Terms and Conditions

Note:
The Terms & Conditions for Contract will be resolved in the courts in the jurisdiction of Japanese law.These terms are provided in both Japanese and English. In case of a discrepancy between the Japanese and the English, the Japanese version will take precedence.

This outline of tour conditions represents part of the terms of transaction stipulated in Article 12-4 of the Travel Agency Law, and the contract specifying services rendered for travel and other matters as stated in Article 12-5 of the law.

1.Contract for Agent-Organized Tours

Responsibility rests with the company operating Agent-Organized Tours(here in after referred to as we)whose name in full appears below and in its tour pamphlets　or website. Clients joining such tours shall conclude an Agent-Organized Tour Contract (here in after referred to as the Travel Contract) with us.
We shall provide tour arrangements and itinerary management so that the client receives tour services including transport/accommodations(here in after referred to as “tour services”) provided by transportation/accommodation operators during the tour itinerary set by us.

2.Application for Agent-Organized Tour Contracts and their Conclusion

The client shall provide information on our application form as required and submit the form together with the necessary reservation deposit. Paid deposit shall be applied to the tour fare, cancellation charges or penalties.
We may accept applications for travel contracts by telephone, mail, facsimile and other means of communication. In such cases, the client shall submit the application form and reservation deposit to us within 3 days counting from the day when acceptance of application is confirmed. If the client fails to supply the required application form and deposit within 3 days, the reservation shall be voided.
The Travel Contract shall become valid upon our consent to the conclusion of the contract and receipt of the reservation deposit.

3.Special Conditions of Tour Application

A client under 18 years of age and traveling alone during the tour period shall provide with written consent of his/her guardian. Clients under 15 years of age must be accompanied by a parent or guardian.
We may refuse an application if any one of the client’s age, qualifications, skills or other conditions do not conform to those designated for tours aimed at specific customer categories or purposes.
As a measure against the new coronavirus, each customer may be required to wear a mask and disinfect their hands. Also, drinking alcohol is prohibited in the vehicle, so you cannot bring alcoholic beverages into the vehicle. Please refrain from talking loudly to prevent droplets. Please note that on the day of your trip, you will have your temperature taken before departure, and if your temperature is 37.5 degrees or higher, you will not be able to participate in the trip.
When entering some facilities, you may be required to have your temperature taken, and if your temperature is 37.5 degrees or higher, you will not be allowed to enter. Additionally, if you develop a fever or feel unwell during your trip, we will ask you to leave the tour to prevent the spread of infection to other customers. In that case, we will not be able to provide refunds.
Clients who require special attention from us during the tour for reason of chronic disease, general ill-health, pregnancy or physical handicap, shall advise of this when applying for the tour.
We shall comply with such requests to the extent deemed feasible and reasonable.
In some cases, we shall change a part of the itinerary or recommend the client to join another tour with the minimum extra charge or refuse his/her participating the tour.
If we determines that the client needs medical diagnosis or treatment by a physician owing to illness, functional disease or other reasons during the tour, we shall take measures necessary to ensure smooth operation of the tour. All costs resulting from such measures shall be borne by the client.
We may refuse client participation if it determines that he or she threatens to embarrass, inconvenience or interfere with the collective activities of tour participants.
We may also refuse client participation for the tour operational reasons.
If the customer is found to be a member of an organized crime group, an organized crime group, a company or organization associated with an organized crime group, or any other anti-social force, the application will be refused.

4.Payment of Tour Fare

The Tour Fare shall be paid no later than the 14th day prior to the eve of the departure date. When application is made on or after the 14th day prior to the eve of the day the tour starts, the tour fare shall be paid before departure by a date designated by us.

5.Tour Fare

Clients 12 years of age or more shall be charged adult fare and those aged 3 to 11 shall be charged child fare unless otherwise specified. However, If your child is under 3 years old and requires a seat in the vehicle, meals, bedding, etc. in the accommodation, we will charge the child fee.
The fare is indicated for each tour course. Clients are asked to confirm the fare according to the departure date and the number of participants.
The Tour Fare shall be the basis for calculating the cancellation charge, non-fulfillment fee. The “Tour Fare” on the advertisements or pamphlets will be calculated as follows: tour fare “(+)” additional “(-)” reduction.

6.Included in the Tour Fare

The items excerpted below may be included in the travel price. Please check the items listed on your actual itinerary.

Fares and charges for the transportation facility specified in the itinerary (unless otherwise noted, standard seats will be used)
Accommodation fees, taxes and service charges specified in the itinerary
Meal prices, taxes and service charges specified in the itinerary
Sightseeing fees specified in the itinerary (guide fee, entrance fee, viewing fee)
Gratuity during group activities
Tourist expenses for the course accompanied by a tour conductor
Other items indicated in pamphlets, websites, etc. that they are included in the travel fee.

7.Not Included in the Tour Fare

Charges and expenses other than those specified in the preceding article 6, such as:

Laundry, telephone, additional meals and drinks, and any other expenses of personal nature.
International and domestic air fares.
Airport departure taxes.
Excess baggage. Heavy baggage.
Medical expenses for injuries and illness.
Traveling and accommodation costs between arrival/departure and the start and end points of the itinerary.

【Additional Fares】

The additional fares are required for following arrangements.

Additional charges for “Upgrade Plans” to upgraded hotels or class of room.
Additional charges for changing from a “Plan Without Meals” to a “Plan With Meals”.
Additional charges for “Hotel Extension Plan” to extend the staying period.
Surcharges for upgrading airline classes.
Other additional charges as specified in pamphlets and other material.

9.Revision of Travel Service Content

We may, after conclusion of the Travel Contract, cancel the tour or revise its contents and services for any of the following reasons: natural calamity or disaster, weather conditions, civil unrest, suspension of services rendered by transport/accommodation facilities, provision of transportation not based on the original operational plan, governmental orders, or other circumstances beyond our control. We reserves the right to take necessary measures when safe, smooth tour operation in accordance with the itinerary is deemed impossible, or when there is valid reason to believe that the tour cannot continue. In such cases, we must explain in a timely manner its inability to function according to the Travel Contract under the circumstances. However, said explanation may be made after revisions are made when conditions demand.

10.Change of Tour Participants

A client who has entered into a Travel Contract may, with our consent, transfer the status in the contract to a third party. In this case, the clients shall enter the required information in the form provided and submit it together with the specified handling fee. The transfer of status in the contract to a third party as stipulated shall become valid by the consent of us. We may reject a change in the name of travelers if transportation or accommodation operator does not accept the change or for any other reason.

11.Cancellation Rates

If a client cancels the Travel Contract for personal reasons, the following cancellation rates will apply to the tour fare. Clients remaining in the tour will incur the balance of additional per room costs associated with the change in number of participants.
If the travel fee is not paid by the due date, we will assume that the customer has canceled the travel contract on the day after the due date, and we will charge a penalty fee equal to the cancellation fee.
If a client fails to pay the tour fare by the designated date, we will assume the client has canceled as of the following day, and the cancellation charges specified above will apply.Timing of notice of cancellation is based on Japan local time.

Time of cancellation	Cancellation Charge
If notice of cancellation is received by us	Tours Including Accommodations	1 Day Tour
1. 21 or more days prior to the starting date of the tour	No Charge	No Charge
2. 20 days to 11 days prior to the starting date of the tour	20% of the tour fare	No Charge
3. 10 days to 8 days prior to the starting date of the tour	20% of the tour fare	No Charge
4. 7 days to 2 days prior to the starting date of the tour	30% of the tour fare	30% of the tour fare
5. 1 day prior to the starting date of the tour	50% of the tour fare	50% of the tour fare
6. on the day of departure	100% of the tour fare	100% of the tour fare
7. after day of departure, or In case of failure to show without notice	100% of the tour fare	100% of the tour fare

12.Cancellation of Travel Contract by the Client

【1．Before Departure】

The client is at all times entitled to cancel the Travel Contract, but must pay us a cancellation charge as stipulated in Article 11 above.
The customer may cancel the travel contract without a cancellation fee in the following cases:
- When important travel contract details are changed.
- When the travel fee is increased based on Article 9.
- In the event of a natural disaster, war, riot, suspension of travel services such as transportation or accommodation, orders from public offices, or other circumstances, safe and smooth travel becomes impossible, or may become impossible.
- When it becomes impossible to carry out the provided itinerary due to our responsibility.
When the travel contract is canceled pursuant to Section 1-1, we will refund the travel fee (or application fee) already received after deducting the prescribed cancellation fee. If the cancellation fee cannot be covered by the application fee, the difference will be charged. In addition, if the travel contract is canceled pursuant to Section 1-2, the travel fee (or application fee) already received will be fully refunded.

【2．After Departure】

If the customer leaves the group midway due to personal reasons, the customer will be deemed to have waived any remaining rights and no refund will be given.
If you are unable to receive a travel service through no fault of your own, you may cancel the contract for the portion of the contract that is no longer available without paying a cancellation fee.
In the case of Section 2-2, we will refund to the traveler the amount of the travel fee for which the travel service is no longer available. However, if the reason is not our responsibility, we will refund the amount minus cancellation fees, penalty fees, and other amounts already paid or to be paid for the travel service.

13. Cancellation of Travel Contracts and Tour Operation by HATO BUS

【1．Before Departre】

If the client has not paid the tour fare by the prescribed date, we may cancel the Travel Contract. In such cases, the clients shall pay us the applicable cancellation charge.
In any of the following cases, we may cancel the Travel Contract.
- When it becomes evident that the client does not satisfy the age, qualification, skill or other requirements specified for participation in the tour.
- When the client is recognized as unfit to join the tour owing to illness or for other reasons.
- When there is evidence that the client threatens to cause other participants embarrassment or inconvenience, or might otherwise interfere with the smooth performance of the collective activities of the tour.
- When the customer is found to be a member of an organized crime group, an organized crime group, a company or organization associated with an organized crime group, or other anti-social forces.
- When the client demands things that are beyond the reasonable scope of the details in the contract.
- When the minimum number of participants as stipulated in the Travel Contract has not been met. In such cases, we shall notify the client of tour cancellation no later than 13th day (3rd day for a one-day tour) prior to the eve of departure.
- In the event of a natural calamity or disaster, poor weather conditions, civil disturbance, suspension of services related to transportation, accommodations, etc., governmental orders, or other circumstances beyond our control, and when safe, and smooth tour operation according to the itinerary specified in the Travel Contract has become impossible, or there is a valid reason to believe that the tour cannot continue.
- 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 there is valid reason to believe that the required conditions cannot be met.
When we cancels the Travel Contract in accordance with Clause 1. hereinabove, it shall refund payment after deducting the specified penalties from said payment or from the deposit received from the client. When we cancels a tour in conformity with Clause 2, hereinabove, it shall refund the full amount of the tour fare (or deposit) received from the client.

【2．After Departure】

We may cancel the Travel Contract for tours after the departure date in the following cases:
- When the client is unable to continue the tour owing to illness or other factors.
- When the client seem to disturb the order of collective activities of tour participants by negligence of instruction from tour conductor or violent deeds or menace towards these people or those accompanying them, which otherwise Jeopardizes safety, smooth tour operation.
- When the tour cannot continue owing to natural disaster, weather conditions, civil unrest, labor disputes, suspension of services by transportation or accommodation facilities, governmental orders, or other causes beyond our control.
We may immediately cancel the travel contract in the following cases:
- When the customer is found to be a member of an organized crime group, an organized crime group, a company or organization associated with an organized crime group, or other anti-social forces.
If we cancels the Travel Contract in accordance with the Clause 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 cases where travel services are not rendered owing to tour cessation, or services for which has paid,(or will pay)expenses, cancellation charge, penalty, or etc., we will refund only the balance thereof.
When we cancels the Travel Contract for tours in accordance with the Clause 2-1 a and c hereinabove, we shall, at the client’s expense, make necessary arrangements as requested for return to point of departure.
When we cancel the travel contract based on the provisions of Section 2-1, the contractual relationship between us and the customer will be extinguished only in the future. In other words, our debts related to the travel services that you have already received will be deemed to have been effectively repaid.

14. Tour Conductors

Clients must follow the instructions of the conductor in order to maintain the safe and smooth operation of the itinerary.The conductor shall, in principle, provide the services necessary for smooth tour operation in order to maintain the flow of the itinerary prescribed in the contract document.
We will inform you in advance if you will be accompanied by a tour conductor.
The conductor shall provide services, in principle, from 8:00a.m. to 8:00p.m.
If a tour conductor does not accompany you, we will provide you with the necessary coupons to receive travel services. Customers are responsible for completing procedures to receive travel services by themselves.
In the case of Section 4, in the event that a change in service content is necessary due to bad weather, etc., the customer is responsible for arranging alternative services and carrying out the necessary procedures.

15.Liability and Exemptions

In performing its obligations under the terms of its Tour Contract, should we cause damage to the client through willful negligence or fault, we shall be liable for such damages. However, this only applies if the damage report is made within 2 years reckoned from the day following the occurrence of the damage.
We shall compensate for damage to baggage as stated above, provided that said damage is reported within 14 days counting from the day after the occurrence, up to a maximum of 150,000 yen per person. Not applicable when damage is caused intentionally us or through serious negligence.
We shall not be liable for damages incurred by clients as stipulated in Clause 1 hereinabove if any of the following reasons apply :
- Natural disaster, war, civil unrest, and alteration or cancellation of tour itinerary due to such causes.
- Cessation of services related to transportation or accommodation facilities, and tour itinerary alteration or cancellation owing to such causes.
- Orders of either Japanese or foreign governments, immigration regulations, isolation resulting from infectious diseases, and tour itinerary alteration or cancellation owing to such causes.
- Accidents occurring during the client’s free activities.
- Food poisoning.
- Theft.
- 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.

16. Special Indemnifications

Regardless of whether or not our liability arises based on the preceding paragraph 1, our company shall not be liable for any sudden and accidental damage to the customer while participating in the trip, according to the special compensation regulations in our travel agency terms and conditions (recruitment type organized travel contract). We will pay a predetermined amount of compensation and solatium for certain damages to the life, body, or baggage caused by an external accident. In the event that our company assumes the liability set forth in paragraph 1 above, this compensation will be applied to part or all of the compensation for damages that our company should bear.
We shall not pay compensation or provide condolence money as stipulated in Clause 1 when damages result from the client’s willful negligence, driving while intoxicated and/or illness. The same restriction applies should the client engage in such dangerous sports and activities as skydiving, luge, bobsledding, hang-gliding (motor-driven or otherwise), gyro-plane flying, mountain climbing (using such specialized tools as picks), go-carting, snow-mobile, and others not included in the Organized Tour and engaged in during a client’s free time.
Except for articles listed as exempted from our responsibility as specified in our terms and conditions, the following items are also exempted from our responsibility. Jewelry/precious metals (excluding those used for practical everyday use such as wrist watches and glasses), personal computers/word processors and accessories, data and similar items, drivers licenses, visas, deposit receipts(including bankbooks and bank cards)and similar articles, and equipment for windsurfing, scuba diving, surfing or similar sports.
In case we incurs both the duty to pay compensation as stipulated in Clause 1 and to indemnify client for damages in accordance with Article 15, both shall be regarded as “already executed” within their amount limits when any one of the above duties is satisfied.

17. Liability of Client

We shall require the client to indemnify for losses sustained owing to a client’s willful negligence, fault, conduct against public order and good manners, or breach of provisions in the our Organized Tour Contract.
The client is required to make every effort to utilize information acquired from us and to understand the details of his/her rights/responsibilities as well as the details of tour conditions.
After the start of the tour, if a client should find that the tour service provided is different from that specified in the tour contract, the client is required to report the discrepancy to us or Arrangement Agents or Tour Service Providers immediately.
We may take necessary measures if a client needs treatment during the duration of the tour due to illness, injuries, etc. In the case we is not responsible for the cause of the illness, injury, etc., the client shall bear all costs for said measures and must make the payments by the means and date designated by us.
The client loses the travel coupons provided by us, the client shall bear the cost and charges of all shipping facilities used to reissue said coupons. The fares and changes shall correspond with the rates set by the shipping facilities.

18. Itinerary Booking Guarantee

1．Should major changes occur in Travel Contract contents of the following table(except for changes mentioned in the (1) through (3) below), we shall calculate the change compensation money by multiplying tour fares by the rate indicated in the righthand column of the table, and make refund to the client within 30 days counting from the day after the tour ends. However, if it is evident that liability as set forth in 1. of Article 15 occurs owing to said changes, we shall pay the amount not as compensation for changes but as either a portion or total amount of indemnification for damages.

(1) We shall not pay compensation for changes when they occur for the following reasons (however, compensation shall be paid in the event of shortage, even when services are provided, such as for seats, rooms and other facilities)

Bad weather and natural disasters which hinder the tour itinerary.
War.
Civil unrest.
Governmental orders.
Suspension of services involving transportation, accommodations, etc., such as cancellation, interruption, cessation, etc.
Provision of transport services different from the original schedule, owing to delays or changes in operation schedules.
Necessary measures to prevent tour participant death or bodily harm.

(2) Should cancellation in the Tour Contract be made in accordance with Articles 12 through 13, and should changes occur in such canceled portions, we shall not pay compensation.

(3) Even if major changes occur in Tour Contract contents, we shall not pay compensation if they are changes in the Final Tour Itinerary, and the changes are within the scope of services stated in tour brochures.

2．Regardless of Clause 1 hereinabove, the maximum amount of compensation for changes paid by us under one organized Tour Contract shall be the tour fare multiplied by 15%. This money will not be paid, however, if the total amount is less than 1,000yen.

3．With your consent, we may guarantee products or services in lieu of cash payments.

CHANGES FOR WHICH WE SHALL PAY COMPENSATION	If the client is notified by the day prior to start of tour	If the client is notified after start of tour
1. Change in tour departure or termination date specified in tour brochures:	1.5％	3.0％
2. Changes in destination or entry to tourist spots and/or facilities　(including restaurants) stated in tour brochures	1.0％	2.0％
3. Changes in grade or equipment of transport facilities as stated in tour brochures to those of lower cost (only when the total price after change becomes less than stated in the Tour Contract.):	1.0％	2.0％
4. Changes in transport vehicles or of the company operating them as stated in Tour brochures	1.0％	2.0％
5. Change in accommodation facilities or the name of the company operating them as stated in tour brochures:	1.0％	2.0％
6. Change in type of rooms at hotels, etc., their facilities, or view as stated in tour brochures	1.0％	2.0％
7. Regarding changes in items 1 through 6, above as relating to the tour title in brochures, these rates shall apply instead of those for the above items	2.5％	5.0％

Note:

If there is a change between what is written in the brochure and what is written in the final itinerary, or if there is a change between what is written in the final itinerary and what is actually provided in the travel service, one change will be made for each.
If changes 4 and 6 occur multiple times on a ship, vehicle, or during an overnight stay, these changes will be combined into one change.
With regard to changes set forth in 7 above, compensation rates set forth in 1 through 6 shall not apply, and the compensation rate set forth in 7 shall apply.

19. Correspondence Contract

When we receive an application from a credit cardholder (hereinafter referred to as a “member”) of a credit company we deal with, based on the conditions of “receiving payment of travel charges, cancellation fees, etc., without the signature of the member” (hereinafter referred to as a correspondence contract), the travel conditions are different from the ordinary travel conditions in the following points: (Some travel agencies may not be able to handle this type of application. The types of cards that are handled vary among travel agencies.)
When applying, please provide us with your “Card Name”, “Membership Number (Credit Card Number)”, “Card Expiration Date”, etc.
A contract shall be concluded at the time when we consent in the case of application by telephone, and when we issue a notification of our consent in the case of other communications means. At the time of application, information of the “member number, card expiration date,” etc., shall be provided.
When payment cannot be made using the credit card a member applies with due to a credit reason, etc., we shall cancel the Correspondence Contract, and be entitled to the same amount as the cancellation fees mentioned in the above, as payment for damage caused by a breach of contract. However, this shall not apply if travel charges are paid in cash by a date we designate separately.

20. Privacy Policies

We and its entrusted travel agencies listed in the Sale Office column will use the personal information provided in the tour application forms only for communicating with clients and for arranging transportation and accommodations to provide the services request by the client.
We may record phone or video calls for training purposes. Also if you visit one of our offices, your image may be recorded on CCTV for security purposes.

21.Others

The client shall pay the expenses incurred when he or she asks for the personal accompaniment of a tour conductor for such purposes as guiding shopping, etc., costs arising from client injury or illness, the return of lost baggage or articles left behind owing to personal negligence, as well as changes incurred by independent activity.
The client shall accept all responsibility for decisions regarding individual purchases at souvenir shops even when said shops are introduced by us or its local tour operators.
We does not re-conduct a tour under any circumstance.
Please be sure to adhere to the meeting time. We will not be held responsible if you are late for the meeting time and unable to participate.
On Saturdays, Sundays, public holidays, and during summer vacation, the bus may not be able to operate as scheduled due to road congestion.
Arrival may be delayed due to accidents, road conditions due to bad weather, or other unavoidable reasons. If this requires the use of other means of transportation such as a taxi or accommodation, the costs will be borne by the customer. In addition, we will not compensate you if your stay at the destination is shortened due to these circumstances.
During travel, injuries may incur large sums of treatment costs or transportation costs. Accidents may also result in claims for damages and compensations in amounts which are difficult to collect from the offender. In order to secure oneself against such cases, we recommend that the customer take out domestic travel insurance of a sufficient amount.
Other matters are subject to the our Travel Contracts, including related tour documents presented separately.
These terms and conditions are subject to change to our Travel Contract and governed and construed by the laws of Japan.
The Nagano Prefecture District of Japan shall handle all controversies arising from the interpretation and performance of these Terms and Conditions.

22.Handling of Personal Information

In addition to the above, please visit the our website (https://medakatours.com) for more information.

Shinshu Medaka Tours
1-12-4, N&E BLD.6F,Ginza Chuo-ku, Tokyo, 1040061, Japan
info@medakatours.com