BOOKING TERMS AND CONDITIONS, RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
Boutique Japan Travel Company, a Texas limited liability company, sells travel and tours to clients throughout the world. Boutique Japan Travel Company, including its dba Black Trunk, is referred to in this agreement as “Boutique Japan,” “we,” or “us.” The terms and conditions set forth below constitute the entire understanding and agreement between you the trip participant (“participant,” “you,” or “I”) and Boutique Japan Travel Company, including its dba Black Trunk, with respect to any and all bookings, trips or transactions made with us. By signing and submitting this Booking Terms and Conditions, Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement, you acknowledge that you agree and accept all terms and conditions in this agreement and direct us to perform services on your behalf. All persons included in your booking are bound by this agreement.
Responsibility. Boutique Japan is acting at all times as an independent contractor for all suppliers who provide your transportation, hotel accommodations, restaurant services and transfers, activities and other services in connection with your tour. Boutique Japan does not own, operate or control any of the suppliers of service that provide accommodations, meals, transportation, sightseeing activities and other goods and services connected with your tour. These suppliers are responsible for their performance. Boutique Japan Travel Company, its employees, shareholders, officers, directors, successors, agents and assignees are not liable for any negligence, willful act or default of any supplier or any third party. A supplier’s goods and services are subject to the supplier’s own terms and conditions and liability waivers, as well as local laws and regulations.
What is included in your vacation planned by Boutique Japan Travel Company? Our trips generally include personalized trip planning; accommodations and all associated taxes thereto; specified meals; transfers and transport as indicated; private sightseeing services and other experiences as specified; admission fees if/as indicated; in-country emergency support during your trip; and other services as specified. As each trip is unique, please refer to your itinerary to confirm the inclusions for your trip.
What is not included? Unless otherwise specified, the following are not included in our trips: international flights; travel insurance; costs associated with obtaining passports and/or visas; baggage fees and/or the cost of luggage forwarding; personal expenses including but not limited to telephone calls, mini-bar purchases, room service charges, snacks, laundry, souvenirs and any other incidental expenses; gratuities; and any other services not specified in your itinerary. Boutique Japan Travel Company will not be responsible or liable for deposits, payments and penalties for other services not included, such as airline tickets, separate hotel reservations or other items handled by passengers not through Boutique Japan Travel Company. A single supplement will be applied when a room is occupied by one person unless otherwise specified.
Pricing. Unless otherwise stated, the trip price is the grand total for all passengers, and is listed in US dollars. The trip price is based on a specified number of participants, and should the number of participants change, the trip price is subject to change accordingly. Quoted prices are usually based on specified dates, and changes to the travel dates may result in price changes, and will be subject to availability. Prices are also based on tariffs, government fees, exchange rates, supplier rates, and airfares in effect at the time this agreement is signed by you. We reserve the right to alter prices quoted should inflation, costs of fuel, labor or materials, airfares or foreign exchange rates change. Should governmental entities raise park or other fees after this agreement is made, we have the right to ask for additional payment. If any hotels, lodges, airlines or other service providers raise their rates, we also reserve the right to request additional payment. You agree to and will pay for any of these price increases. If any surcharge results in an increase of more than 10% of the tour cost excluding insurance premiums, you have the option of canceling the booking within 14 days of notification of the surcharge and obtaining a full refund less any nonrefundable deposits and a $200 cancellation fee per person per tour.
Deposits and Payment. Unless otherwise specified, 30% of the trip price is required to proceed with reserving your trip. In certain cases and for certain itineraries, a smaller or larger deposit may be required and this shall be specified during the quoting process. Acceptance of your booking must be confirmed in writing by us. There is no contract for services between you and Boutique Japan Travel Company without such written confirmation. Final payment is due no later than 90 days prior to your trip start date. If your departure is within 90 days, full payment is required at the time of booking unless otherwise specified. Deposits and payments can be made by wire transfer, check or credit card.
We reserve the right to treat any reservation that is not fully paid according to the reservation and payment terms as a cancellation and subject to the cancellation terms below.
The Following Fees Also Apply:
- A surcharge may be incurred for arrangements requested within 30 days of departure
- Final payments not received by due date are subject to $75 late payment fee
- There is a $100 per change charge after the itinerary is accepted; all change requests must be made to us in writing by postal mail or email
- Changes to an itinerary may result in additional charges depending on the type and scope of the change
- No refund once the trip has commenced
- There will be no refund for unused services, early departures, late arrivals or missed days of your final itinerary.
Cancellation Policy. All cancellations must be sent to Boutique Japan Travel Company in writing by email to email@example.com with “Cancellation” in the subject line. The cancellation fees are as follows for all trips unless a different cancellation policy and/or fees are specified in the trip proposal, in which case the cancellation fees and/or policy in the trip proposal govern:
- 91 days or more prior to departure*: $1,000 per traveler
- 61-90 days prior to departure: 50% of the trip cost
- 31-60 days prior to departure: 75% of the trip cost
- 30 days or less prior to departure: 100% of the trip cost
*Departure as used in this agreement is defined as the date of the first flight, or the trip departure date as indicated on your confirmed itinerary, whichever comes first.
If a passenger cancels in a double occupancy room, the remaining passenger must pay the single supplement unless otherwise specified. Some accommodations and other services may have stricter cancellation policies. Please be advised that some reservations, regardless of proximity to check-in date, are completely non-refundable. There will be no refund once the trip has commenced. There will be no refund for unused services, early departures, late arrivals or missed days of your itinerary.
Cancellation and Changes by Boutique Japan Travel Company. Boutique Japan Travel Company reserves the right to cancel any trip at any time if the safety or quality of the trip is judged to be compromised. If a trip must be canceled for any reason, there will be a prompt and full refund of any monies paid to Boutique Japan Travel Company less any non-refundable deposits made to third party suppliers. Boutique Japan Travel Company will not be responsible or liable for deposits, payments and penalties for other services not included in the tour price, such as airline tickets, separate hotel reservations or other items handled by passengers not through Boutique Japan Travel Company.
From time to time, Boutique Japan Travel Company may alter or change an itinerary as it deems necessary or best for clients. Boutique Japan Travel Company further reserves the right to re-price, cancel or withdraw any tour, trek or expedition for any reason whatsoever prior to departure; to alter or omit any part of the itinerary, to substitute hotels or change means of transportation with reasonable notice. Itineraries are subject to change at any time due to unforeseen circumstances or circumstances beyond Boutique Japan Travel Company’s control. We will make every effort to operate trips as planned but changes may occur after the final itinerary has been issued to you. If there is an additional cost, it may be passed on to passengers, such as price changes, taxes, unexpected external factors or increased costs due to unexpected delays, etc. If a tour, trek or expedition is cancelled and rescheduled due to acts of insurrection, strikes acts of God or any other cause beyond the control of Boutique Japan Travel Company, refunds will be made based on the difference between the original cost and the new price. Any non-refundable deposits made to third parties will also be subtracted from the refund. We will not reimburse you for any personal expenses such as airline tickets, hotel or other travel expenses due to changes in itineraries or tour cancellations.
Passport, Visas and Travel Advisories. It is your responsibility to obtain valid and effective documentation, including passports, visas, permits, and vaccinations, where necessary. You also assume complete and full responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination and all safety or security conditions at such destinations. You are solely responsible for any adverse consequences resulting from missing or defective documentation. All travelers, regardless of the holder’s passport, must check with the consulates of the countries being visited to determine if a visa is required for their nationality. A copy of your valid passport must be submitted to Boutique Japan Travel Company. Your passport must have at least six (6) months remaining on the passport from the date of return otherwise your passport must be renewed. Also, make sure there are sufficient pages left in your passport, at least two (2) pages, for validity of the passport.
Boutique Japan Travel Company may provide information or advice given on visas, vaccinations, climate, clothing, baggage, special equipment, etc. in good faith as a courtesy to you. We are not responsible for any errors or omissions as to the information provided.
For information concerning possible dangers at an international destination, contact the government office in your country that is responsible for issuing travel advisories. In the U.S., contact the Travel Advisory Section of the U.S. State Department, 1-888-407-4747, http://www.travel.state.gov/. For medical information, contact the U.S. Centers for Disease Control (CDC), 800-232-4636, http://wwwnc.cdc.gov/travel/, or the responsible government agency in your country. U.S. citizens may register for the U.S. government’s Smart Traveler Enrollment Program, a free service, at http://step.state.gov/step/.
Insurance. The trip price does not include travel insurance. We recommend that all passengers purchase comprehensive travel insurance. Included in the policy should be coverage for all air travel, trip cancellation/interruption, baggage, accident/life, medical expenses, air ambulance, loss of effects and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to you. You agree to assume all costs of medical care and transportation that is provided to you, and any minors traveling with you, during the trip. Travel insurance is available at travel agencies throughout the United States. Please note that most insurance companies require an insurer to purchase the policy within 14 days of the deposit in order to cover pre-existing conditions. Please visit these companies online at www.travelexinsurance.com, www.travelguard.com, and www.allianztravelinsurance.com for further details.
Health Requirements and Dietary Restrictions. Passengers should check with consulates for the latest health requirements. Passengers are required to advise Boutique Japan Travel Company at the time of booking of any physical, medical, dietary restrictions and food allergies or other special needs that are required during the passengers’ travel. Boutique Japan Travel Company, may at its sole discretion, decline booking of any passenger or remove any passenger who cannot meet minimum health requirements. Passengers must bring their own medications, insect repellent or other recommended prescribed drugs. We will make reasonable efforts to convey any dietary restrictions to your tour guides and certain service providers. However, given the nature of our tours and the fact that we do not operate or manage our suppliers, we cannot guarantee that any dietary needs or restrictions can be accommodated. As such, it is your sole responsibility to ask any necessary questions and to make informed decisions about your dietary needs and restrictions while traveling.
Baggage. Baggage and personal effects are at owner’s risk throughout the tour. All costs incurred for lost, damaged or delayed baggage is at owner’s expense.
Assumption of Risk. You acknowledge and agree that you have voluntarily applied to participate in the tour, trip or vacation on which you are booked (or a tour to which you may subsequently transfer) (all referred to herein as “tour”). You acknowledge and agree that you are voluntarily participating in the tour with the knowledge of the numerous risks and dangers involved, which include but are not limited to: the hazards of traveling, the forces of nature, travel by boat, automobile, train, ship, aircraft, or other means of conveyance; the dangers inherent in the activities listed in the itinerary; Boutique Japan’s own negligence; emotional trauma; personal injury; disfigurement; temporary or permanent disability (including paralysis); death; acts of God; the hazards of traveling in unsafe or politically unstable areas or under unsafe conditions; the dangers of civil disturbances and war; forces of nature; transportation failures; equipment failures or deficiencies; wild animals; high altitude, food-related illnesses, accident or illness in remote places without access to medical facilities, transportation, or means of evacuation and assistance; the adequacy of medical attention, including but not limited to any evacuation plan, transportation, equipment or supplies that may be provided; consumption of alcoholic beverages; terrorist activities, social or labor unrest; mechanical or construction failures or difficulties; diseases; local laws; climactic conditions; abnormal conditions or developments; and any actions, omissions, or conditions outside of Boutique Japan’s control that are not listed herein.
BY SIGNING THIS AGREEMENT, YOU HEREBY EXPRESSLY AGREE TO BE RESPONSIBLE FOR YOUR OWN WELFARE AND THE WELFARE OF ALL MINORS TRAVELING WITH YOU. YOU AGREE TO ASSUME ALL OF THE RISKS SET FORTH IN THIS AGREEMENT, INCLUDING THOSE SET FORTH ABOVE, INCLUDING BOTH THOSE KNOWN AND UNKNOWN TO YOU.
RELEASE AND WAIVER OF LIABILITY AND INDEMNIFICATION: In consideration of, and as a part of the payment for, the right to participate in such tour, trek, expeditions, or other activities and the services arranged for you by Boutique Japan and its agents and associates, and to the fullest extent permitted by law, you on behalf of yourself and your heirs, legal and personal representatives, next of kin, successors and assigns (collectively, “Releasors”), expressly a) RELEASE, WAIVE, FOREVER DISCHARGE AND COVENANT NOT TO SUE Boutique Japan, its owners, officers, employees, managers, shareholders, affiliated entities, agents, representatives, directors, associates, volunteers, successors and assigns (collectively, “Releasees”), from and against any and all liability, claims, demands, losses or damages which you now have or may later have against Releasees arising out of, relating to, or in connection with the tour, activities and services provided, arranged or advertised by Boutique Japan, whether arising from the Releasees’ negligence or otherwise; b) AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS (“indemnify” meaning to defend and to pay or reimburse) Releasees from and against any and all claims, injuries, costs, damages, losses or suits, including attorney’s fees, brought by or on behalf of anyone, arising out of or relating to your participation in the activities and use of services provided, arranged or advertised by Boutique Japan, even if such claims allege negligence by Releasees or others; and c) AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Releasees against any claim by any person, including minors, arising in whole or in part from an injury or other loss suffered or caused by you in connection with the tour arranged for you or the services provided, arranged or advertised by Boutique Japan.
YOU AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for yourself, all members of your family and all minors traveling with you, your and their heirs, legal and personal representatives, next of kin, successors and assigns; it being your intention to fully assume all risks associated with this tour and to release Boutique Japan from any and all liability to the maximum extent permitted by law.
Photography. You agree that Boutique Japan Travel Company may copyright in its own name, use, re-use, and reproduce any images, photos or videos that you send to us, or that other travelers take of you individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promotion and publicity purposes worldwide related to our travel products and services. If you do not want us to use any images of you that are taken by us or other participants during the expedition, you must inform us before your trip departs.
Participant’s Responsibilities During Tour. It is your responsibility to be ready to leave at the departure city at the specified day and time. We are not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures. Your additional responsibilities include, but are not limited to, strictly complying with all local laws, respecting customs and culture, adequately assessing your abilities, respecting other participants’ privacy, and if on a guided trip following the suggestions and advice of the guide.
Claims and Complaints. If you find a problem or something that does not meet your expectation, you must promptly notify us or the local operator, guide or supplier so that the problem can be rectified, if possible. If you make any changes on your own without following the notice procedure described above, you assume responsibility for any added costs you may incur and forfeit any potential refunds. If satisfaction is not reached through this notice procedure during the trip, you must submit further complaint in writing to us within 15 days of the end of the tour. We will not accept any liability for claims received after this period.
Force Majeure. Boutique Japan Travel Company will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of its obligations under this agreement to the extent that any such delay or nonperformance is due to any Force Majeure. “Force Majeure” means any circumstances beyond our reasonable control, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, government intervention, weather conditions, and unforeseen circumstances.
Limitation of Remedies. You agree that to the extent consistent with applicable law, the maximum amount of recovery to which you may be permitted to recover from Boutique Japan Travel Company shall not exceed the cost of the trip that you purchased from us. To the maximum extent permitted under applicable law, Boutique Japan Travel Company shall not be liable for any special, consequential, indirect, incidental or other damages, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Boutique Japan Travel Company has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages. If you, or any of your heirs, or anyone acting on your or their behalf, should bring such suit, you shall pay all attorney’s fees, related court fees and defense costs should you not prevail.
Venue, Choice of Law, and Other Provisions. This agreement will be interpreted according to the laws of the State of Texas. Jurisdiction over any dispute arising out, in connection with, or relating to this agreement and/or the transactions and relationships among the parties contemplated by this agreement shall be filed exclusively in the federal and state courts located in Austin, Texas. If any portion of this agreement is determined by a court to be null and void, the remaining portions of this agreement shall nevertheless remain valid and binding upon the parties. This agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this agreement. This agreement supersedes all prior negotiations and agreements.
Validity of Electronic Signature: You understand that a paper version of this agreement is available but you have voluntarily chosen to sign this document electronically. You will receive a Portable Document Format (PDF) version of this agreement after it is electronically signed at the email address you have provided. You may also request a paper version of this signed agreement from Boutique Japan for $10.00 (mailed). You understand that you may withdraw your consent to receive communications in electronic form by contacting Boutique Japan by phone at USA 1-866-400-4262 (toll free) or email at firstname.lastname@example.org.
KNOWING AND VOLUNTARY EXECUTION: I have had sufficient time to read this entire agreement. I have carefully read and understand the provisions and legal consequences of this agreement, and I voluntarily agree to all of its terms and conditions. I understand that I am giving up substantial rights by signing this agreement. I acknowledge that it has been recommended that I have my attorney review this agreement prior to signing it. I agree that this Booking Terms and Conditions, Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Texas and if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. My signature applies to each and every page of this agreement.
Please keep a copy for your records.