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Terms and Conditions for Travel Service

Section of the Agent-organized Tours Contract

Chapter 1 - General Provisions

Article 1 - Scope of Application

1. Contracts for Agent-organized Tours concluded between JR Tokai Tours, Inc. and travelers (henceforth "Agent-organized Tours Contract") shall be in accordance with these General Conditions. Matters not stipulated in these General Conditions shall be in accordance with laws and ordinances and generally established customs.
2. Any special contract concluded by JR Tokai Tours, Inc. without violating laws and ordinances and without causing disadvantage to travelers shall take precedence notwithstanding the provisions of the preceding paragraph.

Article 2 - Term Definitions

1. In these General Conditions, "Agent-organized Tours" shall mean travels conducted by JR Tokai Tours, Inc. upon first preparing a travel plan to advertise for travelers, therein stipulating the travel's destination, schedule, transport and lodging services available to travelers as well as the tour price to be paid by the travelers.
2. In these General Conditions, "Domestic Travels" shall mean tours in Japan only, and "Overseas Travels" shall mean any travel other than Domestic Travel.
3. In this Section, "Distance Contract" shall mean an Agent-organized Tour Contract concluded between JR Tokai Tours, Inc. and a card-holding member of a credit card company partnering with JR Tokai Tours, Inc. or with a company selling Agent-organized Tours as an agent for JR Tokai Tours, Inc. (henceforth "Partner Company") upon application via telephone, post, facsimile or other means of communication, and whereby travelers agree in advance to settle the claims or obligations for tour price, etc. held toward travelers by JR Tokai Tours, Inc. pursuant to the Agent-organized Tour Contract from the date on which said claims or obligations are to be performed onwards pursuant to the separately stipulated terms and conditions of card membership of a Partner Company, and to pay the tour price, etc. set forth in said Agent-organized Tour Contract with the methods stipulated in Article 12, paragraph 2, the latter part of Article 16, paragraph 1 and Article 19, paragraph 2.
4. In this Section, "Electronic Approval Notification" shall mean the notification of the approval of a contract application made with the following method employing information communication technology: transmission through a telecommunications line connecting computers, fax machines, telex or telephones (henceforth "Computers, etc.") of JR Tokai Tours, Inc. or a company selling Agent-organized Tours as an agent for JR Tokai Tours, Inc. with the Computer, etc. employed by the traveler.
5. In these General Conditions, "Date of Card Use" shall mean the date on which a traveler or JR Tokai Tours, Inc. is to pay the tour price, etc. or provide a refund pursuant to an Agent-organized Tour Contract.

Article 3 - Terms of Travel Contracts

1. JR Tokai Tours, Inc. hereby undertakes to make arrangements and manage travel schedules so as to ensure that travelers can receive transport, lodging and other travel services offered by transport and lodging facilities (henceforth "Travel Services") in accordance with the travel schedule stipulated by JR Tokai Tours, Inc. in Agent-organized Tour Contracts.

Article 4 - Arrangement Agents

1. In its performance of Agent-organized Tour Contracts, JR Tokai Tours, Inc. may cause a Japanese or foreign travel agent, parties professionally engaged in travel arrangements or other auxiliary personnel to perform all or part of the arrangements.

Chapter 2 - Contract Conclusion

Article 5 - Applying for a Contract

1. Travelers applying for an Agent-organized Tour Contract to JR Tokai Tours, Inc. must fill in the designated entries on an application form designated by JR Tokai Tours, Inc. and submit this to JR Tokai Tours, Inc. together with an application fee stipulated separately by JR Tokai Tours, Inc.
2. Notwithstanding the provisions of the preceding paragraph, travelers applying for a Distance Contract must notify the name and beginning date of the Agent-organized Tour they wish to apply for, as well as their membership number and other matters (referred to as "Membership Number, etc." in following provisions).
3. The application fee set forth in paragraph 1 shall be treated as part of the tour price, cancellation fee or breach of contract fee.
4. Travelers who require special care during an Agent-organized Tour shall notify JR Tokai Tours, Inc. when applying for a contract, and JR Tokai Tours, Inc. shall respond within the possible extent.
5. Any expenses incurred for special steps taken for a traveler by JR Tokai Tours, Inc. shall be borne by the traveler.

Article 6 - Telephone Reservations, etc.

1. JR Tokai Tours, Inc. shall accept reservations for Agent-organized Tour Contracts via telephone, post, facsimile and other means of communication. In such cases, the contract shall not be completed at the time of reservation; after JR Tokai Tours, Inc. notifies the traveler that it has approved his/her reservation, he/she shall submit JR Tokai Tours, Inc.'s application form and application fee or his/her Membership Number, etc. within a period stipulated by JR Tokai Tours, Inc. in accordance with the provisions of paragraph 1 or 2 of the preceding article.
2. When an application form and application fee are submitted or the Membership Number, etc. is notified in accordance with the provisions of the preceding paragraph, Agent-organized Tour Contracts shall be concluded in the order in which their reservations are received.
3. If a traveler fails to submit his/her application fee or to notify his/her Membership Number, etc. during the period set forth in the preceding paragraph, JR Tokai Tours, Inc. shall deem his/her reservation as null.

Article 7 - Refusing Contract Conclusion

1. JR Tokai Tours, Inc. may not consent to conclude an Agent-organized Tour Contract if:
I. The applicant does not meet the traveler conditions specified in advance by JR Tokai Tours, Inc., such as gender, age, qualifications, technical skills, etc.
II. Applicants reach the planned number.
III. The traveler risks inconveniencing other travelers, or hindering the group's movements.
IV. The traveler concludes a Distance Contract and is unable to settle all or part of his/her obligations for the tour price, etc. in accordance with a Partner Company's terms and conditions of card membership, such as when the credit card held by the traveler is invalid, etc.
V. The traveler is found to be a member, an associate member or related party of an organized crime group, a company related to an organized crime group, a corporate racketeer or another antisocial force.
VI. The traveler makes violent or illicit requests towards JR Tokai Tours, Inc., or engages in threatening speech or behavior in relation to transactions, acts employing violence or equivalent acts.
VII. The traveler engages in acts that damage JR Tokai Tours, Inc.'s credit or hinder JR Tokai Tours, Inc.'s business, or in equivalent acts by spreading false information or employing fraudulent means or force.
VIII. JR Tokai Tours, Inc. has other business reasons.

Article 8 - Period of Contract Completion

1. Agent-organized Tour Contracts shall be completed when JR Tokai Tours, Inc. approves the contract's completion and receives the application fee set forth in Article 5, paragraph 1.
2. Notwithstanding the provisions of the preceding paragraph, Distance Contracts shall be completed when JR Tokai Tours, Inc. issues a notification to the effect that it has approved the contract's conclusion; provided, however, that if an Electronic Approval notification for the concerned contract is issued, the contract shall be deemed to have been completed when said notification reaches the traveler.

Article 9 - Delivering Contract Documents

1. After a contract is completed as stipulated in the preceding article, JR Tokai Tours, Inc. shall deliver to the traveler documents indicating travel schedules, Travel Services, tour price, other travel conditions and matters concerning JR Tokai Tours, Inc.'s responsibility (henceforth "Contract Documents").
2. The scope of Travel Services for which JR Tokai Tours, Inc. is under an obligation to make arrangements and managing the travel schedule pursuant to Agent-organized Tour Contracts shall be as indicated in the Contract Documents set forth in the preceding paragraph.

Article 10 - Confirmation Documents

1. If it is unable to include the finalized travel schedule or the names of transport or lodging facilities in the Contract Documents set forth in paragraph 1 of the preceding article, JR Tokai Tours, Inc. shall, upon specifying and listing the names of lodging facilities to be used and the transport facilities important for display in said Contract Documents, deliver documents indicating the finalized lodging and transport facilities (henceforth the "Confirmation Documents") by a date stipulated in said Contract Documents falling no later than the day preceding the beginning of the tour (or the tour's beginning date in the case of applications for Agent-organized Tour Contracts made later than the seventh (7th) date counted backwards from the date preceding the tour's beginning date).
2. If, in the case set forth in the preceding paragraph, a traveler makes an inquiry on the progress made with arrangements, JR Tokai Tours, Inc. shall provide a prompt and adequate reply regardless of whether this precedes the delivery of Confirmation Documents.
3. If the Confirmation Documents set forth in paragraph 1 are delivered, the scope of Travel Services for which JR Tokai Tours, Inc. is under an obligation to make arrangements and manage the travel schedule in accordance with the provisions of paragraph 2 of the preceding article shall be limited to that indicated in said Confirmation Documents.

Article 11 - Method of Telecommunications Technology Use

1. When, upon obtaining a traveler's approval, JR Tokai Tours, Inc. provides the matters to be indicated in said documents (henceforth the "Indicated Matters") via means employing telecommunications technologies in place of delivering the Contract Documents, Confirmation Documents or documents indicating travel schedule, Travel Services, tour price and other tour conditions as well as matters relating to JR Tokai Tours, Inc.'s responsibility that are delivered to travelers who wish to conclude an Agent-organized Tour Contract, JR Tokai Tours, Inc. shall verify that the Indicated Matters are recorded on a file available on the telecommunications equipment used by the traveler.
2. When, in the case set forth in the preceding paragraph, files to record the Indicated Matters are not available on the telecommunications equipment used by the traveler, JR Tokai Tours, Inc. shall record the Indicated Matters on a file available on the telecommunications equipment used by JR Tokai Tours, Inc. (on condition that it is provided exclusively for use by the concerned traveler), and shall verify that the traveler has viewed the Indicated Matters.

Article 12 - Tour Prices

1. Travelers must pay to JR Tokai Tours, Inc. a tour price in the amount indicated in the Contract Documents by a deadline preceding the tour's beginning date and indicated in the Contract Documents.
2. When concluding a Distance Contract, JR Tokai Tours, Inc. shall accept payment of the tour price in the amount indicated in the Contract Documents with a card of a Partner Company and without the traveler's signature on the designated slip. The Date of Card Use shall coincide with the date of the tour contract's completion.

Chapter 3 - Changes to Contracts

Article 13 - Changes to Contract Terms

1. When an event arises in which JR Tokai Tours, Inc. has no active part, such as a natural disaster, war, riots, suspension of Travel Services by transport or lodging facilities, orders by a public agency, provision of transport services not envisioned by the initial operation plan, etc., thereby making it inevitable in order to ensure the tour's safe and smooth conduction, JR Tokai Tours, Inc. may change tour schedule, Travel Services and other terms of the Agent-organized Tour Contract (henceforth "Contract Terms") upon promptly explaining to the travelers the reason why JR Tokai Tours, Inc. has no active part in said event as well as the causal relationship with said event; provided, however, that explanation may be given after making changes in the case of emergencies or when otherwise inevitable.

Article 14 - Changes to Tour Prices

1. If applicable fares and fees for the transport facilities to be used during an Agent-organized Tour (henceforth in this Article "Applicable Fares and Fees") considerably increase or decrease beyond the normally expected extent compared to the Applicable Fares and Fees indicated as valid at the time of advertising the Agent-organized Tour due to extreme shifts in the economic climate, etc., JR Tokai Tours, Inc. may increase or decrease the tour price within the extent of said increases or decreases.
2. When increasing the price of a tour in accordance with the provisions of the preceding paragraph, JR Tokai Tours, Inc. shall notify travelers to that effect before the date falling fifteen (15) days before the day of the tour's beginning.
3. When the Applicable Fares and Fees stipulated in paragraph 1 are decreased, JR Tokai Tours, Inc. shall decrease the tour price by that amount only in accordance with the provisions of paragraph 1.
4. If the expenses required for conducting a tour decrease or increase due to changes to Contract Terms pursuant to the provisions of the preceding article (including cancellation fees for tour services that could not be provided due to said changes to Contract Terms as well as breach of contract fees and other fees already paid or to be paid, and excluding cases where the increase of expenses is caused by an insufficiency of seats, rooms or other facilities of transport or lodging facilities, etc. notwithstanding provision of said travel services by the transport and lodging facilities, etc.), JR Tokai Tours, Inc. may change the tour price within that extent in conjunction with the changes to Contract Terms.
5. If the Contract Documents indicate that the tour's price will vary based on the number of travelers using transport or lodging facilities, etc. and total number of travelers changes after the Agent-organized Tour Contract is concluded for reasons not attributable to JR Tokai Tours, Inc., JR Tokai Tours, Inc. may change the amount of the tour's price in accordance with the provisions of the Contract Documents.

Article 15 - Replacement of Travelers

1. Travelers who conclude an Agent-organized Tour Contract with JR Tokai Tours, Inc. may transfer their contractual position to a third party upon obtaining JR Tokai Tours, Inc.'s approval.
2. Travelers wishing to obtain JR Tokai Tours, Inc.'s approval set forth in the preceding paragraph must fill in the designated entries on a form designated by JR Tokai Tours, Inc., and must submit this to JR Tokai Tours, Inc. together with a commission of the designated amount.
3. The transfers of contractual position set forth in paragraph 1 shall take effect when JR Tokai Tours, Inc. gives its approval, and the third party receiving the transfer of positions under a travel contract shall succeed to all rights and duties relating to the traveler's Agent-organized Tour Contract.

Chapter 4 - Contract Cancellation

Article 16 - Traveler's Right of Cancellation

1. Travelers may at any time cancel their Agent-organized Tour Contract by paying to JR Tokai Tours, Inc. the cancellation fee set forth in I. of the attached table. When a Distance Contract is canceled, JR Tokai Tours, Inc. shall be paid the cancellation fee with a Partner Company's card and without the traveler's signature on the designated slip.
2. Notwithstanding the provisions of the preceding paragraph, travelers may cancel their Agent-organized Tour Contract before the tour's beginning without paying a cancellation fee if:
I. JR Tokai Tours, Inc. changes Contract Terms; provided, however, that this shall only apply to changes to the terms set forth in II. of the attached table and to other important terms.
II. The tour price increases pursuant to the provisions of Article 14, paragraph 1.
III. An event arises such as a natural disaster, war, riots, suspension of travel services by transport or lodging facilities or an order by a public agency, making it impossible, or risking to make it impossible to conduct the tour safely and smoothly.
IV. JR Tokai Tours, Inc. fails to deliver Confirmation Documents to the travelers by the deadline set forth in Article 10, paragraph 1.
V. Conducting the tour in accordance with the travel schedule indicated in the Contract Documents becomes impossible due to grounds attributable to JR Tokai Tours, Inc.
3. When, after the beginning of a tour, a traveler becomes unable to receive the travel services indicated in the Contract Documents due to no fault of his/her own, or when JR Tokai Tours, Inc. notifies him/her to that effect, he/she may cancel the part of the contract for the services that he/she is no longer able to receive without paying a cancellation fee notwithstanding the provisions of paragraph 1.
4. In the cases set forth in the preceding paragraph, JR Tokai Tours, Inc. shall provide a refund to the traveler for the portion of the tour price corresponding to the travel services that he/she can no longer receive; provided, however, that if a case set forth in the preceding paragraph is due to grounds not attributable to JR Tokai Tours, Inc., the traveler shall receive a refund obtained by subtracting from said amount any cancellation fee, breach of contract fee or other amounts already paid or to be paid for said travel services.

Article 17 - JR Tokai Tours, Inc.'s Right of Contract Cancellation, etc. - Canceling Before a Tour's Beginning

1. JR Tokai Tours, Inc. may cancel an Agent-organized Tour Contract before the tour begins upon explaining the reason to the traveler if:
I. The traveler is found not to meet tour participant requirements indicated in advance by JR Tokai Tours, Inc., such as gender, age, qualifications, technical skills etc.
II. The traveler is found to be unable to endure the tour due to illness, the absence of necessary caregivers or other grounds.
III. The traveler risks disturbing other travelers, or hindering the smooth conduction of the group tour.
IV. The traveler requests the assumption of an unreasonable burden in relation to Contract Terms.
V. The number of travelers fails to reach the minimum number indicated in Contract Documents.
VI. There is a considerable risk that a condition for the tour's conduction indicated at the time of concluding the contract, such as the necessary snowfall for a skiing tour, may not be met.
VII. An event arises in which JR Tokai Tours, Inc. has no active part, such as a natural disaster, war, riots, suspension of travel services by transport or lodging facilities, or orders by a public agency, making it impossible, or posing a considerable risk of making it impossible to conduct the tour safely and smoothly in accordance with the travel schedule indicated in the Contract Documents.
VIII. A traveler concludes a Distance Contract and becomes unable to settle all or part of his/her obligations for the tour price in accordance with a Partner Company's card membership terms and conditions, such as when the credit card held by the traveler becomes invalid, etc.
IX. The traveler is found to fall under one of items V. to VII. of Article 7.
2. Any traveler failing to pay the tour price by the deadline indicated in the Contract Documents set forth in Article 12, paragraph 1 shall be deemed to have canceled his/her Agent-organized Tour Contract on the date following said deadline. In such cases, the traveler must pay a breach of contract fee to JR Tokai Tours, Inc. in an amount equivalent to the cancellation fee set forth in paragraph 1 of the preceding article.
3. When JR Tokai Tours Inc.wishes to cancel an Agent-organized Tour Contract due to the grounds set forth in paragraph 1, item V, JR Tokai Tours, Inc. shall inform travelers that the tour is to be suspended before the thirteenth (13th) day counted backwards from the date preceding the tour's starting date in the case of domestic travel (or the third (3rd) day in the case of day trips), or before the twenty-third (23rd) day in the case of overseas travel (or the thirty-third (33rd) day in the case of tours beginning during the peak season stipulated in I. in the annexed table).

Article 18 - JR Tokai Tours, Inc.'s Right of Cancellation - Canceling After a Tour's Beginning

1. JR Tokai Tours, Inc. may cancel part of an Agent-organized Tour Contract after the tour begins upon explaining the reason to the traveler if:
I. The traveler is found to be unable to endure the tour's continuation due to illness, the absence of necessary caregivers or other grounds.
II. The traveler hinders the safe and smooth conduction of the tour by going against the instructions provided by the tour conductor or other parties for the smooth conduction of the tour, or by engaging in violence or threats, etc. against said persons or fellow travelers, thus disrupting the order of the group's movements.
III. The traveler is found to fall under one of items V. to VII. of Article 7.
IV. An event arises in which JR Tokai Tours, Inc. has no active part, such as a natural disaster, war, riots, suspension of services by transport or lodging facilities, orders by a public agency, etc., thereby making it impossible for the tour to continue.
2. When JR Tokai Tours, Inc. cancels an Agent-organized Tour Contract in accordance with the provisions of the preceding paragraph, the contractual relationship between JR Tokai Tours, Inc. and the travelers shall be extinguished prospectively. In such cases, JR Tokai Tours, Inc.'s obligations for the travel services already received by the travelers shall be deemed to have been validly settled.
3. In the case set forth in the preceding paragraph, JR Tokai Tours, Inc. shall pay to the travelers an amount obtained by subtracting any cancellation fee, breach of contract fee or other amounts already paid or to be paid for said travel services from the amount of the tour price corresponding to the travel services not yet provided to the travelers.

Article 19 - Tour Price Refunds

1. If a tour price is decreased in accordance with the provisions if Article 14, paragraphs 3 to 5, or an Agent-organized Tour Contract is canceled in accordance with the provisions of the three preceding articles, resulting in an amount to be refunded to a traveler, JR Tokai Tours, Inc. shall pay said amount to the traveler within seven (7) days counted from the date following cancellation in the case of refunds provided due to cancellation before the tour's beginning, or within thirty (30) days counted from the date following the tour's final date indicated in the Contract Documents in the case of refunds provided due to a decrease of tour price or cancellation after the tour's beginning.
2. In cases where JR Tokai Tours, Inc. concludes a Distance Contract with a traveler and the tour price is decreased in accordance with the provisions of Article 14, paragraphs 3 to 5 or the Distance Contract is canceled in accordance with the provisions of the three preceding paragraphs, JR Tokai Tours, Inc. shall pay said amount to the traveler. In such cases, JR Tokai Tours, Inc. shall notify the amount to be refunded to the traveler within seven (7) days from the date following cancellation in the case of refunds provided due to cancellation before the tour's beginning, or within thirty (30) days from the date following the tour's final date indicated in the Contract Documents in the case of refunds provided due to a decrease of tour price or cancellation after the tour's beginning, and the date on which said notification is made to the traveler shall coincide with the Date of Card Use.
3. The provisions of the two preceding paragraphs shall not prevent travelers or JR Tokai Tours, Inc. from exerting the right to seek damage compensation in accordance with the provisions of Article 27 or of Article 30, paragraph 1.

Article 20 - Arrangements for Return after Contract Cancellation

1. When an Agent-organized Tour Contract is canceled after a tour begins in accordance with the provisions of Article 18, paragraph 1, item I or IV, JR Tokai Tours, Inc. shall, at a traveler's request, undertake the necessary travel service arrangements for the traveler's return to the tour's place of departure.
2. In the cases set forth in the preceding paragraph, the traveler shall bear all expenses required for returning to the tour's place of departure.

Chapter 5 - Group Contracts

Article 21 - Group Contracts

1. JR Tokai Tours, Inc. shall apply this Chapter's provisions to the conclusion of Agent-organized Tour Contracts applied for by establishing a representative (henceforth the "Contract Manager") responsible for multiple travelers simultaneously traveling on the same itinerary.

Article 22 - Contract Managers

1. Excluding cases in which a special contract is concluded, the Contract Manager shall be deemed to hold all authority of representation for the conclusion of the Agent-organized Tour Contracts of the travelers constituting his/her group (henceforth "Group Members"), and transactions concerning travel services for said group shall be conducted through said Contract Manager.
2. The Contract Manager must submit a list of Group Members to JR Tokai Tours, Inc. by a date stipulated by JR Tokai Tours, Inc.
3. JR Tokai Tours, Inc. shall not bear any responsibility for any obligations or duties actually borne or expected to be borne by the Contract Manager toward his/her Group Members.
4. If the Contract Manager does not accompany his/her group, after the tour begins a Group Member appointed in advance by the Contract Manager shall be deemed to be the Contract Manager.

Chapter 6 - Travel Schedule Management

Article 23 - Travel Schedule Management

1. JR Tokai Tours, Inc. shall endeavor to ensure that the travelers travel safely and smoothly, and provide the travelers with the services set forth below; provided, however, that this shall not apply if JR Tokai Tours, Inc. has concluded a special contract other than the present one with the travelers.
I.. If, in the course of a tour, a traveler is found to risk being unable to receive travel services, JR Tokai Tours, Inc. shall take the necessary steps in order to ensure that he/she can receive travel services in accordance with the Agent-organized Tour Contract.
II. If there is no choice but to change Contract Terms in spite of having taken the steps set forth in the preceding paragraph, JR Tokai Tours, Inc. shall make arrangements to provide alternative services. If the travel schedule is thereby changed, JR Tokai Tours, Inc. shall work to minimize changes to Contract Terms, such as by working to ensure that the new travel schedule is in keeping with the purpose of the initial travel schedule, and, when changing travel service terms, working to ensure that the new travel services are equivalent to the initial travel services, etc.

Article 24 - JR Tokai Tours, Inc.'s Instructions

1. When moving in a group during the time from the tour's beginning to the tour's end, travelers must follow JR Tokai Tours, Inc.'s instructions in order to ensure the tour's safe and smooth conduction.

Article 25 - Duties of the Tour Conductor

1. JR Tokai Tours, Inc. may, depending on the tour's features, cause a tour conductor or other person to accompany the travelers, and cause him/her to engage in all or part of the work set forth in each item of Article 23 or other work deemed necessary by JR Tokai Tours, Inc. as incidental to the Agent-organized Tour Contract.
2. As a general rule, the time slot during which the tour conductor or other persons set forth in the preceding paragraph engage in the work set forth in the preceding paragraph shall be from 08:00 to 20:00.

Article 26 - Protection Measures

1. If a traveler is found to require protection due to illness or injury, etc. in the course of travel, JR Tokai Tours, Inc. may take the necessary measures. In such cases, when this is not due to grounds attributable to JR Tokai Tours, Inc., the expenses required for said measures shall be borne by the traveler, and the traveler must pay for said expenses by a deadline specified by JR Tokai Tours, Inc. and with a method specified by JR Tokai Tours, Inc.

Chapter 7 - Responsibility

Article 27 - JR Tokai Tours, Inc.'s Responsibility

1. When, in the course of an Agent-organized Tour Contract's performance, JR Tokai Tours, Inc. or a party caused by JR Tokai Tours, Inc. to make arrangements on its behalf in accordance with the provisions of Article 4 (henceforth the "Arrangements Agent") causes damage to a traveler through intent or gross negligence, JR Tokai Tours, Inc. shall be liable to provide compensation for said damages; provided, however, that this shall only apply when a notification is made to JR Tokai Tours, Inc. within two (2) years counted from the date following the date on which the damage is incurred.
2. When an event arises in which JR Tokai Tours, Inc. or the Arrangement Agent have no active part, such as a natural disaster, war, riots, suspension of travel services by transport or lodging facilities, orders by a public agency, etc., causing damage to a traveler, JR Tokai Tours, Inc. shall not be liable to provide compensation with the exception of the case set forth in the preceding paragraph.
3. With regard to damage suffered by hand baggage set forth in paragraph 1, JR Tokai Tours, Inc. shall, notwithstanding the provisions of the preceding paragraph, provide compensation for up to one hundred and fifty thousand (150,000)JPY (this shall not apply to cases involving intent or gross negligence by JR Tokai Tours, Inc.) on condition that notification is made within fourteen (14) days from the date following that on which the damage is incurred for domestic tours and twenty-one (21) days for overseas tours.

Article 28 - Special Compensation

1. Regardless of whether JR Tokai Tours, Inc. is liable pursuant to the provisions of paragraph 1 of the preceding article, if a traveler suffers a given amount of damage to his/her life, body or hand baggage while participating in an Agent-organized Tour, JR Tokai Tours, Inc. shall provide compensation and consolatory payments in amounts established in advance in accordance with attached Special Compensation Regulations.
2. If JR Tokai Tours, Inc. is responsible for the damages set forth in the preceding paragraph pursuant to the provisions of paragraph 1 of the preceding article, the compensation set forth in the preceding paragraph to be paid by JR Tokai Tours, Inc. within the extent of the damage compensation to be paid pursuant to said responsibility shall be deemed to be compensation for said damages.
3. In the case set forth in the preceding paragraph, JR Tokai Tours, Inc.'s duty to pay compensation pursuant to the provisions of paragraph 1 may be reduced by an amount equivalent to the damage compensation to be paid by JR Tokai Tours, Inc. pursuant to the provisions of paragraph 1 of the preceding article (including compensation deemed to be damage compensation in accordance with the provisions of the preceding paragraph).
4. Agent-organized Tours conducted by JR Tokai Tours, Inc. upon receiving a separate price for travelers participating in one of JR Tokai Tours, Inc.'s Agent-organized Tours shall be treated as part of the main Agent-organized Tour Contract.

Article 29 - Travel Schedule Guarantee

1. When one of the important changes to Contract Terms listed under II. of the attached table occurs (excluding the changes listed below (excluding those due to insufficiencies of seats, rooms or other facilities of transport or lodging facilities, etc. notwithstanding the provision of travel services by transport or lodging facilities, etc.)), JR Tokai Tours, Inc. shall pay change compensation in an equal or greater amount than that obtained by multiplying the tour price by the ratios set forth in the table's bottom field within thirty (30) days counted from the date following the end of the tour; provided, however, that this shall not apply when JR Tokai Tours, Inc. is clearly responsible for said changes pursuant to the provisions of Article 27, paragraph 1.
I. Changes due to:
a. Natural disasters
b. War
c. Riots
d. Order by a public agency
e. Suspension of travel services by a transport or lodging facilities, etc.
f. Provision of transport services not stipulated in the initial operation plan
g. Necessary measures to secure the safety of the life or body of tour participants
II. When an Agent-organized Tour Contract is canceled pursuant to the provisions of Articles 16 to 18, changes relating to the canceled portions
2. The amount of change compensation to be paid by JR Tokai Tours, Inc. shall not exceed a per traveler amount for each Agent-organized Tour Contract obtained by multiplying the tour price by a ratio of fifteen percent (15%) or more stipulated by JR Tokai Tours, Inc., and JR Tokai Tours, Inc. shall not pay change compensation if the per traveler amount of change compensation to be paid for each Agent-organized Tour Contract is less than one thousand (1,000)JPY.
3. If, after paying change compensation pursuant to the provisions of paragraph 1, it is found that JR Tokai Tours, Inc. is responsible for said changes pursuant to the provisions of Article 27, paragraph 1, the traveler must return change compensation for said changes to JR Tokai Tours, Inc. In such cases, JR Tokai Tours, Inc. shall pay the amount obtained by offsetting the amount of damage compensation to be paid pursuant to the provisions of said paragraph with the amount of change compensation to be returned by the traveler.

Article 30 - Traveler's Responsibilities

1. If JR Tokai Tours, Inc. is damaged due to a traveler's intent or negligence, said traveler must provide damage compensation.
2. When a traveler concludes an Agent-organized Tour Contract, he/she shall make use of the information provided and work to understand the rights and duties of travelers and other terms of the Agent-organized Tour Contract.
3. If a traveler, after the tour's beginning, found that he/she has been provided different travel services than those indicated in the Contract Documents, he/she must, in order to ensure that the travel services indicated in the Contract Documents are received without problems, promptly notify JR Tokai Tours, Inc., JR Tokai Tours, Inc.'s Arrangements Agent or the concerned travel service provider to that effect at the tour's destination.

Chapter 8 - Deposits for Refunds

Article 31 - Deposits for Refunds

1. JR Tokai Tours, Inc. (Zennittsu Kasumigaseki Bldg., 3-3-3 Kasumigaseki , Chiyoda-ku, Tokyo) is a full member of the Japan Association of Travel Agents, and pays contributions for its refund deposits.
2. Travelers and Group Members having concluded an Agent-organized Tour Contract with JR Tokai Tours, Inc. may receive refunds for the claims resulting from their transactions for up to one hundred and fifty million (150,000,000) JPY from the deposits for refunds deposited by the Japan Association of Travel Agents set forth in the preceding paragraph.
3. JR Tokai Tours, Inc. is paying its contributions for the Japan Association of Travel Agents' deposits for refunds pursuant to the provisions of Article 22-10, paragraph 1 of the Travel Agency Act, and is therefore not depositing deposits for operation pursuant to Article 7, paragraph 1 of the Travel Agency Act.

Table 1 - Cancellation Fees (in relation to Article 16, paragraph 1)

1. Cancellation fees for Domestic Travel

Category Cancellation fee
I. Agent-organized Tour Contracts other than those set forth in the following entry
a. When canceling on the twentieth (20th) day counted backwards from the date preceding the tour's beginning date (or the tenth (10th day) in the case of day trips) or later (excluding cases b. to e.) Within twenty percent (20%) of the tour price
b. When canceling on the seventh (7th) day counted backwards from the date preceding the tour's beginning date or later (excluding cases c. to e.) Within thirty percent (30%) of the tour price
c. When canceling on the day before the tour's beginning date Within forty percent (40%) of the tour price
d. When canceling on the date of the tour's beginning Within fifty percent (50%) of the tour price
e. When canceling after the tour's beginning or failing to participate without providing notice Within one hundred percent (100%) of the tour price
II. Agent-organized Tour Contracts employing reserved ships Varies based on the ship's cancellation fee regulations
Note: (I) the amount of cancellation fees shall be indicated in Contract Documents.
(II) For the purpose of applying this table, "after the tour's beginning" shall mean the "period from the time at which the participant begins receiving services offered " as stipulated in Article 2, paragraph 3 of the attached Special Compensation Regulations.

2. Cancellation fees for Overseas Travel

Category Cancellation fee
I. Agent-organized Tour Contracts using an airplane when leaving or returning to Japan (excluding the tour contracts set forth under the following entry)
a. When canceling on the fortieth (40th) day counted backwards from the date preceding the tour's beginning date or later, and the tour's beginning date falls during peak season (exceeding cases b. to d.) Within ten percent (10%) of the tour price
b. When canceling on the thirtieth (30th) day counted backwards from the date preceding the tour's beginning date or later (excluding cases c. and d.) Within twenty percent (20%) of the tour price
c. When canceling two days before the tour's beginning date (excluding case d.) Within fifty percent (50%) of the tour price
d. When canceling after the tour's beginning date or failing to participate without providing notice Within one hundred percent (100%) of the tour price
II. Agent-organized Tour Contracts employing a reserved airplane
a. When canceling on the ninetieth (90th) day counted backwards from the date preceding the tour's beginning or later (excluding cases b. to d.) Within twenty percent (20%) of the tour price
b. When canceling on the thirtieth (30th) day counted backwards from the date preceding the tour's beginning or later (excluding cases c. and d.) Within fifty percent (50%) of the tour price
c. When canceling on the twentieth (20th) day counted backwards from the date preceding the tour's beginning or later (excluding case d.) Within eighty percent (80%) of the tour price
d. When canceling on the third (3rd) day counted backwards from the date preceding the tour's beginning or later, or failing to participate without providing notice Within one hundred percent (100%) of the tour price
III. Agent-organized Tour Contracts employing a reserved ship when leaving or returning to Japan Varies based on the ship's cancellation fee regulations
Note: "peak season" means the periods from December 20 to January 7, April 27 to May 6, and July 20 to August 31.
Note: (I) the amount of cancellation fees shall be indicated in Contract Documents.
(II) For the purpose of applying this table, "after the tour's beginning" shall mean the "period from the time at which the participant begins receiving services offered " as stipulated in Article 2, paragraph 3 of the attached Special Compensation Regulations.

Table 2 - Change Compensation (in relation to Article 29, paragraph 1)

Changes requiring the payment of change compensation Rate per change
Before the tour's beginning After the tour's beginning
I. Change of the tour's beginning or ending date indicated in the Contract Documents 1.5 3.0
II. Change of touristic sites or touristic facilities (including restaurants) to be entered indicated in the Contract Documents and other travel destinations 1.0 2.0
III. Change of transport facilities indicated in the Contract Documents to lower-class or cheaper facilities (limited to cases where the class and total fares of facilities after the change fall below those of the facilities indicated in the Contract Documents) 1.0 2.0
IV. Change of the type or company name of the transport facilities indicated in the Contract Documents 1.0 2.0
V. Change of flights to one employing a different airport than the airport serving as the tour's place of departure or of the airport serving as the tour's final destination in Japan indicated in the Contract Documents 1.0 2.0
VI. Change of a direct flight indicated in the Contract Documents to connecting or indirect flights 1.0 2.0
VII. Change of the type and name of the lodging facilities indicated in the Contract Documents 1.0 2.0
VIII. Change of the room type, facilities, scenic view and other room conditions indicated in the Contract Documents 1.0 2.0
IX. Change to matters out of those listed above indicated in the tour name on the Contract Documents 2.5 5.0
Note 1: here, "before the tour's beginning" means cases where said changes are notified to travelers by the day preceding the tour's beginning date, and "after the tour's beginning" means cases where said changes are notified to travelers on the tour's beginning date or later.
Note 2: if the Confirmation Documents have been delivered, this Table shall be applied upon replacing "Contract Documents" with "Confirmation Documents". In such cases, if any variance arises between the contents of the Contract Documents and the contents of the Confirmation Documents, or between the contents of the Confirmation Documents and the Travel Services that are actually provided, each shall be treated as one change.
Note 3: If the transport facilities involved in the changes set forth in items 3 and 4 entail the use of lodging facilities, each overnight stay shall be treated as one change.
Note 4: the changes of company name of transport facilities set forth in item 4 shall not include changes to higher-grade or more expensive facilities.
Note 5: if multiple changes set forth in item 4, 7 or 8 occur for a single passenger ticket, etc. or a single overnight stay, each passenger ticket, etc. or overnight stay shall be treated as one change.
Note 6: only the rate set forth in item 9 shall apply to the changes set forth in item 9, and rates from item 1 to 8 shall not apply.

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