INDEX

Introduction

Section A – Applicable to all bookings

Section B – Only applicable to Package Holiday bookings

Section C – Only applicable to single service bookings where we act as Principal

Section D – Only applicable to agency bookings

INTRODUCTION

These terms and conditions with regard to your booking (“Booking Conditions”), together with our privacy policy and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with H.I.S. Travel Nederland B.V., of Arent Janszoon Ernststr 595-E (1082 LD), Amsterdam, the Netherlands, trading as H.I.S. Travel and No1 Japan Travel (“H.I.S. Travel”, “we” or “us”). Please read them carefully as they set out our respective rights and obligations.

In these Booking Conditions, references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

By making a booking, you agree on behalf of all persons detailed on the booking that you have read these Booking Conditions, and agree to be bound by them; you consent to our use of personal data in accordance with our Privacy Policy and confirm you are authorised on behalf of all persons named on the booking to disclose their personal details to us, including, where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements); you are over 18 years of age, or have the permission of a parent or guardian to make a booking, and, where placing an order for services with age restrictions, declare that you and all members of the travel party are of the appropriate age to purchase those services; you accept financial responsibility for payment of the booking on behalf of all persons details on the booking.

Many of the services which are part of your holiday are provided by independent third parties which provide services in the field of travel (“Service Provider(s)”).

H.I.S. Travel acts in the following capacities:

• as a “Package Organiser” in the sale of a Package within the definition of the Package Travel and Linked Travel Arrangements EU Directive 2015/2302, implemented in the United Kingdom in the Package Travel and Linked Travel Arrangements 2018, and implemented in the Netherlands in the Dutch Civil Code Book 7 (Title 7a);

• as a principal in a ‘single service’ booking (i.e. accommodation or flight only bookings); and

• as an agent for any Service Providers of your holiday products.

We have therefore divided our various obligations per capacity into four different sections:

1. Section A: the terms which apply to all bookings;

2. Section B: the terms which apply to package holidays where we are act as the Package Organiser;

3. Section C: the terms which apply to single service bookings where we act as a principal; or

4. Section D: the terms which apply to bookings sold by Service Providers where we act as a booking agent.

SECTION A - APPLICABLE TO ALL BOOKINGS

A1. Booking

When you make your booking, you must (i) complete the relevant booking form, (ii) accept on behalf of the entire travel party these Booking Conditions, and (iii) pay the relevant deposit as specified at the time of booking (or full payment by the balance due date notified to you or if you are otherwise booking within 10 weeks of departure).

The booking is definitive after you have paid the deposit or other relevant fee and we issue you with a booking confirmation, either directly from ourselves or on behalf of a Service Provider (in case we act in an agency capacity (see Section C for further details)).

If you believe that any details on the confirmation receipt (or any other document) are wrong, you must advise us immediately and it may harm your rights if we are not notified of any inaccuracy in any document within 10 days of our sending it out.

A2. Conditions of Service Providers

Service Providers provide their services in accordance with their own terms and conditions, which will form part of your contract with us. Some of these terms and conditions may limit or exclude the Service Provider’s liability to you. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the applicable Service Providers. The additional terms may not affect your rights under the law or these Bookings Conditions.

A3. Pre-contractual information

We provided you with the information required by law and the main characteristics of the travel services prior to the conclusion of the booking. We shall not be liable for general information in photos, leaflets, advertisements, websites and other information carriers, if these have been provided by third parties. In case flights are part of the booking, we will inform you on the Service Provider providing such services. The final departure and arrival times for transport components shall be stated in the travel documents.

Although we provide you with general information on the destination, you remain responsible for obtaining additional information on passports, visa requirements etc. from the relevant (local) authorities (at the time of the booking as well as departure).

A4. Accuracy

We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate for all products promoted. However occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.

A5. Insurance

Adequate travel insurance is a condition of your contract with either us or the Service Provider, as applicable. You must organise your own insurance and shall provide us, or the Service Provider, with proof thereof, if requested. If you fail to travel with adequate insurance cover we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

A6. Events Beyond Our Control

Except where otherwise expressly stated in these Booking Conditions, we (or the Service Provider) will not be liable or pay you compensation if our contractual obligations to you are affected by “Events Beyond Our Control”. For the purpose of these Booking Conditions, this means any event beyond our or a Service Provider control, the consequences of which could not have been avoided, even if all reasonable measures had been taken. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, significant risks to human health, such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, unavoidable technical problems with transport and all similar events outside our or a Service Provider concerned control.

A7. Jurisdiction and applicable law

These Booking Conditions and any agreement to which they apply are governed in all respects by Dutch law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your booking will be dealt with by the courts in Amsterdam only.

A8. Cutting your trip short

If you are forced to return home early, neither us nor the Service Provider can refund the cost of any services you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

A9. Special Requests

Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation receipt or any other documentation or that it has been passed on to the Service Provider is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.

A10. Complaints

We (or the Service Provider) make every effort to ensure that the arrangements you book through run smoothly. However, if you do have a problem during your holiday, please inform the relevant Service Provider (e.g. your hotelier) and representative (where applicable) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us via our contact form or customer service, or the Service Provider via its complaint contact details, as soon as possible. Failure to do so will affect ours and/or the Service Provider’s ability to investigate your complaint, and will affect your rights.

If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us (where we are acting as Package Organiser in the sale of a Package, or principal in the sale of a single service) at our postal address of H.I.S. Travel Nederland B.V., of Arent Janszoon Ernststr 595-E (1082 LD), Amsterdam, the Netherlands within 28 days of the end of your stay, or after the original date of departure if your holiday has not taken place, giving your booking reference and all other relevant information. We shall respond to you no later than one month after receipt of the complaint. In event that you do not submit the complaint in a timely manner, it will not be processed and you may lose any right to compensation (in whole or in part), unless you cannot reasonably be blamed for this. Where we are acting as agent for a Service Provider, all assistance given in relation to resolving your complaint will be on a goodwill basis in our capacity as agent.

A11. Your Behaviour

All customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion, the opinion of the Service, or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your travel party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately. Where we are acting as agent we will do so with the authority of the Service Provider.

In the event of such termination all liability to you and/or your travel party will cease and you and/or your travel party will be required to leave your accommodation or other service immediately. Neither we, nor the Service Provider will have no further obligations to you and/or your travel party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your travel party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your travel party jointly and individually liable for any damage or losses caused by you or any member of your travel party.

Full payment for any such damage or losses must be paid directly to the applicable Service Provider prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. Neither we nor the Service Provider can be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

A12. Passport, Visa and Immigration Requirements and Health Formalities

It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure. Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. We recommend to obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to do so.

A13. Foreign Office Advice

You are responsible for making yourself aware of the Ministry of Foreign Affairs’ advice and warnings in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Ministry of Foreign Affairs to avoid or leave a particular country may constitute Events Beyond Our Control (see clause A6).

SECTION B: PACKAGE HOLIDAY BOOKINGS

This section only applies to Package holidays booked with us, where we are acting as the Package Organiser (see clause B1 for further details of when this will be the case). Please read this section in conjunction with Section A of these Booking Conditions.

B1. Definition of Package:

Where your booking is for a Package holiday that we have organised, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements EU Directive 2015/2302, implemented in the United Kingdom in the Package Travel and Linked Travel Arrangements 2018, and implemented in the Netherlands in the Dutch Civil Code Book 7 (Title 7a), as outlined in this Section B of these Booking Conditions.

A “Package” exists if you book a combination of at least two different types of the following separate travel services, for the purpose of the same trip or holiday:

1. transport; or

2. accommodation; or

3. rental of cars, motor vehicles or motorcycles (in certain circumstances); and

4. any other tourist service not intrinsically part of one of the above travel services,

provided that (a) those travel services are purchased together from a single visit to our website and selected by you before you agree to pay; or (b) those travel services are:

1. purchased from a single point of sale and those services have been selected before you agree to pay,

2. offered, sold or charged at an inclusive or total price,

3. advertised or sold under the term ‘package’ or under a similar term,

4. combined after the conclusion of a contract by which a trader entitles the traveller to choose among a selection of different types of travel services, or

5. purchased from separate traders through linked online booking processes where your name, payment details and e-mail address are transmitted from the trader with whom the first contract is concluded to another trader or traders and a contract with the latter trader or traders is concluded at the latest 24 hours after the confirmation of the booking of the first travel service.

Important note: where you made a booking which consists of not more than one type of travel service as listed at (a) – (c) above under the definition of ‘Package’, combined with one of more tourist services as listed at (d) above, this will not create a Package where the tourist services:

• do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or

• are selected and purchased after the performance of the transport, accommodation or car rental has started.

These bookings will be treated as “single service” bookings. Please see Section C of these Booking Conditions.

We occasionally sell Packages that are not organised by ourselves but by a Service Provider, which we sell as agent on the Service Provider’s behalf. We will advise you where this is the case prior to you placing your booking. For such sales, this Section B will not apply, please refer to Section D instead.

Please find more information on package holidays and your key rights here in Annex 1 of the Directive 2015/2302 at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32015L2302.

B2. Your (information) obligations

As part of the booking process, you shall provide all information regarding yourself and the other travellers for which you book a holiday (and to whom the Booking Conditions shall apply) that are or could be of relevance in the performance of the agreement. As part of such information, you shall indicate any details regarding your physical and mental condition and regarding the capacity or composition of the group of travellers you have booked a holiday for.

You are entitled to request changes of the holiday for medical or other reasons. We shall use our best endeavours to facilitate such requests but we are in not obliged to do so. Any reasonable costs related to such changes shall be communicated upfront and shall be charged to you.

If you fail to comply with your obligations to provide information, it may result in us, or someone on our behalf excluding the relevant traveller(s) from (further) participation in the holiday. In such case, all associated costs shall be charged to you.

B3. Pricing

When you make your booking you must pay a non-refundable deposit of €150,- per person, or the full price if within 10 weeks of departure or when booking a special offer. The balance of the price of your travel arrangements must be paid at least 10 weeks before your departure date. If the deposit and/or balance is not paid in time, you will be in default by operation of law. If you are in default, a payment demand will be sent by us, or on behalf of us, in which a period of 14 days will be given to fulfil your payment obligations. If you have not paid upon expiry of such period, the travel arrangements shall be deemed to have been terminated (by you). We will deduct the termination fee from the amounts already paid. If the departure date is within these 14 days, you must pay the remaining part of the trip price at the latest 24 hours before the departure date.

In all cases where you are entitled to a refund (or price reduction) of payments already made by you, we shall do so without delay, but in any case, within 14 days after the right to a refund has arisen.

We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. Up to 20 days before your departure, we reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes: in (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources; (ii) the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes and (iii) the exchange rates relevant the package; such variations could include but are not limited to airline costs changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers. You are entitled to a price reduction less the administrative costs actually incurred if, for the same reasons, the costs as described in this clause decrease. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that, plus an administration charge of €1,- per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 8% of the price of your confirmed travel arrangements(excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us. If you accept the alternative offer, you are entitled to an appropriate price reduction. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice.

There will be no changes made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.

B4. Transfer of Booking by you and Changes by you

If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change.

Where we can meet a request, all changes will be subject to payment of an administration fee of €50 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our Service Providers in making this change. We shall communicate all reasonable costs related to such changes upfront. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you (see clause B6).

If any member of your travel party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements) providing we are notified not less than 7 days before departure and you pay an amendment fee of €50,- per person transferring, as well as any additional costs and charges incurred by us and/or incurred or imposed by any of our Service Providers, and the transferee agrees to these Booking Conditions and all other terms of the contract between us. You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, no refunds will be given for passengers not travelling or for unused services.

Important Note: Certain arrangements may not be amended or transferred after they have been confirmed (for example, scheduled airlines normally regard name changes as a cancellation and rebooking) and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

B5. Confirmation

The Package holiday agreement is concluded as a result of your acceptance of our offer, including the terms and conditions declared applicable, including the Booking Conditions and receipt of the statutory information. Upon or immediately after conclusion of the agreement, you will receive a confirmation, and/or an invoice.

In the case of a Package holiday agreement concluded by telephone, you are only bound by the agreement after we have confirmed the Package holiday in writing (including by email). If you make a (down) payment, it will serve as proof that you have accepted our offer.

B6. If you Cancel

If you or any other member of your travel party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices or by email. Since we incur costs in cancelling your arrangements, you are obliged to compensate us for the loss we suffer.

Unless stated otherwise in these Booking Conditions and the applicable refund policies from the relevant Service Providers, the percentages agreed below (fixed loss) are based on the time of cancellation, any expected cost savings and income we obtain from still selling the cancelled Package holiday, in addition to any reservation costs due, shall apply. In case of cancellation:

If the Package holiday is composed of different elements to which different cancellation provisions apply, the specific provisions of the Service Provider of such element shall apply. At the time of booking at the latest, we shall communicate whether specific cancellation provisions apply to certain elements of the Package holiday.

If a traveller from a travel party cancels his share of the Package holiday agreement for a joint stay in an accommodation, termination costs shall be due. If the size of the remaining group appears in the price table for this accommodation, we shall make a proposal for an amendment to the remaining traveller(s) for the same period and in the same accommodation, appropriate to the new group size. For the traveller(s) referred to above, the Package holiday price shall change in accordance with the price table. The regular payment rules shall apply to payment of the modified Package holiday price. If the modified offer is not possible or if the travellers do not accept it, the Package holiday agreement for all travellers shall be terminated and all travellers shall be charged a termination fee.

For the purpose of this clause B6, the Package holiday price is defined as the total trip price, excluding reservation costs and insurance premiums, which are non-refundable.

Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies you have already paid to us.

Cancellation by You due to Unavoidable & Extraordinary Circumstances:

You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Ministry of Foreign Affairs advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.

B7. If We Change or Cancel Your Package Holiday

Changes

It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date.

Examples of “significant changes” include the following when made before departure; a change of accommodation area for the whole or a significant part of your time away, a change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away, a change of outward departure time or overall length of your arrangements of twelve or more hours, a significant change to your itinerary, missing out one or more destination entirely. Examples of “minor changes” include the following when made before departure: any change in the advertised identity of the carrier(s), flight timings, and/or aircraft type; a change of outward departure time or overall length of your holiday of twelve hours or less, or a change of accommodation to another of the same standard or classification.

If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of i) (for major changes) accepting the changed arrangements ii) having a refund of all monies paid or iii) accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again we will assume that you have chosen to accept the change or alternative booking arrangements. For a Package holiday commencing within 14 days after our notice of the significant change, you must inform us of your decision without delay and in any case within 48 hours. If you fail to communicate your decision within the set period, you will be deemed to have accepted the changes.

In case of a ‘minor change’, we are entitled to change the travel agreement for the Package holiday. We will inform you in a clear, understandable and prominent manner and in good time about a minor change. You may not reject this minor change.

If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction. You are entitled to reject the proposed alternatives if they are not comparable with what has been agreed in the package agreement. If the alternative offered is of lower quality, you may reject it if the price reduction offered is insufficient. In assessing the alternative or the price reduction offered, objective criteria should be considered, such as (i) the location of the accommodation at the destination, (ii) the nature and class of the accommodation, (iii) any other facilities the accommodation offers, (iv) the composition of the group of travellers and (v) the characteristics of the traveller(s) known to and confirmed by us, including the personal circumstances reported by the traveller and accepted and recorded by us.

Cancellation

We also reserve the right in any circumstances to cancel your Package holiday. For example, if the minimum number of clients required for a particular travel Package holiday, which number we made known prior to the booking, is not reached, or failure by you to pay the final balance, we may have to cancel it. We shall inform you of this at the latest:

• 20 days prior to departure for travel packages of more than 6 days

• 7 days prior to departure for travel packages of 2 to 6 days

• 48 hours prior to departure for travel packages of less than 2 days

In case we have to cancel the Package holiday because of reasons of Events Beyond Our Control, we shall inform you without undue delay before the start of the Package holiday.

Compensation in case of a change of cancellation

In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, if we make a significant change and if you do not accept the changed arrangements and cancel your booking, or if we cancel your booking and no alternative arrangements are available and/or we do not offer one. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

We will not pay you compensation in the following circumstances:

1. where we make a minor change;

2. where we make a major change or cancel more than 60 days before departure;

3. where we make a significant change and you accept those changed arrangements or you accept an offer of alternative arrangements;

4. where we have to cancel your arrangements as a result of your failure to make full payment on time;

5. where the change or cancellation by us arises out of alterations to the confirmed booking requested by you; or

6. where we are forced to make a change or cancel as a result of Events Beyond Our Control (see clause A6)

B8. Our Responsibilities to you in respect of Package holidays

(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements EU Directive 2015/2302, implemented in the United Kingdom in the Package Travel and Linked Travel Arrangements 2018, and implemented in the Netherlands in the Dutch Civil Code Book 7 (Title 7a), as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice.

Subject to the Booking Conditions, you may remedy lack of conformity with the package agreement, and you are entitled to be reimbursed for necessary expenses incurred related thereto, if (i) you have informed us following the complaints procedure as described in these Booking Conditions, and we have (a) indicated that we are unable to remedy such lack of conformity, or (b) not remedied the lack of conformity within a reasonable period set by you, or (ii) immediate remedy is required. Please note that it is your responsibility to show that we have been negligent if you wish to make a claim against us.

In case a lack of conformity has significant consequences for the performance of the agreement and we have not remedied it within a reasonable period, you may terminate the agreement free of charge. In such case, you are entitled to compensation and/or a price reduction, without prejudice to your right - if transport is included in the Package - to repatriation free of charge with an equivalent transport service.

(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

1. the act(s) and/or omission(s) of the person(s) affected;

2. the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or

3. Events Beyond Our Control (see clause A6).

(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:

1. loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is €25 per person in total;

2. Claims not falling under 3(a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your travel party has not received any benefit at all from your booking.

3. Where a service covered by the Package agreement is subject to a treaty or an EU Regulation, we may invoke an exclusion or limitation of liability granted or allowed to a service provider as such under that treaty or Regulation. In the event of cumulation of compensation or price reduction within the meaning of this article, the organiser may offset the compensation against each other.

(4) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our Service Provider(s) strictly in accordance with the complaints procedure set out in these conditions.

(5)Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

(6) We do not accept any liability for any damage, loss or expense or other sum(s) of any description:

1. which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you;

2. relate to any business;

3. indirect or consequential loss of any kind.

(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised by us. For example, any travel service which is not included in your package.

(8) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three night per person. Please note that the three nightcap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

B9. Financial security for Package holidays

The Package Travel and Linked Travel Arrangements EU Directive 2015/2302 require us to provide security for the monies that you pay for the Package Holidays booked and for your repatriation in the event of our solvency. Therefore, if we are no longer able to meet our obligations due to financial insolvency, performance of a Package Holiday by another party, or a refund of the travel sum, or if the Package Holiday has already been partially enjoyed, a proportional part thereof, shall be guaranteed.

We shall provide full financial protection for our Package Holidays which don’t include flights, by joining the guarantee fund Stichting Garantiefonds Reisgelden (SGR).

If the Package Holiday includes passenger transport, this warranty also covers your repatriation. The guarantee shall in any case cover the reasonably foreseeable costs, including the financing of accommodation pending possible repatriation and the travel sum already paid in full or in part (in advance), in accordance with the guarantee conditions of the SGR which can be found on the website www.sgr.nl/english.

Since 1 February 2021, every traveler is obliged to pay a contribution of €5,00 per person per booking to the guarantee fund of SGR in order to be able to guarantee financial security by the SGR. We will process these costs in the price of the Package Holiday, or state the contribution separately on the invoice and/or booking confirmation, and then transfer this contribution to the SGR.

B10. Delays, Missed Transport Arrangements and other Travel Information

If you or any member of your travel party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport Service Provider concerned immediately.

Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be published at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Human Environment and Transport Inspectorate at https://english.ilent.nl/contact. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.

We cannot accept liability for any delay which is due to any of the reasons set out in A4 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).

The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately upon receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.

Please note the existence of a “Community list” (available for inspection at https://ec.europa.eu/transport/modes/air/safety/air-ban_en) detailing air carriers that are subject to an operating ban with the EU Community.

This website is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.

B11. Prompt Assistance If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or subcontractors, we will not be liable for any costs of any alternative travel arrangements or other such assistance you require. Any Service Provider may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. In the event that the difficulties are attributable to your intent or negligence, the costs incurred by us shall be charged to you. These costs shall not exceed the costs actually incurred by us and any third parties it has engaged.

B12. Disabilities and Medical Problems

We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your travel party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in the tour. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

SECTION C:

This section only applies to all single service bookings, i.e. accommodation only, we make for you when acting as a principal. Please read this in conjunction with Section A of these Booking Conditions.

C1. Pricing

Price increases may occur any time prior to departure you will be liable to pay any such increases in full. If, before you book, we know of circumstances that may cause an increase in the price of your booking after you have paid, we will endeavour to provide details to you.

C2. Changes and Cancellations by you

If you wish to change your booking in any way, you should send us your change request by email. We will endeavour to make these changes if they are possible. Please ensure that you have received written confirmation of any changes to your booking prior to travel. All changes will be subject to payment of a reasonable administration fee for any amendments to bookings. We will notify you of the exact charges at the time of amendment or cancellation, as well as any costs and charges incurred by any of our Service Provider(s) in making this change.

If you wish to cancel a booking, you should send us your cancellation request by email. Your notice of cancellation will only take effect when it is received in writing by us and will be effective from the date on which we receive it. The person to notify us of any cancellation must be the same person that originally signed the booking form.

Should one or more member of a party cancel, it could increase the per person price of those still travelling and you will be liable to pay this increase.

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

Please note that certain single service booking may not be amended or cancelled after they have been confirmed, and any alteration or cancellation could incur a cancellation charge of up to 100% for such bookings.

C3. If We Change or Cancel Your Single Service Booking

We may in exceptional circumstances be required to cancel your booking in which case a refund of all monies paid minus the non-refundable deposit will be made to you. We shall not be liable for any costs or losses incurred by you as a result of the change or cancellation.

In very exceptional cases, we may be forced by Events Beyond Our Control (see clause A6) to change or terminate all or some of your bookings after departure. If this situation does occur, we shall not be liable for any refunds, compensation or costs incurred by you as a result.

If you breach any of the terms of our contract with you, including but not limited to these Booking Conditions, any relevant payment terms or any behavioural obligations as set out in Clause A10, we may cancel your booking even after the relevant single service has commenced, without liability to refund, compensation or providing you with an alternative single service.

C4. Our Responsibilities to you in respect of Single Service Bookings

(1) We accept responsibility for the single services we agree to book for you. We have a duty to select the Service Providers who carry out the single services with reasonable skill and care. We shall not be liable for the actual provision of the single services, except in cases where we are proven to have breached that duty and damage has been caused to you.

(2) We accept no responsibility, and shall not reimburse or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

1. the act(s) and/or omission(s) of the person(s) affected;

2. the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or

3. Events Beyond Our Control (see clause A6).

We accept no responsibility, and shall not reimburse you for any damage, loss or expense or other sum(s) of any description if it is the result of:

1. the act(s) and/or omission(s) of the affected person(s);

2. the act(s) and/or omission(s) of a third party unrelated to the provision of the single services for which the contract was made, which was unforeseeable or unavoidable;

3. unusual or unforeseeable circumstances beyond our control or that of our Service Provider(s), the consequences of which could not have been avoided even if all due care had been exercised; or

4. an event which we or our Service Provider(s) could not have foreseen or avoided even if we had exercised all due care.

(3) We limit the amount of compensation we may have to pay you if we are found liable under this Clause C4:

1. Loss of and/or damage to any luggage or personal possessions, and money

The maximum amount we will have to pay you in respect of these claims is a maximum of €75,- per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.

2. Other claims

The maximum amount we will have to pay you in respect of a claim is twice the price paid

by you in total. This maximum amount will only be payable you have not received any benefit at all from your single service booking.

(4) It is a condition of our acceptance of liability under this clause C4 that you report any claim to us strictly in accordance with the complaints procedure set out in clause A9 of these Booking Conditions.

(5) In case we should pay you a compensation pursuant to this clause C4, you assign the claims against any third party arising of the provided single service(s) you have booked with us.

(6) We do not accept any liability for any damage, loss or expense or other sum(s) of any description:

1. which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you;

2. relate to any business; or

3. indirect or consequential loss of any kind.

SECTION D: AGENCY BOOKINGS

This section only applies to bookings we make for you when acting as a travel agent for a Service Provider. Please read this in conjunction with Section A of these Booking Conditions.

D1. Contract

These are the terms on which we will make an agency booking for your travel or holiday requirements. When making your booking we will arrange for you to enter into a contract with the applicable Service Provider of your chosen travel arrangements, as named on your confirmation invoice and/or receipt(s).

As agent we accept no responsibility for the acts or omissions of the Service Provider or for the services provided by them. The Service Provider’s terms and conditions will apply to your booking and we advise you to read these carefully as they contain important information about your booking. Please ask us for copies of these if you do not have them.

D2. Booking

You shall provide all information regarding yourself and the travellers for which you have made a booking, which could be of importance for the performance of the agreement in good time, before placing the order. You shall also provide any details regarding your own physical and mental condition and those of your fellow travellers, which could be of importance to the proper performance of the services.

We cannot guarantee the prices of the services reserved at your request. These prices may be adjusted in accordance with these Booking Conditions of the applicable Service Provider. We have no influence on these and cannot bear any responsibility for them. We will charge you these adjustments and inform you accordingly as quickly as possible.

D3. Payment

If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If the payment/deposit is not made or is not made in a timely manner, we shall send a payment reminder, at no charge, after the date in question has passed, and shall give you the opportunity to pay the outstanding amount within fourteen (14) days of receipt of said payment reminder. In the event of continued non-payment, you shall be deemed to be in default and the agreements shall be deemed cancelled, unless otherwise stipulated in the terms and conditions of the applicable Service Provider. We shall be entitled to charge the costs related to cancellation specified in advance, or to set them off against the deposit(s) received. If you reserve the travel package up to 14 days before departure and do not pay in good time, you shall be in default with immediate effect.

Payments may be made by any of the following methods: credit card, debit card, or bank transfer.

Except where otherwise advised or stated in the booking conditions of the Service Provider concerned, all monies you pay to us for travel arrangements will be held on behalf of the Service Provider concerned in accordance with our agreement with them.

D4. Service Charges

We apply service charges for the services we provide, the amount of which has been made known to you in advance, and which are updated regularly. Please feel free to contact us for further inquiries on this matter.

D5. Changes and Cancellations by the Service Provider

We will inform you as soon as reasonably possible if the Service Provider needs to make a significant change to your confirmed travel arrangements or to cancel them. If the Service Provider offers alternative arrangements or a refund, you will need to let us know your choice within the stipulated time frame. If you fail to do so the Service Provider is entitled to assume you with to receive a full refund. We will also liaise between you and the Service Provider in relation to any alternative arrangements offered by the Service Provider but we accept no liability for any changes or cancellations made to your arrangements by the Service Provider under your contract with them..

D6. Our responsibility for your booking

Your contract is with the Service Provider and its booking conditions apply. As an agent, we accept no responsibility for the actual provision of the travel arrangements you have booked. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the travel arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

D7. Changes and Cancellations by You

Any cancellation or amendment request must be sent to us by email. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Service Provider will meet such requests. Amendments and cancellations can only be accepted in accordance with the booking conditions of the Service Provider.

The Service Provider may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the travel arrangements and will normally increase closer to the date of departure). In addition, you must pay us a reasonable administration fee for any amendments to bookings or a cancellation. We will notify you of the exact charges at the time of amendment or cancellation.

D8. Delivery of Documents

All documents (e.g. invoices/tickets/Insurance policies) will usually be sent to you by e-mail, or in case that the travel documents cannot be sent by e-mail, by post.

If you have not received your travel documents by the time specified, but no later than 5 working days before departure, you must immediately inform us.

D9. Final Travel Arrangements

Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure. Please ask us for details at least 72 hours before your outbound flight. You should take note of any reference number or contact name when reconfirming. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund.

D10. Accommodation Ratings and Standards

All ratings are as provided by the relevant Service Provider. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between Service Providers. We cannot guarantee the accuracy of any ratings given.

D11. Japan Rail Pass Exchange Order

You must carefully consider the full terms and conditions attached to the quotation for your ticket. Please check that your full first name and surname are spelt exactly as they appear in your passport. Your Japan Rail Pass Exchange Order is valid for 3 months from the date of issue. If you wish to cancel your Japan Rail Pass after we have received payment please return the complete unused pass to our office. There is a cancellation charge of 10% of the purchase price plus a handling fee of €25 per pass. Credit card charges are non-refundable. For train times and information please visit http://www.hyperdia.com/.

D12. FIT Limousine Bus Coupon

You must carefully consider the terms and conditions attached to the quotation for your ticket. Your FIT Limousine Bus Coupon is non-refundable, non-changeable and if lost cannot be replaced. Credit card charges are non-refundable. Please note these coupons cannot be used on Night Buses. For bus times, routes, fares and information please visit http://www.limousinebus.co.jp/en/.

D13. Complaints

Because the contract for your travel arrangements is between you and the Service Provider, any queries or concerns about your arrangements should be addressed to them. If you have a problem with your travel arrangements whilst using them, this must be reported to the Service Provider immediately. If you fail to follow this procedure there will be less opportunity for the Service Provider to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result. If you wish to complain when you return home, write to the Service Provider. You will see their name and contact details in any confirmation documents we send you.

If you wish to complain about any service we have provided to you (i.e. our booking service) then please contact us directly. We shall respond to you in writing no later than one month after receipt of your complaint.