Terms and Conditions for Agent-Organized Tour (Overseas Dynamic Packages)

Please be sure to read these Terms and Conditions for Agent-Organized Tour before applying a booking.

Cathay Pacific Holidays Japan LTD.

1. Significance of these Terms and Conditions for Agent-Organized Tour

These Terms and Conditions for Agent-Organized Tour constitute part of the documents explaining terms and conditions specified in Article 12-4 of the Travel Agency Act and the contract documents specified in Article 12-5 of the Travel Agency Act.

2.Agent-Organized Tour Contract

(1)  This tour is a tour planned and operated by Cathay Pacific Holidays Japan Ltd. (Japan Tourism Agency Commissioner Registered Travel Agent No. 1349, Shiodome Building 13F, 1-2-20 Kaigan, Minato-ku, Tokyo) (hereinafter referred to as “the Company”) and the Customer participating in this tour hereby concludes an Agent-Organized Tour Contract (hereinafter referred to as “the Tour Contract”).

(2)  The Company shall accept responsibility for making arrangements and managing itineraries to enable the customer to receive provision of transportation, lodging, and other tour-related services (hereinafter referred to as “Tour Services”) offered by transportation and lodging facilities and the like.

(3)  The content, terms, and conditions of the Tour Contract shall be in accordance with the terms and conditions explained for each course of tour itineraries and the like on the Company website, these Terms and Conditions for Agent-Organized Tour, the confirmation document known as the final itinerary, delivered prior to departure (hereinafter referred to as “the Final Itinerary”), and the section on Agent-Organized Tour Contracts in the Company’s Terms and Conditions of Tour Contracts (hereinafter referred to as “the Company Terms and Conditions”).

3.Application for Tour and Time of Entry into Effect of Contract

(1)  Applications for tours shall be received via the Internet for this tour after the prescribed items have been entered on the Company’s website.(This Tour Contract shall hereinafter be referred to as “the Communication Contract” and shall be in accordance with Paragraph 22.) A Tour Contract based on a Communication Contract shall be deemed to be established when the Company or a commissioned office of the Company listed in “Handling Shops” (hereinafter referred to as “the Company et al.”) has displayed a message to the effect that conclusion of the Tour Contract has been approved on the “contract conclusion approval screen” when the booking is complete.

(2)  If a tour application has been received from a person in charge of contract acting as the representative of travellers who constitute an organization or group, the Company et al. shall be deemed to possess all rights relating to the conclusion, cancellation, and the like of the contract.

(3)  The person in charge of the contract must submit a list of the names of the constituent members by a date specified by the Company et al.

(4)  If the person in charge of the contract is not to accompany an organization or group, the Company et al. shall deem a Constituent Member elected by the person in charge of the contract in advance the person in charge of the contract after the start of the tour.

(5)  The Company et al. shall bear no responsibility of any kind for debts or obligations borne, or expected to be borne in the future, by the person in charge of the contract to the constituent members.

4.Conditions for Application

(1)  It is a condition of participation in tours that the participants have valid visas and passports and will have no problem with customs emigration/immigration in the destination country.

(2)  The consent of a person with parental authority is required for persons less than twenty years of age.Accompaniment by a guardian is a condition for participation by persons less than fifteen years of age.

(3)  For tours directed at specific customer groups or for specific tour goals, if age, qualifications, skills, and other conditions do not match conditions designated by the Company, participation may be refused.

(4)  If the Customer is judged to be an organized crime group, a member of an organized crime group, a person associated with an organized crime group, or any other antisocial force, participation may be refused.

(5)  If the Customer has engaged in actions involving violence or unreasonable demands, actions using intimidating behaviour or violence, or the like toward the Company with regard to a transaction, participation may be refused.

(6)  If the Customer has engaged in actions that obstruct operations, by spreading rumours, damaging trust in the Company et al. through fraud or force, or the like, participation may be refused.

(7)  Persons who require special consideration, such as persons with chronic diseases, persons with currently impaired health, pregnant persons, persons with physical disabilities, and the like should make a declaration to that effect when applying for a tour.The Company shall accommodate such cases insofar as is possible and reasonable.In such cases, expenses required for special measures taken by the Company for the Customer on the basis of the declaration by the Customer shall be borne by the Customer.In such cases, the Company may ask that a doctor’s medical certificate be submitted.Moreover, due to local circumstances, the condition of related facilities, and the like, in order to ensure a safe and smooth tour, accompaniment by a caregiver or companion may be imposed as a condition, the content of the course may be altered in part, another tour with a lesser burden may be recommended, or participation may be refused.

(8)  In the cases described in items (2), (3), and (7) of this Paragraph, the Company shall as a general rule contact the Customer, if such contact is required, by one week from the application date in the case of (2) or (3) or by one week from the declaration date in the case of (7).

(9)  If the Company judges that, due to disease, injury, or other reason arising during the tour, the Customer is in a state requiring examination or medical care by a doctor, the Company shall take measures necessary for the smooth conduct of the tour.All expenses for same shall be borne by the Customer.

(10) As a general rule, the Customer may not engage in independent activity at the Customer’s own convenience.

(11) If the Company judges that the Customer may cause inconvenience to other Customers or may obstruct the smooth conduct of group activity, participation may be refused.

(12) Applications may be refused due to other operational situations of the Company.

5.Delivery of Contract Documents and Final Itinerary

(1)  The Company et al. shall deliver contract documents recording the tour itinerary, content of Tour Services, and other items relating to the tour terms and conditions and the responsibilities of the Company to the Customer promptly upon execution of the Tour Contract.The contract documents shall constitute the Company website, these Terms and Conditions for Agent-Organized Tour, and the like.

(2)  As documents supplementing the contract documents set forth in item (1) of this Paragraph, the Company shall deliver to the customer a Final Itinerary detailing confirmed information relating to the time and location for assembly, transportation facilities to be used, lodging facilities, and the like by the day before the tour start date at the latest.(As a general rule, the Company shall strive to deliver these documents between two weeks before and seven days before the tour start date, but the documents may be delivered shortly before the tour start date for parts of courses departing a specific times, such as the New Year period, Golden Week, and the like. Even in such cases, the documents shall be delivered by the day before the tour start date.) However, if an application is filed within the seven days prior, reckoned from the day before the tour start date, the documents may be delivered on the tour start date itself.

6.Payment of Tour Fare

Payment of the total amount of the tour fare by credit card through the Company’s website will be received with the application at the time a booking is made.

7.Tour Fare

“Tour fare” shall be used as a basis for calculation of the monetary amounts of the “cancellation fees” of Paragraph 14 (1) ① A, the “breach-of-contract fees” of Paragraph 14 (1) ② A, and the “compensation for changes” of Paragraph 21.

The method used to calculate the “tour fare” for recruitment advertisements or the Company’s website shall be “monetary amounts displayed as the tour fare.”

8.Items Included in the Tour Fare

(1)  Fares and fees for transportation facilities such as air travel, ship travel, rail travel, and the like (These fares and fees do not include additional fares and fees levied by transportation facilities (in order to accommodate unusual variation in price levels, these shall be limited to those levied across-the-board to all travellers only during certain periods and under certain conditions). Moreover, there are courses on which grades can be selected and courses on which specific grades can be used, which are clearly indicated on the Company’s website.)

(2)  Fees for pickup buses and the like included in the itinerary (not including cases where said fees are stated to be “borne by the Customer” by an airport, train station, port, lodging location, or the itinerary)

(3)  Tourist fees clearly stated in the itinerary (bus fees, guide fees, entry fees)

(4)  Lodging fees, taxes, and service fees clearly stated in the itinerary (This does not include cases where the itinerary states that said expenses are to be “borne by the Customer.” Unless the Company’s website specifically states otherwise, two persons lodging in one two-person room is standard.)

(5)  Meal fees, taxes, and service fees clearly stated in the itinerary

(6)  Airplane transport fees for luggage

Luggage transport fees for one suitcase per person (if luggage is transported by airplane, the suitcase shall as a general rule be no more than 20 kg per person, but this may vary depending on grade used and direction, so please enquire with representatives for details.

Luggage is transported by the transportation facility being used and the Company shall act as an agent for transportation commissioning procedures with the transportation facility.Moreover, some fees may not be included due to airlines changing to a system in which fees are charged for luggage.)

(7)  Escort fees for courses with a conductor escort

Even if a Customer does not use this service in part for the Customer’s own convenience, as a general rule said expenses shall not be refunded.

(8)  Fuel surcharges for courses with fuel surcharges included

For such courses, there shall be no additional collection or refund even if there is an increase or decrease in the fuel surcharges established by the airline.

9.Items not Included in the Tour Fare

Items other than those detailed in items (1) through (8) in the previous paragraph shall not be included in the tour fare.Examples of such items are provided below.

(1)  Extra baggage charges (for exceeding designated weight, volume, or number)

(2)  Luggage transport charges set by airlines, charged on-board food and drink charges and the like, and specified luggage charges charged by airlines as set forth in item (6) of the previous Paragraph

(3)  Laundry charges, telegraph and telephone charges, tips for hotel porters, maids, and the like, other personal incidental expenses for additional food, drink, and the like, and taxes and service charges associated with same.

(4)  Expenses related to passage procedures (passport stamp fees, visa fees, vaccination fees, agent fees for passage procedures)

(5)  Fees for optional tours for only those who wish to participate (small tours charged separately)

(6)  Local transport charges for luggage

As a general rule, the Customer shall transport luggage on the Customer’s own at airports and hotels.

(7)  Taxes and service charges for lodging in item (4) of the previous paragraph clearly stated to be “borne by the Customer” in the itinerary

(8)  Passenger Service Facilities Charge and the like within Japan

(9)  Transportation expenses within Japan from residence to the gathering or disbanding location, such as the departure airport, and lodging expenses for the day before the tour start date, the tour end date, and the like.

(10) Airport taxes and the like on the itinerary (however, this does not include courses for which the Company has clearly state on the Company’s website that airport taxes and the like are included)

10. Procedures for Travelling Abroad, passports, and visas

(1)  Procedures for travelling abroad required for the tour, including passports, visas, vaccination certificates, and the like, shall be conducted by the Customer.If the Customer is unable to acquire passports, visas, or the like for reasons originating with the Customer, the Company et al. shall bear no responsibility for same.

(2)  In some cases, depending on the destination country or region, a remaining period of validity may be required for passports or visas may be required.Please check the Company’s website for details.

11. Revision of Tour Contract

Even after conclusion of the Tour Contract, in cases of natural disaster, war, riot, termination of provision of Tour Services such as transportation or lodging facilities or the like, order by public authorities, provision of transportation services not in accordance with the Company’s transportation plan, or other reasons with which the Company is not involved, if unavoidable in order to ensure the safe and smooth conduct of the tour, the Company may change the content of the itinerary or Tour Services by promptly explaining to the Customer in advance the reason why that the Company could not be involved in said reason and the cause-and-effect relationship with said reason.However, in cases of emergency, if unavoidable, the explanation shall be provided after the change.

12.Changes in Tour Fare

After the conclusion of the Tour Contract, the Company shall make no changes to the amounts of the tour fare, additional charges, or discounted charges except in the following cases.

(1)  If revisions greatly exceeding the normally expected degree are to be made to fares and fees of transportation facilities to be used due to changes in economic circumstances, the tour fare shall be changed by the difference of said revision.However, if the tour fare is to be changed so as to increase, the Customer shall be notified by fifteen days prior, reckoned from the day before the tour start date.

(2)  If the applicable fares and fees set forth in item (1) of this Paragraph are to be greatly reduced, the Company shall reduce the tour fare by the amount of this reduction in accordance with item (1) of this Paragraph.

(3)  If tour content or expenses required to conduct the tour have decreased, the Company shall reduce the tour fare by the amount of decrease of this change.

(4)  If tour content is changed or the expenses required for the conduct of the tour (including cancellation fees or breach-of-contract fees for Tour Services not received due to change in the content of the agreement in question that have already been paid or must be paid in the future) have increased in accordance with Paragraph 11, unless the changes have occurred due to insufficiency of seats, rooms, or other equipment of transportation or lodging facilities or the like even though service was provided, the Company shall change the tour fare by the difference of the change.

(5)  If the Company has stated on the Company’s website that tour fares differ by person using transportation or lodging facilities or the like and the person using said facilities has changed for reasons not attributable to the responsibility of the Company after the establishment of the Tour Contract, the Company shall change the tour fare within the scope set forth in the contract documents.

13. Change of Tour Participant

Changes of tour participants shall not be accepted.Moreover, corrections to names will be implemented by first cancelling the booked tour and then making a new booking.

14. Cancellation of the Tour Contract and Refunds

(1)  Before start of tour

①  Cancellation by the Customer

A. The Customer may cancel the Tour Contract at any time by paying the cancellation fees (per-person) noted below.

Note: For Agent-Organized Tour Contract using chartered aircraft and Agent-Organized Tour Contract including cruise itineraries that include three nights or more within the itinerary (except for courses using marine vessels for departure from and arrival in Japan), a monetary amount clearly state on the Company’s website or on the course page shall be charged as a cancellation fee.

Day of contract cancellation

Tours starting on 27 April - 6 May, 20 July - 31 August, or 20 December - 7 January

Tours starting on days other than those noted at left

Between forty days and thirty-one days prior, reckoned from the day before the tour start date

10% of tour fare

No charge

Between thirty days and three days prior, reckoned from the day before the tour start date

20% of tour fare

Between two days before the tour start date and the tour start date

50% of tour fare

After start of tour or non-participation without notice

100% of tour fare

B. The Customer may cancel the Tour Contract without cancellation fees in any of the cases set forth in the following items.

a.  If the content of the Tour Contract has been changed.However, this does not include cases in which said changes are noted below in Paragraph 21 or other important changes.

b.  If the tour fare has been revised to increase, based on item (1) in Paragraph 12.

c.  If, for reason of natural disaster, war, riot, termination of provision of Tour Services by transportation or lodging facilities or the like, order by public authorities, or the like, safe and smooth conduct of the tour becomes impossible or is extremely likely to become impossible.

d.  If the Company has not delivered the Final Itinerary set forth in item (2) of Paragraph 5 by the date specified in that Paragraph.

e.  If conduct of the tour in accordance with the itinerary given on the Company’s website has become impossible for reasons attributable to the Company’s responsibility.

C. If the Tour Contract has been cancelled in accordance with item (1) ① A of this Paragraph, the Company shall refund the already received tour fare, subtracting the prescribed cancellation fees.Moreover, if the Tour Contract has been cancelled in accordance with item (1) ① B of this Paragraph, the entire amount of the already received tour fare shall be refunded.

D. If the Ministry of Foreign Affairs has issued risk information at or above the level “Please stop all passage that is not necessary or urgent” with regard to a region included in the itinerary, the Company shall as a general rule cancel the tour.However, if it is possible to take sufficient safety measures, the tour shall be conducted.In such cases (if the Company conducts the tour), if the Customer cancels the tour, the prescribed cancellation fees shall be required.

E. Changes of departure date and course and partial changes in the course of the tour in transportation or lodging facilities or the like for the Customer’s convenience shall be deemed to constitute cancellation of the tour as a whole and the prescribed cancellation fees shall be collected.

F. If cancellation occurs for reasons involving the handling of loans of any kind or other passage procedures for which the Company is not responsible, the prescribed cancellation fees shall be collected.

②  Cancellation by the Company

A. If the Customer does not pay the tour fare by the deadline specified in Paragraph 6, the Company may cancel the Tour Contract.In such cases, the Customer shall pay the cancellation fees specified in item (1) ① A of this Paragraph and a breach-of-contract fee in the same amount.

B. If any of the following items applies, the Company may cancel the Tour Contract.

a.  If it becomes clear that the Customer has not met the terms and conditions for participation in tours disclosed in advance by the Company, including those regarding sex, age, qualifications, and skills.

b.  If any of items (3) through (5) in Paragraph 4 are judged to apply to the Customer.

c.  If it is found that the customer will be unable to endure the tour in question because of illness, lack of a necessary caregiver, or other reason.

d.  If it is found that the Customer may cause inconvenience to other Customers or obstruct the smooth conduct of group activities.

e.  If the Customer demands a burden exceeding a reasonable scope with regard to the content of the contract.

f.   If the number of Customers is less than the minimum number of participants set forth in item (9) of Paragraph 27.In such cases, if the tour starts on 27 April - 6 May, 20 July - 31 August, or 20 December - 7 January, notification of termination of tour shall be provided by thirty-three days prior, reckoned from the day before the tour start date and, if the tour starts outside the above periods, notification shall be provided by twenty-three days prior, reckoned from the day before the tour start date.

g.  If conditions for conducting the tour clearly stated in advance by the Company, such as insufficient snowfall for a tour for skiing purposes, are not fulfilled or are very likely not to be fulfilled.

h.  If, for reason of natural disaster, war, riot, termination of provision of Tour Services by transportation or lodging facilities or the like, order by public authorities, or other reasons with which the Company is not involved, safe and smooth conduct of the tour in accordance with the itinerary given on the Company’s website becomes impossible or is extremely likely to become impossible.

i.   If the Ministry of Foreign Affairs has issued risk information at or above the level “Please stop all passage that is not necessary or urgent” with regard to a region included in the itinerary, as an example of item h above (However, if sufficient safety measures can be taken, the tour shall be conducted.Cancellation fees in such cases shall be in accordance with item (1) ① D of this Paragraph).

j.   If, as an example of item h above, a newly operating airline or newly operating route is to be used or charter flights are to be used and transportation service is terminated due to the airline being unable to obtain permission to operate from the relevant national government.

C. If the Tour Contract has been cancelled in accordance with item (1) ② A of this Paragraph, the already paid tour fare shall be refunded, with breach-of-contract fees subtracted.Moreover, if the Tour Contract has been cancelled in accordance with item (1) ② B of this Paragraph, the entire amount of the already received tour fare shall be refunded.

(2)  Cancellation after start of tour

① Cancellation by Customer and refunds

A. If the Customer leaves the group during the tour for the Customer’s own convenience, the Customer shall be deemed to have abandoned the Customer’s rights and no refunds shall be provided.

B. If, even after the start of the tour, the Customer becomes unable to receive the Tour Services noted on the Company’s website for reasons for which the Customer is not responsible, the Customer may cancel the portion of the contract relating to the provision of Tour Services that could not be received without paying cancellation fees.

C. If item (2) ① B of this Paragraph applies, the Company shall refund the monetary amount relating to the portion of the Tour Services that could not be received from the tour fare.However, if the Company is responsible for the reason in question, the Company shall refund said monetary amount, subtracting the monetary amount of cancellation fees, breach-of-contract fees, and other expenses already paid or that must be paid in the future for said Tour Services.

② Cancellation by the Company and refunds

A. Even after the start of the tour, the Company may cancel the Tour Contract in part by explaining the reasons in advance to the customer in the following cases.

a.  If it is found that the customer will be unable to endure continuing the tour in question because of illness, lack of a necessary caregiver, or other reason.

b.  If any of items (3) through (5) in Paragraph 4 are judged to apply to the Customer.

c.  If the Customer violates the Company’s instructions according to a tour conductor or the like for the safe and smooth conduct of the tour or disrupts the discipline of group activity through violence, intimidation, or the like toward such persons or fellow travellers, obstructing the safe and smooth conduct of the tour.

d.  If it has become impossible to continue the tour in cases of natural disaster, war, riot, discontinuation of provision of Tour Services by transportation or lodging facilities or the like, order of public authorities, or other reason with which the Company is not involved.

e.  If, as an example of item d above, the Ministry of Foreign Affairs has issued risk information at or above the level “Please stop all passage that is not necessary or urgent” with regard to a region included in the itinerary and it has become impossible to continue the tour.

B. Effects of cancellation and refunds

If the Company has cancel the Tour Contract for a reason set forth in item (2) ② A of this Paragraph, if there are expenses that have already been paid or that must be paid in the future to providers of Tour Services not received due to the cancellation of the contract as cancellation fees, breach-of-contract fees, or the like, these shall be borne by the Customer.In such cases, the Company shall refund expenses for portions of the tour fare relating to services not yet received by the Customer, subtracting expenses for cancellation fees, breach-of-contract fees, and the like that have been or are to be paid in the future by the Company to the provider of said Tour Services.

C. If the Company has cancelled the Tour Contract in accordance with items (2) ② A a or d of this paragraph, arrangements necessary for the Customer to return to the departure location shall be made at the request of the Customer at the Customer’s expense.

D. If the Company has cancelled the Tour Contract in accordance the provisions of item (2) ② A of this Paragraph, the contract relationship between the Company and the Customer shall be cancelled prospectively.That is to say, any obligations of the Company with regard to Tour Services already received by the Customer shall be deemed to be effectively discharged.

15. Timing of Refunds of Tour Fare

(1)  If the Company is to refund a monetary amount to the customer “if the tour fare has been reduced in accordance with the provisions of items (2), (3), and (5) of Paragraph 12” or “if the Customer or the Company has cancelled the Tour Contract in accordance with the provisions of the previous Paragraph 14,” the Company shall refund the customer said monetary amount within seven days, reckoned from the day after cancellation, for refund due to cancellation prior to the start of the tour, or within thirty days, reckoned from the day after the end of the tour noted on the Company’s website, for refund due to decrease in tour fare or cancellation after the start of the tour.

(2)  The provisions of item (1) of this Paragraph shall not obstruct the exercise of the right of the Customer or the Company to demand compensation for damages, as provided for in Paragraph 18 (Responsibilities of the Company) or Paragraph 20 (Responsibilities of the Customer).

 

16. Instruction by the Company

The Customer shall follow the instructions of the Company for the safe and smooth conduct of the tour from the start of the tour until the end of the tour while acting as a participant in Agent-Organized Tour except during free activity periods.

17. Tour Conductors

(1)  It shall be clearly stated on the Company’s website whether or not a tour conductor will accompany travellers.

(2)  On tours accompanied by a tour conductor, the tour conductor shall carry out all or part of work necessary for the safe and smooth conduct of the tour by and other work recognized by the Company to be necessary, and on tours not accompanied by a tour conductor, local personnel at the destination shall carry out said work.

(3)  For tours not accompanied by a tour conductor, local contact information for the Company shall be clearly noted on the Final Itinerary.

(4)  As a general rule, work by tour conductors shall be between 8 AM to 8 PM.

18. Responsibilities of the Company

(1)  If the Customer suffers any damage due to accident or neglect by the Company or any party allowed to carry out arrangements by the Company in the execution of the Agent-Organized Tour Contract, the Company shall compensate the Customer for any damage suffered by the Customer.However, this responsibility is limited to cases in which the Company has been notified within two years, reckoned from the day following the occurrence of the damage.

(2)  If the Customer suffers damage for reasons like the examples set forth below, as a general rule, the Company shall not bear the responsibility set forth in item (1) of this Paragraph.

1.  Natural disaster, war, riot, or changes to tour itinerary or termination of tour caused by same

2.  Damage caused by accidents or fire at transportation or lodging facilities

3.  Termination of provision of services by transportation or lodging facilities or the like, or changes to tour itinerary or termination of tour because of same

4.  Quarantine due to order by public authorities, foreign immigration regulations, or contagious disease, or changes to tour schedule or termination of tour caused by same

5.  Accident during free activity

6.  Food poisoning

7.  Theft

8.  Delays, interruptions, schedule changes, route changes, or the like of transportation facilities, or changes to itinerary or shortening of period of stay at destination caused by same

(3)  Compensation for damage to luggage, as set forth in item (1) of this Paragraph, shall be provided as long as a declaration is made to the Company within twenty-one days, reckoned from the day following the occurrence of the damage, regardless of stipulations regarding notification of damage by the Customer in item (1) of this Paragraph.However, regardless of the amount of damage, the amount of compensation provided by the Company shall be no more than JPY150,000 per person (except in cases where the damage was incurred intentionally by the Company or due to major negligence by the Company).

(4)  If there are multiple bookings (duplicate bookings) that cannot actually be used in the itinerary due to air transportation provisions or airline provisions, the Company shall bear no responsibility even if the bookings are cancelled by the airline.

19.Special Compensation

(1)  Regardless of whether or not the Company bears responsibility in accordance with in section (1) of the previous Paragraph, the Company shall pay, for certain damage to the life or body of the Customer suffered due to incidental and sudden external accident during participation in the Agent-Organized Tour, death compensation (JPY25,000,000), residual disability compensation (maximum JPY25,000,000), hospitalization consolation payments (JPY40,000 to JPY400,000), and hospital visit consolation payments (JPY20,000 to JPY100,000) and, for damage to luggage, damage compensation (maximum of JPY100,000 per bag or pair of bags and maximum of JPY150,000 per Customer per Agent-Organized Tour), in accordance with the special compensation regulations in the Company Terms and Conditions.

(2)  Item (1) of this paragraph notwithstanding, for days on which no Tour Services included in the Agent-Organized Tour arranged by the Company, the Customer shall be deemed not to be participating in the Agent-Organized Tour as long as a statement to this effect is clearly noted on the Company’s website.

(3)  If the damage suffered by the Customer during participation in the Agent-Organized Tour is due to Customer intention, driving under the influence of alcohol, disease, or the like or to accidents during mountain climbing (using ice axes, climbing irons, climbing ropes, hammers, and other mountain-climbing equipment), luge, bobsled, skydiving, hang-gliding, riding ultralight power machinery (motorized hang-gliders, microlight planes, ultralight planes, and the like), riding gyroplanes, or other similar dangerous activity not included in the Agent-Organized Tour, the Company shall not pay the compensation or consolation payments in item (1) of this Paragraph.However, if said activity is included in the itinerary of the Agent-Organized Tour, this restriction shall not apply.

(4)  The Company shall not pay compensation for damage to cash, securities, credit cards, coupons, air tickets, passports, licenses, visas, deposit certificates, savings certificates (including passbooks and ATM cards), data of any kind, equivalent articles, contact lenses, or other articles excluded from compensation as set forth in the Company Terms and Conditions.

(5)  Even if the Company incurs the obligation to pay compensation based on item (1) of this Paragraph and the obligation to pay compensation for damage in accordance with the previous paragraph together, when one of the obligations has been fulfilled, the obligation to pay compensation and the obligation to pay compensation for damage shall be deemed to have been fulfilled to the extent of the monetary amount of that fulfilment.

20.Responsibilities of the Customer

(1)  If the Company suffers damage due to Customer intention, oversight, or action counter to laws, regulations, or public morals or to the Customer not following the regulations of the Company Terms and Conditions, the Company shall charge the Customer compensation for the damage.

(2)  The Customer, when concluding the Agent-Organized Tour Contract, shall strive to utilize information provided by the Company and to understand the rights and obligations of the Customer and the other content of the Agent-Organized Tour Contract.

(3)  After the start of the tour, in order to smoothly receive the Tour Services described in the contract documents, if the Customer has become aware that Tour Services differing from those described in the contract documents have been provided, the Customer must promptly make a declaration to this effect to the tour conductor, conciliator, local guide, facility providing the Tour Services, or application office at the tour destination.

(4)  If the Company finds that the Customer is in a state requiring protection due to disease, injury, or the like during the tour, necessary measures may be taken.In such a case, if this is not due to reasons for which the Company is responsible, the expenses required for said measures shall be borne by the Customer and the Customer must pay said expenses by a deadline specified by the Company by a method specified by the Company.

21.Itinerary Booking Guarantee

(1)  If major changes to the content of the contract noted in the left column of the following table arise (excluding changes specified in items 1, 2, and 3 below), the Company shall pay compensation for changes in an amount obtained by multiplying the “tour fare” set forth in Paragraph 7 by the factor noted in the right column of the following table within thirty days, reckoned from the day after the tour end date.However, if it is clear that the Company bears responsibility for said changes on the basis of the provisions of item (1) of Paragraph 18, the amount shall be paid, not as compensation for changes, but as all or part of the compensation for damage.

1.  The Company shall not pay compensation for changes for changes due to the reasons noted below (however, compensation for changes shall be paid for changes due to insufficiency in seats, rooms, or other equipment of transportation or lodging facilities or the like, even if service was provided).

A. Bad weather or natural disasters that interfere with the itinerary

B. War

C. Riot

D. Order by public authorities

E. Termination of provision of Tour Services by transportation or lodging facilities or the like, such as cancellation, interruption, suspension of operations

F. Provision of transportation services not according to the initial service plan, such as delay, changes to transportation schedules, and the like

G. Measures necessary to ensure the lives or physical safety of tour participants

2.  If the Tour Contract has been cancelled in accordance with the provisions of Paragraph 14, the Company shall pay no compensation for changes to said cancelled portions.

3.  Even if the order of provision of Tour Services given on the Company’s website has changed, as long as all of said Tour Services could be received during the tour, the Company shall pay no compensation for changes.

(2)  The provisions of item (1) of this Paragraph notwithstanding, the maximum amount of compensation for changes to be paid by the Company on the basis of a single Tour Contract shall be an amount obtained by multiplying the “tour fare” set forth in Paragraph 7 by 15%.

Moreover, if the amount of compensation for changes to be paid on the basis of a single Tour Contract is less than JPY1,000 per person, the Company shall pay no compensation for changes.

(3)  The Company may, with the Customer’s consent, instead of paying compensation for changes or compensation for damage as money, provide compensation by providing equivalent articles or services.

Change for which the Company is to pay compensation for changes

If the Customer is notified by the day before the tour start date

If the Customer is notified on or after the tour start date

① Changes in the tour start date or tour end date given on the Company’s website or confirmation documents

1.5%

3.0%

② Changes in tourist areas or tourist facilities (including restaurants) to be entered given on the Company’s website or confirmation documents and other changes to tour destinations

1.0%

2.0%

③ Changes in grade or equipment of transportation given on the Company’s website or confirmation documents to those with lower fees (as long as the total monetary amount of fees for grade and equipment after the change

is lower than that for grade and equipment given on the Company’s website or confirmation documents.)

1.0%

2.0%

④ Changes in the type or company name of transportation facilities given on the Company’s website or confirmation documents

1.0%

2.0%

⑤ Changes to different flights at the airport at the tour start location in Japan or the airport at the tour end location given on the Company’s website or confirmation documents

1.0%

2.0%

⑥ Changes to connecting flights or indirect flights for direct flights between Japan and outside Japan given on the Company’s website or confirmation documents

1.0%

2.0%

⑦ Changes in the type or name of lodging facilities given on the Company’s website or confirmation documents

1.0%

2.0%

⑧ Changes in the type, equipment, view, or other room conditions of the lodging facilities given on the Company’s website or confirmation documents

1.0%

2.0%

⑨ Changes described in ① through ⑧ above that are to items included in the tour title on the website or confirmation documents

2.5%

5.0%

Note 1.  If changes occur between the content of the Company’s website and the content of the confirmation documents or between the content of the confirmation documents and the content of the Tour Services actually provided, each change shall be handled as one matter.

Note 2.  The rates for ① through ⑧ shall not apply to the changes described in ⑨, but rather the rates in ⑨ shall apply.

Note 3.  “One matter” shall refer to one boarding of vehicle or marine vessel for transportation facilities, one night’s stay for lodging facilities, or one equivalent item for other Tour Services.

Note 4.  The changes described in ④, ⑦, and ⑧ shall be handled as one change per boarding or night’s stay even if there are multiple changes within one boarding or one night’s stay.

Note 5.  If a transportation facility as noted in ③ and ④ is associated with the use of lodging facilities, one night’s stay shall be handled as one matter.

Note 6.  Changes in company names of transportation facilities in ④ and changes in the names of lodging facilities in ⑦ shall be considered to be accompanied by changes in the transportation or lodging facilities themselves.

Note 7.  Changes in the company names of transportation facilities in ④ shall not apply to cases associated with changes to those with higher grade or equipment.

 

22.Tour Terms and Conditions based on Communication Contracts

The Company et al. shall accept applications for tours on the condition that “payment of tour fare, cancellation fees, and the like is accepted without the signature of the member” (hereinafter referred to as a “Communication Contract”) from a card member (hereinafter referred to as “the Member”) of a card issued by the Company or a credit card company (hereinafter referred to as an “Affiliate”) affiliated with the Company.The tour terms and conditions of a Communication Contract differ from the normal tour terms and conditions in the following points.(There are cases in which such handling is not possible, depending on the commissioned travel agent.Moreover, the types of cards that can be handled also differ depending on the commissioned travel agent.)

(1)  “Card usage date” in this Paragraph shall refer to the date by which the Member and the Company are to pay tour fare and the like based on the Tour Contract or fulfil refund obligations.

(2)  When an application is filed, the Company et al. is to be notified of the “member number (credit card number)” the “card expiration date,” and the like.

(3)  For Tour Contracts based on Communication Contract, if the Company et al. provides notification of approval of the conclusion of the Tour Contract by telephone or mail, the Tour Contract shall be deemed established at the time the Company et al. issues the notification and, if the Company et al. provides notification by electronic approval notification by telephone, e-mail, or the like, the Tour Contract shall be deemed established at the time the Customer receives the notification.

(4)  The Company et al. shall accept payment of “tour fare in the amount given on the Company’s website” or “cancellation fees set forth in Paragraph 14” through a credit card of an Affiliate without the Member’s signature on a prescribed sales slip.In such a case, the card usage date for the tour fare shall be the “contract establishment date.”

(5)  If the cancellation of the contract has been declared, the Company et al. shall refund the amount of the tour fare, subtracting cancellation fees, within seven days (for decreases or cancellation after the start of the tour, within thirty days), reckoned from the day after the date of the declaration of cancellation, as the card usage date.

(6)  If payment by the declared credit card of the Member is not possible for reasons of credit or the like, the Company et al. shall cancel the Communication Contract and the tour fare shall be paid in cash by a date separately specified by the Company et al.If payment is not received by said date, a breach-of-contract fee in the same amount as the cancellation fees of (1) ① A of Paragraph 14 shall be charged.However, this restriction shall not apply if payment of the tour fare is received in cash by the date separately specified by the Company et al.

23.Overseas Safety Information (risk information)

Depending on the destination of passage, information may be issued regarding passage to countries or regions, such as "Ministry of Foreign Affairs Overseas Safety Information (Risk Information)" or the like.Information regarding overseas safety information (risk information) will be passed on when an application is filed, so please check the Ministry of Foreign Affairs Overseas Safety website at http://www.anzen.mofa.go.jp/ or the like.Moreover, safety information (risk information) for relevant countries and regions may be issued between conclusion of the contract and departure.The Company will provide guidance to the Customer insofar as possible, but there are cases where providing guidance is not possible due to circumstances, so we recommend that the Customer check the Overseas Safety website before departure.

24.Health and Hygiene

Please check the Ministry of Health, Labour and Welfare Quarantine Station website at http://www.forth.go.jp/ regarding hygiene conditions at the passage destination.

25.Subscription to Overseas Tour Insurance

If illness or injury occurs during the tour, treatment expenses, transport expenses, and the like can be high.In the case of an accident, requesting compensation for damage or recovering compensation to the person suffering injury can be extremely difficult.In order to provide security in this regard, it is recommended that the Customer subscribe to overseas tour insurance in a sufficient amount.For overseas tour insurance, please enquire with the sales agent at the application office.

26.Handling of Personal Information

(1)  The Company, in accepting a tour application, will acquire personal information for the Customer through items entered on prescribed application forms.The Customer may choose what items of personal information to provide to the Company, but if all or part of the personal information is not provided and procedures necessary to contact the Customer, arrange Tour Services, or accept these services cannot be carried out, it may not be possible to accept the Customer’s application or request.A Certified Tour Services Manager noted in “Handling Shops” will handle the personal information obtained as an agent for personal information manager.

(2)  The Company et al., in addition to using personal information acquired as set forth in the previous item in order to contact the Customer, shall use said information within the scope necessary to make arrangements for Tour Services for a tour applied for by the Customer and perform procedures to accept these services and shall provide said information to transportation and lodging facilities and the like, insurance companies, and Arrangement Proxies noted on the Company website where the application was received by sending said information by electronic or other means.The Company et al. may also use the Customer’s personal information for the following purposes: 1. to provide guidance to products, services, or campaigns of the Company et al. or enterprises affiliated with the Company et al.; 2. to request opinions or impressions after participation in the tour; 3. to request that questionnaires be filled out; 4. to provide reward services; 5. to prepare statistical data.

(3)  The Company may commission another company to perform all or part of the work of handling personal information obtained in accordance with item (1) of this Paragraph for tour guiding work and intermediary service work and the like at airports and the like.In such cases, the Company shall select the commissioned enterprise in accordance with the Company’s standards and shall entrust the personal information after entering into a contract regarding the maintenance of confidentiality.

(4)  The Company shall use, from among Customer personal data in the possession of the Company, names, addresses, telephone numbers, e-mail addresses and other information necessary to contact the Customer to the minimum extent possible jointly among enterprises in the Company’s group.Said group enterprises may use said information to provide sales guidance for the enterprises, to simplify Customer applications, to provide guidance regarding details of special events, or to send purchased products.Please see the Company website (http://www.cathayholidays.co.jp/chj/ja/privacy) for contacts regarding the disclosure, correction, or deletion of Customer personal data, the names of enterprises in the Company’s group that will jointly use Customer personal data, and enterprises of the Company’s group that manage personal data.

(5)  The Company may provide personal data of the Customer in the possession of the Company to souvenir shops for the convenience of shopping and the like by the Customer at the tour destination.In such cases, personal data relating to the Customer’s name, passport number, flight number to be boarded, and the like shall be provided by sending said information in advance by electronic or other means.If you do not wish personal data to be provided to these vendors, please declare this to the application office prior to departure.

27.Standard of Tour Terms and Conditions and Tour Fare

The standard date of these Tour Terms and Conditions and the standard date for the tour fare shall be clearly noted on the Company’s website.

28.Other

(1)  If the Customer requests personal guidance, shopping, or the like from a tour conductor or the like, all expenses associated therewith, expenses associated with injury, disease, or the like suffered by the customer, expenses associated with baggage loss or recovery of lost properties due to Customer negligence, and expenses required for arrangement of separate activities shall be borne by the Customer.

(2)  Guidance to souvenir shops may be provided for the convenience of the Customer, but purchases shall be made at the Customer’s own responsibility when shopping.The Company will not provide help with exchange or return of products or the like.If tax exemption refunds are to be received, the Customer should be sure to prepare the purchased products as hand luggage and carry out procedures for the tax exemption refunds after confirming same with the souvenir shop, airport, or the like.Bringing some articles into Japan is prohibited by the Washington Convention or domestic laws and regulations, so please be careful when making purchases.

(3)  The Company shall not re-operate the tour under any circumstances.

(4)  Fare for children shall apply to persons at least two years of age and less than twelve years of age as of the tour start date.Fare for infants shall apply to persons less than two years of age as of the tour start date who do not require their own airplane seats or beds in rooms.

(5)  The scope of the obligation of the Company to manage the itinerary in accordance with the Agent-Organized Tour Contract shall be from departure from (assembly at) the departure airport to the return to (disbanding at) said airport given on the Company’s website.For overseas departures and arrivals, the scope shall be from assembly at the assembly location overseas noted in the itinerary or the like to disbanding at the disbanding location overseas.

(6)  If separate arrangements are made from an airport or the like within Japan and the departure/arrival airport of item (5) in this Paragraph, unless otherwise specified, this portion shall not be included in the scope of the Agent-Organized Tour Contract.

(7)  It may be possible to receive airline mileage services through participation in an Agent-Organized Tour of the Company et al., but enquiries, registration, and the like regarding such services shall be carried out by the Customer with the airline on the Customer’s own.Moreover, the Company shall not bear the responsibilities of item (1) of Paragraph 18 or item (1) of Paragraph 21 for changes to airlines to be used.

(8)  When filing an application or making entries with the Customer’s name in Roman letters, please enter the name as given on the passport to be used for the tour.If the name of the Customer is entered incorrectly, it will be necessary to cancel the Tour Contract and create a new booking.If the Tour Contract is cancelled, the cancellation fees prescribed by the Company in Paragraph 14 will be charged.

(9)  The minimum number of participants for Overseas Dynamic Packages provided by Cathay Pacific Holidays Japan LTD. shall be one person unless otherwise specified on the Company’s website and the decision to carry out the tour shall be made at the same time the Tour Contract is established.

(10) Any special offers booked may have specific terms and conditions attached, in addition to these booking conditions. Please refer to the promotional literature and check these before booking as once confirmed you are deemed to have accepted them.

(11) Valid promotional voucher code issued by CHL (“Promotional Voucher Code”) may be applied to Travel Package. The Promotional Voucher Code discount is only applicable to the package base price, and is not applicable to any taxes and other surcharges, and additional or optional fees to the booking. The Promotional Voucher Code may not be used or combined with other coupons, promotions or special offers. There are separate terms and conditions applying to each Promotional Voucher Code. Please refer to the information provided at the time of booking.



These Terms and Conditions for Agent-Organized Tour are based on the standard of November 2015.

(Revision date: November 1, 2015)