Terms and Conditions for Agent-Organized Tours (Overseas Dynamic Packages / Flight + Hotel)
Please be sure to read, save and print these Terms and Conditions for Agent-Organized Tours before booking a reservation.
Cathay Pacific Holidays Japan Ltd
1. Significance of these Terms and Conditions for Agent-Organized Tours
These Terms and Conditions for Agent-Organized Tours 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
2.1 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”).
2.2 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.
2.3 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 Internet site (on the website of Cathay Pacific Airways Limited) (hereinafter referred to as “Overseas Dynamic Packages Site”), displayed after you select “Flight + Hotel”, where you can make a reservation, these Terms and Conditions for Agent-Organized Tours, the confirmation document known as the final itinerary (Booking Confirmation “Flight + Hotel Packages”) (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”).
2.4 The Tour Contract covers from the time of completion of baggage inspection where only the passenger is admitted to enter into the international departure airport set forth in the Final Itinerary to the time of the passenger’s leaving from the baggage claim area where only the passenger is admitted to enter into the international arrival airport.
3. Application for Tour and Time of Entry into Effect of Contract
3.1 Applications for tours shall be received via the Internet for this tour after the prescribed items have been entered on the Company’s Overseas Dynamic Packages site.
3.2 The Company shall receive the applications for tours via the Overseas Dynamic Packages site from the members (hereinafter referred to as “Member”) of the credit card company (hereinafter referred to as “Partner Company”) partnering with the Company conditional upon the payment of the full tour fee without the sign of the Member. (This Tour Contract shall be hereinafter referred to as “Communication Contract” and shall be in accordance with the paragraph 22.)
3.3 For the paragraph (3.2), the Company may not make the contract because of business reasons such that the Partner Company does not have the merchant contract including special agreements to the acceptance of the application with the unsigned card with the Company. In addition, if the Customer fails to settle tour fees in accordance with the card membership rules of the Partner Company (Customer’s credit card is invalid etc.), we may refuse the application.
3.4 The Tour Contract based on the Communication Contract shall be concluded when the Company displays the “Contract Acceptance Screen” at the time of reservation as the agreement to the conclusion of the Tour Contract.
3.5 If a tour application has been received from a person in charge of contract acting as the representative of travelers who constitute an organization or group, the Company shall be deemed to possess all rights relating to the conclusion, cancellation, and the like of the contract and that all transactions related to the organization or group shall be done between the person in charge of the contract.
3.6 The person in charge of the contract must submit a list of names of the constituent members by a date specified by the Company.
3.7 If the person in charge of the contract is not to accompany an organization or group, the Company shall deem a Constituent Member elected by the person in charge of the contract in advance to the person in charge of the contract after the start of the tour.
3.8 The Company 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 and Participation
4.1 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.
4.2 The consent of a person with parental authority is required when a person less than twenty years of age at the time of application wants to participate in a tour alone. Please provide a letter of consent immediately after the reservation. Accompaniment by a guardian is a condition for participation by persons less than eighteen years of age. In addition, we will refuse participation if the accommodation organization has more severe terms and conditions.
4.3 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.
4.4 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.
4.5 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.
4.6 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.
4.7 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 at the time of applying for a tour should make a declaration to that effect. 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.
4.8 Customers who are pregnant should participate under their own responsibility. However, there may be (A) entry restrictions by the country of visit, and (B) boarding restrictions by the airlines, so make sure to check those restrictions at the time of application.
For example, Cathay Pacific Airline requires a medical certificate (in English) if you want to board an aircraft after 28 weeks of pregnancy. And if you have multiple pregnancies without complications, you can board until 32 weeks of expected delivery date, if you have a single pregnancy without complications, you can board until 36 weeks of expected delivery date.
4.9 In the cases described in items (4.2), (4.3), (4.7) and (4.8) 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 (4.2) or (4.3) or by one week from the declaration date in the case of (4.7) and (4.8).
4.10 If the Company judges that, due to disease, injury, or other reasons 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 the same shall be borne by the Customer and the applicable expenses should be paid by the date and with the way specified by the Company.
4.11 As a general rule, the Customer may not engage in independent activities at the Customer’s own convenience.
4.12 If the Company judges that the Customer may cause inconvenience to other Customers or may obstruct the smooth conduct of group activities, participation may be refused.
4.13 Applications may be refused due to other operational situations of the Company.
4.14 The Company does not offer a waiting list for cancellation.
5. Delivery of Contract Documents and Final Itinerary
5.1 The Company 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’s “Overseas Dynamic Packages Site”, these Terms and Conditions for Agent-Organized Tours, and the like.
5.2 The Communication Contract shall be established when the Company issues a notification of its acceptance of the contract. However, if notification of acceptance of the application for the contract is given by e-mail etc., it will be established when the notification arrives at the Customer. We provide the items to be filled in the document on the Company’s “Overseas Dynamic Packages Site”. The tour schedule, tour services and other tour conditions are provided in the Final Itinerary. There is no separate delivery of a written confirmation that supplements the written contract of the paragraph (5.1).
5.3 The Company issues the documents for receiving the services like transportation or accommodation facilities via the Company’s “Overseas Dynamic Packages Site” when the tour contract is concluded. If they should be issued via email etc. under unavoidable circumstances, they would be issued 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 at 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
The tour fee shall be paid at the time of application after agreement to the non-installment payment by credit card. The total amount is displayed on the Company’s Overseas Dynamic Packages Site as “Tour Fee” (including application fee).
7. Tour Fare
“Tour fare” shall be used as a basis for calculation of the monetary amounts of the “cancellation fees” of Paragraph 14 (14.1) (I) A, the “breach-of-contract fees” of Paragraph 14 (14.1) (II) 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
The following expressed in the Final Itinerary are included: (Except when the statement “customer’s expense” is added)
8.1 Fares and fees for transportation facilities (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 travelers 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 Overseas Dynamic Packages Site.)
8.2 Lodging fees, taxes, and service fees. Unless specifically stated otherwise, two persons lodging in one two-person room is standard.
8.3 Airplane transport fees for luggage
Luggage transport fees may vary depending on grade used and direction. 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.
8.4 The other items clearly stated to be included in the Company’s “Overseas Dynamic Packages Site”.
8.5 Fuel surcharges for courses with fuel surcharges included.
9. Items not Included in the Tour Fare
Items other than those detailed in items (8.1) through (8.5) in the previous paragraph shall not be included in the tour fare. Examples of such items are provided below.
9.1 Various taxes/fees categorized to airport taxes, fees for use of airport facilities, international tourist and passenger taxes, charges for security services and other services at airport facilities as stipulated by the public institutions in Japan and in the country of destination and transit countries.
9.2 Extra baggage charges (for exceeding designated weight, volume, or number).
9.3 Food and drink charges, 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.
9.4 Expenses related to passage procedures (passport stamp fees, visa fees, vaccination fees, agent fees for passage procedures).
9.5 Fees for separately arranged local tours, theme park admission tickets, facility admission tickets etc., from “Flight + Hotel” (displayed as “ Travel Extra”).
9.6 Taxes and service charges for lodging in item (8.4) of the previous paragraph clearly stated to be “borne by the Customer” in the itinerary.
9.7 Transportation expenses 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. Procedures for Travelling Abroad, passports, and visas
10.1 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.
10.2 In some cases, depending on the destination country or region, a remaining period of validity may be required for passports or visas.
11. Revision of Tour Contract
Even after the 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 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.
12.1 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.
12.2 If the applicable fares and fees set forth in item (12.1) 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 (12.1) of this Paragraph.
12.3 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.
12.4 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.
12.5 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 and Reduction of Tour Participants
Changes and reduction 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
14.1 Before start of tour
A. The Customer may cancel the Tour Contract at any time by paying the cancellation fees (per-person) noted below.
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 |
Note 1: “Day of contract cancellation” is based on the time when the Customer requests the cancellation of the tour. Depending on the request date, the cancellation fee may differ. Please make sure the Company’s business days, business hours, contact information after business hours (email address, phone number, FAX number etc.) and how to contact by the Customer itself at the time of request. If you use email, the base time is its time of receipt.
Note 2: In the above table, “After start of tour” starts at the completion time of the security screening after entering the Departures Immigration Hall where only the passengers boarding an aircraft for the first can enter.
B. The Customer may cancel the Tour Contract without cancellation fees in any of the cases set forth in the following items.
- 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.
- If the tour fare has been revised to increase, based on item (12.1) in Paragraph 12.
- 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.
- If the Company has not delivered the Final Itinerary set forth in item (5.2) of Paragraph 5 by the date specified in that Paragraph.
- If conduct of the tour in accordance with the itinerary given on the Final Itinerary has become impossible for reasons attributable to the Company’s responsibility.
C. If the Tour Contract has been cancelled in accordance with item (14.1) (I) 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 (14.1) (I) 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 “Level 2: 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.
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 (14.1) (I) 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.
- 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.
- If any of items (4.3) through (4.5) in Paragraph 4 are judged to apply to the Customer.
- 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.
- If it is found that the Customer may cause inconvenience to other Customers or obstruct the smooth conduct of group activities.
- If the Customer demands a burden exceeding a reasonable scope with regard to the content of the contract.
- If the number of Customers is less than the minimum number of participants set forth in item (27.9) 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.
- 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.
- 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.
- If the Ministry of Foreign Affairs has issued risk information at or above the level “Level 2: 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 (14.1) (I) D of this Paragraph).
- 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 (14.1) (II) 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 (14.1) (II) B of this Paragraph, the entire amount of the already received tour fare shall be refunded.
14.2 Cancellation after start of tour
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 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 (14.2) (I) 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.
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.
- 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.
- If any of items (4.3) through (4.5) in Paragraph 4 are judged to apply to the Customer.
- 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.
- 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.
- 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 to cancel the Tour Contract for a reason set forth in item (14.2) (II) 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 (14.2) (II) 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 (14.2) (II) 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
15.1 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 (12.2), (12.3), and (12.5) 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.
15.2 The provisions of item (15.1) 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 Tours except during free activity periods.
17. Tour Conductors
17.1 The tour conductor will not accompany on the Company’s Overseas Dynamic Packages.
17.2 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.
17.3 For tours not accompanied by a tour conductor, local contact information for the Company shall be clearly noted on the Final Itinerary.
17.4 As a general rule, work by tour conductors shall be between 8 AM to 8 PM.
18. Responsibilities of the Company
18.1 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.
18.2 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 (18.1) of this Paragraph.
- Natural disaster, war, riot, or changes to tour itinerary or termination of tour caused by same
- Damage caused by accidents or fire at transportation or lodging facilities
- 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
- 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
- Accident during free activity
- Food poisoning
- Theft
- 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
18.3 Compensation for damage to luggage, as set forth in item (18.1) 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 (18.1) 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).
18.4 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
19.1 Regardless of whether or not the Company bears responsibility in accordance with in section (18.1) 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.
19.2 Notwithstanding (19.1) in this paragraph, the day when all tour services included in the Agent-Organized Tours are not offered shall not be considered as being participating in the recruitment type planning tour.
19.3 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 Tours, the Company shall not pay the compensation or consolation payments in item (19.1) of this Paragraph. However, if said activity is included in the itinerary of the Agent-Organized Tours, this restriction shall not apply.
19.4 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.
19.5 Even if the Company incurs the obligation to pay compensation based on item (19.1) 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 fulfillment.
20. Responsibilities of the Customer
20.1 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.
20.2 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.
20.3 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.
20.4 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
21.1 If major changes to the content of the contract noted in the left column of the following table arise (excluding changes specified in items i, ii, and iii 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 (18.1) of Paragraph 18, the amount shall be paid, not as compensation for changes, but as all or part of the compensation for damage.
i. 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):
- Bad weather or natural disasters that interfere with the itinerary
- War
- Riot
- Order by public authorities
- Termination of provision of Tour Services by transportation or lodging facilities or the like, such as cancellation, interruption, suspension of operations
- Provision of transportation services not according to the initial service plan, such as delay, changes to transportation schedules, and the like
- Measures necessary to ensure the lives or physical safety of tour participants
ii. 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.
iii. 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.
21.2 The provisions of item (21.1) 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.
21.3 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 |
---|---|---|
(I). Changes in the tour start date or tour end date given on the Company’s website or confirmation documents | 1.5% | 3.0% |
(II). 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% |
(III). 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% |
(IV). Changes in the type or company name of transportation facilities given on the Company’s website or confirmation documents | 1.0% | 2.0% |
(V). 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% |
(VI). 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% |
(VII). Changes in the type or name of lodging facilities given on the Company’s website or confirmation documents | 1.0% | 2.0% |
(VIII). 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% |
(IX). Changes described in (I) through (VIII) 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 (I) through (VIII) shall not apply to the changes described in (IX), but rather the rates in (IX) 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 (IV), (VII), and (VIII) 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 (III) and (IV) 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 (IV) and changes in the names of lodging facilities in (VII) 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 (IV) 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 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:
22.1 “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.
22.2 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.
22.3 For Tour Contracts based on Communication Contract, if the Company 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 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.
22.4 The Company 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.”
22.5 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.
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 is extremely difficult and even if reparations are paid by the perpetrators, it may not always be sufficient compared to Japan. In order to provide security to these medical expenses, transportation expenses, death, and disability etc., in this regard, it is recommended that the Customer subscribe to overseas tour insurance in a sufficient amount. For overseas tour insurance, please check the “Overseas Dynamic Packages Site”.
26. Handling of Personal Information
26.1 The Company requires the Customer to provide his/her all personal information which are necessary for arrangement and reception of the services applied from the certain input forms at the time of tour application. The provided Customer’s personal information (name, address, phone number, email address etc.) are used to contact the Customer, or transmitted electrically to the delivery company, accommodation facility and insurance company, and so on within the necessity for the arrangement and the reception of the services provided by those companies or facilities during the applied tour. The Company may also use the Customer’s personal information for the following purposes: 1. to provide guidance to products, services, or campaigns of the Company or enterprises affiliated with the Company; 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.
26.2 The Company may commission another company to perform all or part of the work of handling personal information obtained in accordance with item (26.1) 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.
26.3 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 “Cathay Holiday Japan’s Data Privacy and Security Policy” on the Company website 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.
26.4 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 Company’s inquiry counter prior to departure.
27. Standard of Tour Terms and Conditions and Tour Fare
The base date of the Tour Terms and Conditions and the base date of the tour fee shall be the date when the “Booking confirmation page” is displayed on the Company’s Overseas Dynamic Packages Site to the Customer.
28. Other
28.1 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.
28.2 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.
28.3 The Company shall not re-operate the tour under any circumstances.
28.4 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.
28.5 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 (at the completion time of the security screening after entering the Departures Immigration Hall where only the passengers boarding an aircraft can enter.) and arrivals (at the time of getting out of the baggage claim etc., where only the passengers can enter in the arrival airport.), 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.
28.6 If separate arrangements are made from an airport or the like within Japan and the departure/arrival airport of item (28.5) in this Paragraph, unless otherwise specified, this portion shall not be included in the scope of the Agent-Organized Tour Contract.
28.7 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 (18.1) of Paragraph 18 or item (21.1) of Paragraph 21 for changes to airlines to be used.
28.8 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.
28.9 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.
28.10 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.
28.11 Valid promotional voucher code issued by CHL (“Promotional Voucher Code”) may be applied to the 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 applied to each Promotional Voucher Code. Please refer to the information provided at the time of booking.
28.12 Information, contents (text, images, videos, audio, data, topics, comments, etc.) and links posted on the Company’s website or through other channels, such as advertisements are provided by individual hotel and/or third party, and those images are different from the actual in-flight meal, restaurants, sightseeing spots, theme parks etc. Please note that the information posted may be changed or deleted without notice, and any information will not always be updated to the latest.
These Terms and Conditions for Agent-Organized Tours are based on the standard of January 2019.
(Revision date: 24 May 2019)
If this English version of the Terms and Conditions does not conform to Japanese versions, the Japanese version shall prevail.