as the terms and conditions of the Tour Agreement shall be subject to the these Tour Terms and Conditions, the finalized document referred to as the final tour itinerary (hereinafter “Final Tour Itinerary”) handed out prior to departure, and a copy of our Travel Agency Charter Agent Organized Tour Agreement (hereinafter, “COMPANY Charter”).
Application for Tour and Timing of Contract Establishment
- (1) Upon filling in the specified fields on the COMPANY’s specified tour application form at COMPANY or one of COMPANY’s contracted sales offices (hereinafter “COMPANY Group”), customers apply along with the application fee(s) detailed next to the courses. When paying the tour fee, the application fee(s) shall be transferred as part thereof. The Tour Agreement shall be established when COMPANY Group approves the execution of the agreement and the tour fee is received.
- (2) COMPANY Group may accept booking applications for Tour Agreements by telephone, mail, fax, or other means of communication. In such cases, no contract has been established at the time of booking. Customers shall submit the written application and pay the application fee no later than three days from the day following the day on which COMPANY Group provides notice that the booking has been approved. If the written application has not been submitted and the tour fee has not been paid within this period, COMPANY Group shall treat the case as though the application was never made.
- (3) The Tour Agreement shall take effect when COMPANY Group receives the cost of the tour subject to (2) of this Section for applications by phone; for applications by mail or fax, the Tour Agreement between the customer and COMPANY Group shall take effect when the Tour Agreement is approved and the tour fee is received. Even when applying by telephone, mail, fax, or other means of communication, when establishing a contract through a Network Agreement, the contract shall take effect subject to the provisions of Article 23, Paragraph (3).
- (4) When there is a tour application from a contracting officer as the representative of travelers constituting an association or group, COMPANY Group shall deem such officer to possess all rights of representation concerning, without limitation, execution and/or cancellation of contract.
- (5) The contracting officer must provide COMPANY Group with a list of names of the constituent members by a date decided by COMPANY Group.
- (6) COMPANY Group shall bear no responsibility whatsoever with respect to any liabilities or obligations that the contracting officer currently bears to constituent members or is expected to bear in the future.
- (7) In the event that the contracting officer does not accompany the association or group, once the tour has begun, COMPANY Group shall deem a constituent member appointed by the contracting officer in advance as the contracting officer.
Application Terms and Conditions
- (1) With respect to tours that target a specific segment of customers or tours that have a specific tour purpose, participation on the tour may be refused if age, qualifications, skills, or other conditions fail to conform to the conditions specified by COMPANY.
- (2) When COMPANY must contact the customer(s) in the event of (1) of this Section, COMPANY shall, as a rule, contact the customer(s) no later than one (1) week from the day of application.
- (3) If COMPANY determines that a customer requires diagnosis by a physician or medical treatment due to illness, injury, or any other reason during the tour, COMPANY shall take measures necessary to promote the smooth facilitation of the tour. All expenses incurred in such case shall be borne by the customer.
- (4) Customers are not, as a rule, entitled to engage in separate activities at their own convenience. Provided, however, that such activities may be acceptable in separate conditions depending on the course.
- (5) If COMPANY determines that a customer will cause trouble to other customer(s) or that there is a risk of impeding the smooth facilitation of group activities, COMPANY may refuse the participation of such customer.
- (6) COMPANY may refuse applications for other business-related reasons.
Delivery of Written Agreement and Final Tour Itinerary
- (1) COMPANY Group shall promptly deliver a written agreement detailing matters concerning the tour itinerary, details of the Tour Services and other tour terms and conditions, as well as COMPANY’s responsibilities to the customer following the establishment of the Tour Agreement. The written agreement shall be composed of these written Tour Terms and Conditions, among other items.
- (2) As a document to complement the written agreement from (1) of this Section, COMPANY shall deliver to the customer the Final Tour Itinerary detailing finalized information concerning matters including, without limitation, the time and place of meet, transportation facilities to be used, and accommodations to be used, by the date set forth in the written agreement no later than the day prior to the beginning of the tour. Provided, however, that if the application was submitted within seven days calculated from the day prior to the beginning of the tour, the Final Tour Itinerary may be delivered on the date on which the tour begins.
Payment of Tour Fee
- The tour fee shall be paid prior to the date corresponding to the 13th day before the day prior to the beginning of the tour. For applications later than the date corresponding to the 13th day before the day prior to the beginning of the tour, the tour fee shall be paid by the deadline specified by COMPANY Group prior to the beginning of the tour. Even if COMPANY and the customer do not enter into a Network agreement stipulated in Paragraph 23, if the customer is a cardholder of a partner credit card company, the tour fee (including items indicated as application fees and additional charges), any cancellation fees and/or penalties stipulated in Section 14, additional charges stipulated in Section 10, and exchange fees stipulated in Section 13 may be paid without the customer’s signature via the credit card of the partner company with the consent of the customer. Unless the customer makes a request, the date on which the card is used shall be considered the date of customer consent.
About Tour Fees
- (1) The tour fee, unless otherwise noted, shall be the adult rate. Items listing child rates on COMPANY’s homepage shall clearly indicate the travel terms and conditions, and criteria for the tour fees, among other things, which shall be applied.
- (2) The tour fees are indicated for each course. Please check the tour fee for your departure date and the number of participants.
- (3) The “tour fee” is the standard for calculating the amount of the “application” fee of Section 3, the “cancellation fee” of Section 14 (1), the “penalties” of Section 14 (3), and the “change fee” of Section 23. The method of calculation for the “tour fee” in advertisements or pamphlets from the WILLER, Inc. Agent Organized Tour Travel Terms and Conditions Document 200906203/13 is the “price indicated as the tour fee” plus “the price indicated as additional charges” minus “the price indicated as discounts.”
What is Included in the Tour Fee
- (1) The fares and fees (economy class unless otherwise noted) for transportation facilities stipulated in the tour itinerary, accommodation expenses, meal fees, entrance fees, admission fees, and taxes including consumption tax.
- (2) Expenses for the tour operator on courses accompanied by a tour operator and necessary gratuities for group activities.
- (3) Other items indicated on the homepage as included in the tour fee. As a rule, the above expenses will not be refunded even if they are left partially unused due to the customer’s convenience.
What is Not Included in the Tour Fee
- Anything aside from (1) to (3) of the preceding Section is not included in the tour fee. A partial list of such expenses is listed below:
- (1) Excess luggage fees (for the amount exceeding a certain weight, volume, or number);
- (2) Airport facility usage fees;
- (3) Cleaning fees, telegram and telephone fees, all other expenses of a personal nature including, without limitation, additional food or drink, as well as taxes and services associated therewith.
- (4) Fees for optional tours (miniature tours at a separate cost) which are joined only by those who wish to opt in;
- (5) Additional charges and fees imposed by transportation facilities (i.e. fuel surcharges); and,
- (6) Transportation and/or accommodation expenses from the customer’s home to the point of departure.
Additional Charges
- Additional Charges” as referred to in Section 7 shall refer to the following fees (excluding items which are indicated as included in the “tour fee” in advance):
- (1) Additional charges for plans referred to as “Upgrade Plans” by COMPANY on its homepage or other media, wherein hotels or room types may be upgraded;
- (2) The difference in fees for “Plan(s) with meal(s)” on tours for which “Plan(s) with no meal(s),” etc., is the standard;
- (3) Additional charges for plans referred to as “Extended Stay Plan(s)” by COMPANY on its homepage or other media, wherein the length of stay at the hotel is extended;
- (4) Differences in fares required to change the class of airline seats referred to as “Super Seat Additional Fees” by COMPANY on its homepage or other media; and,
- (5) Any other items referred to as “..... Additional Fees” on the homepage or other media.
Changes to Details of the Tour Agreement
- Even after making and entering into a Tour Agreement, COMPANY may change the details of the Tour Itinerary and Tour Services in the event of an act of God, war, riots, suspension of the provision of Tour Services such as transportation facilities and accommodations, governmental orders, the provision of transportation services not in accordance with the initial plan of operation, or other causes which COMPANY can play no role in from the WILLER, Inc. Agent Organized Tour Travel Terms and Conditions document 200906204/13 when it is unavoidable in order to promote the safe and smooth facilitation of the tour, by explaining to the customer in advance and without delay that COMPANY can play no role in the given cause(s) as well as the causal relationship between the given cause(s). Provided, however, that in emergency situations, the explanation shall be given following the changes when doing so is unavoidable.
Changes in the Price of the Tour Fee
After making and entering into the Tour Agreement, COMPANY shall make no changes whatsoever to the price of the tour fee as well as additional fees or discounts with the exception of the following:- (1) When the fares and fees for the transportation facilities to be used significantly exceed generally assumed levels and are revised due to reasons such as tremendous changes in economic conditions, the tour fee shall be modified for the amount of the difference with the revised fares and/or fees. Note, however, that when increasing the price of the tour fee, COMPANY shall notify the customer prior to the date corresponding to the 15th day before the day prior to the beginning of the tour;
- (2) When a significant decrease is made in the price of applicable fares and/or fees as set forth in (1) of this Section, the tour fee shall be reduced by the amount of the reduction in accordance with (1) of this Section;
- (3) When the contents of the tour are modified and the expenses required to conduct the tour decrease, COMPANY shall reduce the tour fee by the amount of that change;
- (4) When the contents of the tour are modified according to Section 11 and the expenses required to conduct the tour (including expenses that have already been paid or shall be paid in the future including cancellation fees, penalties, and other expenses for Tour Services not received due to modifications to the details of the given agreement), COMPANY shall modify the tour fee by the amount of the given modification unless the modifications were due to the occurrence of a shortage in seats, rooms, or other equipment for transportation facilities or accommodations regardless of whether the service has been provided; and,
- (5) In the event that a notice that the tour fee depends on the number of persons using transportation facilities, accommodations, or other facilities, is mentioned on the homepage or other media by COMPANY, when there is a change in the given number of users not due to reasons attributable to COMPANY following the establishment of the Tour Agreement, COMPANY shall modify the tour fee within the scope detailed in the written agreement.
Customer Exchange
- The customer is entitled to transfer his or her contractual position to another person with the consent of COMPANY. Provided, however, that the customer shall fill in specified information and submit such information to COMPANY. At such time, COMPANY shall receive the predetermined amount for the processing fee required for the exchange. (If an airline ticket has already been issued, there may be charges for expenses pertaining to separately reissuing the ticket.) Transfers of contractual position shall be effective when approved by COMPANY, and the person assuming the position on the Tour Agreement shall forthwith inherit all rights and liabilities concerning the Tour Agreement. COMPANY may furthermore refuse exchange for reasons including non-accommodation of travel exchanges by transportation facilities or accommodations to be used.
Cancellation Fee
Cancellation Fee
- (1) Once the Tour Agreement has been established, if the customer cancels the tour for reasons of his or her own, the cancellation fee listed on the homepage shall be paid for the difference in costs for modifying the number of guests per room from the participating customers.
- (2) Subject to causes of handling loans for which COMPANY is not responsible, a predetermined cancellation fee shall be paid in the event of cancellation.
- (3) If the tour fee is not paid by the deadline, COMPANY shall deem the customer to have rescinded the Tour Agreement on the day following the given deadline and shall receive the cancellation fee as well as a penalty of the same amount.
- (4) With respect to changes to the departure date and/or partial modifications to the schedule including transportation facilities or accommodations due to the convenience of the customer, the changes shall be deemed as a cancellation of the tour in its entirety and the specified cancellation fees shall be collected.
Rescission Prior to the Beginning of the Tour
- (1) Customer Rights to Rescission
- [1] The customer is entitled to rescind the Tour Agreement at any time by paying the cancellation fees listed for the course. Provided, however, that motions to rescind the agreement shall be received within business hours at the store of application.
- [2] The customer is entitled to rescind the Tour Agreement without cancellation fees when:
- the contents of the Tour Agreement have been modified, provided that such modifications shall be limited to matters enumerated in the left-hand column of the table of Section 22 or other crucial matters;
- the tour fee is revised upward subject to Section 12 (1);
- the safe and smooth facilitation of the tour is impossible, or is at tremendously high risk of becoming impossible due to the occurrence of acts of God, war, riots, suspension of the provision of Tour Services such as transportation facilities and accommodations, governmental orders, or other causes;
- COMPANY fails to deliver the Final Tour Itinerary detailed in Section 5 (2) by the date stipulated in the same Section; and,
- facilitation of the tour pursuant to the travel itinerary detailed on the homepage becomes impossible due to causes attributable to COMPANY.
- [3] When the Tour Agreement is rescinded in accordance with (1) [1] of this Section, COMPANY shall refund any tour fee (or application fee) that has already been collected, less the specified cancellation fee. If the application fee cannot cover the cancellation fee, the difference thereof shall be charged. When the Tour Agreement is rescinded in accordance with (1) [2] of this Section, the full amount of any tour fee (or application fee) that has already been collected shall be refunded.
- (2) COMPANY Rights to Rescission
- [1] COMPANY may rescind the Tour Agreement if the customer does not pay the tour fee by the deadline stipulated in Section 6. In such event, the customer shall pay the cancellation fee and a penalty of the same value as stipulated in (1) [1] of this Section.
- [2] COMPANY may rescind the Tour Agreement when:
- it becomes clear that the customer does not meet the requirements to participate in the tour clearly indicated by COMPANY in advance such as gender, age, qualifications, skills, or other requirements;
- it is deemed that the customer cannot withstand the given tour due to illness and lacking a requisite caregiver or any other such cause;
- it is deemed that a customer will cause trouble to other customer(s) or may impede the smooth facilitation of group activities;
- the customer requires liability exceeding reasonable bounds with respect to contractual details;
- the number of customers does not meet the minimum capacity listed on the homepage, and in such case, the customer(s) shall be notified of the tour cancellation prior to the date corresponding to the 13th day before the day prior to the beginning of the tour (or prior to the date corresponding to the third day before for one-day tours);
- requirements for the tour to be conducted clearly indicated by COMPANY in advance fail to materialize, such as when there is a lack of snowfall on tours intended for skiing, or when the risk of such requirements not materializing is extremely high; and,
- the safe and smooth facilitation of the tour pursuant to the travel itinerary detailed on the homepage is impossible or at an extremely high risk of becoming impossible due to the occurrence of acts of God, war, riots, suspension of the provision of Tour Services such as transportation facilities and accommodations, governmental orders, or other causes outside of COMPANY’s control.
- [3] When COMPANY rescinds the Tour Agreement via (2) [1] of this Section, any tour fee (or application fee) that has already been collected shall be refunded, less the penalties. When the Tour Agreement is rescinded in accordance with (2) [2] of this Section, the full amount of any tour fee (or application fee) that has already been collected shall be refunded.
Rescission After the Beginning of the Tour
- (1) Customer Rights to Rescission
- [1] If the customer leaves the group midway through the tour for his or her own convenience, it shall be considered that the rights of the customer have been waived and no refund whatsoever shall be provided.
- [2] If the provision of Tour Services detailed in the pamphlet cannot be received for causes not attributable to the customer, the customer is entitled to rescind the portion of the agreement pertaining to the provision of the Tour Services that have become impossible without paying cancellation fees.
- [3] In the event of (1) [2] of this Section, COMPANY shall refund the traveler the amount of the tour fee pertaining to the portion of the Travel Services that became non-receivable. Provided, however, that when such causes are not attributable to COMPANY, COMPANY shall refund the customer the given amount less the amount pertaining to expenses including cancellation fees, penalties, or other payments already made or payments which must be made in the future with respect to the given Tour Services
- (2) COMPANY Rights to Rescission
- [1] COMPANY may rescind part of the Tour Agreement by explaining the reasons for the rescission to the customer in advance when:
- it is deemed that the customer cannot withstand continuing the tour due to illness and lacking a requisite caregiver or any other such cause;
- the customer disobeys instructions of COMPANY given by tour conductors or others for the safe and smooth facilitation of the tour, or the customer impedes the safe and smooth facilitation of the tour by disrupting the order of group activities through acts such as violence or intimidation toward tour conductors, staff, or other accompanying travelers; and,
- continuing the tour becomes impossible in the event of acts of God, war, riots, suspension of the provision of Tour Services such as transportation facilities and accommodations, governmental orders, or other causes out of the control of COMPANY.
- [2] Effects of Rescission and Refunds — When COMPANY rescinds the Tour Agreement due to the causes detailed in (2) [1] of this Section, payments already made or which will be made in the future for cancellation fees, penalties, or other accounts with respect to the providers of Tour Services that were not able to be received due to the rescission of the agreement shall be borne by the customer. In such case, of the tour fee, COMPANY shall provide refunds by deducting expenses arising from cancellation fees, penalties, and other accounts which have been paid or will be paid to the supplier of such Tour Services by COMPANY from the portion of expenses pertaining to Tour Services not yet received by the customer.
- [3] When COMPANY rescinds the Tour Agreement in accordance with (2) [1] (a) or (c) in this Section, COMPANY shall make the necessary arrangements for the customer to return to the point of departure at his or her own expense in accordance with the requests of the customer.
- [4] When COMPANY rescinds the Tour Agreement subject to the provisions of (2) [1] in this Section, the contractual relationship between COMPANY and the customer shall be expunged only from that point forward. That is, with respect to COMPANY’s obligations regarding Tour Services that the customer has already received, it shall be considered that COMPANY has carried out valid satisfaction of that obligation.
Tour Fee Refunds
- (1) When a monetary amount to be refunded to the customer arises if “the tour fee is reduced in accordance with the provisions of Section 12 (2), (3), and (5)” or “the Tour Agreement is rescinded by the customer or COMPANY in accordance with the provisions of Section 14 through 16,” COMPANY shall refund the given amount to the customer within seven days calculated from the day following the rescission for rescissions made prior to the beginning of the tour, or within 30 days following the day after the day the tour finishes as detailed on the homepage for refunds due to reductions in the tour fee or rescissions after the beginning of the tour.
- (2) The provisions of (1) of this Section, do not impede the customer or COMPANY from executing their right to seek damages pursuant to the provisions of Section 19 (COMPANY Liability) or Section 21 (Customer Liability).
- (3) Customers are requested to motion for a refund at the store at which they applied within one month of the departure date.
- (4) With respect to refunds after the delivery of coupons or vouchers, the delivered coupons or vouchers are required. Refunding the tour fee may not be possible when the coupons or vouchers are not submitted.
Tour Operators
- (1) A tour operator will accompany customers during the entire tour on courses indicated as accompanied by tour operators. The details of the service carried out by the tour operator is, as a rule, to handle the necessary operations in order for the itinerary set forth in the written agreement to be facilitated smoothly. Customers shall follow the instructions of the tour operator for safety and for the smooth facilitation of the itinerary during the tour. As a rule, the duty of the tour operator shall last from 8:00 to 20:00.
- (2) For courses indicated as accompanied by a local tour operator, the local tour operator, as a rule, shall accompany the group from arrival at the tour destination to departure. The duty of the local tour operator shall be pursuant to the duty of the tour operator from (1) of this Section.
- (3) For courses indicated as guided by local staff, although no tour operator will accompany the tour, local staff will carry out necessary duties in order to facilitate the tour.
- (4) No tour operator or other staff will accompany private plans. COMPANY shall deliver the necessary coupons in order for the customer to receive Tour Services and therefore the customer him or herself shall carry out any procedures to receive such Tour Services.
- (5) For zones wherein no local tour operator accompanies the tour or wherein no local staff performs duties, the customer him or herself shall carry out any necessary procedures and/or make arrangements for alternate services in the event an occurrence arises necessitating a change of the services due to reasons such as inclement weather.
COMPANY Liability
- (1) In the performance of the Agent Organized Tour Agreement, if the customer incurs damage due to the intent or negligence of COMPANY or a party which COMPANY appointed to make arrangements, COMPANY shall compensate the customer for the damages incurred. Provided, however, that COMPANY must be notified within two years calculated from the day following the occurrence of the damages.
- (2) As a rule, COMPANY shall not bear any liability for (1) of this Section in the event that damages are incurred as the result of any of the causes enumerated as follows:
- [1] acts of God, war, riots, or changes to the travel itinerary or suspension of the tour arising therefrom;
- [2] damages arising from an accident or fire on transportation facilities or at the accommodation facilities;
- [3] suspension of service of transportation facilities or accommodation facilities, or changes to the travel itinerary or suspension of the tour arising therefrom;
- [4] governmental orders, quarantines due to infectious diseases, or changes to the travel itinerary or suspension of the tour arising therefrom;
- [5] accident(s) while the customer is engaged in activities at his or her own leisure;
- [6] food poisoning;
- [7] theft; or,
- [8] factors including delays of transportation facilities, interruptions of service, changes in schedule, changes in route, or changes to the travel itinerary or reduction of the time spent at the destination arising therefrom.
- (3) For damages from (1) of this Section occurring with respect to baggage, regardless of the time provision for notification of damage from the customer from (1), the customer shall only be compensated in the event that a request to COMPANY is made within 14 days calculated from the day following the occurrence of the damage. Provided, however, that regardless of the amount of damages, the amount of compensation provided by COMPANY shall be capped at a maximum of one hundred fifty thousand (150,000) Japanese yen (unless there was intent or gross negligence on the part of COMPANY).
Special Indemnification
- (1) Regardless of whether COMPANY incurs liability for (1) of the preceding Section, in accordance with the Special Indemnification Provision of the COMPANY Charter, COMPANY shall pay compensation for death (fifteen million (15,000,000) Japanese yen), compensation for residual disability (capped at fifteen million (15,000,000) Japanese yen), hospitalization condolences (from twenty thousand (20,000) to two hundred thousand (200,000) Japanese yen), and hospital commuting condolences (from ten thousand (10,000) to fifty thousand (50,000) Japanese yen), with respect to certain damages incurred to the body or life of the customer arising from a coincidental and abrupt extraneous accident while participating in an Agent Organized Tour, or compensation for damages (capped at one hundred thousand (100,000) Japanese yen per single baggage or pair, capped at one hundred fifty thousand (150,000) Japanese yen per customer per Agent Organized Tour) with respect to damages incurred on baggage.
- (2) Regardless of (1) of this Section, with respect to days on which none of the Travel Services included in the Agent Organized Tour arranged by COMPANY are conducted, customers will not be considered as participating in the given Agent Organized Tour only in cases in which such notice is explicitly indicated on the homepage.
- (3) If damages incurred by the customer while participating in an Agent Organized Tour are attributable to reasons including, without limitation, the intent of the customer, driving under the influence of alcohol, customer illness, or additionally, due to accidents during dangerous activities while the customer is behaving at his or her own volition including skydiving, hang-gliding, riding an ultra-light plane, riding a gyroplane, or similar dangerous activities resembling these when not included in the Agent Organized Tour, COMPANY will not pay the compensation and/or condolences from (1) of this Section. Provided, however, that this excludes when such activity or activities are included in the Agent Organized Tour itinerary.
- (4) COMPANY will not pay compensation for damages with respect to items ineligible for indemnification as set forth in the COMPANY Charter including, without limitation, cash, marketable securities, credit cards, coupons, airline tickets, passports, licenses, visas, certificates of deposit or savings (including bank passbooks or ATM cards), all types of data and items conforming thereto, and contact lenses.
- (5) Even in the event that COMPANY bears both the indemnification payment obligation subject to (1) of this Section and the compensation for damages obligation according to the preceding Section, when either obligation has been performed, both the indemnification payment obligation and the compensation for damages obligation shall be considered fulfilled at the cap of the given amount.
Customer Liability
- (1) If COMPANY incurs damages due to customer behavior that is willful, negligent, at odds with laws or against the public order and morals, or by the customer failing to abide by the provisions of the COMPANY Charter, COMPANY shall charge the customer for compensation of the damages.
- (2) When the customer makes and enters into an Agent Organized Tour Agreement, the customer must leverage the information provided by COMPANY and make the effort to understand his or her rights and obligations and other details of the Agent Organized Tour Agreement.
- (3) Following the beginning of the tour, in order to smoothly receive the Tour Services detailed in the written agreement, in the rare case that the customer realizes that the Tour Services provided differ from those in the written agreement, the customer must, without delay, notify the tour operator, conciliator, local guide, the institution providing the Tour Services, or the store of application to that effect from the location of the tour.
- (4) If COMPANY deems the customer is in a state requiring protection due to causes including illness or injury, COMPANY may take requisite measures. In such case, if the cause is not attributable to COMPANY, the customer shall bear the expenses required for such measures, and the customer must pay the given expenses by the deadline and in the manner specified by COMPANY.
- (5) If coupons, tickets, or vouchers are lost, the customer shall bear the transportation facility fares and/or fees associated with re-issuing the coupon, ticket, or voucher. The fares and/or fees in such case shall be the amount stipulated by the transportation facility.
22.Itinerary Guarantees
22.Itinerary Guarantees
- (1) When critical changes to the contract enumerated in the left-hand column of the following table arise (excluding, however, the changes stipulated in [1], [2], or [3] of the following), COMPANY shall pay the customer change compensation of the amount obtained by multiplying the rates listed in the right-hand column of the following table by the “Tour Fee” set forth in Section 7 within 30 days calculated from the day following the last day of the tour. Provided, however, that if it is clear that COMPANY will incur liability subject to the provisions of Section 19, (1) with respect to such changes, COMPANY shall pay the compensation for damages in whole or in part rather than pay the customer change compensation. The amount of change compensation paid per Tour Agreement shall be capped at 15% of the tour fee.
- [1] For changes due to any of the causes listed as follows, COMPANY will not pay change compensation. (Provided, however, that change compensation will be paid for changes due to the occurrence of shortages of seats, rooms, or other facilities on transportation and/or at accommodations regardless of whether the service has been provided.)
- Hindrances to the itinerary brought about by inclement weather or acts of God;
war;
riots;
governmental orders;
suspension of Tour Services for reasons including, without limitation, cancellation, interruption of service, or closing of transportation facilities or accommodations;
provision of transportation services not in accordance with the initial operating plan such as modifications to the transportation schedule or delays; or,
necessary measures to secure the safety of body or life of the tour participants. - [2] When the Tour Agreement is rescinded subject to the provisions of Section 15 and/or Section 16, COMPANY will not pay change compensation for changes pertaining to the rescinded portions.
- [3] COMPANY will not pay change compensation even when there are changes to the order in which the Tour Services detailed on the homepage are received if such Tour Services are received during the tour.
- (2) Regardless of the provisions of (1) of this Section, the amount of change compensation paid subject to one Tour Agreement by COMPANY shall be capped at the amount obtained by multiplying the “Tour Fee” set forth in Section 7 by 15%. COMPANY will not pay change compensation when the amount of the compensation paid subject to one Tour Agreement is less than one thousand (1,000) Japanese yen per person.
- • Change Compensation (* Amount of change compensation = the rate below per contract x the tour fee)
- Changes for which COMPANY pays change compensation
- When the customer is notified by the day prior to the beginning of the tour
- When the customer is notified following the beginning of the tour
- Changes to the beginning or ending date of the tour detailed on the homepage or in the written agreement
- Changes to the tourist area(s) to be entered or tourist facilities (including restaurants), or other tour destinations detailed on the homepage or in the written agreement
- Change to a lower fee of service class or facility on the transportation facilities detailed on the homepage or in the written agreement (limited to cases in which the total value of fees for the service class and facilities after changes falls below that of the service class and facilities detailed on the pamphlet or in the written agreement)
- Changes to the type of transportation facility or the company name thereof detailed on the homepage or in the written agreement
- Changes to a different flight from the airport from which the tour begins in Japan or the airport from which the tour ends detailed on the homepage or in the written agreement
- Changes to a connecting flight or transit flight from a direct flight between Japan and a foreign country detailed on the homepage or in the written agreement
- Changes of the type or name of accommodations detailed on the homepage or in the written agreement
- Changes to the type of guest room, amenities, views, or other guest room conditions of accommodations detailed on the homepage or in the written agreement
- Of the changes listed in 1 through 8 above, changes of matters which were detailed in the Tour Title on the tour homepage or in the finalized document
- Note 1:
When there are changes between the details set out on the homepage and the details set out in the finalized document, or when there are changes between the details set out in the finalized documents and the details of the Tour Services actually provided, each change shall be handled as a single instance. - Note 2:
With respect to the changes listed in 9., the rate for 9. shall apply absent the rates from 1 through 8. - Note 3:
One change shall mean one incident for each boarding on transportation facilities, one incident for each one-night stay for accommodations, and one incident for each applicable instance for other Tour Services. - Note 4:
Even in the event that multiple instances of the changes listed in 4., 7., and 8. occur as part of a single boarding or one-night stay, the single boarding or one-night stay shall be handled as a single change. - Note 5:
When the transportation facilities listed in 3. and 4. are associated with the use of accommodations, each one-night stay shall be handled as one instance. - Note 6:
4. Change of company name of transportation facility, and 7. Change of name of accommodations, shall refer to changes of the actual transportation facility and/or accommodations - Note 7:
With respect to 4. Change of company name of transportation facility, the change shall not apply in cases associated with changes to service classes or amenities that are more expensive.
Tour Terms and Services through Network Agreement
- COMPANY Group may accept tour applications on the requirement that “payment of costs including the tour fee and cancellation fees are received without the signature of the cardholder” (hereinafter, “Network Agreement”) with a credit card issued by COMPANY, or from a cardholder of a partnering credit card company (hereinafter, “Partner Company”). The tour terms and conditions of the Network Agreement differ from the ordinary tour terms and conditions in the ways set forth below (such handling may be unavailable depending on the contracted travel agency; the type of acceptable cards also differs depending on the contracted travel agency).
- (1) “Date of Card Usage” as used in this Section shall refer to the date on which payment or refund obligations, including tour fees subject to the Tour Agreement, should be performed by the cardholder and/or COMPANY..
- (2) Upon application, COMPANY Group shall be notified of information including the “Cardholder Number (credit card number)” and the “Card Expiration Date.”
- (3) When COMPANY Group notifies approval of making and entering into a Tour Agreement over the telephone or via mail, the Tour Agreement made through a Network Agreement shall take effect at the time the notification is sent or made by COMPANY Group, and when COMPANY Group notifies approval via means of electronic approval notifications such as e-mail, the Tour Agreement shall take effect when the notification arrives at the customer.
- (4) COMPANY Group shall receive payment of the “tour fee amount detailed on the homepage” or the “cancellation fees set forth in Section 14” without the signature of the cardholder on the specified form via a Partner Company’s card. In such case, the Date of Card Usage shall be considered the “Effective Date of Contract” (provided, however, that when the Effective Date of Contract is prior to the date corresponding to the 14th day before the day prior to the beginning of the tour, it shall be the “date corresponding to the 14th day (or the following business day if it falls on a holiday”).
- (5) When a request is made to rescind the agreement, COMPANY Group shall refund the amount of the tour fee less cancellation fees within seven days calculated from the day following the request for rescission as the Date of Card Usage (30 days in the case of reduced price or rescission following the beginning of the tour).
- (6) In the event that payment cannot be made with the credit card offered by the cardholder for reasons such as credit rating, COMPANY Group shall rescind the Network Agreement and shall charge the cancellation fees and penalties of the same amount from Section 14, (1). Provided, however, that this shall not hold if payment of the tour fee is made in cash by a deadline specified separately by COMPANY Group.
Enrolling in Domestic Travel Insurance
- In the event of illness or injury while traveling, tremendous costs including medical fees and transportation expenses may be incurred. In the event of an accident, claims to the fault-bearing party for damages and collection of compensation for damages can be extremely difficult. In order to cover these, we recommend that customers enroll themselves in an adequate level of domestic travel insurance. Please ask a sales attendant at the store where you apply about domestic travel insurance.
Handling of Personal Information
- (1) With respect to personal information filled in on the application form submitted upon applying for a tour, in addition to using the information to contact the customer, COMPANY Group will use the information within the necessary scope to arrange Tour Services and in procedures for those services to be received on the tour for which the customer applied. In addition, COMPANY Group may use the customer’s personal information to:
- [1] introduce products, services, and campaigns of COMPANY Group and/or partnering firms of COMPANY Group;
[2] request opinions and comments after participating in a tour;
[3] request survey cooperation;
[4] offer special services; or,
[5] create statistical documents. - (2) Of the personal customer data COMPANY Group retains, COMPANY Group may use information of the minimum scope necessary for contacting the customer such as name, address, telephone number, or e-mail address. Please refer to COMPANY’s homepage for other policies concerning the handling of personal information, the name of the manager in charge of such information, and more.
- (3) When COMPANY Group receives an application for a tour including travel insurance while visiting Japan, COMPANY Group shall provide the necessary personal information to the underwriter pertaining to the provision of insurance services from the insurance underwriter, Tokyo Marine & Nichido Fire Insurance Co., Ltd.
Tour Terms and Conditions / Tour Fee Standards
- The basis date for these Tour Terms and Conditions and the tour fees shall be the date stipulated on the homepage.
Other Matters
- (1) For all costs associated with when the customer requests staff such as a tour operator for things including individual guidance or shopping, all costs associated with the occurrence of customer ailments including injury or illness, all costs associated with lost baggage or collection of lost items due to the negligence of the customer, or all costs required for arranging separate activities, the customer shall bear these costs when they arise.
- (2) To promote customer convenience, the customer may be directed to souvenir shops; however, the customer shall make any purchases at his or her own risk. COMPANY cannot and will not assist with activities such as exchanging or returning products.
- (3) Please be aware that when the customer agrees to the system in which the airline requests the customer to voluntarily board a plane other than flight scheduled to be boarded (“Flex Traveler System”) and the customer boards a plane other than the one arranged by COMPANY, COMPANY’s obligation of arrangement and itinerary management shall be considered performed, and COMPANY shall be exempted from the liability to guarantee the itinerary regarding the given change and from the liability for special indemnification.
- (4) COMPANY shall not, in any circumstances, re-conduct a tour.
- (5) Airline mileage service may be earned through participating in COMPANY Group’s Agent Organized Tours; however, the customer shall take care of inquiries, registration, or other matters concerning such services with the given airline. COMPANY Group shall not bear the liability from Section 19, (1) and Section 23, (1) due to changes in the airline to be used.
Tour Planning
Contact Telephone Number: 0570-666-447
Tourism Agency Commissioner Travel Agent Registration No. 1899
Official Member, Japan Association of Travel Agents
Tourism Agency Commissioner Travel Agent Registration No. 1899
Official Member, Japan Association of Travel Agents