Article 1. – Purpose
01.01 The purpose of this Cancellation Policy is to set forth the cancellation of the contract which is based on Harajuku Kawaii Tour Contract, or other necessary matters.
Article 2. – Definition
02.01 In this Cancellation Policy, the “Contract”, the “Date Card Used”, the “Force Majeure”, and the “Contract E-mail” shall refer the same meaning of each which are set force in Article 1, Article 2, and Article 9 of the Harajuku Kawaii Tour Contract.
02.02 In this Cancellation Policy, the Tour Guide Services shall refer the same meaning of being set force in Article 3 of the Harajuku Kawaii Tour Contract.
Article 3. – The Participant’s rights in canceling the Contract
03.01. The Participant may, at any time, cancel the Contract by paying to us the cancellation fee as specified in Schedule I. In cases where said Participant wishes to cancel the Communication Contract, we shall accept and process payment of the cancellation fee by using the card of our Affiliated Company without obtaining said Participant’s signature on the designated voucher.
| Classification | Cancellation Fee |
|---|---|
| (a) In cases where the Contract is cancelled between 10 days and 8 days prior to the starting day of the Tour Guide Service. | Up to 20% of the Price |
| (b) In cases where the Contract is cancelled between 7 days and the day before prior to the starting day of the Tour Guide Service. | Up to 30% of the Price |
| (c) In cases where the Contract is cancelled on the day before the starting day of the Tour Guide Service. | Up to 40% of the Price |
| (d) In cases where the Contract is cancelled on the starting day of the Tour Guide Service (except in the following case (e)). | Up to 50% of the Price |
| (e) In cases where the Contract is cancelled after the Tour Escorts, our employee or agent have finished accepting according to the date of the Tour Guide Service or the Traveler does not participate therein without notice (no show). | Up to 100% of the Price |
03.02. The Participant may cancel the Contract, in the following instances without having to pay the cancellation fee before the start of the Tour Guide Service, notwithstanding the provision of preceding Paragraph 03.01.
(1) In cases where the Contract Contents are changed by us. This is, however, limited only to those cases resulting from such changes as those listed in the Contract E-nail and other important changes.
(2) In cases where Force Majeure arise due to reasons beyond our control, including, but not limited to affect the safe and smooth implementation of the Tour Guide Service, or that have increased the potential of disabling the tour to an extreme extent.
(3) In cases where the implementation of the Tour Guide Service is prevented/precluded as scheduled according to the itinerary described in the Contract E-mail, as a result of causes attributed to us.
03.03. When the Participant is unable to receive the Tour Guide Service as described in the Contract E-mail after the start of the Tour Guide Service, due to causes not attributed to him/her, or when we inform him/her to this effect, said Participant may cancel the Contract for that portion of the Tour Guide Service which he/she is unable to receive, without paying the cancellation fee, notwithstanding the provision of 03.01.
03.04. In the case of preceding Paragraph 03.03, we shall refund to the Participant: the portion of the Price as represented by the portion of the Tour Guide Service which has become unavailable. However, when the afore-mentioned case is not due to causes attributed to us; we shall refund to said Participant: the afore-mentioned amount, after deduction of the cancellation fee, and after the application of any penalties and/or other amounts already paid, or related to expenses payable from such a time, for said Tour Guide Service.
Article 4. – Our Right to Cancel the Contract – Cancellation before the Start of the Tour Guide Service
04.01. We reserve the right to cancel the Contract before the start of the Tour Guide Service by explaining to the Participant about the reason for the cancellation, in the following instances.
(1) In cases where it becomes known that the Participant does not meet the conditions required of Tour participants, such as age, sex, qualifications, skills, etc., as specified by us beforehand.
(2) In cases where the Participant is considered unable to participate in said Tour Guide Service due to illness, the absence of a necessary aide/helper and/or other such causes.
(3) In cases where the Participant is likely to create a nuisance for other Participants and/or hinder smooth implementation of the Tour Guide Service as a group.
(4) In cases where the Participant requests extra burden in regards of the contents of the Contract beyond a reasonable extent.
(5) In cases where the number of Participants participating in the Tour Guide Service does not reach the minimum number of participants therefor as specified in the Contract E-mail.
(6) In cases where unusual and unforeseen circumstances arise due to reasons beyond our control, including, but not limited to Force Majeure, and other such circumstances that affect the safe and smooth implementation of the Tour Guide as scheduled according to the itinerary described in the Contract E-mail, or that have increased the potential of disabling the tour to an extreme extent.
(7) In cases where the Participant is unable to settle in whole or in part, the liability related to his or her Price, etc. as stipulated in the card membership rules of the Affiliated Company. Such reasons may be due to, but not limited to, the credit card as held by the Participant in question, being invalid.
(8) In cases where it turned out that the Participant fell within any of Article7, Items 5 to 7 in the Contract.
Article 5. – Our Right to Cancel the contract – Cancellation after the beginning of the Tour Guide Service
05.01. We reserve the right to cancel part of the Contract, in the following instances, even after the start of the Tour Guide Service, by explaining to the Participant about the reason for the cancellation.
(1) In cases where the Participant is considered unable to continue said Tour Guide Service due to the absence of a necessary aide/helper and/or other such causes.
(2) In cases where the Participant infringes on the safe and smooth implementation of said Tour Guide Service by not following instructions as given by our Tour Escort and/or other staff for the safe and/or smooth implementation of the Tour Guide Service, or by disrupting the disciplinary order of group activities by physically assaulting and/or threatening said staff or other Participants.
(3) In cases where it turned out that the Participant fell within any of Article7, Items 5 to 7 in the Contract.
(4) In cases where unusual and unforeseen circumstances arise due to reasons beyond our control, including, but not limited to Force Majeure, and other such circumstances that affect the safe and smooth implementation of the Tour Guide Service.
05.02. In cases where we cancel the Contract under the provision of preceding Paragraph 05.01, the contractual relationship between our Company and the Participant shall cease to exist from this point forth. In such a case, it shall be deemed that our liability related to the Tour Guide Service already provided to the Participant has effectively been redeemed.
05.03. In the case of preceding Paragraph 05.02, we shall refund to said Participant: the afore-mentioned amount, after deduction of the cancellation fee, and after the application of any penalties and/or other amounts already paid, or related to expenses still payable from such a time, for said Tour Guide Service, from the remaining amount for the portion of said Tour Guide Service which has yet to be offered to the Participant.
Article 6. – Refund of Tour Price
06.01. In cases where a refund becomes due to the Participant, we shall pay such refund to him/her according to the card membership rules of the Affiliated Company. Such refunds shall be made within 7 days reckoned from the day immediately following the date of cancellation, in cases where the refund is due to cancellation prior to the start of the Tour Guide Service. Otherwise, refunds shall be made within 30 days reckoned from the day immediately following the last day of the Tour Guide Service as stated in the Contract E-mail, in cases where said refund is due to a reduction of the Price, or if cancellation takes place after the start of the Tour Guide Service. The day upon which we notify the Participant shall be considered as the date of using the card.
06.02. Provisions of preceding Paragraph 06.02, shall not prevent the Participant or our Company from exercising the right to claim compensation for damages suffered under provisions of Articles 20 or 22.01 in the Contract.