1.Change of Tour Contract・Change of Tour Price
Change of Tour Contract
When the reason that offer or other we of the carrying service not to depend on a natural calamity in heaven and earth, war, a riot, the order of the public office, the cancellation of the trip service offers such as transport, the accommodation engine, an original service plan cannot participate in produces it even if we are after the trip contract conclusion, the immediately beforehand reason concerned explains the reasons why we cannot participate in in guest when I am unavoidable to measure the safe and smooth conduct of the trip and, in an itinerary, may change contents or other contents of the trip service. But I explain it after a change in an urgent case when I am unavoidable.
Change of Tour Price
TOPTOUR CORPORATION (hereinafter to be referred to as “We” ”Us” ”Our” as the case may be) may change the amount of Tour Price for any of the following reasons even after conclusion of Tour Contract.
- (1) In cases where the transport fare and charge applicable to the transport facilities being used for the implementation of the Package Tour (hereinafter in this Article referred to as the “Applicable Fare and Charge”) are increased or reduced considerably beyond price levels as normally assumed, due to significant changes to economic and/or other conditions, compared with the Applicable Fare and Charge specified at the time when the Package Tour was originally offered, we shall be permitted to increase or reduce the amount of the Tour Price within the range of the amount so increased or reduced. In cases where we increase the Tour Price as provided for in this Paragraph [2-(1)]we shall inform the Traveler to that effect no later than the 15th day prior to the starting date of the Tour. In cases where the Applicable Fare and Charge are reduced, we shall lower the Tour Price by the amount so reduced in accordance with the provision of said Paragraph.
- (2) In cases where changes in the contents of the Tour Contract, according to the provision of preceding Paragraph 1-(1) result in any increase or decrease to accrue in the expenses required for the implementation of the Tour (including cancellation charges for the Tour Service not received due to changes in the contents of said Contract, penalties and/or other prepaid or payable expenses), we reserve the right to make changes to the amount of the Tour Price, within the range of the amount increased or reduced when such Contract Contents are changed (except when such a change is the result of a lack of vacancies in the transport and accommodation facilities, or rooms and other facilities, despite the relevant Tour Service and seats/places as provided by the transport and accommodation facilities)
- (3) When the number of people participating in the Tour changes due to reasons not attributed to us after the conclusion of the Package Tour Contract, in cases where we have stated in the Contract Document that the Tour Price varies with the number of people utilizing the transport and accommodation facilities, we reserve the right to change the amount of the Tour Price as described in the Contract Document.
Change of Traveler
- (1) A Traveler who has concluded a Package Tour Contract with us, may assign his/her status under said Contract to a third party, subject to our consent. In cases where the Traveler wishes to obtain our consent as provided for in this paragraph, said Traveler shall fill in the necessary information on a form as designated by us, and submit it with the handling fee of a designated amount, to us.
- (2) We may reject a change in the name of travelers if a company of transport, accommodation facilities does not accept the change of Traveler.
- (3) The assignment of said status under the Contract, as provided for in [3-(1)] shall take effect when approved by us. After such approval, the third party who has acquired such status under the Tour Contract, shall inherit all rights and obligations concerning said Package Tour Contract as originally concluded by the Traveler.
2. About Cancellation of the Contract and Refund
The Traveler’s rights in canceling the Contract
- (1) Cancellation before the start of the tour
- 1.Cancellation by the guest
- (a) The Traveler may, at any time, cancel the Package Tour Contract by paying to us the cancellation fee as specified in the Table of cancellation policy. In this case, we shall refund the remaining amount of the received tour fare (deposit) after deducting cancellation charge. If the tour deposit is not enough to cover the cancel charge, we shall charge the difference separately. As specified in the table of cancel charge, “A day of cancel of Tour Contract” is when the client apply for release the tour contract during our Business hours. (Our business hour is 9:30am until 6:30pm from Monday through Friday, except National Holiday, New Year’s Eve, and New Year).
- (b) If the Traveler wish to change the date of Tour or to change the course for the personal reasons, the traveler cancel the original contract and has to apply for the new correspondence contract. Even if the Traveler may cancel a part of the number of travelers from the original number of travelers, the cancellation charge as specified in the table is applicable to the Travel contract. In this case, we shall charge the cancellation charge as specified in the table of cancellation charge.
- (c) The Traveler may cancel the Package Tour, in the following instances without having to pay the cancellation. In this case, we shall refund the travel fare (or deposit) which we received.
- * In cases where the Contract Contents are changed preceding the paragraph 1-(1.) by us This is, however, limited only to those cases resulting from such changes as those listed in the table of cancellation charge, or other important changes.
- * In cases where the Tour Price is increased under the preceding provision of 1-2 (1).
- * In cases where unusual and unforeseen circumstances arise due to reasons beyond our control, including, but not limited to acts of God/providence, war, riot, orders from government and other public agencies, suspension and/or closure of Tour Services such as transport and accommodation facilities, and other such circumstances that affect the safe and smooth implementation of the Tour, or that have increased the potential of disabling the tour to an extreme extent.
- *In cases where the completion of the Tour is prevented/precluded as scheduled according to the itinerary described in the Contract Document, as a result of causes attributed to us.
- *In cases where we fail to deliver the Determinate Document, such as final itinerary and vouchers to the Traveler on or prior to the date specified in the following.
- We hand the final documents (a final itinerary and vouchers) in which is described the final itinerary, main transport, name of accommodation facilities one day before of starting date of the Tour. However in case that the application is accepted after seven days until one day before of starting travel, we may hand the final documents one day before of starting date of travel. We explain the situation of the reservation to the Traveler if the Traveler requires.
3. Responsibility of Our Company
- (1) We shall be accountable for the compensation of damages suffered by the Traveler intentionally or negligently by us, or by our agent who has been engaged by us to make arrangements on our behalf of the company (hereinafter referred to as the “Business Agent”). Such compensation shall be limited to cases where notice has been given to us within two years from the day immediately following the day when such damages have been suffered.
- (2) In cases where the Traveler suffers damage due to unusual and unforeseen circumstances arising due to reasons beyond our control in the followings, we shall not be held liable for compensation, except in the case of preceding Paragraph 3- (1) However if intentional acts and faults of us, or of Business Agent are certified, we are responsible for the compensation of damages
- a) Natural disaster, Acts of God/providence, war, riot, orders from government or other public agencies, isolation resulting from infectious diseases, and suspension and/or closure of Tour Services effected by the above reasons.
- b) Suspension of services related to transport and accommodation facilities, Suspension and /or closure Tour Services effected by Accidents, Damage of fire
- c) Accidents during the free time
- d) Food poisoning
- e) Theft
- f) Delays, stoppages, changes of schedule and route changes, or alternation of tour itinerary, or shortage of staying at destinations
- (3) With regards to damage caused to baggage as described in preceding paragraph of 3-(1) notwithstanding the provision of said Paragraph, we shall compensate the Traveler to a maximum limit of \150,000 per Traveler (except in cases where the damage was caused by us intentionally, or was a direct result of our negligence/fault). Such compensation shall only apply provided we are notified of the damage, no later than 14 days after the day when such damage was suffered in the case of inland trips.
4 .Special Compensation
- (1) We shall pay compensation money and solatium of the amount as set beforehand respectively for certain damage caused to the life, body or baggage of a participating Traveler during the Package Tour, in accordance with the provision of the separate Rules of Special Compensation, regardless whether or not we are accountable for causing said damage in within the limits of compensation payable based on said accountability,
■Compensation for Death — JYE15,000,000
■HospitalizationJYE 20,000 ? JYE200,000
The amount is subject to change depending on the number of days spent for Hospitalization. day of hospitalization)
■Hospital visits –JYE10,000 ? JYE50,000-
* The amount is subject to change depending on the number of days spent for Hospital visits
■Damage to Personal Belongings JYE150,000 per Traveler(The limit of compensation amount is JYE100, 000 per 1 goods. 1 pair of the belonging) Notwithstanding the provision of the Article No. 18-2, Rules of Special Compensation, item such as Cash, Credit Card, Valuables, Films which has been used, listed in the Articles, shall not be included in Compensable Goods. Misplaced and lost shall not be included in the Compensation.
- (2) We shall not pay Compensation for Damage for the damage caused by the causes listed in the following cases.
a) Willfulness of the Traveler, driving under influence of alcohol, Intentional offence act, Received the service of Offense against the law. The case described in the special Compensation rule of Article 5- 05.01 such as dangerous activities similar to these. such as, Mountain climbing (Climbing, climbing equipment such as ice axes,crampons, ropes, hammers), tobogganing, bobsledding, skydiving, hang gliding, operating an ultra-light motorized planes, such as motorized hang gliders, micro-light planes, and ultra-light planes), flying a gyro plane, and other dangerous activities similar to these.
- (3) We shall not pay Compensation for Damage if the Traveler suffered the damages during the period of “Our No Operation Date” that is when our travel services is not completely provided, and this is also actually described “The special compensation rules is not applicable on that day.”
5. Guarantee of Itinerary
- (1) In cases where a major alteration is made to the Tour Contents described in the attached table number of 2, cancellation (excluding alterations caused by the lack of vacancies in the transport and accommodation facilities, or rooms and other facilities, despite the relevant Tour Service and seats/places as provided by the transport and accommodation facilities and with the exception of alterations as described in the following instances),we shall pay compensation for such alterations in excess of the amount by multiplying the Tour Price by the percentage as specified in the attached table. This shall be done no later than 30 days after the last day of the Tour, except in cases where it is clear that our accountability arises under preceding paragraph 4(1) regarding said alterations.
- 1. Alterations due to the following causes:
(a) The bad weather and Natural Disaster, Acts of God/providence unforeseen which hinder the tour itinerary (b) War (c) Riot (d) Orders from government and other public agencies (e) Suspension and/or closure of Tour Services such as transport and accommodation facilities (f) The offer of transport services not originally included in the travel plan.(g) Measures undertaken to ensure the safety of Tour Participants
- 2. Alterations related to the cancelled portion of the Package Tour Contract based on provisions from Article B.
- 3.We may not pay the Compensation of fee in case the Traveler could receive the Travel services even if the order of service is changed.
- (2) The maximum amount of compensation payable by us for such alterations shall be the amount as calculated by multiplying the Tour Price per Traveler for one PackageTour by the percentage set by us in excess of 15%. However, in cases where the amount of compensation per Traveler falls below 1,000 yen, we shall not be obliged to pay compensation for the alteration.
* In cases where it is clear that our accountability will arise concerning said alteration, based on the provision, after we have paid compensation for thealteration in accordance with the provision, the Traveler will be required to repay such compensation paid for said alteration. In such a case, based on the provision of the afore-mentioned Paragraph, we shall pay the balance by offsetting the amount of compensation payable by us, by the amount of compensation due to be repaid by the Traveler.
6. Accountability of the Traveler
- (1) In cases where we have suffered damage due to the direct intentions and/or fault of a Traveler, said Traveler shall be required to compensate us for the damage.
- (2) When the Traveler concludes the Package Tour Contract, the Traveler shall attempt to fully understand the contents of said Package Tour Contract, such as the right and obligations of the Traveler, etc., by utilizing information as provided by us.
- (3) For the Traveler to receive the Tour Service as planned and described in the Contract Document, after the Tour’s start, the Traveler shall promptly inform us, or our business agent or the provider of said Tour Service at the Touring point, if and when the Traveler realizes that the Tour Service being offered differs from that as stated in the Contract Document.
7. About the purpose of the personal Information providing consignment to third parties
- (1) We may use the personal information provided in the application, to arrange the travel and to provide the travel services, to contact the clients, to make procedures for travel insurances that mortgage the travel expenses in case of accidents and to clarify of the travel contracts. Also we may use the personal information for providing the travel goods, information of campaign, questionnaires and opinions.
- (2) Within the scope of usage stated in previous article, we may provide, via electronic communication in advance, the personal information of customers’ name, age, gender, address, phone-number to the agent of transport, accommodation facilities, insurance company with which that we have contracts
- (3)We may provide, via electronic communication in advance, the personal information of customers’ name, address, return flight number, to the souvenir stores, duty free shops with which we have a contract, in order to facilitate shopping at the traveler’s visiting cities.
- (4) We may entrust the personal information to the agent which deal with any data related to the travel services and guidance of travel services.
- (5) In order to avoid the errors of travel arrangement and services, please be kind to fill out the correct information in application form.
- (6) Please contact the departments below for any issues concerning personal information regarding customers’ personal information we possess, we will advise the necessary procedure for those who request to disclose, delete or destroy, stop the use, sharing with third parties.
- About a package tour contract article
[table 1] Cancellation Condition
a) TOURS include accommodation
|The cancellation date of the trip contract
|If notice of cancellation is received by TOPTOUR CORPORATION 20 days to 8 days prior to the starting date of the Tour
||20% of tour fare
|If notice of cancellation is received by TOPTOUR COPPORATION 7days to 2 days prior to the starting date of the Tour
||30% of travel charges
|If notice of cancellation is received by TOPTOUR COPPORATION 1 day prior to the starting date of the Tour
||40% of travel charges
|If notice of cancellation is received by TOPTOUR CORPORATION starting time of the tour
||50% of travel charges
|After day of departure, or in case of failure to show without notice
||100% of travel charges
|The contents of the change
||Percentage of per incident
|When I notify you by a day before the trip starting date
||When I notify you after the starting date
|1. Changes in tour departure or termination date specified in the tour brochures:
|2. Changes in destination or entry to tourist spots and/or facilities (including restaurants) stated in tour brochures
|3. Changes in grade or equipment of transport facilities as stated in tour brochures to those of lower cost (only when the total price after change becomes less than stated in the Tour Contract):
|4. Changes in transport vehicles or of the company operating them as stated in Tour brochures
|5. Change in flight of departure airport and/or termination airport in inland trip
|6. Change in accommodation facilities or the name of the company operating them as stated in tour brochures
|7. Change in type of rooms at hotels, etc. their facilities, or view as stated in tour brochures
|8. Regarding changes in times 1. through 6, above as relating to the tour title in brochures, these rate shall apply instead of those for the above items