1. Introduction
Please read the following terms and conditions carefully.
References to “us”, “we” and/or “our” in these booking terms and conditions shall mean ACT Japan Travel Pty Ltd ACN 605 302 722. References to “you” and “your” include the first named person in the booking and all persons on whose behalf a booking is made, added or to whom a booking is transferred.
These terms and conditions apply to bookings you make with our consultants, whether in store, over the phone or by email, as well as online bookings you make on our website. You must not make any booking unless you understand and agree with the following booking terms and condition.
2. Contract
A contract will exist as soon as you make a booking and leave a deposit with us.
3. Agency
We act as an agent for, and sell various travel related products as agent on behalf of, numerous transports, accommodation and other service providers, such as airlines, coach operators, rail, cruise line operators, car hire, restaurants, hotels and lodges as well as all of our wholesalers. Any services we provide to you are collateral to that agency relationship. Our obligation to you is to, and you expressly authorise us to, make travel bookings on your behalf and to arrange relevant contracts between you and travel service providers.
Whilst we exercise care in the selection of reputable service providers we are not ourselves a provider of travel services and have no control over, or liability for, the services provided by third parties. All bookings are made on your behalf subject to the terms and conditions, including conditions of carriage and limitations of liability, imposed by these service providers. We can provide you with copies of the relevant service provider terms and conditions on request. Your legal rights in connection with the provision of travel services are against the specific provider and, except to the extent a problem is caused by fault on our part, are not against us. Specifically, if for any reason (excluding fault on our part) any travel service provider is unable to provide the services for which you have contracted, your rights are against that provider and not against us.
4. Liability
To the extent permitted by law, neither ACT Japan Travel nor any of its related bodies corporate, directors, employees or agents accept any liability in contract, tort or otherwise for any injury, damage, loss, including consequential loss, delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. Our liability will also be limited to the extent that any relevant international conventions, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, limit the amount of compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law, including the Australian Consumer Law. This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth). You can make a claim by sending your written claim to our customer service representative within 30 days from the day you returned to Australia.
5. Our Services
Our booking and advisory services come with a guarantee that they will be provided with due care and skill, they will be reasonably fit for the specified purpose, they can reasonably be expected to achieve the desired result, and they will be provided within a reasonable time. If we fail to meet any of these guarantees, you have rights under the Australian Consumer Law. Please note that all bookings are subject to availability.
6. Prices
All our prices are provided in Australian Dollars unless otherwise stated. All prices are provided as guide only and they are subject to availability and can be withdrawn or varied without notice. The price is only guaranteed once paid for in full by you. Please note that prices quoted are subject to change. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include adverse currency fluctuations, fuel surcharges, taxes and airfare increases. Our prices do not include costs for obtaining passports, visas, airport taxes and items of a personal nature. Please contact your consultant for up-to-date prices and all other details relating to the arrangements that you wish to book before your booking is confirmed.
7. Taxes
All prices and charges are inclusive of Australian GST where applicable. Airline taxes are subject to change and are confirmed at the time your airline ticket is issued. There may also be a local tax charged at some airports.
8. Deposit and Final Payment
You will be required to pay a deposit of 20% of the full cost when booking. Your consultant will advise you of the amount and the due date for payment. All deposits are non-refundable for changes of mind or cancellations by you, subject to your rights under the Australian Consumer Law. Bookings will be automatically cancelled if the deposit is not paid and received by the required date. Please contact your consultant if delay is expected with your payment. Final payment is required no later than 7 days prior to departure unless otherwise stated. Payment for the Fuji day tour must be made in full when booking. Bookings made within 14 days of departure will incur a late booking fee of $55.00. Some airfares or services must be paid in full at the time of booking.
9. Payments
Credit card surcharges of 1.65% for Visa and MasterCard, 3.06% for American Express, and 2.46% for Diner’s Club will apply when paying by credit card. You authorise us to charge all fees incurred by you in relation to the services provided to the credit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due immediately on demand.
An additional 2.6% fee will apply when paying by PayPal.
Payments processed in foreign currency, that is currency other than the original card holder’s country of issue, may incur a currency conversion fee. Please refer to your financial institution for applicable fees.
Please note that BPAY takes up to 3 business days to process. If you are paying by this method you will need to make the payment at least 3 business days prior to the actual due date. You must notify your consultant of your payment once it has been made.
Please note that cheque payments, excluding bank cheques, require about 5 business days to process. If you are paying by this method you will need to make the payment at least 5 business days prior to the actual due date. You agree not to stop payment of the cheque even when you cancel a booking. You agree that we may apply the proceeds of the cheque to satisfy any liability you have to us, including any liability in respect of cancellation fees, before refunding the balance to you.
10. Our Change and Cancellation Fees
Subject to your refund and remedy rights under the Australian Consumer Law, the following change and cancellation fees apply to all bookings, including online bookings and bookings made with a consultant:
• Changes to international airline, railway passes, tours and accommodation bookings will incur a fee of $50 per passenger per booking in addition to service provider fees.
• Cancellations to international airline, railway passes, tours and accommodation bookings will incur a fee of $100 per passenger per booking in addition to service provider fees.
• Cancellations to travel insurance taken out through us will incur a fee of $100 per insured person if cancellation is not made within 14 days from the date the travel insurance was taken out. If you cancel within this 14 days period, you will receive a refund of your travel insurance premium.
• If you wish to change or cancel flights booked online and paid for using PayPal, you must contact our Online Customer Service Team on (03) 9369 0358. Any fees for such change or cancellation must be made via credit card and will attract the applicable credit card surcharge.
11. Service Provider Change and Cancellation Fees
Cancelled bookings may also incur service provider fees, which can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Service provider fees may also apply where a booking is changed and when tickets or documents are re-issued. Where we incur any liability for a service provider cancellation fee for any booking which you change or cancel, you agree to indemnify us for the amount of that fee. Where you seek a refund for a cancelled booking for which payment has been made to the service provider, we will not provide a refund to you until we receive the funds from that service provider.
12. Schedule Changes
We recommend that you contact the airline to confirm your scheduled departure time 24 hours prior to your flight. If you are forced to return home early, neither us nor the service provider are unable to refund the cost of any services you have not used or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may cover curtailment and we suggest that your claim is made with your insurer.
13. Frequent Flyer
We cannot guarantee that the service provider will credit you with points for your frequent flyer program or other applicable loyalty program for your booking. Please contact your service provider directly.
14. Special Requirements
Please contact your consultant or, for online bookings, call (03) 9369 0358, regarding any special requirements you may have for your travel arrangements such as special meal and seating requests, room type or disabled access.
15. Passports and Visas
All travellers must have a valid passport for international travel and many countries require at least 6 months validity from the date of return and some countries require a machine-readable passport. When assisting with an international travel booking, we will assume that all travellers on the booking have a valid passport. If this is not the case, you must let us know. It is important that you ensure you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authority. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility.
Whether you need a visa depends on your nationality and the country you are traveling to. If you need information regarding visas, passports and other travel document requirements for your trip, please contact your nearest Embassy or the Consulate General’s Office of Japan or any other destination of your travel. We do not warrant the accuracy of information provided by any external service and accept no liability for any loss or damage which you may suffer in reliance on it expect to the extent caused by fault on our part.
16. Travel Documents
Travel documents include, without limitation, airline tickets, JR Pass, hotel vouchers, tour vouchers or any other document whether in electronic form or otherwise used to confirm an arrangement with a service provider. Travel documents may be subject to certain conditions and/or restrictions including, without limitation, being non-refundable, non-date-changeable and subject to cancellation and/or amendment fees. Travel documents cannot be transferred to another person to use. All airline tickets must be issued in the name of the passport/photo identity holder. An incorrect name on a booking may result in an inability to use that booking and the booking being cancelled, and boarding an air craft or entering the country of your destination being refused. Please review your travel documentation carefully and advise us immediately of any errors in names, dates or timings. If you have booked with a consultant, it is your responsibility to collect all travel documents from us prior to travel. As a general rule your travel documents, except for railway passes (including JR Passes), will be sent to you by email 2 weeks prior to departure, however this will depend on your individual arrangements. Railway passes including JR Passes will be posted to you or can be made available for collection from your consultant. Please contact your consultant to confirm when your travel documents are ready for collection or can be emailed to you. If you have booked online, you should print out and retain your travel documents as provided to you by the website.
17. Travel Advice
We recommend that you contact Department of Foreign Affairs and Trade of Australia or the Ministry of Foreign Affairs of Japan or visit their website at www.smarttraveller.gov.au or www.mofa.go.jp/announce for general travel advice, as well as specific advice, including safety alert levels relating to the destination you wish to visit. You can also register your travel plans with DFAT, so that you may be more easily contacted in any emergency.
18. Baggage
We recommend that you obtain and read the luggage entitlements and restrictions applied by the airline carriers, coach operators, tour operators and other service providers as they may have policies restricting the size, number, weight and dimensions of allowable luggage, both carryon and registered baggage. Some service providers may charge baggage fees if you carry luggage that exceeds the restrictions or allowances outlined in their policies.
19. Health
You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (e.g. proof of Yellow Fever vaccination) may deny you entry into a country. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel. General health advice for the destination you wish to visit is also available from DFAT (see www.smarttraveller.gov.au).
20. Travel Insurance
We strongly recommend that you take out appropriate travel insurance to cover your travel arrangements, including loss or damage to personal baggage, loss of money and emergency medical expenses for injury or illness during your travel. Travel insurance is also strongly recommended by the Department of Foreign Affairs and Trade for all overseas travel.
We are an authorised representative of Suresave, Australian Financial Services Licence No. 308461. You must obtain a Financial Services Guide/Product Disclosure Statement relating to the travel insurance product you are considering purchasing and should read that document before making any decision about whether to acquire the product. We can provide you with general information about the travel insurance options available to you. Ask your consultant or, for online bookings, visit www.actjapantravel.com.au or call (03) 9369 0358.
To take out travel insurance through us, contact your consultant or visit www.actjapantravel.com.au or call (03) 9369 0358. In order for us to arrange your insurance, you must confirm that you have read and understand the applicable Financial Services Guide/Product Disclosure Statement, and understand the limits on your cover and your duty of disclosure to the insurer. If you decline travel insurance, you may be required to sign a disclaimer.
21. Accuracy
We endeavour to ensure that all information contained in our website and brochures are accurate for all products promoted. However, maps and photographs are shown for general information only and may not reflect actual routings, locations or services provided. Whilst photographs display places in the geographic areas of the product we promote, such areas may not be included in your holiday package or the rout of your tour. Photographs showing hotel rooms are presented for general reference only and may not be specific to the actual room you booked for.
We reserve the right to correct any errors in rates quoted or miscalculated for any service quoted on our website, in our brochures or by our consultants.
22. Privacy Policy
We are committed to protecting your personal information in accordance with our privacy policy, which is available online at visit www.actjapantravel.com.au or in store. By providing personal information to us, you agree that our Privacy Policy will apply to how we handle your personal information and you consent to us collecting, using and disclosing your personal information as detailed in our Privacy Policy. In particular, you agree that in certain circumstances such as where you request us to book international travel for you, we are permitted to disclose your personal information to overseas recipients. Such recipients may include the overseas travel service providers, including without limitation airlines, accommodation or tour providers with whom you make a booking. These travel services will in most cases receive your personal information in the country in which they will provide the services to you or in which their business is based. We may also disclose your personal information to our overseas persons in connection with facilitation of your travel booking and/or to enable the performance of administrative and technical services by them on our behalf. Where we disclose your personal information to any person including any overseas recipients, you agree that we will not be required to ensure that person’s compliance with Australian privacy laws or otherwise be accountable for how they handle your personal information. When used above, the word “disclose” includes to transfer, share, send, or otherwise make available or accessible to another person or entity.
23. Copy Right
This website and each of its modules and all contents contained in this website are the copyrighted property of ACT Japan Travel, its affiliates, partners and/or its various third party providers and distributors, which are licenced to us. You agree not to copy, reproduce, republish, up load, post, transmit, distribute or otherwise communicate or cause to be displayed to the public any of the content found in this website without our prior written permission, except to the extent permitted by law and for personal non-commercial use.
24. Governing Law
All matters arising from or in connection with these booking terms and condition and the use of our website are governed by the laws of Australia. By accessing this website, you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Australia, and waive any right that you may have to object to an action being brought in those courts.
25. Your obligations and warranties
You warrant to us that you are 18 years of age or older, and have read and understood the above booking terms and conditions and our privacy policy, and by making a booking that you have the authority to accept and do accept on behalf of your party the above booking terms and conditions our privacy policy.
You warrant to us that you have considered acquiring comprehensive travel insurance and we are not responsible for any failure by you to acquire adequate insurance cover.
You warrant to us that you will use our booking services in accordance with these terms and condition and you will not use the booking services in any way to breach any laws or defame anyone.
You warrant to us that you will not at any time use another person’s information, identification or documents without their prior permission.
You warrant to us and agree to use this website for lawful purposes only. All unlawful use of this website including without limitation to any criminal offence, tampering with, changing or deleting information on this website, viewing obscene, indecent or pornographic material, advising misleading information or use of this website for unlawful personal or financial gain is punishable by law.