Before applying for a tour, please print this document and be sure to read this Tour Terms & Conditions thoroughly.
1. Significance of Tour Terms & Conditions
This document is a description of the terms of the transaction as stipulated in Article 12-4 of the Travel Agency Law, and it constitutes a part of the contract document as stipulated in Article 12-5 of the same law.
2. Contract for Organized Tours in Japan
1)Tour du lac Co., Ltd. (hereinafter referred to as "TDL") is in charge of domestic organized tours planned and operated by TDL, and the company name is as mentioned above. This is also clearly stated on the Website operated by TDL (hereinafter referred to as the "Website"). Customers who participate in this tour will conclude a domestic organized tour contract (hereinafter referred to as the "Tour Contract") with TDL.
2)TDL will arrange and manage the tour itinerary to ensure that customers can receive transportation and other tour-related services (hereinafter referred to as "Tour Services") provided by transportation companies and other service providers by the designated tour itinerary.
3)The contents and conditions of the Tour Contract are based on the Website, this Tour Terms & Conditions, and the final itinerary (hereinafter referred to as the "Final Itinerary"), which will be provided before departure as a definitive document (including those in electronic media such as PDF).
3. Application for Tour and Conclusion of Contract
1)Please fill out the required information on the application form on the Website or in writing via email, etc., and apply for the tour.
2)A Tour Contract shall be concluded when the TDL issues a written notice of acceptance of the reservation by e-mail or other means after confirming the contents of the application, and the notice reaches the customer.
3)The full amount of the tour price must be paid by the method specified by the TDL at least 11 days prior to the day before the date of the tour. If payment of the tour price is not made by the due date, TDL will treat it as if the Tour Contract did not exist.
4)Customers who require special consideration during the tour must inform TDL at the time of application. TDL will respond to this within a reasonable and possible range. However, the customer shall bear the cost of special measures taken by TDL for customers based on their requests.
4. Conditions of Tour Application
1)Customers under the age of 18 must have a parent or guardian's consent form. Children under the age of 15 must be accompanied by a guardian.
2)For tours aimed at specific customer groups or specific tour purposes, TDL may reject applications if the age, qualifications, skills, or other conditions do not meet the conditions specified by TDL.
3)TDL may decline the application of crime syndicates, customers who are members of or involved with crime syndicates, and customers who are involved in other socially destructive behavior.
4)Customers who have chronic illnesses, are currently in ill health, have food allergies or animal allergies, are pregnant, may become pregnant, or have physical disabilities shall advise TDL of these when applying for a tour.
5)If TDL receives a request as described in the previous section, TDL will do its best to accommodate the customers’ needs within a reasonable and feasible scope, but TDL cannot guarantee that all requests can be met. TDL may ask to provide necessary documents such as a medical declaration form and/or a physician's diagnosis certificate.
6)The cost of any special measures taken by TDL for the customers, based on their request, will be borne by the customers. Additionally, depending on the local conditions and relevant authorities, TDL may require the customers to be accompanied by a caregiver/companion or refuse their participation to ensure the safe and smooth operation of the tour. TDL will inform the customers whether or not TDL can accept the customers’ participation promptly, even after the tour has started.
7)If TDL determines that a customer has a condition that requires medical diagnosis or medical treatment due to illness, injury, or other reasons during the tour, TDL will take necessary measures to ensure the smooth implementation of the tour. All costs for this will be borne by the customer.
8)In principle, any activities which are not included in the Final Itinerary shall not be arranged by TDL during the tour. However, depending on the tour, TDL may arrange them under separate conditions, in which case an additional price will be charged.
9)If TDL deems that the customer may cause inconvenience to other customers or hinder the smooth implementation of group activities, TDL may refuse the customer’s participation.
10) In other cases where it is necessary for the business operations of TDL, the application may be refused.
5. Contract Documents and Final Itinerary
1)The contract document provided to the customer after the conclusion of the Tour Contract between the customer and TDL includes the itinerary listed on the Website, the Final Itinerary as well as the contents of this Tour Terms & Conditions.
2)Unless otherwise stated in the contract, TDL will provide the customer with a Final Itinerary that details the tour schedule and Tour Services no later than the day before the start of the tour.
6. The Tour Prices
1)Customers shall pay the tour price based on the request from TDL by the date specified by TDL.
2)The calculation method of "Tour price" on the Website or tour advertisement is "the amount displayed as the tour price" plus "the amount displayed as an additional price" minus "the amount displayed as the discount price". This total amount is the basis for calculating the amount of "cancellation price", "penalty price" and "compensation price".
7. Services Included in the Tour Price
1)The Tour Services included in the tour price are limited to those specified on the Website and the Final Itinerary.
2)As a general rule, refunds will not be given for the above Tour Services that are not used by the customer.
8. Services not Included in the Tour Price
The following charges are not included in the tour price.
a. Additional food and beverage expenses, other personal expenses, and associated taxes and service charges associated with them.
b. Baggage storage prices and additional transportation costs associated with them.
c. Medical expenses related to customers’ injury or illness.
d. Transportation and accommodation expenses to and from the departure and arrival point.
e. Domestic Travel Insurance.
9. Revision of the Tour Contract
Even after the Tour Contract has been concluded, TDL may change the itinerary, the content of the Tour Services, and other contractual content of the organized tour contract if a natural disaster or other events of force majeure such as war, riot, or cancellation of Tour Services by transportation companies not by the initial tour plan, orders from public authorities, or other reasons beyond TDL’s control occur, to ensure the safe and smooth implementation of the tour. TDL will explain to the customers the reasons, however, in the case of an emergency, TDL will explain the changes after TDL takes the necessary measures.
10. Change of the Amount of Tour Price
1)If the fares and charges of the transportation facility used are revised significantly beyond what is usually expected due to significant changes in economic conditions, etc., the tour price will be changed by the difference in the revision. However, in the event of an increase or change in the tour price, the customer will be notified before the 15th day counting back from the day before the date of the tour.
2)The difference will be charged if the tour price changes due to a decrease in the number of people.
11. Change of Tour Customers
Customers may transfer their contractual position to another person with the consent of TDL. The transfer of the contractual position to a third party shall take effect when TDL has given its consent, and the person who has taken over the contractual position shall inherit all rights and obligations regarding this Tour Contract. TDL may refuse the customer's replacement in some cases.
12. Cancellation and Refund of the Tour Contract by the customer
1)Customers may cancel the Tour Contract at any time. However, depending on the timing of the cancellation, the designated cancellation price listed below will be charged. The cancellation date of the Tour Contract is based on the time when the customer made the cancellation request during TDL’s business hours based on Japan Standard Time. Requests for changes or cancellations made during holidays and/or outside business hours will be deemed to be given on the next business day.
a. The cancellation rate for activities such as cycling & lunch cooking experiences, mochi-making experiences, tea farm experiences, and artisans' workshop experiences.
Time of cancellation |
Cancellation rate |
If notice of cancellation is received by TDL 10 days to 4 days prior to the starting date of the tour |
50% of the tour price |
If notice of cancellation is received by TDL 3 days prior to the starting date of the tour |
80% of the tour price |
If notice of cancellation is received by TDL 2 days prior to the starting date of the tour |
100% of the tour price |
b. The cacellation rate for local transportation (taxi, chartered car, microbus, JR, etc.), accommodation, and sightseeing
tickets that are
not planned and operated by TDL.
Cancellation rate |
|
If notice of cancellation is received by TDL 10 to 8 days prior to the starting date of the tour |
20% of the tour price |
If notice of cancellation is received by TDL 7 to 2 days prior to the starting date of the tour |
30% of the tour price |
If notice of cancellation is received by TDL 1 day prior to the starting date of the tour |
40% of the tour price |
If notice of cancellation is received by TDL prior to the starting time of the tour |
50% of the tour price |
If notice of cancellation is received by TDL after the starting time of the tour or without notice |
100% of the tour price |
2)In the following cases, customers may cancel the Tour Contract without paying the cancellation price before the start of the tour.
a. When a natural disaster, war, riot, or other events such as the suspension of Tour Services by transportation companies or orders from public authorities occur, and it becomes impossible or highly likely to be impossible to carry out the tour safely and smoothly.
b. When changes are made to the Tour Contract that is not the customer's responsibility (the changes will be subject to the tour itinerary guarantee).
c. When the tour price has been increased.
d. When TDL fails to provide the Final Itinerary by the deadline (although there may be cases where it is provided after the deadline with the customer's prior consent due to unavoidable reasons).
e. When it becomes impossible to implement the tour as originally scheduled for reasons attributable to TDL.
f. When the tour is canceled at the discretion of the organizer.
3)If the Tour Contract is canceled under Article 1)of this Article, TDL will deduct the prescribed cancellation price from the tour price already received and refund it. If the Tour Contract is canceled under Article 2)of this Article, TDL will refund the entire tour price already received within 7 days from the day following the termination date.
4)If the start date or course of the tour is changed for the convenience of the customer, the customer will cancel the original Tour Contract and conclude a new Tour Contract. In this case, TDL shall charge a cancellation price based on the date of cancellation of the Tour Contract.
13. Cancellation of the Tour Contract by TDL
1)If the customer does not pay the tour price by the due date, TDL may cancel the Tour Contract. In this case, the customer shall pay the prescribed cancellation price.
2)In the following cases, TDL may cancel the Tour Contract.
a. When it becomes clear that the customer does not meet the gender, age, qualifications, skills, and other conditions for participation in the tour specified in advance by TDL.
b. When it is found that the customer belongs to antisocial forces.
c. When it is recognized that the customer is unable to withstand the tour due to illness or other reasons.
d. When it is recognized that the customer is likely to cause trouble to other customers or hinder the smooth implementation of group activities.
e. When the customer requests an unreasonable burden regarding the contents of the contract.
f. Even after the conclusion of the Tour Contract, the credit card has expired or the tour price cannot be received by the agreement of the credit card company.
g. When the conditions for the implementation of the tour specified in advance by TDL are not fulfilled, such as the lack of snowfall in the tour for skiing, or when the risk of such implementation is extremely large.
h. In the event of a natural disaster, war, riot, suspension of Tour Services such as transportation facilities, orders from public authorities, or other reasons beyond the control of TDL, the safe and smooth implementation of the tour following the tour itinerary stated in the Tour Contract becomes impossible or there is an extremely high risk of becoming impossible.
3)When TDL cancels the Tour Contract by the preceding paragraph, TDL shall refund the full amount of the tour price already collected. However, TDL will not refund the customers responsible for the cancellation. TDL also reserves the right to claim against the customers for any loss incurred by TDL.
14. Cancellation after Departure
1)Cancellation by Customer
a. If the customer leaves the tour for personal reasons, it will be regarded as a waiver of rights and no refund will be given.
b. If the customer is unable to receive the Tour Services as specified in the Tour Contract for reasons beyond customer responsibility, the relevant portion of the Tour Services may be canceled, with the appropriate refund deducted from the total tour price.
2)Cancellation by TDL
In the following cases, TDL may cancel part of the Tour Contract by explaining the reason to the customer in advance.
a. When it is recognized that the customer cannot continue the tour due to illness or other reasons
b. When the customer is part of the antisocial force
c. When the customer does not follow the instructions of the tour conductor, etc. to carry out the tour safely and smoothly, or when the smooth implementation of the tour is hindered by assault or intimidation of other accompanying customers.
d. When it becomes impossible to continue the tour in the event of a natural disaster, war, riot, suspension of the provision of Tour Services such as transportation, an order from a government office, or any other reason beyond the control of TDL.
3)If TDL cancels the Tour Contract for the reasons described in the preceding paragraph, the customer shall bear the responsibility if there are cancellation prices, penalties, or other expenses that have already been paid or must be paid for Tour Service providers who were unable to receive the provision due to the cancellation of the Contract. In this case, TDL will refund the portion of the tour price related to the Tour Service that the customer has not yet received from the cost of the Tour Service after deducting any cancellation prices, penalty prices, or other nominal expenses that TDL has paid or will subsequently pay to the Tour Service provider. TDL cannot assume any further responsibility for the customer.
4)TDL will not refund the customers who are responsible for the cancellation of the tour. TDL also reserves the right to claim the customer for any losses incurred.
5)If TDL cancels the Tour Contract by a. or d. of this Article 2), TDL will, at the customer's request and the customer's expense, make the necessary arrangements for the customer to return to the place of departure.
15. Reimbursement of Tour Price
If there is an amount that should be refunded to the customer, TDL will refund the amount to the customer within 7 days from the day after the cancellation for refunds before the start of the tour, and within 30 days from the day after the tour end date specified in the Tour Contract for refunds due to reduction of the tour price or cancellation after the start of the tour.
a. In the case of a bank transfer, TDL will refund the amount after deducting the remittance price.
b. The amount settled by credit card will be refunded by TDL through the credit card company. Depending on the timing, it may take 1-2 months for the funds to be credited to the customer’s account. The timing of the remittance depends on the regulations of the credit card company.
16. Tour Conductor
1)A tour conductor will accompany the customer throughout the entire tour. In principle, the tour conductor shall ensure the safety and smooth implementation of the schedule specified in the contract document.
2)During the tour, please follow the instructions of the tour conductor to ensure the smooth operation and safety of the itinerary. As a general rule, tour conductors work from 9 a.m. to 5 p.m.
17. Liability of TDL and Exemptions
1)If TDL causes any loss or damage to the customer due to the intentional misconduct or negligence of TDL or the person to whom TDL has made arrangements on behalf of TDL in the performance of the domestic organized tour contract, TDL shall compensate the customer for the damage incurred. However, this shall be limited to cases where notice is given to TDL within two years counting from the next day of the occurrence of the loss or damage.
2)If the customer suffers damage due to the following reasons, TDL shall not be liable under Article 1)in principle.
a. Changes in tour itinerary or cancellation of tour due to natural disasters, wars, riots, or any other cause thereof.
b. Damage caused by accidents or fires at transportation facilities.
c. Cancellation of transportation services or changes to the tour itinerary or cancellation of the tour due to these reasons.
d. Orders from public authorities, quarantine due to infectious diseases, changes to the tour itinerary, or cancellation of the tour due to these reasons.
e. Food poisoning (excluding meals provided by TDL’s lunch cooking or mochi making experience).
f. Theft
g. Delay, suspension, schedule changes, route changes, or changes to the tour itinerary or shortened duration of stay at the destination due to these reasons caused by transportation services.
3)Regarding damages to baggage, TDL will compensate only if the customer reports the damage to TDL within 14 days from the day after the occurrence of the damage. However, regardless of the amount of damage, the maximum compensation amount per person that TDL will provide is up to 150,000 JPY, except in cases where TDL has displayed intentional or gross negligence.
18. Special Indemnifications
1)Regardless of whether TDL is liable or not, under TDL's special compensation regulations, in the event of accidental and sudden external accidents that occur during participation in a domestic organized tour by TDL, for a certain amount of damage suffered by the customer's life or body, TDL will pay compensation for death in the amount of fifteen million yen (15,000,000 JPY), for residual disability compensation, in an amount of no more than fifteen million yen (15,000,000JPY), condolence money for hospitalization, in an amount of no less than twenty thousand yen and no more than two hundred thousand yen (20,000 JPY to 200,000 JPY), and for outpatient visitation compensation, in an amount of no less than ten thousand yen and no more than fifty thousand yen (10,000 JPY to 50,000 JPY). Regarding damage to baggage, TDL will pay compensation of no more than one-hundred-thousand yen (100,000 JPY) per item or per pair of items, and no more than 150,000 JPY per customer for each domestic organized tour.
2)When TDL is responsible under Article 17-1, this compensation will be applied to some or all of the damages that TDL should bear.
3)TDL will not pay compensation or condolence money if the damage incurred by the customer while participating in the domestic organized tour is due to the customer's intention, drunken driving, illness, etc., or for the reasons stipulated in Articles 3, 4, and 5*1 of the Special Indemnification Rules annexed to the Standard Travel Agency Terms and Conditions.
4)TDL does not compensate for the following: Cash, stocks and bonds, credit cards, coupon tickets, airline tickets, passports, driver’s licenses, visas, certificates of deposit, and savings (including bank books and ATM cash machine cards). TDL will not pay compensation for various data and equivalent, contact lenses, valuables (anything more expensive than 20,000 JPY per kilogram), and other items excluded from compensation as stipulated in Article 18-2*2 of the Special Indemnification Rules annexed to the Standard Travel Agency Terms and Conditions.
19. Liability of Customers
1)Customers are requested to make full use of the information provided by TDL to fully understand the rights and obligations of customers and other contents of the organized tour contract before applying for and participating in the tour.
2)After the commencement of the tour, if the customer recognizes that the Tour Service described in the contract document is different, the customer must promptly notify TDL or the Tour Service provider on site. TDL may not be able to respond to requests after the fact.
3)If TDL suffers damage due to the customer's intentional or negligent act, an act that violates laws and public order and morals, or the customer's failure to comply with the provisions of TDL's Tour Contract, TDL shall claim compensation for damages from the customer.
20. Itinerary Guarantee
1)If there is a significant change to the contents of the contract, TDL will calculate the compensation for the change and refund it to the customer within 30 days from the day after the end of the tour. However, if it is clear that TDL is responsible for the change under the provisions of Article 17-1, TDL will pay all or part of the compensation as damages, rather than as compensation for the change.
Changes that require payment of a modification deposit |
Rate per one item/occurrence (%) |
|
Pre-departure notification |
Post-departure notification |
|
1. Change of tour start date or end date |
1.5 |
3.0 |
2. Change of tour destination, such as sightseeing spots, facilities, restaurants, etc. to be entered |
1.0 |
2.0 |
3. Change of transportation class or company name |
1.0 |
2.0 |
4. Changes to the items described in the tour title |
2.5 |
5.0 |
2)In the case of a change due to the following reasons, TDL will not pay compensation for the change. (However, in the event of a change due to a shortage or occurrence of seats, rooms, or other facilities such as transportation facilities despite the provision of services, a compensation price for a change will be paid.) )
a. Bad weather that interferes with tour schedules, natural disasters
b. Wars, military actions
c. Riot
d. Government Orders
e. Cancellation of Tour Services by transportation providers
f. Provision of transportation services that do not conform to the original operation plan, such as delays and changes in transportation schedules
g. Measures necessary to ensure the safety of the life or body of the tour participant
3)If the Tour Contract is canceled based on the provisions of Article 12, Article 13, and Article 14, TDL will not pay any change compensation.
4)Even if the order of receiving the Tour Services specified in the Tour Contract is changed, if the customer can receive the services during the tour, TDL shall not pay any compensation for the change.
5)Notwithstanding the provisions of Article 1), the amount of compensation for changes that TDL will pay based on a single Tour Contract shall not exceed the amount obtained by multiplying the tour price by 15%. However, if the amount of compensation for changes that TDL will pay based on a single Tour Contract is less than 1,000 JPY per person, TDL shall not pay any compensation for the changes.
6)TDL may provide compensation by offering goods or services of equivalent value, with the customer's consent, instead of paying compensation or damages in monetary form.
21. Travel Insurance
TDL recommends that all customers purchase sufficient travel insurance before departure to cover their own injury or emergency medical expenses. In addition, if necessary, TDL may ask customers to present the insurance certificate of the travel insurance customers have subscribed to.
Insurance is recommended to cover any costs incurred by the customer as a result of the cancellation, shortening, or loss of tour, damage, injury, delay, or inconvenience. TDL’s tour price does not include travel insurance. Customers are requested to purchase travel insurance at their own expense.
22. Privacy policy
The personal information of customers obtained by TDL will not be used for any purpose other than making tour arrangements that the customer has contracted with TDL for and communicating with the customer.
23. Others
1)Any expenses incurred by the customer for personal guidance, shopping, etc. requesting the tour conductor or others, as well as any expenses related to the customer's injuries, illnesses, or lost/forgotten baggage due to the customer's carelessness, or expenses incurred for arranging separate activities, will be borne by the customer.
2)TDL may guide customers to souvenir shops for their convenience, but customers are responsible for purchasing items at their own risk. Similarly, exchanges and returns are the responsibility of the customer.
3)If the scenery from places such as mountains cannot be seen due to bad weather or other factors, the tour will not be canceled or refunded.
4)Customers who require special attention due to allergies, previous illnesses, chronic diseases, or other reasons that TDL cannot identify in advance must inform us before submitting their tour application and consult with TDL. If the customer does not report this, TDL will not be responsible for any problems that may arise from the above reasons.
5)The Tour Contract between the customer and TDL is based on the domestic laws of Japan. Any problems arising from this Tour Contract or any issues not mentioned in this tour condition will be resolved amicably between the customer and TDL each time. However, if the discussion fails to reach a mutual agreement, the matter shall be submitted to the exclusive jurisdiction of Otsu District Court in Otsu, Shiga prefecture, Japan for settlement.
6)This tour condition is based on the Standard Terms and Conditions of Travel Agency Law, approved by the Ministry of Land, Infrastructure, Transport, and Tourism.
7)The original document is written in Japanese. In the event of any discrepancies between the Japanese and the English versions, the Japanese version shall prevail at all times.
Special Indemnification Rules annexed to the Standard Travel Agency Terms and Conditions
Chapter 2: Cases Where Compensation is Not Paid
(Non-payment of Compensation - Part 1)
Article 3: TDL shall not pay compensation for injuries caused by the following reasons:
a. Intentional acts by the customer; however, this does not apply to injuries suffered by persons other than the customer.
b. Intentional acts by a person who should receive death compensation; However, this does not apply to the amount that other individuals should receive if the person is a partial recipient of the death compensation.
c. Suicidal acts, criminal acts, or acts of conflict by the customer; however, this does not apply to injuries suffered by persons other than the customer.
d. Accidents that occur while the customer is driving a car or motorized bicycle without the required driving qualifications stipulated by laws, or while the customer is driving under the influence of alcohol or in a condition where normal driving is impaired; however, this does not apply to injuries suffered by persons other than the customer.
e. Accidents that occur while the customer engages in intentional acts that violate laws, or while receiving services that violate laws; however, this does not apply to damages suffered by persons other than the customer.
f. Brain disorders, diseases, or mental disorders of the customer; however, this does not apply to injuries suffered by persons other than the customer.
g. Pregnancy, childbirth, premature birth, miscarriage, or surgical operations and other medical treatments of the customer; however, this does not apply when treating injuries that should be compensated by TDL.
h. Accidents that occur during the execution of the customer's sentence, detention, or imprisonment.
i. Wars, foreign armed conflicts, revolutions, seizure of power, internal disturbances, armed rebellions, or other similar events or riots (in this provision, it refers to a state where peace is significantly disturbed and recognized as a serious security situation in the entire country or a part of a district due to the collective actions of a crowd or a large number of people).
j. Radioactive, explosive, or other harmful characteristics of nuclear fuel materials (including spent fuel; the same applies hereinafter) or substances contaminated by nuclear fuel materials (including nuclear fission products).
k. Accidents resulting from or disorder caused by the aforementioned reasons or accidents based on the disorder in conjunction with them.
l. Radiation exposure or radioactive contamination other than those in No. 10.
2) TDL shall not pay compensation for cervical syndrome (commonly known as "whiplash") or lower back pain without objective symptoms, regardless of the cause.
(Non-payment of Compensation - Part 2)
Article 4: In the case of domestic package tours, TDL shall not pay compensation for injuries caused by the following reasons in addition to those specified in the previous article:
a. Earthquakes, volcanic eruptions, or tsunamis.
b. Accidents resulting from or disorder caused by the aforementioned reasons or accidents based on the disorder in conjunction with them.
(Non-payment of Compensation - Part 4).
Article 5-2: TDL may not provide compensation or other benefits if the customer or the person entitled to receive death benefits falls under any of the following items. However, this does not apply to the amount payable to other recipients if the beneficiary is one of the recipients of death benefits.
a. Recognized as belonging to organized crime groups, gang members, quasi-members of organized crime groups, or other antisocial forces (hereinafter referred to as "antisocial forces").
b. Recognized as being involved in providing funds or providing convenience to antisocial forces or having other forms of involvement.
c. Recognized as unlawfully utilizing antisocial forces.
d. Recognized as having a relationship with antisocial forces that should be socially condemned.
(Compensation Items and Scope)
Article 18: The compensation items shall be limited to the personal belongings owned by the traveler that they carry with them during the participation in the organized tour.
2) Notwithstanding the provisions of the preceding paragraph, the following items shall not be included in the compensation items: