Terms & Conditions
These terms and conditions are effective for all bookings accepted from 1 August 2020.
1.1 Currency: These terms and conditions (Terms) apply to the supply of all our tour operator services including arranging and delivering our Tours, Tour Extensions and Additional Services to you from the date that you accept these Terms.
1.2 Acceptance: You accept these Terms when you make a booking for either a Group Tour or Private Tour supplied by us (or a booking is made on your behalf pursuant to clause 2.5).
2. BOOKING A TOUR
2.1 Price: Subject to clause 2.7 and clause 2.8, the price charged and payable for any Tour shall be:
2.1.1 the price displayed on our Website in Australian dollars on the date the Tour is booked for Group Tours, and the price printed on our Tour Proposal for Private Tours; plus
2.1.2 any applicable taxes, charges as well as applicable fees related to the Tour.
The Price includes all items listed in the Tour description on our Website or Tour Proposal.
2.2 Booking Confirmation/Deposit: A non-refundable deposit of 10% of the total applicable price chargeable for your Tour (Deposit) is payable in order to confirm your booking. Upon receipt of your Deposit, a binding contract is formed between you and us. Your Booking Confirmation is subject to clause 2.13. Your Booking Confirmation and an Invoice will be sent to the email address you provide us when making your booking. Any booking made within 90 days prior to your Departure Date must be paid in full at the time the booking is made to confirm the booking.
2.3 Custom Tour Design Fee: For Private Tours, in addition to the Deposit, a non-refundable Custom Tour Design Fee is payable at the time of booking. The Custom Tour Design Fee varies depending on the number of travellers in the Private Tour, the size and length of a tour and how complex and specialised the arrangements are for the specific Private Tour. This fee is shared by (and divided equally between) the travellers in the Private Tour group.
2.4 Balance: Payment of the Balance of your booking is due 90 days prior to the Departure Date. If you have not cancelled your booking 90 days or less prior to the Departure Date, and you default on payment of the Balance, we reserve the right to cancel your booking immediately or to demand payment in full.
2.5 Authority to make a booking: If you make a booking on behalf of a third party, you warrant that you have the authority of that third party to make the booking on his or her behalf and that that third party has read and accepts these Terms. You are liable for making payment of any booking you have made irrespective of the name in which the booking is made and related Service Fees and Additional Costs. You must compensate us for any losses we suffer as a result of any conduct of that third party leading to a breach of these Terms as if that third party were a party to these Terms.
2.6 Booking details: You must ensure that the accuracy of all personal details provided to us by you in relation to any booking.
2.7 Additional conditions: Unless otherwise agreed by us expressly in writing by reference to this clause, these Terms will prevail over, and we will not be bound by, any conditions (express or implied) added or provided by you.
2.8 Price Variation: Subject to your rights at law, we reserve the right to vary the price payable by you to us (Price Variation):
2.8.1 to account for the cost of any Tour Extension and/or Additional Services (and may require an additional non-refundable deposit at the time you book the Tour Extension and/or Additional Services); and
2.8.2 if up to and including the date you pay the Balance,
A. there is any movement in the cost of supplying the services specified in your Tour, Tour Extension and/or Additional Services, including any Charges, and/or
B. movement in international exchange rates;
and to charge you for any loss caused by such movements in the cost.
2.9 Service Fees: If you request an amendment to your confirmed booking (Amendment), in addition to the actual applicable Additional Cost, the following non-refundable Service Fees apply (provided, however, that these fees are subject to change from time to time):
|Service Fee||Fee (in AU$)|
|Room change request (or quote request)||$20|
|Booking additional room/night||$45|
|Additional land services (including but not limited to taxi, rail, guide, ferry)||$45|
|Name changes (including replacement guest name changes)||$100|
We will provide you a quote for accommodating any special requests.
|Changes to your booking (such as room changes, name changes, etc) less than 31 days from departure||$250 per change|
2.10 GST: Unless otherwise stated, all prices exclude GST (noting that under Australian law, GST is not applicable to travel).
2.11 Payment method: You must make all Payments by direct credit to the bank account nominated by us or by credit card or as otherwise indicated by us in writing. A surcharge of 1.75% - 2.5% is applicable on any credit card payment subject to variation from time to time depending on the type of credit card and the country of origin of your credit card account. Details are available on request.
2.12 International transactions: We reserve the right to pass on any fees levied on us by financial institutions for international transactions.
2.13 Itinerary changes: Either prior to the Departure Date or while on your Tour, whether due to a Force Majeure Event or if we otherwise deem it appropriate, we reserve the right to adjust the itinerary of your Tour (including, but not limited to, making changes to hotel accommodation or making arrangements for additional transport). Any Additional Cost likely to be or in fact incurred as a result of such rearrangements shall be discussed in advance wherever practicable. Such costs and applicable Service Fees will be added to the Total Price (on the Invoice) and be payable 90 days prior to the Departure Date (or if the itinerary change is made within 90 days prior to your Departure Date or after your Departure Date, within 24 hours of being told by us of such change). To the extent that we are not able to recover the Additional Costs from third party service providers, such Additional Costs are non-refundable, subject to statutory rights.
2.15 Special requests: You are liable for any costs incurred by us to assist with special requests (including but not limited to requests related to dietary requirements, medical issues or special room configurations). We will provide you with a separate quote in writing for the costs of arranging such special requests. Special requests are subject to the ability of the third party supplier to deliver such special requests and we are not liable for any special requests which third party suppliers fail to deliver to you. If we deem that catering for such special requests disadvantages other travellers, we may refuse to meet such requests. Once arrangements have been made to accommodate such special requests, in the event that you cancel your Tour and/or Tour Extension or your Tour and/or Tour Extension is cancelled due to circumstances beyond our control, such arrangement costs are non-refundable (however, upon your request and subject to third party service provider terms + conditions (which may or may not provide refunds), we can attempt to recover any pre-payments for an additional recovery fee).
2.16 Photographs: You agree to any photographs taken during your Tour of you by our staff or presented to us by other travellers on your Tour may be used by us for publicity purposes.
2.17 Warranties: You warrant that:
2.17.2 you are and will be fit and healthy enough to fully participate in all activities included in your Tour;
2.17.3 if you have developed any medical conditions since your booking was confirmed which may affect your ability to participate in all activities in your Tour, you have advised us of them prior to the Departure Date;
2.17.4 you are over the age of 18 and have sufficient funds to pay for your Tour as well as Additional Costs and Service Fees and any other additional expenses you incur while on your Tour;
2.17.5 any information you have provided us with respect to your booking is accurate; and
2.17.6 your passport is current and will continue to be current for at least 6 months after the End Date and you will have obtained prior to the Departure Date an appropriate visa for travelling to Japan taking into consideration the country of your passport.
3. YOUR TOUR
3.1 Your obligations: While travelling on your Tour you must:
3.1.1 strictly follow meet up times provided by us, by a third party on our behalf or any other relevant person in connection with your Tour;
3.1.2 ensure you are well prepared for the next day of the Tour in advance to ensure no delays in departure from hotels;
3.1.3 be mindful and respectful of other members on your Tour;
3.1.4 follow the guide and not hold the Tour up by wandering away from the Tour group on Tour excursions;
3.1.5 if you break away from the Tour for any reason (including medical reasons or otherwise) or if you do not appear at a specified departure point on time, catch up with the Tour group at your own expense;
3.1.6 not do anything which may have a negative impact on other members on your Tour and on the Tour itself; and
3.1.7 not make unreasonable requests taking into consideration the Tour packages you have selected.
3.2 Breach of your obligations on Tour: In the event that you breach any of your obligations in clause 3.1 to the extent that you have done something unlawful or are uncooperative to the effect that it is affecting the Tour or other members of your Tour, we reserve the right to exclude you from participating in the remainder of your Tour.
4.1 Insurance: Insurance is not included in any of our packages. It is your responsibility to take out appropriate insurance cover taking into account your personal health, financial position, and any other factors related to your personal circumstances and your Tour. You must cover any instances where Additional Costs are incurred due to itinerary changes related to your Tour or Tour Extension. We are not liable for any costs associated with any itinerary changes that may need to be made pursuant to clause 2.13 or any other event that occurs on your Tour or any Tour Extension.
5.1 Cancellation by you: Cancellation of your Tour and/or other services you have booked (ie Tour Extension, Additional Services), or for which you are responsible, must be made in writing. If you cancel your booking (subject to any applicable statutory rights):
5.1.1 91 days or more prior to the Departure Date, other than your Deposit and Custom Tour Design Fee which are non-refundable (see clauses 2.2 and 2.3), no additional cancellation charge will apply;
5.1.2 between 90 and 61 days prior to the Departure Date, we will retain the Deposit, Custom Tour Design Fee and 50% of the Balance;
5.1.3 between 60 and 31 days prior to the Departure Date, we will retain the Deposit, Custom Tour Design Fee and 75% of the Balance; and
5.1.4 between 30 days or less prior to the Departure Date, no refund of the Balance will be paid to you.
5.2 Refund policy when you cancel your Tour (or a part of your Tour): We do not make any refunds in relation to the parts of Tour you were not present for including but not limited to the following scenarios:
5.2.1 you fail to join your Tour on the Departure Date;
5.2.2 you join your Tour after the Departure Date;
5.2.3 you leave your Tour prior to its completion; or
5.2.4 you opt not to participate in certain parts of the Tour while on the Tour for whatever reason.
5.3 Cancellation by us: Subject to clause 5.4, we may, without limiting any other right we have under these Terms but subject to any applicable statutory rights, in writing or verbally cancel your Tour and other services you have booked (ie Tour Extensions, Additional Services) without liability to you:
5.3.1 if you fail to make a Payment on time (and if an individual member of a Private Tour fails to pay the Balance of his or her Invoice by the date specified in his or her Invoice);
5.3.2 due to a Force Majeure Event;
5.3.3 if we fail to reach the minimum group size (as stated on our Website) for your particular Tour;
5.3.4 if we reasonably form the opinion, at any time prior to the Departure Date or during a Tour, that having you participate or continuing to have you participate on your Tour or supplying any other services you have booked to you may have a negative impact upon other guests, our business or commercial reputation or image (on social media platforms or otherwise); or
5.3.5 if we reasonably form the opinion that you are bankrupt or may be unable to pay debts as they fall due.
5.4 Refund policy when we cancel your Tour and/or Tour Extension/Additional Services: Upon cancellation by us of your Tour, Tour Extension and/or Additional Services, all Payments for all time incurred by us in arranging your Tour, Tour Extension and/or Additional Services and any other monies due under these Terms become immediately payable. For the avoidance of doubt, as stated in clauses 2.2 and 2.3 above but subject to any applicable statutory rights, the Deposit and Custom Tour Design Fee are non-refundable. In addition, we reserve the right to retain, subject to statutory rights:
5.4.1 any applicable cancellation fees which may include reasonable fees for cancelling the booking as well as any additional office costs reasonably incurred as a result of cancellations made by us due to any of the events in clauses 5.3.1 to 5.3.5; and
5.4.2 unrecoverable costs incurred in arranging your Tour including but not limited to Service Fees (noting that such arrangements normally start 12 months prior to your Departure Date and such work is performed over time, and as your Departure Date approaches, more and more time will therefore have been spent by us in finalising the finer details of your Tour and any Tour Extensions and that time is chargeable by us and is therefore non-refundable).
5.4.3 Third party fees: Where your Tour has been cancelled due to a Force Majeure Event, we are not liable to refund you any fees we have charged you to pay a third party supplier (including, but not limited to, fees charged by hotels) to the extent that we are not able to recover such fees from the supplier (taking into account that when you cancel a booking, the supplier determines whether you receive a credit or a refund depending on their terms and conditions of purchase and, in normal circumstances, it may take 3 to 4 months to receive any refund from the supplier, if applicable, but may take much longer due to a Force Majeure Event).
6. EXCLUSIONS + LIMITATIONS
6.1 ACL exception: The exclusions and limitations in this clause 6 are subject to clause 7 (Statutory Rights).
6.2 Excluded rights: All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), relating to these Terms, that are not contained in it, are excluded to the fullest extent permitted by law.
6.3 Limitations: No warranty is given and we will not be liable for:
6.3.1 interference with our services for which we are not responsible;
6.3.2 loss caused to you as a result of you finding you are unable to participate in certain activities during your Tour (due to an unexpected medical condition or otherwise);
6.3.3 loss caused to you as a result of you failing to safe keep any tour vouchers provided to you by us (including but not limited to Japan Rail vouchers) and failing to produce such vouchers during the Tour where required;
6.3.4 loss caused due to any injury suffered by you, death and/or any damage to your property and you acknowledge that there are certain risks associated with international travel (including but not limited to risks such as luggage being damaged while on your Tour, risks associated with activities such as climbing mountains and bungee jumping, and the risk of contracting a disease or other medical condition while in Japan or on a flight to Japan) and accept such risks;
6.3.5 any incidental expenses that you may incur as part of booking your Tour or otherwise; and
6.3.6 loss caused by any factors beyond our control.
6.4 Indirect loss: We will not be liable for any special, indirect, consequential or economic loss or damage or loss of profits (in contract or tort or arising from any other cause of action) suffered by you or any other person resulting from any act or omission by us (including breach, termination or non-observance of the terms of any agreement which incorporates these Terms).
6.5 Total liability: Our total liability for breach of these Terms or breach of our contractual obligations or duties at law or in equity (however arising) is limited at our option to the cost of you have paid for your Tour to us at the date of such breach by us.
6.6 Third party service providers: We give no warranty in respect of any services that are supplied to you in relation to your Tour by a third party service provider. We are not liable for any event that may cause loss to you as a result of your using the services of third party service providers (including, but not limited to, hotel accommodation and transportation service providers relating to your Tour). Any warranties given by such third party service providers will be governed by their own terms and conditions and relevant laws.
7. STATUTORY RIGHTS
7.1 Statutory rights: Certain statutory guarantees, warranties and rights may apply to your purchase of our services from us as provided by relevant laws but subject to these Terms as applicable and where permitted by relevant laws.
7.2 No restriction: Nothing in these Terms excludes, restricts or modifies any condition, warranty, statutory guarantee, right or remedy implied or imposed by common law, statute or regulation which cannot be lawfully excluded, restricted or modified.
7.3 Unfair contract: If section 23 of the ACL applies to any provisions in these Terms, any such provision(s) shall be void to the extent it is unfair within the meaning of section 24 of the ACL.
8.1 Indemnity: You agree to indemnify and keep us indemnified in respect of:
8.1.1 all damages, losses, costs and expenses (including legal costs), personal injury, death and damage to property as well as any costs to repatriate or medical expenses that we may incur as a result of your breach or alleged breach of these Terms or any breach of any law of Japan while participating on the Tour; and
8.1.2 any damages, losses, costs and expenses (including legal costs) we incur where you have injured a third party (including but not limited to fellow travellers) or have been negligent and caused harm or damage to that third party.
8.2 Lawful purpose: You must ensure your participation on the Tour and other engagements of our services are used only for lawful purposes and in accordance with applicable laws both in Australia and during your Tour in Japan.
8.3 Binding: These Terms bind our successors, administrators and permitted assigns and your executors and permitted assigns or your successors, administrators and permitted assigns (as applicable).
8.4 Assignment: We may without notice to you assign, transfer and/or sub-contract our rights and/or obligations (in whole or in part) under these Terms. You may not assign, transfer, hold on trust or otherwise delegate any of your rights or obligations under these Terms without our prior written consent.
8.5 New Terms: If we adopt new terms and conditions for the sale of our services:
8.5.1 you will be given written notice; and
8.6 Force Majeure: If a Force Majeure Event occurs, we may:
8.6.1 totally or partially suspend a Tour, Tour Extension and/or Additional Services we have agreed to provide you during any period in which we may be hindered due to that Force Majeure Event; and
8.6.2 elect to extend at our discretion the period for performance of an obligation under these Terms as is reasonable in all the circumstances.
8.7 If as a result of a Force Majeure Event, your Tour is rescheduled by us or we offer you a credit on another tour, and you instead wish to cancel your Tour prior to the Departure Date, you may do so and request a refund, provided however that we reserve the right to retain, in addition to the Deposit and Custom Tour Design Fee, and subject to statutory rights:
8.7.1 any applicable cancellation fees which may include reasonable fees for cancelling the booking as well as any additional office costs reasonably incurred by us; and
8.7.2 any unrecoverable costs incurred in arranging your Tour including but not limited to Service Fees (noting that such arrangements normally start 12 months prior to your Departure Date and such work is performed over time, and as your Departure Date approaches, more and more time will therefore have been spent by us in finalising the finer details of your Tour and any Tour Extensions and that time is chargeable by us and is therefore non-refundable).
If a Force Majeure Event occurs during your Tour or Tour Extension, we are not liable for any loss that you may incur while overseas due to such event which prevents the Tour from proceeding to the End Date.
8.8 Severability: Each clause in these Terms is severable and if any clause is held to be illegal or unenforceable, then the remaining clauses will remain in full force and effect.
8.9 Waiver: No failure, delay, relation or indulgence on our part in exercising any power, right or remedy precludes any other or further exercise of that or any other power, right or remedy.
8.10 Complaints: We are ATAS accredited agents and meet the strict criteria of ATAS. However, if you have any complaints, please notify us. If we are unable to resolve this matter with you to your satisfaction, you may lodge your complaint with ATAS and it will be reviewed pursuant to the ATAS Code of Conduct which can be accessed on the ATAS website.
8.11 Governing law: These Terms shall be governed by the laws of the State of Queensland, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of the State of Queensland, Australia.
9. INTERPRETATION + DEFINITION
9.1 Personal pronouns: Except where the context otherwise provides or requires:
9.1.1 the terms we, us or our refers to JTTE; and
9.1.2 the terms you or your refers to any person or entity that books a Tour, Tour Extension and/or Additional Services with us and agrees (by conduct, notice or otherwise) to be bound by these Terms, including any related company, related party, officer and authorised person of the relevant person.
9.2 Defined terms: In these Terms, unless otherwise provided, the following terms shall have their meaning as specified:
ACL means the Australian Consumer Law under the Consumer and Competition Act 2010 (Cth) as amended.
Additional Cost means any additional cost applicable to Tours, Tour Extensions and Additional Services.
Additional Services means services not included in your Tour or Tour Extensions the price of which is agreed on a case by case basis depending on the services required.
AFTA means The Australian Federation of Travel Agents Ltd (ABN 72 001 444 275) of Suite 3, Level 31/31 Market Street, Sydney, New South Wales 2000.
ATAS means the AFTA Travel Accreditation Scheme administered by AFTA.
Booking Confirmation means an email from us confirming your booking and receipt of your Deposit.
Charges means any sales tax, excise duties, customs duty, transfer duty, GST or any other taxes, duties or charges applicable in respect of the provision of the Tour, Tour Extensions and/or Additional Services.
Custom Tour Design Fee means a fee which covers the time we spend designing and planning your customised Private Tour at the time you book a Private Tour with us in accordance with your travel specification requests (not including applicable Service Fees and Additional Costs).
Departure Date means the date the tour commences as specified on your Booking Confirmation.
End Date means the date your Tour finishes as specified on your Booking Confirmation.
Force Majeure Event means circumstances beyond our reasonable control, which shall include, but not be limited to: compliance with any laws, regulations, orders, acts, instructions or priority request of any government, or any department or agency, civil or military authority, acts of God, acts of the public enemy, your acts or omissions, natural disasters, fires, floods, strikes, lockouts, embargoes, wars, pandemics, epidemics, quarantine, public health crisis, labour or material shortages, riots, insurrections, defaults of third party service providers, delays in transportation, or lack of instructions from you.
Group Tour means a small group tour of no less than 8 people but no more than 12 people as specified in the tour overview of each tour on our Website (excluding tour guides).
GST carries the meaning as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Invoice means the online invoice/statement issued to you (or the person booking your Tour) upon booking a Tour as updated from time to time if you (or the person booking your Tour) request Amendments, Tour Extensions and/or Additional Services and/or financial transactions on the account.
JTTE means Trade Boost Pty Ltd (ACN 076 272 261) trading as Journey to the East of Suite 2, Level 1, 36 Park Rd, Milton, Brisbane 4064, Queensland, Australia.
Payment means payment of any amount relating to your Tour, any Tour Extension and/or Additional Services in accordance with these Terms.
Private Tour means a custom-designed tour of Japan for a private group of people you have specified.
Total Price means the Price plus any Additional Costs and Service Fees plus or minus any applicable adjustments in the total amount payable to you due to Price Variations displayed on your Invoice.
Tour means the tour package you have booked as specified in your Booking Confirmation which may be a Group Tour or Private Tour.
Tour Extension means any additional tours provided on days prior to the Departure Date or after the End Date.
Tour Proposal means the final document provided by us to you to confirm what has been agreed as being included in your Tour before issuing you a Booking Confirmation.
Website means https://journeytotheeast.com.au.