1. The Tour Operator

The operator of this tour is MCI Travel Limited; a limited company registered in the Province of Ontario with Head Office located at 147 Liberty Street, Toronto, Ontario, Canada M6K 3G3. MCI Travel Limited is a registered Travel Agent and Tour Operator under the laws of Ontario Travel Industry Act 2002 (Reg. Retail 02326367, Wholesale 2710362) doing business under the brand Japan World Tours (JWT). The short form JWT will be used for the remainder of this document to refer to the above legal entity.

 

2. Reservation and Deposit

To secure a booking, JWT requires a completed booking form together with a deposit of CAD $500 per person (or as specified in the itinerary proposal) or full payment if travel is within 70 days. This payment is deemed to be confirmation that the client has read and accepts JWT Terms and Conditions. Clients booking and making payment by telephone, fax, email or over the internet will be deemed to have read the Terms and Conditions and accepted them. A booking is accepted and becomes definite only from the date when JWT has confirmed acceptance by issuing a written Booking Confirmation.   It is at this point that a contract between JWT and the Client comes into existence.  Before your booking is confirmed and the contract comes into force, JWT reserves the right to increase or decrease tour prices. JWT reserves the right to decline any booking at their discretion. The contract is between JWT and the Client, being all persons named in the booking as travelling or intending to travel with JWT. The person making the booking (who is subject to these terms) warrants that he or she has full authority to do so on behalf of all persons named, and confirms that all such persons are fully aware of and accept these conditions. No employee of JWT other than a director has the authority to vary or omit any of these terms or promise any discount or refund. 

 

3. Payment

The balance of all moneys due, including any surcharges applicable at that time, must be paid to JWT not later than 70 days before the trip start date. In the case of non payment of the balance by the due date, JWT will treat the booking as cancelled by the Client.

 

4. Changes

Any changes to the original booking must be confirmed in writing by the person who made the original booking and be accompanied by an administration fee of CAD$500 per booking in addition to the cost of any extra services required. While every reasonable effort will be made to accommodate changes and additional requests, their availability cannot be guaranteed. A change of departure date and/or to another tour must be requested in writing by the person who made the original booking and must be accompanied by an administration fee of $500 unless the request is within 70 days of departure in which case the cancellation fees will be applied as detailed in paragraph 6 below.

 

5. Substitution of Client

If any member of the party is prevented from travelling because of death, injury, or serious illness of a passenger, close relative or friend, redundancy, or jury service, it may be possible to transfer the booking to another suitable person provided that written notice is given at least one calendar month prior to departure. An administration fee of CAD$150 per person will be levied plus any costs imposed by JWT’s suppliers. Airlines may impose 100% cancellation charges plus the costs of a new ticket.

 

6. Cancellation

JWT reserves the right to cancel the trip at any time for any reason but endeavors not to cancel the trip less than 60 days before departure except for force majeure, unusual or unforeseen circumstances outside the company’s control.  In such circumstances, refund of all payments received by JWT shall constitute full settlement.  JWT is not responsible for any additional costs incurred on revised travel arrangements, airline penalties and change fees, reissuance and extension of visas due to a trip being cancelled. 

The Client may cancel the booking at any time provided that the cancellation is communicated to JWT in writing. Written notification is essential even if verbal notification to cancel has been given. Cancellation charges will be applied as shown below, calculated from the date the written notification is received by JWT (unless otherwise advised).

Prior to tour start date	CANCELLATION PENALTY
70 days	Forfeit of deposit
69 – 35 days	50% of total tour cost
34 days or less	100% of total tour cost

In addition to the charges shown above, airlines may impose 100% cancellation charges.  Note that certain trips may have different cancellation penalties which will be detailed on your invoice and will supersede of the terms above. There will be no discounts or refunds for missed or unused services including voluntary or involuntary termination/ premature departure from tour.

 

 7. Guaranteed Departures and Minimum Numbers

Trips which are not group tours are guaranteed to operate once the booking is confirmed in writing. Unless otherwise mentioned, all group tours are guaranteed to operate once a minimum number of 10 participants are booked. Where minimum numbers have not been achieved on a given departure, the tour may be cancelled.

 

 8. Tour Prices and Fluctuations

Prices are based on costs effective on the date of the trip being published or the date a quote is given in writing.  JWT reserves the right to change prices to take into account fluctuations in exchange rates, transportation costs, fuel costs, local operator costs, airfares, airport fees.

 

 9. Changes to Itinerary

JWT will take every measure to ensure the accuracy of itineraries and operate all the tours as advertised.  However circumstances beyond our control may necessitate changes to tour content and tour dates. JWT also reserves the right to change carriers and substitute hotels with properties of similar standard when necessary.

 

10. Travel Insurance

The tour price does not include any insurance coverage.  JWT strongly recommends the purchase of a comprehensive package policy to protect your tour investment in the event of medical emergencies, lost baggage, tour cancellation, or any other unforeseen circumstances during or prior to the trip. Emergency medical insurance is mandatory for all Clients while on a tour organized by JWT.  The policy should have a minimum medical coverage of US$200,000 including personal illness, injury, medical expenses, repatriation expenses and evacuation expenses. Clients are wholly responsible for arranging their own insurance.  JWT is able to assist Clients in obtaining a suitable insurance policy and where the Client declines to purchase the policy offered by JWT, he or she will be required to complete and sign an indemnity form absolving JWT of all possible liabilities that may arise due to the failure to take out adequate insurance coverage.  The travel insurance coverage automatically provided with credit card purchases may not provide adequate coverage. Proof of adequate insurance will be requested at time of final payment.  Failure to provide this may result in the Client’s booking being cancelled.

 

 11. Passports, Visas and Vaccinations

It is the responsibility of the Client to be in possession of a valid passport, visa permits, inoculations and preventative medicines as may be required for the duration of the tour.  Information about these matters or related items is given in good faith but without responsibility on the part of JWT.

 

12. Age, fitness and participation

All clients are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen tour. No unaccompanied minors (those under 18 years of age) can be accepted on tours operated by JWT, however older teenagers maybe considered provided they are accompanied by a parent or a guardian who accepts full responsibility for them.  JWT reserves the absolute right to decline a booking at their discretion. Clients agree to accept the authority and decisions of JWT’s employees, tour leaders and agents while on tour with JWT.  If in the opinion of such person the health or conduct of the Client before or after departure appears likely to endanger the safe, comfortable or happy progress of the tour, the Client may be excluded from all or part of the tour. In the case of ill health JWT may make such arrangements as it sees fit and recover the cost thereof from the Client.

 13. Local Laws

All participants on tours operated by JWT are expected to obey the laws and regulations of the countries visited and any failure to do so will relieve JWT of all obligations that they may otherwise have under these booking conditions.

 

 14. Illnesses or Disability

Anyone suffering from illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of the booking and make arrangements for the provision of any medication or other treatment which may be required during the tour. Failure to make such disclosure may constitute a breach of these booking conditions and result in such persons being excluded from the tour, in which case all moneys paid will be forfeited.

 

15. Customer Service and Feedback

If the Client has a complaint about any of the tour arrangements, the Client must bring it to the attention of the tour leader or other representative of JWT at the time so that they may attempt to rectify the situation. It is only if JWT is made aware of any problems that there will be the opportunity to make things right.  Failure to complain on the spot will result in the Client’s ability to claim compensation from JWT being extinguished or at least reduced. Should the problem remain unsolved a complaint must be made in writing to JWT within 30 days of the completion of the tour.

 

 16. Acceptance of Risk

The Client understands and accepts that the proposed tour could travel to geographical areas where amongst other things, the standard of accommodation, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard the Client is used to at home.  The Client also accepts that such areas can be subject to unfavourable political, health and climatic conditions.

 

17. Our responsibility

JWT (its owners, officers, agents and employees) acts only as agents for the operators, outfitters, owners, contractors and suppliers used in conjunction with its tour program.  JWT accepts bookings on behalf of the client on the condition that JWT (its owners, officers, agents and employees) accepts no responsibility for any act, default, injury (including death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused by reason of defect or through the acts of default of any company or person engaged in carrying out arrangements of the tour.

 

18. Limitation of Liability, Release and Indemnity

The Client accepts the inherent risks of travelling on a tour with JWT and assumes full responsibility for any loss, injury, death or damage to them, their family or their dependents arising in connection with their participation or the participation of their family on JWT tours. Clients should have their own insurance appropriate to their needs and the needs of their family or dependents in respect of such loss, injury, death or damage. Although JWT endeavours to choose appropriate independent suppliers to provide services on the trips, JWT has no right to control their operations and therefore makes travel arrangements for the trips on the condition that JWT (its owners, officers, agents and employees) will not be liable for any act or omission of any independent supplier or any related third party. The services provided by independent suppliers are subject to the laws of the place where the services are provided and any conditions imposed by those suppliers.  The liability of the independent suppliers may be limited by their tariffs, conditions of carriage, tickets and vouchers, and international conventions and agreements.  

The cost of all JWT tours is based on the Client agreeing to this Limitation of Liability, Release and Indemnity. In consideration for participating in the trips, the Client agrees not to sue JWT (its owners, officers, agents and employees) in respect of, and forever releases them from, all liability for economic loss and physical or mental injury, direct or indirect, arising in connection with the tour including, without limitation, permanent disability and death; any emotional distress; any loss of services, financial support, aid, consortium or companionship; and any damage to or loss of property – in each case even if caused in whole or in part by the conduct, including the negligence, of JWT, except where such loss, injury or damage is caused by reckless or fraudulent conduct on the part of JWT or their employees, guides, shareholders, officers or directors, in which case the Client retains the right to sue only JWT in respect of that conduct. 

The Client further agrees that they will indemnify and hold JWT (its owners, officers, agents and employees) harmless in respect of any claims arising in connection with the tour made by: i) third parties, which arise from the misconduct of the Client; ii) the Client’s family members, dependents or heirs, iii) third parties, which the Client, their estate, their family members, dependents or heirs have sued, if damages are recovered from such third parties, to the extent the third party obtains any indemnification from JWT; except where the loss, injury, death or damage is caused by the reckless or fraudulent conduct on the part of JWT, or their employees, guides, shareholders, officers or directors. 

JWT reserves the right to decline accepting or retaining any Client whose health or actions in JWTs’ sole judgement impedes the operation of a trip or the welfare or enjoyment of fellow travellers. In further consideration for participating in the trip, the Client agrees that JWT, or their designate, may use any photographic or film records of the trips for promotional and/or commercial purposes, without any remuneration to the Client. The Client agrees to assign all right, title and interest they may have in or to any media in which their name or likeness might be used by JWT. 

This Limitation of Liability, Release and Indemnity is binding upon all members of the Client’s family, dependents, estate, heirs, successors and legal personal representatives. Any claim or dispute arising out of or relating to this Limitation of Liability, Release and Indemnity or its interpretation, the trip, or the Client’s relationship with JWT will be resolved exclusively in the courts of the Province of Ontario and will be governed exclusively by Ontario la50