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CVC aggregate liability for damages claimed under this agreement and arising out of CVC performance of services hereunder shall be limited to the total purchase price you pay for any goods, services or information.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CVC BE LIABLE WHATSOEVER FOR YOUR USE OF ANY INFORMATION, MATERIALS OR SERVICES PROVIDED BY THE COMPANY. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, CVC IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGE FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER OR NOT REASONABLY FORESEEABLE AND EVEN IF CVC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, ARISING UNDER STATUTE OR OTHERWISE. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CVC AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CVC SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
This CVC operates from its offices in India and is subject to the laws of the India. You agree to submit to the non-exclusive jurisdiction of the courts of India in relation to any dispute relating to this Agreement. CVC makes no representation that materials provided are appropriate or available for use outside India, and access to them from territories where there contents are illegal is prohibited.
If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in force.
CVC reserves the right to revise, amend or modify our TERMS policy at any time and in any manner it pleases.
Responsibility rests with the company operating Agent- (hereinafter referred to as the Company ) whose name in full appears below and in its tour pamphlets. Clients joining us and taking membership shall conclude an Agent-Organized Tour Contract (hereinafter referred to as the Travel Contract) with the Company .
The Company shall provide tour arrangements which include Holiday Packages and itinerary management so that the client receives tour services & Health Vouchers & Gift cards set by the Company.
The content and conditions of the contract shall conform to those specified for each tour itinerary, conditions as specified hereunder, the final itinerary handed to clients before departure (hereinafter referred to as the "Final Tour Itinerary"), and Agent-Organized Tours as described in the Company's general terms and conditions as based on the Travel Agency Law (hereinafter referred to as "General Terms and Conditions of Agent Organized Tours").
The client shall provide information on the Company application form as required by the Company and submit the form together with the necessary reservation deposit. Paid deposit shall be applied to the tour fare, cancellation charges or penalties.
The Company may accept applications for travel contracts by telephone, mail, facsimile and other means of communication.
The Travel Contract shall become valid upon the Company's consent to the conclusion of the contract and receipt of the reservation deposit. If tour arrangements are made by phone, the Tour Contract shall become valid upon the Company's acceptance of the tour deposit. When clients request tour arrangements by mail, facsimile or other communication methods, the tour contract shall become valid upon payment of the Tour Deposit and the Company's notification of acceptance of the tour contract. The contract for any tour request by any communication including telephone, mail, facsimile or other shall become valid.
When applying for group tour arrangements (more than 2 people), the tour contract including conclusion and cancellation of the contract shall be exchanged between the Company and the group representative.
The group representative responsible for the contract shall provide the Company with the name list of members by the date specified by The Company .
The Company shall not be responsible for any responsibilities or obligations the group representative holds in the past or in the future.
In case the group representative does not accompany the group, we shall consider one of the members who have been selected by the representative as the group representative who is responsible for the contract after tour starting day.
If the tour contract cannot be finalized due to full occupancy in seats or rooms or other reasons at booking, the Company may ask the client to wait until the specified date with his/her consent.
(This booking status shall be referred as " waiting" hereinafter.) In this case, the client shall be registered as "waiting client" and the Company shall make an effort to make it bookable. Even in this case, the Company shall charge the client the reservation deposit ( "Waiting" does not guarantee confirmation of booking). However, if the client requests the Company to release the waiting, or if the booking is not confirmed until the specified day, the Company shall return a full of the reservation deposit.
The client shall notify the Company when submitting application if requiring special consideration during the tour period, the Company shall comply with such requests when feasible.
After the client has entered into a Tour Contract with the Company as, the brochures and the tour conditions listed herein shall be included in the Travel Contract.
Unless specified in the Travel Contract, The Company shall submit a written tour contract stating tour itinerary, details of the services, other tour conditions and the Company responsibility to the clients, no later that one day prior to tour departure date. Irrespective of the above, when application for the Agent-Organized Tour is made on or after 7 days prior to the eve of tour departure, the Final Tour Itinerary shall be presented to the client by the departure date.
The Tour Fare shall be paid no later than the 45 days prior to taking membership .. Even when the client and the Company do not enter into the correspondence contract, if the client is a member of the Company's affiliated credit company and consents to pay for the itinerary by credit card. In the absence of any request from the client, the card will be charged on the date the client accepts the itinerary.
The following may eventually include items unrelated to the tours you choose. Please note that the items included in the tour fare are only those as specified in the itinerary. In principle, the Company will not make refunds for the below fare even if clients choose not to use the relevant services.
Hotel Rooms Rooms with private bath on a twin room basis (two-in-a-room) at the hotels specified in each itinerary. A client traveling alone is requested to book a single room for tours including accommodations. For single room occupancy by choice or circumstances, extra charges will be required as shown in the respective column in each itinerary. Triple room may be provided as a twin room with one extra bed added. Meals Only the meals specified in each itinerary
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 to upgrade airline classes Other additional charges as specified in pamphlets and other material.
The Company may, after conclusion of the Travel Contract, 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 the Company's control. The Company 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, the Company 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.
The Company may revise its schedule of fees in accordance with increases or reductions of transport fares and/or charges for Agent-Organized Tour owing to unusual or unforeseen economic developments. In such cases, the Company shall notify the client no later than the 15th day prior to the eve of departure.
The Company may, revise the tour fare accordingly, except when substitutions are required because of a shortage of such facilities, as transport seats, hotel rooms, etc.
In the event travel costs decrease, the Company shall reduce the tour fare accordingly.
If the Company specifies that tour fares are dependent on the number of participants and there is a change in the number of the participants due to reasons beyond the Company's control, the Company shall change the tour fare within the allowable range specified in the tour contract.
A client who has entered into a Travel Contract may, with the Company's 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 by the Company and submit it together with the specified handling fee.
Cancellation of Travel Contract by the Client NOT AFTER 15 DAYS FROM THE DATE OF MAKING PAYMENT FOR THE MEMBERSHIP
The client is at all times entitled to cancel the Travel Contract, but must pay the Company a cancellation charge
If the client changes the departure day or any transportation, accommodations, tours, tour participants for his or her convenience, the Company shall consider it the cancellation of the entire tour and the specified cancellation charges will be levied on the client.
The Company shall accept the cancellation requests during the office hours of the office where the client originally requested the tour.
In any of the following cases, the client may cancel the Travel Contract without paying a cancellation charge.
When the contents of the Travel Contract have been substantially revised. However, changes shall be limited to the cases listed in the left side of the table in Article 22 and other important circumstances.
In cases where natural calamity or disaster, weather conditions, civil unrest, suspension of services related to transportation, accommodation and other facilities, governmental orders, or other causes make safe, smooth tour operation impossible, or when there is a valid reason to believe the tour cannot continue.
When the Company has not delivered the Final Tour Itinerary to the client by the prescribed date.
When tour operation becomes impossible owing to factors for which the Company is liable.
The Company shall refund the remaining amount of the received tour fare (deposit) after deducting cancellation charges. If the tour deposit is not enough to cover the cancellation charge, the Company shall charge the difference separately. When the tour contract is cancelled due to the reasons specified in Clause 4, the Company shall make the full refund of the received tour fare (deposit).
If the client has not paid the tour fare by the prescribed date, the Company may cancel the Travel Contract. In such cases, the clients shall pay the Company the applicable cancellation charge.
In any of the following cases, the Company may cancel the Travel Contract.
When it becomes evident that the client does not satisfy the gender, age, qualification, skill or other requirements specified by the Company 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 minimum number of participants as stipulated by the Company in the Travel Contract has not been met.
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.
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 the Company's 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 client demands things that are beyond the reasonable scope of the details in the contract.
Even after the correspondence contract has been concluded, if the Company cannot receive the amount specified for the tour fare due to invalidity of the client's credit card or in accordance with the credit company's agreement.
When the Company 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 the Company 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.
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. The following applies to cancellations of the tour spaces:
(1) If notice of cancellation is received by the Company 15 or more days prior to the date of taking membership No Charge(only Kit charges + the service charges shall be applicable)
(2) If notice of cancellation is received by the Company after 15 days no amount shall be paid by the company and the amount paid shall be forefeited
If a client fails to pay the tour fare by the designated date, the Company 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.
If the Company cancels the Travel Contract 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 the Company has paid, (or will pay) expenses, cancellation charge, penalty, or etc., the Company will refund only the balance thereof.
The Company shall not be liable for damages incurred by clients if any of the following reasons apply:
Natural disaster, war, civil unrest, and alteration or cancellation of tour itinerary due to such causes.
Accidents during transportation or accommodations, damage by fire.
Cessation of services related to transportation or accommodation facilities, 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.
The Company shall require the client to indemnify the Company for losses sustained owing to a client's willful negligence, fault, conduct against public order and good manners, or breach of provisions in the Company's Organized Tour Contract.
The client is required to make every effort to utilize information acquired from the Company 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 the Company or Arrangement Agents for the Company or Tour Service Providers immediately. (Only if you take a base package)
The Company may take necessary measures if a client needs treatment during the duration of the tour due to illness, injuries, etc. In the case the Company 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 the Company.
If the client loses the travel coupons provided by the Company, 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.
The Company 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.
Even if major changes occur in Tour Contract contents, as stated in the left-hand column of the following table, the Company 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.
When the situation warrants, the Company shall indemnify the client by offering economic benefits equivalent to compensation money, or damage indemnification instead of cash payment, if the client so agrees.
The Company shall not provide compensation when the order in which tour services are provided change from those originally stipulated when all services are provided during the tour.
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.)
A contract shall be based on "travel business-related stipulations that are used for conclusion of a travel contract by Correspondence means contract."
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.
A "card usage date" shall be the day of payment or repayment of travel charge, etc. The card usage date for travel charges shall be the "date when a contract is concluded." The card usage date for cancellations fees shall be "the day cancellation of a contract is requested (when a request for cancellation is made on or after the card usage date for travel charges, repayment shall be made within seven days from the day after the request."
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.
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. For information regarding domestic travel insurance, please consult the sales staff of the shop at which you applied to the tour.
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 o 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 the Company or its local tour operators.
Other matters are subject to the Company's Travel Contracts, including related tour documents presented separately.
Under no circumstances shall the Company re-conduct a tour.
By joining the Company or one of its related entities' agent-organized tours, a customer may be eligible for mileage service provided by airlines. For inquiries regarding or registration for such services, the customer shall directly contact the corresponding airline. Furthermore, changes in airline shall not apply to liabilities.