Cancellation by H Sample Clauses
Cancellation by H. I.S. and reimbursement
A. Even after starting the travel, if any of the following items applies, H.I.S. may cancel the Travel Contract, either in whole or in part, after providing explanation to the customer in advance.
a. If it is recognized that the customer is unable to continue the travel, due to disease, non-existence of necessary caretaker or any other reason;
b. If the customer fails to follow the directions of a tour conductor, local personnel or other persons that are given in order to secure safe and smooth implementation of the travel, or if the customer breaches discipline in group activities or disturbs the safe and smooth implementation of the travel, through violent behavior or threat against a tour conductor, local personnel, other persons or other travelers; or
c. If natural disaster, war, riot, suspension of service of transportation or accommodation facilities, etc., order of government authority or any event that is beyond the control of H.I.S. occurs and continuance of the travel becomes impossible.
d. If it is discovered that any of item (11) to (13) of Section 5 is applicable to the customer.
B. Effect of cancellation and reimbursement In the event the Travel Contract is cancelled by either the customer or H.I.S. due to any reason set out in paragraph (2) (ii) A. of this Section, if there is any expense, including, but not limited to, cancellation fee, or penalty charge, already paid or payable to a travel service provider, whose travel service is not provided because of the cancellation, such expense will be borne by the customer. In this case, H.I.S. will reimburse to the customer the portion of the travel fee relevant to the travel service that is not provided, after deducting the cancellation fee, penalty charge or other items paid or payable thereafter by H.I.S. to the travel service provider.
C. If H.I.S. cancels the Travel Contract under a or c of paragraph (2) (ii) A. of this Section, H.I.S. will, upon request of the customer, make arrangements necessary for the customer to return to the starting point, at the expense of the customer.
D. If H.I.S. cancels the Travel Contract under the provision of paragraph (2) (ii) A., the contractual relationship between H.I.S. and the customer will cease to exist from that time forward and will not have retroactive effect. Therefore, it will be deemed that H.I.S. has effectively performed its obligation for Travel Services already provided to the customer.
