| 1.Contract for Agent-Organized Tours |
| 1. |
Responsibility rests with the company operating Agent-Organized Tours(hereinafter referred to as JTBH)whose name in full appears below and in its tour pamphlets. Clients joining such tours shall conclude an Agent-Organized Tour Contract (hereinafter referred to as the Travel Contract) with JTBH.
JTB Hokkaido Corp. (JTBH) Address Urbannet Sapporo Bldg.(8F)1-2 Nishi6-chome,Kita1-jo,Chuo-ku, Sapporo,Hokkaido,Japan,060-0001 Japan Tourism Agency Registered Travel Agency No.978 |
| 2. |
JTBH shall provide tour arrangements and itinerary management so that the client receives our services including transport/accommodations(hereinafter referred to as "tour services") provided by transportation/accommodation operators during the tour itinerary set by JTBH. |
3. |
The content and conditions of the contract shall conform to those specified for each tour itinerary, conditions as specified hereunder, the final itinerary handed to clients before departure (hereinafter referred to as the "Final Tour Itinerary"), and Agent-Organized Tours as described in JTBH's general terms and conditions as based on the Travel Agency Law(hereinafter referred to as "General Terms and Conditions of Agent Organized Tours"). |
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2. Application for Agent-Organized Tour Contracts and their Conclusion |
1. |
The client shall provide on the JTBH application form information as required by JTBH and submit the form together with the necessary reservation deposit. Said deposit shall be applied to the tour fare, cancellation charges or penalties. |
2. |
JTBH may accept applications for travel contracts by telephone, mail, facsimile and other means of communication. In such cases, the client shall submit the application form and reservation deposit to JTBH within 3 days counting from the day when acceptance of application is confirmed. If the client fails to supply the required application form and deposit within 3 days, the reservation shall be voided |
3. |
The Travel Contract shall become valid upon JTBH" s consent to the conclusion of the contract and receipt of the reservation deposit. If tour arrangements are made by phone, the Tour Contract shall become valid upon JTBH's acceptance of the tour deposit as specified in the Article 2. When clients request tour arrangements by mail, facsimile or other communication methods, the tour contract shall become valid upon payment of the Tour Deposit and JTBH's notification of acceptance of the tour contract. The contract for any tour request by any communication including telephone, mail, facsimile or other shall become valid as specified in Article 23(1). |
4. |
When applying for group tour arrangements(more than 2 people), the tour contract including conclusion and cancellation of the contract shall be exchanged between JTBH and the group representative. |
5. |
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6. |
The client shall notify JTBH when submitting application if requiring special consideration during the tour period, JTBH shall comply with such requests when feasible. |
3. Special Conditions of Tour Application |
1. |
A client under 20 years of age and traveling alone during the tour period shall provide JTBH with written consent of his/her guardian. Clients under 15 years of age must be accompanied by a parent or guardian. |
2. |
JTBH may refuse an application if any one of the client's age, qualifications, skills or other conditions do not conform to those designated for tours aimed at specific customer categories or purposes. |
3. |
Clients who require special attention from JTBH during the tour for reason of chronic disease, general ill-health, pregnancy or physical handicap, shall advise JTBH of this when applying for the tour. JTBH shall comply with such requests to the extent deemed feasible and reasonable. In such cases, JTBH may require clients to present a medical certificate. JTBH may refuse a client's application if conditions at travel destinations and facilities are such that safe, smooth tour operation cannot be guaranteed, or require the client to be accompanied by an escort. Notification concerning acceptance or rejection of client participation in the tour shall be made by JTBH within one week after the application is submitted. |
4. |
If JTBH determines that the client needs medical diagnosis or treatment by a physician owing to illness, functional disease or other reasons during the tour, JTBH shall take measures necessary to ensure smooth operation of the tour. All costs resulting from such measures shall be borne by the client. |
5. |
Independent activities for reasons of the client's own choosing shall not be arranged by JTBH during the tour. However, JTBH may, depending on the tour course, arrange such activities under separate conditions. |
6. |
JTBH may refuse client participation if it determines that he or she threatens to embarrass, inconvenience or interfere with the collective activities of tour participants. |
7. |
JTBH may also refuse client participation for the tour operational reasons. |
4. Contract Document and Final Tour Itinerary |
1. |
After the client has entered into a Tour Contract with JTBH as stipulated in Articles 2 & 3 above, the brochures and the tour conditions listed herein shall be included in the Travel Contract. |
2. |
Unless specified in the Travel Contract, JTBH shall immediately submit a written tour contract stating tour itinerary, details of the services, other tour conditions and JTBH responsibility to the clients, not later that one day prior to tour departure date. Irrespective of the above, when application for the Agent-Organized Tour is made on or after 7 days prior to the eve of tour departure, the Final Tour Itinerary shall be presented to the client by the departure date. |
3. |
The scope of travel services for which JTBH is liable in arranging and administering the itinerary shall be specified in the Travel Contract as stated in Paragraph 1. hereinabove and in the Final Tour Itinerary as stipulated in Paragraph 2. hereinabove. |
5. Payment of Tour Fare |
6. Amount of Tour Fare |
1. |
Clients 12 years of age or more shall be charged adult fare and those aged 6 to 11 shall be charged child fare unless otherwise specified. However, when a tour includes air travel, persons aged 3 to 5 will be charged child fare. One child five years of age or less can join the tour in the company of an adult, but will receive no services such as meals or bed. If more than one child, one child fare will be charged for each additional child five years of age or less. This does not apply to tours for which infant fares are quoted. |
2. |
The fare is indicated for each tour course. Clients are asked to confirm the fare according to the departure date and the number of participants. |
3. |
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7. Included in the Tour Fare |
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8. Not Included in the Tour Fare |
1. |
Laundry, telephone, additional meals and drinks, and any other expenses of personal nature. |
2. |
International and domestic air fares. |
3. |
Airport departure taxes. |
4. |
Excess baggage.(piece concept:3) Heavy baggage.(weight limits:20kg per piece) |
5. |
Guide and assistance services for tours noted as "Free Plan". |
6. |
Medical expenses for injuries and illness. |
7. |
Traveling and accommodation costs between arrival/departure and the start and end points of the itinerary. |
9. Additional Fares |
1. |
Additional charges for" "Upgrade Plans" " for upgraded hotels or class of room. |
2. |
Additional charges for changing from a " Plan Without meals" to a "Plan With Meals" |
3. |
Additional charges for "Hotel Extension Plan" " to extend the staying period |
4. |
Surcharges for upgrading airline classes |
5. |
Other additional charges as specified in pamphlets and other material. |
10. Revision of Contents of Travel Services |
11. Change of Tour Fare |
1. |
JTBH may revise its schedule of fees in accordance with increases or reductions of transport fares and/or charges for Agent-Organized Tour owing to unusual or unforeseen economic developments. In such cases, JTBH shall notify the client no later than the 16th day prior to the eve of departure. |
2. |
JTBH may, when tour operational costs have risen owing to factors as stipulated in Article 10 above, revise the tour fare accordingly, except when substitutions are required because of a shortage of such facilities, as transport seats, hotel rooms, etc. |
3. |
In the event travel costs decrease, JTBH shall reduce the tour fare accordingly. |
4. |
If JTBH specifies that tour fares are dependent on the number of participants and there is a change in the number of the participants due to reasons beyond JTBH's responsibility, JTBH shall change the tour fare within the allowable range specified in the tour contract. |
12.Change of Tour Participants |
1. |
A client who has entered into a Travel Contract may, with JTBH consent, transfer the status in the contract to a third party. In this case, the clients shall enter the required information in the form provided by JTBH and submit it together with the specified handling fee. |
2. |
The transfer of status in the contract to a third party as stipulated in Item 1. of this Article shall become valid by the consent of JTBH. |
3. |
JTBH may reject a change in the name of travelers if transportation or accommodation operator does not accept the change or for any other reason. |
13.Cancellation of Travel Contract by the Client |
1. |
The client is at all times entitled to cancel the Travel Contract, but must pay JTBH a cancellation charge as stipulated in Article 15 below.
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2. |
If the client changes the departure day or any transportation/accommodations for his or her convenience, JTBH shall consider it the cancellation of the entire tour and the specified cancellation charges will be levied on the client. |
3. |
JTBH shall accept the cancellation requests during the office hours of the office where the client originally requested the tour. |
4. |
In any of the following cases, the client may cancel the Travel Contract without paying a cancellation charge.
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5. |
JTBH shall refund the remaining amount of the received tour fare(deposit) after deducting cancellation charges. If the tour deposit is not enough to cover the cancellation charge, JTBH shall charge the difference separately. When the tour contract is cancelled due to the reasons specified in Article 13-4, JTBH shall make the full refund of the received tour fare(deposit). |
14. Cancellation of Travel Contracts and Tour Operation by JTBH |
1. |
If the client has not paid the tour fare by the prescribed date, JTBH may cancel the Travel Contract. In such cases, the clients shall pay JTBH the applicable cancellation charge. |
2. |
In any of the following cases, JTBH may cancel the Travel Contract. |
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3. |
When JTBH cancels the Travel Contract in accordance with Paragraph 1. hereinabove, it shall refund payment after deducting the specified penalties from said payment or from the deposit received from the client. When JTBH cancels a tour in conformity with Paragraph 2. hereinabove, it shall return the full amount of the tour fare(or deposit)received from the client. |
15. Cancellation Charge |
1. |
1. If a client cancels the Travel Contract for personal reasons, the following cancellation rates will apply to the tour fare. Clients remaining in the tour will incur the balance of additional per room costs associated with the change in number of participants.
The following applies to cancellations of the tour spaces: |
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2. |
In case of cancellation in booking via travel loan beyond JTBH responsibility, the above cancellation charges will apply. |
3. |
If a client fails to pay the tour fare by the designated date, JTBH will assume the client has canceled as of the following day, and the cancellation charges specified above will apply. |
16. Cancellation After Departure |
1. |
Cancellation by client
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2. |
Cancellation by JTBH |
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| 3. |
17. Refund of Travel Costs |
| 1. | Should JTBH incur any liability to make a refund to a client in case such as the tour fare reduction in accordance with Article 11, and if either the client or JTBH has canceled the Travel Contract in accordance with Articles 13 through 16, JTBH shall make said refund within the 7th day from the next day of cancellation, when effecting refund before tour departure, and within 30 days counting from the day after the tour ends, as stipulated in the contract in case of reduction or cancellation after tour departure. However, should there be any expenses as cancellation charges, penalties, etc. which JTBH has already paid or will have to pay for services not provided because of tour cancellation, said expenses shall be borne by the client. |
| 2. | The client shall be required to request a refund at the sales office where the client bought the tour within one month of the planned tour departure day. |
| 3. | The client shall be required to return all tour coupons when requesting a refund for said tour coupons. Otherwise, JTBH may not be able to make any refund. |
18. Itinerary Management |
1. |
JTBH shall make efforts to ensure the client's safe and smooth traveling and shall not provide the services listed below for the client, except when JTBH and the client have concluded the special contract to provide such services. |
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| 2. | Tour conductors shall be licensed as authorized by the Guide Business Act and generally referred to in the contract as an "English-speaking guide." |
| 3. | Tour itineraries which specify "to be escorted by English-speaking guide" will provide such accompaniment as a general rule. The English-speaking guide shall ensure the safety of clients and smooth operation of the tour as stipulated in the Travel Contract. Clients shall obey the instructions of the English-speaking guide so that the tour can unfold safely and smoothly. Hours during which the English-speaking guide renders services shall, in principle, be from 08:00 to 20:00. In certain tour itineraries, from departure to completion, an English-speaking guide shall be provided only at sightseeing destinations. |
| 4. | An English-speaking guide shall not accompany clients on individual-type tours. Clients joining such tours will be responsible for procuring the desired services after being provided with travel coupons and/or tickets by JTBH. |
| 5. | In cases where travel services must be altered owing to inclement weather or other conditions during unaccompanied portions of tour, clients shall be responsible for arranging the required services on their own behalf. |
19. Liability of JTBH and Exemptions |
| 1. | In performing its obligations under the terms of its Tour Contract, should JTBH cause damage to the client through willful negligence or fault, JTBH shall be liable for such damages. However, this only applies if the damage report is made within 2 years reckoned from the day following the occurrence of the damage. |
| 2. | JTBH shall compensate for damage to baggage as stated above, provided that said damage is reported within 14 days counting from the day after the occurrence, up to a maximum of 150,000 yen per person. Not applicable when damage is caused intentionally by JTBH or through serious negligence. |
3. |
JTBH shall not be liable for damages incurred by clients as stipulated in Provision 1. hereinabove if any of the following reasons apply : |
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| 4. |
20. Special Indemnifications |
| 1. | In accordance with the JTBH Organized Tour Contract, JTBH shall pay compensation, or provide condolence money to the client in the event of death or significant bodily harm and/or pay compensation money for damage to baggage, which is either coincidental with or due to extenuating circumstances encountered during the Organized Tour, regardless of JTBH's responsibility as stipulated in 1. of Article 19. |
| 2. | JTBH shall not pay compensation or provide condolence money as stipulated in 1. of this Article when damages result from the client's willful negligence, driving while intoxicated and/or illness. The same restriction applies should the client engage in such dangerous sports and activities as skydiving, luge, bobsledding, hang-gliding(motor-driven or otherwise), giro-planing, mountain climbing(using such specialized tools as picks), go-carting, snow-mobile, and others not included in the Organized Tour and engaged in during a client's free time. |
| 3. | Except for articles listed as exempted from JTBH responsibility as specified in JTBH terms and conditions, the following items are also exempted from JTBH responsibility. Jewelry/precious metals(excluding those used for practical every day use such as wrist watches and glasses), personal computers/word processors and accessories, data and similar items, drivers licenses, visas, deposit receipts(including bankbooks and bank cards)and similar articles, and equipment for windsurfing, scuba diving, surfing or similar sports. |
| 4. | In case JTBH incurs both the duty to pay compensation as stipulated in 1. of this Article and to indemnify client for damages in accordance with Article 19, both shall be regarded as "already executed" within their amount limits when any one of the above duties is satisfied. |
21. Liability of Client |
| 1. | The client is required to make every effort to utilize information acquired from JTBH and to understand the details of his/her rights/responsibilities as well as the details of tour conditions. |
| 2. | After the start of the tour, if a client should find that the tour service provided is different from that specified in the tour contract, the client is required to report the discrepancy to JTBH or Arrangement Agents for JTBH or Tour Service Providers immediately.
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22. Itinerary Booking Guarantee |
1. |
Should major changes occur in Travel Contract contents as stated in the lefthand column of the following table(except for changes mentioned in the 1)through 3)below, JTBH shall calculate the change compensation money by multiplying tour fares by the rate indicated in the righthand column of the table, and make refund to the client within 30 days counting from the day after the tour ends. However, if it is evident that liability as set forth in 1. of Article 19 occurs owing to said changes, JTBH shall pay the amount not as compensation for changes but as either a portion or total amount of indemnification for damages. |
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| 2. | Regardless of Item 1. hereinabove, the maximum amount of compensation for changes paid by JTBH under one organized Tour Contract shall be the tour fare multiplied by 15%. This money will not be paid, however, if the total amount is less than 1,000 yen. |
| 3. | When the situation warrants, JTBH shall indemnify the client by offering economic benefits equivalent to compensation money, or damage indemnification instead of cash payment, if the client so agrees. |
| 4. | If, after JTBH has compensated for changes made in accordance with Provision 1. hereinabove, it becomes evident that JTBH is responsible for the changes as stated in Article 19, Provision 1., JTBH shall pay the client for the damages mentioned in Article 19 after deducting the sum already paid under the terms of Provision 1. hereinabove. |
| 5. | JTBH shall not provide compensation when the order in which tour services are provided change from those originally stipulated when all services are provided during the tour. |
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Note: 1: "One lncident" represents one train ride, one automobile ride or one ship ride in case of transportation; one overnight stay in case of accommodations; and one change in each of the applicable items involving other services. 2: If multiple changes as stated in (4) to (6) above occur during one train, automobile or ship ride, or one overnight stay, they will be regarded as a single alteration. 3: Only one rate shall apply for changes as stated in (7) as above. |
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23. Correspondence Contract |
| 1. | A contract shall be based on "travel business-related stipulations that are used for conclusion of a travel contract by Correspondence means contract." |
| 2. | A contract shall be concluded at the time when we consent in the case of application by telephone, and when we issue a notification of our consent in the case of other communications means. At the time of application, information of the "member number, card expiration date," etc., shall be provided. |
| 3. | A "card usage date" shall be the day of payment or repayment of travel charge, etc. The card usage date for travel charges shall be the "date when a contract is concluded." The card usage date for cancellations fees shall be "the day cancellation of a contract is requested(when a request for cancellation is made on or after the card usage date for travel charges, repayment shall be made within seven days from the day after the request." |
| 4. | When payment cannot be made using the credit card a member applies with due to a credit reason, etc., we shall cancel the Correspondence Contract, and be entitled to the same amount as the cancellation fees mentioned in the above, as payment for damage caused by a breach of contract. However, this shall not apply if travel charges are paid in cash by a date we designate separately. |
24. Privacy Policies |
25. Standard of Tour Conditions and Fares |
All the tour fares are effective from April 1, 2010 to June 31, 2010 unless otherwise specified in the tour description.
26. Others |
| 1. | The client shall pay the expenses incurred when he or she asks for the personal accompaniment of a tour conductor for such purposes as guiding shopping, etc., costs arising from client injury or illness, the return of lost baggage or articles left behind owing to personal negligence, as well as changes incurred by independent activity. |
| 2. | The client shall accept all responsibility for decisions regarding individual purchases at souvenir shops even when said shops are introduced by JTBH or its local tour operators. |
| 3. | Other matters are subject to the JTBH Travel Contract, including related tour documents presented separately. |