Tom Fielding Golf School Japan
TERMS & CONDITIONS1. INTRODUCTION
Green Golf Travel is the trading name of Green Golf Travel Limited, company registration number 580190.
The company is registered at the address:
Green Golf Travel Limited
CoLab Lyit,
Letterkenny
Donegal
Ireland
2. CONTRACT
These are the terms on which we will make a booking on your behalf for the travel arrangement(s) you have selected with Green Golf Travel Ltd
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions.
By making a booking, the first named person on the booking agrees on behalf of all persons de-tailed on the booking that:-
a) He/she has read these terms and conditions and has the authority to and does agree to be bound by them;
b) He/she consents to our use of information in accordance with our Privacy Policy;
c) He/she is personally responsible for payment on behalf of all persons named on the booking
We accept bookings for two types of golf holiday:
The first type of golf holiday is a “Resort booking”. This type of booking is a holiday that is based at a Golf Resort Hotel and where golf is a service and/or facility that is offered as a part of the accommodation providers’ facilities. A ‘Resort Booking’ comprises a single component of ‘accommodation only’ which is organised by us as principal and as a result does not constitute a package holiday. As a result we are not required to provide you with financial protection in the event of our insolvency.
The second type of golf holiday is a ‘Tour booking’. This type of booking will include accommodation, golf or certain methods of transportation including ferry crossings, Eurotunnel, and car hire, where the hotel only provides the accommodation element of the package and other suppliers pro-vide the golf and/or transport element..
A contract exists as soon as we issue our confirmation of booking.
3. ACCURACY
Although all reasonable efforts have been made to ensure the accuracy of the pricing on our web-site, newsletters, emailed quotes, promotional material and printed media on occasion changes and errors can occur. We will therefore confirm the details of your chosen break (including the price) at the time of booking.
4. PRICING AND PAYMENT
We reserve the right to alter the price of any golf break, not limited to any pricing error, and we will advise you of the current price of the golf break before any booking. You will be advised of the cur-rent price of the travel arrangements that you wish to book before your booking is confirmed and documentation issued. Any subsequent reduction in prices due to special offers advertised will not apply to confirmed bookings.
In order to confirm your chosen holiday, a deposit (amount as is advised to you by your reservation agent) per person must be paid at the time of booking.
Deposit required:
25% of overall booking cost at the time of purchase. This is a guideline deposit level and deposit required is always a the discretion of your agent.
Group bookings of 16+ will be eligible to pay a holding deposit with a second deposit payable 28 days after the initial booking is placed.
The balance of the holiday cost must be received by us not less than 8 weeks prior to departure. This date will be shown on the confirmation invoice. If we do not receive all payments due (including any surcharge where applicable) in full and on time we reserve the right to treat your booking as cancelled by you.
Full payment will be required should you book within six weeks of travel in the case of a domestic break and within eight weeks of travel in the case an international break.
Payment by debit card incurs no charge however a credit card payment incurs a bank charge of 1.5% and a payment by American Express incurs a bank charge of 2.5%. Cheques must be made payable to Green Golf Travel Limited.
5. BOOKING AND CONFIRMATION
For any type of booking, whether by telephone, by email or online, a contract between you and us will only exist when we issue the booking confirmation.
After we have taken payment, we will then email you a booking confirmation, which will set out full details of your booking and show any remaining balance to be paid and the date by which it is due. A postal copy can be supplied upon request.
Please check the booking confirmation carefully as soon as you receive it paying special attention to the board basis, room type and tee times. Please contact us immediately upon receiving the booking confirmation if any information appearing on the confirmation or any other document ap-pears to be incorrect or incomplete as it may not be possible to make changes later.
6. CANCELLATIONS/AMENDMENTS BY US
On rare occasions we may need to cancel your package. If we have to cancel a Package for any particular reason, we will tell you as soon as reasonably possible. In these circumstances, we will, if we are able to do so, offer you an alternative trip of equivalent or closely similar standard and price at no extra cost, or a less expensive package, in which case we will refund the difference in price. If you do not wish to take the alternative we offer you, you can choose another offered for sale by us and pay, or receive a full refund of, any price difference. Or, if you prefer, you can receive a full refund of any money you have paid to us, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. However, we will not cancel your Package within 12 weeks of departure except if we are forced to do so because of unusual circumstances we could not have foreseen, where we could not avoid the results of those circumstances even after taking all reasonable care. No compensation will be payable in these circumstances, whenever they happen, and we will only have to offer you the above choices. We can also cancel if you fail to make payment for your booking on time.
7. CANCELLATIONS/AMENDMENTS BY YOU
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking must be made to [email protected]. Since we incur costs in cancelling your travel arrangements, you will have to pay cancellation charges as follows:
Period before departure in which you notify us
More than 84 days – Deposit only
Within 84 days – 35% of holiday cost
Within 42 days – 80% of holiday cost
Within 28 days – 100% of holiday cost
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
8. COMPLAINTS
If you have reason for a complaint you should contact us immediately as it is possible that the problem may be able to be resolved straight away. Please refer to your ground arrangements vouchers for contact details of the relevant suppliers and/or their agents. If the problem cannot be resolved locally, you should then write to us quoting your booking reference and giving full details of your complaint within 28 days of your return to Ireland. Where your contract is with Green Golf Travel Limited, we will acknowledge your letter within 14 days with a full reply following within 28 days.
9. OUR LIABILITY TO YOU
We have taken all reasonable steps to ensure that proper arrangements have been made for the confirmed booking and accept full responsibility for the quality of your holiday as confirmed to you.
However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or fore-stall. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of 2 times the cost of your travel arrangements
We will not accept responsibility for services or facilities which do not form part of our agreement in the booking confirmation provided. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
10. SPECIAL REQUESTS
Any special requests must be made at the time of booking. All reasonable requests will be passed on to the relevant suppliers. All special requests are subject to availability and we cannot guarantee they will be fulfilled. Please keep in close contact with your sales representative regarding any special requests.
If you or members of your group have a medical condition or disability that may affect your holiday, please let us know the full details in writing at the time of booking. We will pass on the information to the relevant supplier to ensure they can accommodate any special needs.
11. BEHAVIOUR
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions.
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
12. INSURANCE
It is a condition of our contract with you that you have suitable insurance cover for the travel arrangements you have booked with us and any activities that you expect to take part in. We do not check insurance policies. Please read your policy details carefully and take them with you on your break. We do not accept any liability for any possible loss that you suffer as a result of your failure to take out an adequate insurance policy.
13. PASSPORT, VISA AND HEALTH REQUIREMENTS
It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information visit the website of the Department of Foreign Affairs: https://www.gov.uk/government/organisations/hm-passport-office.
Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check www.usembassy.org.uk
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk
Non Irish passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
If you or any member of your party have any disabilities it is extremely important that we make the necessary arrangements to make your holiday go smoothly. If you believe that this may be an issue please contact our office before completing any reservation to ensure compatibility for the holiday that you choose.
14. GOLF COURSE CONDITION/BAD WEATHER
We cannot be held responsible for actual playing conditions of the golf courses whether caused by course maintenance or weather conditions etc. We have a policy of requesting all maintenance schedules and when advised we relay this information to our clients. It is unfortunate however that these schedules can change depending on the weather and other factors as decided by the Golf Course Manager/Director.
We cannot be held responsible for loss of tee times on day of arrival or departure, if due to changes, delays or cancellations of airlines, rail services and ferry companies. (claims should be submit-ted to your Travel Insurance Company)
Golf played on temporary greens and tees is non-refundable and is considered to be an accepted part of playing winter golf. Please note that trolley and buggy bans occur frequently when a course is wet and are determined by those in charge of the golf course.
15. FORCE MAJEURE
In these booking conditions ‘Force Majeure’ means that we will not be liable or pay you compensation if any obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside the supplier(s) concerned’s control.
16. LAW AND JURISDICTION
Your contract will be governed by Irish law and any disputes will be dealt with in the courts of Ireland.
17. DATA PROTECTION POLICYBy making a booking with us, you agree we may use and disclose the information you provide for the following purposes: to enable us to process your booking (which will include passing your in-formation to third party suppliers, such as hoteliers and airlines, and may involve sending your in-formation to countries that do not have an equal level of privacy legislation to that in Ireland); for market research and analysis purposes; for improving customer service; for the detection and prevention of fraud or other crime (which may include providing your information to organisations such as Banks and credit card companies); for compliance with legal requirements (which will include passing your information to public authorities such as customs and immigration) and for marketing contact by means of post or telephone to provide you with offers, products and services from Green Golf Travel and carefully selected third parties. Telephone calls to/from ourselves may be recorded for training and quality purposes and for preventing/detecting crime. If you have booked with us via our web site, or if you have chosen for us to contact you by e-mail, we will communicate with you using the e-mail address you have provided to supply you with your travel documentation. We are entitled to assume that the e-mail address you have provided is correct and that you understand and accept the risks associated with using this form of communication. Please note that you may still need to contact us by post or via our call centre as required by our booking conditions. If you wish to opt out of receiving marketing communications from us, please advise one of our sales consultants or make the appropriate opt out choices on the website when you book.
18. CHANGES TO THESE TERMS
We reserve the right to change, amend, update and/or modify these Terms of Use from time to time. You still are required to agree to them so please check back here to stay up to date.
Updated – January 1st 2017
The Tour Terms & Conditions For the Organized Tours in Japan Of
True Japan Tour Co., Ltd. (TJT)
Kikai Shinko Kaikan B109, 3-5-8 Shiba Koen, Minato-ku, Tokyo 105-0011
(The Governor of Tokyo Registered Travel Agent No. 2-6782.)
1. Explanation of Tour Terms & Conditions
The Tour Terms & Conditions for the Organized Tours in Japan of TJT (hereinafter called “The Tour Conditions”) is the document representing a portion of the terms of transaction stipulated in Article 12-4 and the Contract Document stipulated in Article 12-5 of the Travel Agency Law as well as the Special Conditions stipulated in Article 1 paragraph 2 of Agent-Organized Tour Contract and Article 1 paragraph 2 of Custom-Ordered Tour Contract of the Standard Terms and Conditions of Travel Contracts approved by The Ministry of Land, Infrastructure and Transport and Tourism (herein after called MLITT).
2. Contract for Organized Tours in Japan
1) In Organized Tours, TJT have two types of tours called “Agent-Organized Tour” means travel for which TJT prepare in advance, for the recruitment of the Clients, and “Custom-Ordered Tour”means travel for which TJT prepare, at the request of the Clients, a travel plan in which the destination and itinerary of the travel, the contents of the transportation or accommodation services which the Client is entitled to receive, and the amount of the travel fee that the Client should pay to the TJT are specified, and which TJT operate according to such plan.
2) TJT shall be responsible for operating Organized Tours in Japan whose name in full appears above and in its Web site brochure. The Client joining such tours shall conclude and Organized Tour Contract (hereinafter called the Travel Contract) with TJT.
3) TJT shall arrange and manage tour arrangements and itinerary management so that the client receives tour services including transport/accommodations (hereinafter called “tour services”) provided by transportation/accommodation operators during the tour itinerary set byTJT. Services without arrangement of transportation or accommodation are not considered as Organized Tours.
4) The Travel Contract shall be consisted of the Web site brochure, the final itinerary provided for clients before departure (hereinafter called the “Final Tour Itinerary” containing digital media such as PDF file), and the Tour Conditions.
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3. Issue of Plan Document of the “Custom-Ordered Tour”
1) At the request of the Client who intends to apply to TJT for a Custom-Ordered Tour Contract, TJT shall issue a document, prepared in line with the contents of the said request, containing the contents of a plan concerning the itinerary, the contents of Travel Services, the travel fee, andother conditions for the travel (hereinafter referred to as “Plan Document”, which contains digital medias such as PDF file), except when it is inconvenient due to a business reason on the part of TJT.
2) In a Plan Document referred to in the preceding Paragraph, TJT may specify the amount of a 10% handling charge of travel fee with respect to the plan (hereinafter referred to as “PlanCharge”) unless otherwise specified.
4. Application for Travel Contracts and their Conclusion
1) The client shall provide information on TJT application form as required by TJT and submit the form together with the necessary reservation deposit. The deposit shall be appropriated to the tour fare, cancellation charges or penalties.
2) TJT may accept applications for travel contracts by Web site, e-mail, and other means of communication. In such cases, the client shall submit the application form (in case required in the website) and the reservation deposit to TJT within 3 days counting from the above applications. If the client fails to supply the required application form and/or deposit within 3 days, the reservation shall be regarded as cancelled. Provided, however, that the different conditions may be provided in the Web site for each program.
3) The Travel Contract shall become valid upon receipt of the reservation deposit and acceptance by TJT in writings.
4) The reservation deposit (per person) shall be 10 percent of the tour fare.
5) The client shall notify TJT when submitting application if special considerations are required during the tour period, and TJT shall endeavor to comply with such requests as long as possible but TJT shall not guarantee.
5. Conditions of Tour Application
1) The client under 20 years of age traveling alone during the tour period shall provide TJT with the written consent of his/her parent or guardian. The client under 15 years of age must be
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accompanied by his/her parent or guardian.
2) TJT may refuse an application if any one of the client’s age, qualifications, skills or otherconditions does not conform to those designated for tours aimed at specific client categories or purposes.
3) TJT may decline the application of crime syndicates, clients who are members of or involved with crime syndicates, and clients who are involved in other socially destructive behavior (hereinafter called “the Anti-Social Group”).
4) Clients who require special attention from TJT during the tour for reason of chronic disease, general ill health, pregnancy, physical handicap, allergy, and diet restriction etc., shall advise TJT of this when applying for the tour. TJT shall try to comply with such requests to the extent deemed feasible and reasonable but TJT shall not guarantee. In such cases, TJT may require clients to present the medical form and/or the medical certificate and other necessary documents. In case TJT takes a special arrangement in compliance with the client’s request, the client shallbe responsible for incurred expenses related with the request. TJT may refuse the client’sapplication or require any conditions such as but not limited to the escort of the client by reason of the conditions at travel destinations and facilities and /or the safe, smooth tour operation etc. Notification concerning acceptance or rejection of client participation in the tour shall be made by TJT at any time even after the tour is commenced.
5) If TJT considers that the client needs medical diagnosis or treatment by a physician owing to illness, functional disease or other reasons during the tour, TJT may take measures necessary to ensure smooth operation of the tour. The Client shall pay any and all costs and expenses whatsoever resulting from such measures including but not limited to medical costs etc.
6) Any activities which are not included Final Tour Itinerary shall not be arranged by TJT during the tour. However, TJT may, depending on the tour course, arrange such activities under separate conditions with additional fares and expenses.
7) TJT may refuse the clients’ participation if it considers that they embarrass other participant(s), and/or interfere with the Organized Tour.
8) TJT may also refuse the clients’ participation for the tour operation reasons.
6. Contract Document and Final Tour Itinerary
1) After the client has entered into the Travel Contract with TJT as stipulated in Articles 2 & 3 3
above, and the Web site brochures, the Final Tour Itinerary and the Tour Conditions provided herein shall be included in the Travel Contract.
2) Unless specified in the Travel Contract, TJT shall provide a tour voucher stating Final Tour Itinerary, details of the tour services, to the clients, before departure of the tour.
7. Payment of Tour Fare
The client shall pay the tour fare in full to TJT by the date of 21 days prior to the departure date. The Travel Contract shall be concluded and become effective upon receipt of full payment of the tour fare. The client who applies to the program after the date of 21 days prior to the departure date shall pay the tour fare in full as soon as the application is received by TJT.
8. Amount of Tour Fare
1) Clients 12 years of age or older shall be charged adult fare and those aged 6 to 11 years shall be charged the child fare unless otherwise specified. One child aged 5 years or younger accompanied by an adult may join the tour subject to TJT’s approval and conditions. (In some conditions, fees might be charged.) The ages in this paragraph means the clients’ age on thedeparture date of the tour.
2) The tour fare is indicated for each tour course in TJT website. Clients are requested to check the tour fare according to the departure date and the number of participants. Japan Rail Pass shall not be included in TJT tour fare and shall be purchased by the clients in their own country.
9. Services Included in the Tour Fare
The tour service included in the tour fare shall be only those as specified in the Final Tour Itinerary. In principle, TJT shall not refund for the tour services in case the client does not use the relevant services.
10. Services Not Included in the Tour Fare
The following Charges and expenses shall not be included in the tour fare:
a) Laundry, telephone, additional meals and drinks, and any other expenses of personal nature. b) Airport departure taxes.
c) Excess baggage.
d) Tour fares for optional tours requested by clients (short trips incurring an additional fee).
e) Medical expenses for injuries and illness.
f) The transportation to and from the place of the departure and the destination.
11. Additional Fares
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The additional fares are required for following arrangements
a) Additional charges for “Upgrade Plans” to upgraded hotels or class of room.
b) Additional charges for changing from a “Plan without Meals” to a “Plan with Meals”c) Additional charges for “Hotel Extension Plan” to extend the staying period
d) Other additional charges as specified in Website.
12. Revision of Contents of Travel Services
A client may request TJT to change the itinerary, the contents of Travel Services, or other contents of the Custom-Ordered Tour Contract. In this case, TJT will accommodate the client’srequest to the reasonably practical extent.
TJT may, after conclusion of the Travel Contract, revise its contents and services for any of the following reasons: natural calamity or disaster, civil unrest, suspension of services rendered by transport/accommodation facilities, provision of transportation not based on the original tour plan, governmental orders, or other circumstances beyond TJT control. TJT reserves the right to take necessary measures when safe, smooth tour operation in accordance with the itinerary is deemed impossible, or when TJT considers that the tour cannot continue. In such cases, TJT shall explain it is impossible to perform the Organized Tour according to the Travel Contract under the circumstances.
13. Change of Tour Fare
1) TJT may revise the tour fare in accordance with increases or reductions of transport costs and/or charges for Organized Tours as a result of unusual or unforeseen changes by economic, political, environmental or any other reason. In such cases, TJT shall notify the client of these changes no later than the 15th days prior to the departure date.
2) TJT may, when tour operational costs have risen owing to factors as stipulated in Article 12 above, revise the tour fare accordingly.
14. Change of Tour Participants
A client who has entered into a Travel Contract may, with TJT’s consent, transfer the status inthe contract to a third party. In this case, the clients shall enter the required information in the form provided by TJT and submit it together with the specified handling fee. The transfer of status in the contract to a third party shall become valid by the consent of TJT. TJT may reject a change in the name of travelers.
15. Cancellation Rates
1) If a client cancels the Travel Contract for personal reasons, the following cancellation rates will apply to the tour fare. The client remaining in the tour will incur the balance of additional per room costs associated with the change in number of participants.
Time of Cancellation & Cancellation rate
A. Agent-Organized Tour
Counting back from the day before the starting date of the tour date:
a) If notice of cancellation is received by TJT 20 - 8 days (in case of one day trip: up to 10 days) prior to the starting date of the tour:
20% of the tour fare
b) If notice of cancellation is received by TJT 7 - 2 days prior to the starting date of the tour: 30% of the tour fare
c) If notice of cancellation is received by TJT 1 day prior to the starting date of the tour: 40% of the tour fare
d) If notice of cancellation is received by TJT prior to the starting time of the tour: 50% of the tour fare
e) If notice of cancellation is received by TJT after the starting time of departure, or in case of failure to show without notice:
100% of the tour fare
B. Custom-Ordered Tour
Counting back from the day before the starting date of the tour date:
a) If notice of cancellation is received by TJT up to 21 days (in case of one day trip: up to 11 days) prior to the starting date of the tour:
The Amount of Plan Charge
b) If notice of cancellation is received by TJT 20 - 8 days (in case one day trip, up to 10 days) prior to the starting date of the tour:
20% of the tour fare
c) If notice of cancellation is received by TJT 7 - 2 days prior to the starting date of the tour: 30% of the tour fare
d) If notice of cancellation is received by TJT 1 day prior to the starting date of the tour: 40% of the tour fare
e) If notice of cancellation is received by TJT prior to the starting time of the tour: 50% of the tour fare
f) If notice of cancellation is received by TJT after the starting time of departure, or in case of failure to show without notice:
100% of the tour fare
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2) If a client fails to pay the tour fare by the designated date stated in Article 7, TJT will assume the client has canceled as of the following day, and the cancellation charges specified above will apply.
3) If a client makes a partial change to the departure date, mode of transport, or an accommodation, TJT will assume the clients made a cancellation of the entire tour, and required cancellation charges will apply.
*Timing of cancellation notice is based on Japan local time.
16. Cancellation before Departure
1) Cancellation of Travel Contract by the Client
(1) The client is at all times entitled to cancel the Travel Contract, but must pay TJT a cancellation charge as stipulated in Article 15 above. TJT shall accept the notice of cancellation only within its business hours.
(2) In any of the following cases, the client may cancel the Travel Contract without paying a cancellation charge.
a) When the contents of the Travel Contract have been substantially revised.
b) When the tour fare is increased in accordance with Article 13-1.
c) In cases where natural calamity or disaster, weather conditions, civil unrest, suspension of services related to transportation, accommodation and other facilities, governmental orders, or other causes make safe, smooth tour operation impossible, or when TJT considers the tour cannot be continued.
d) When tour operation becomes impossible owing to factors for which TJT is liable.
(3) If the Travel Contract is cancelled due to paragraph 1 above, TJT shall refund the remaining amount of the received tour fare after deducting cancellation charges.
2) Cancellation of Travel Contracts and Tour Operation by TJT
(1) If the client has not paid the tour fare by the prescribed date, TJT may cancel the Travel Contract. In such cases, the client shall pay TJT the applicable cancellation charge.
(2) In any of the following cases, TJT may cancel the Travel Contract.
a) When it becomes evident that the client does not satisfy the gender, age, qualification, skill or other requirements specified by TJT for participation in the tour.
b) When the client is part of The Anti-Social Group
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c) When the client is recognized as unfit to join the tour owing to illness or for other reasons.
d) When the client embarrasses other participants or interferes the Organized Tour.
e) When the minimum number of participants as stipulated by TJT in the Travel Contract has not been met. In such cases, TJT shall notify the client of tour cancellation no later than 7 days prior to departure. In case of one day tour, TJT shall notify the client no later than 3 days prior to the departure.
f) When the necessary conditions as clearly stated at the conclusion of the Travel Contract cannot materialize, such as insufficient snowfall for ski tours, or when TJT considers that the required conditions cannot be satisfied.
g) In the event of a natural calamity or disaster, poor weather conditions, civil disturbance, suspension of services related to transportation, accommodations, etc., governmental orders, orother circumstances beyond TJT’s control, and when safe, and smooth tour operation accordingto the itinerary specified in the Travel Contract has become impossible, or TJT considers that the tour cannot be continued.
h) When the client demands things that are beyond the reasonable scope of the details in the contract.
I) Even after the Travel Contract has been concluded, if TJT cannot receive the amount specifiedfor the tour fare due to invalidity of the client’s credit card or in accordance with the credit company’s agreement.
3) When TJT cancels the Travel Contract in accordance with paragraph 1, it shall refund payment after deducting the specified penalties and or cancellation charges from said payment or from the deposit received from the client but the bank charge shall be paid by the client. When TJT cancels a tour in conformity with paragraph 2, hereinabove, it shall refund the full amount of the tour fare (or deposit) received from the client.
However, TJT shall not refund to the liable client and or person who caused the facts provided in the above paragraph and shall have the right to claim TJT’s loss against them.
17. Cancellation after Departure
1) Cancellation by Client
(1) When the client leaves the tour group for personal reasons, TJT shall consider it waiver of contracted rights and claims to any refund.
(2) If certain tour services cannot be provided as stated in the Travel Contract for reasons beyond client responsibility, relevant portions of the contract may be canceled, with the appropriate refund deducted from the total tour fare.
2) Cancellation by TJT
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TJT may cancel the Travel Contract for tours after the departure date in the following cases:
a) When the client is unable to continue the tour owing to illness or other factors.
b) When the client is part of the Anti-Social Group.
c) When the client interferes the Organized Tour against the instruction from tour conductor or by violent deeds or menace towards other participants.
d) When the tour cannot be continued owing to natural disaster, weather conditions, civil unrest, labor disputes, suspension of services by transportation or accommodation facilities,governmental orders, or other causes beyond TJT’s control.
3) Cancellations and Refunds
If TJT cancels the Travel Contract in accordance with the paragraph 2-1) hereinabove, travel services rendered to the client shall be deemed as having been completed, and a refund from the tour fare shall be paid for services not yet rendered. In case TJT has paid, (or will pay) expenses, cancellation charge, penalty, or etc. for the travel services not rendered owing to the cancellation by paragraph 2-1), TJT shall refund only the balance thereof. TJT shall not assume any further liability whatsoever to the clients. TJT shall not refund to the liable client(s) and reserve the right to claim any loss or damages suffered by TJT caused by the liable client(s) against them.
4) When TJT cancels the Travel Contract for tours in accordance with the paragraph 2-1)-a) ord) hereinabove, TJT shall, at the client’s expense, make necessary arrangements as requestedfor return to point of departure.
18. Refund of Travel Costs
If TJT assumes any liability to make a refund to a client in case such as the tour fare reduction and if either the client or TJT has canceled the Travel Contract in accordance with Article 15 through 17, TJT shall refund within the 14th day from the next day of cancellation, when effecting refund before tour departure, and within 30th day from the next day of the end of the tour as stipulated in the contract in case of reduction or cancellation occur after tour departure.
19. Refund Method and Handling Charge
1) Refund by PayPal (for the clients having PayPal Accounts) : Pay back to the PayPal Account with a deduction of JPY 500.-
2) Refund by Bank Transfer
Pay back to the bank account designated by the client with a deduction of following bank related charges:
a) To the banks in Japan : JPY 500.-
b) To the banks outside of Japan : JPY 10,000.-
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20. Tour Guide
1) The tour guide shall be licensed as authorized by the Licensed Guide Interpreter Act.
2) In case the Final Tour Itinerary specifies to be escorted by the tour guide speaking foreign language provided in the Travel Contract, the tour guide shall accompany with the clients as a general rule. The guide shall ensure the safety of the client and smooth operation of the tour as stipulated in the Travel Contract. The client shall act based on the instructions of the tour guide so that the tour can proceed safely and smoothly. The tour guide’s service shall be rendered, in principle, from 8:00 to 20:00 unless otherwise provided in the Travel Contract. The tour guide may be provided only at sightseeing destinations in accordance with the Travel Contract.
3) In case the travel services are changed owing to bad weather or other reasons during the period of the tour unaccompanied by the tour guide, the client shall be responsible for arranging the necessary services at their own risk and expenses.
21. Liability of TJT and Exemptions
1) If TJT causes any loss or damage to the client by its negligence or fault in performing its obligations under the terms of its Travel Contract, TJT shall be liable for such loss or damage. However, unless the notice of claim is received by TJT from the client within 2 years from the next day of the occurrence of the loss or damage, the client shall not be entitled to claim against TJT or any liable parties who performed any part of the tour.
2) TJT shall not be liable for loss or damage occurred to the client as stipulated in paragraph 1 hereinabove if it was caused by:
a) Natural disaster, war, riot, and alteration or cancellation of tour itinerary due to such causes. b) Accidents during transportation or in accommodations and/or damage by fire.
c) Cessation of services related to transportation or accommodation facilities, and/or tour itinerary alteration or cancellation owing to such causes.
d) Orders of either Japanese or foreign governments, immigration regulations, isolation resulting from infectious diseases, and/or tour itinerary alteration or cancellation owing to such causes. e) Accidents occurred during the client’s free activities.
f) Food poisoning.
g) Theft.
h) Delays, stoppages, changes of schedule and route in relation to transportation facilities, and tour itinerary alterations and/or shortened stays at destinations owing to such causes.
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3) TJT shall compensate for loss or damage to baggage as stated above, provided that said damage is reported within 14 days from the next day of the occurrence. TJT’s liability shall belimited to 150,000 yen per person unless loss or damage is caused by the intentional act or gross negligence of TJT.
22. Special Indemnifications
1) Regardless of whether or not TJT’s liabilities set forth in Article 21 1) should arise, pursuantto TJT’s Provisions on Special Indemnifications, for certain damages to life or body which mayarise from unexpected or sudden external events during the client’s participation in an organized tour, TJT will pay compensation for death in the amount of fifteen million yen (JPY 15,000,000); for residual disabilities, in an amount of no more than fifteen million yen (JPY 15,000,000); for condolence money for hospitalization, in an amount of no less than twenty thousand yen (JPY 20,000) and no more than two-hundred thousand yen (JPY 200,000); and for condolence money for hospital commutes, in an amount of no less than ten thousand yen (JPY 10,000) and no more than fifty thousand yen (JPY 50,000.) In case of damages incurred to personal effects and baggage, for each item or each set of items, TJT will pay compensation of no more than one-hundred thousand yen (JPY 100,000), and for each organized tour, no more than one-hundred fifty thousand yen (JPY 150,000) per a client.
2) Regardless of paragraph 1 above, TJT shall deem that clients are not participating in the organized tours on the days when the tour services are not provided at all, if specified as such in the Final Tour Itinerary.
3) TJT shall not pay compensation or provide condolence money as stipulated in paragraph 1when damages result from the client’s intent, driving while intoxicated and/or illness and other causes provided in the Special Indemnification Rules article 3, 4 and 5 annexed to the Standard Travel Agency Terms and Conditions. The same restriction applies should the client engage in such dangerous sports and activities as skydiving, bobsledding, hang-gliding (motor-driven or otherwise), gyro-plane flying, mountain climbing (using such specialized tools as picks), andothers not included in the Organized Tour and engaged in during a client’s free time. However,this shall not apply if those activities are included in the organized tours.
4) TJT shall not assume any liability for: cash, stocks and bonds, credit cards, coupon tickets,airplane tickets, passports, driver’s licenses, visas, deposit certificates, savings certificates(including bank books and ATM cards), various data and equivalent, contact lenses, any other valuables (anything more expensive than 20,000 yen per kilogram) and others described in the Special Indemnification Rules Article 18 annexed to the Standard Travel Agency Terms and Conditions..
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5) In the case TJT are liable both to pay compensation as stipulated in paragraph 1 and to indemnify client for damages in accordance with Article 19, TJT shall be released from its liability to the extent paid when TJT satisfies either of the above liabilities.
23. Liability of Client
TJT shall require the client to indemnify TJT for losses or damage sustained owing to the client’s action with intent or negligence, fault, conduct against public policy, and/or breach of the Travel Contract.
24. Itinerary Booking Guarantee
1) If major changes occur in Travel Contract contents
TJT shall calculate the change compensation money and refund to the client within 30 days from the next day of the end of the tour. However, if TJT are liable for the changes in accordance with Article 19-1, TJT shall pay the amount not as compensation for changes but as either a portion or total amount of indemnification for damages.
(1) TJT shall not pay compensation for changes caused by; (however, compensation shall be paid in the event of shortage, even when services are provided, such as for seats, rooms and other facilities)
a) Bad weather and natural disasters, which hinder the tour itinerary.
b) War, warlike action.
c) Riot.
d) Governmental orders.
e) Suspension of services involving transportation, accommodations, etc., such as cancellation, interruption, cessation, etc.
f) Transport services altered from the original schedule, owing to delays or changes in operation schedules.
g) Necessary measures to prevent tour participants’ death or body injury.
(2) If the Travel Contract is cancelled in accordance with Articles 16 and/or 17, TJT shall not pay compensation for any changes occurred.
(3) TJT shall not pay compensations if the client is able to receive tour services even when the order of such services is altered from that stated in the Final Tour Itinerary
2) Regardless of paragraph 1 hereinabove, the maximum amount of compensation for changes paid by TJT under one Travel Contract shall be 15% of the tour fare. This money will not be paid,
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however, if the total amount is less than 1,000 yen.
3) TJT shall indemnify the client by economic benefits equivalent to compensation money, or damage indemnification instead of cash payment, if agreed by the client.
Amount of compensation for changes shall be subject to Appendix 2 referred in the article 29 paragraph 1 of the Agent-Organized Tour Contract of the Standard Travel Agency Terms and Conditions and to Appendix 2 referred in the article 30 paragraph 1 of Custom-Ordered Tour Contract of the Standard Travel Agency Terms and Conditions.
25. TRAVEL INSURANCE
TJT recommends all the client shall have travel insurance of sufficient amount before starting travel and this insurance must cover personal injury and emergency medical expenses.
The client shall provide Insurance Policy for adequate coverage and amounts if requested by TJT. It is strongly recommended the coverage should include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client.
The client acknowledges that the cost of the tour does not include insurance, and the Client is required to obtain separate coverage at an additional cost. When obtaining travel insurance the client must ensure the insurer is aware of the type of travel to be undertaken.
26. Privacy Policy
TJT shall use the personal information provided in the tour application forms only for communicating with the client and for arranging transportation and accommodations to provide the services requested by the client.
27. Standard of Tour Conditions and Fares
All the tour fares are effective for the period specified in the Website unless otherwise provided in the Travel Contract.
28. Others
1) The client shall pay the expenses incurred when he or she asks for the personal accompaniment of a guide for such purposes as guiding or shopping, costs arising from client injury or illness, the return of lost baggage articles left behind as a result of personal negligence, as well as changes incurred by independent activity.
2) The client shall be responsible for any and all of individual purchases at souvenir shops etc. even when said shops etc. are introduced by TJT. TJT shall not assist the client in the exchange or return, etc. of any purchases.
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3) Even if Mt. Fuji and others are invisible due to the weather conditions etc., the tour will not be canceled or tour fare will not be refunded.
4) Other matters are subject to the TJT Travel Contract including related tour documents presented separately.
5) Clients who need special attention for reasons of which TJT may not be aware such as allergies, previous illnesses, and chronic diseases and so on, shall notify and discuss this matter with TJT before submitting the tour application. Otherwise, TJT shall not be liable for any problems occurred to the client caused by above reasons.
6) This Travel Contract between the client and TJT shall be governed by and construed in accordance with the laws of Japan.
7) Any questions arising out of this contract, or any matters not stipulated here in shall be settled each time by amicable negotiation between the client and TJT. If the negotiation fails to reach a mutual agreement, the matter shall be submitted to the exclusive jurisdiction of Tokyo District Court of Japan for the settlement.
8) These tour conditions represent the English translation of part of the General Terms and Conditions of TJT Organized Tour Contract as approved by Japan's Ministry of Land, Infrastructure, Transport and Tourism.
9) The original text was written in Japanese. The English translation has been prepared by TJT. If any discrepancies should arise between the Japanese and English texts, the former shall prevail at all times.