Terms and Conditions
1.0 WHO WE ARE
We are Oomi Travel Limited, trading as Unique Japan Tours and Unique Luxury Tours with a registered address at The Nutley Building (1F), Nutley Lane, Dublin 4, Ireland. Our contact telephone number is +353-(0)1-6787008 and office email firstname.lastname@example.org. We are the organiser of your package holiday. We are responsible for the proper performance of all travel services included in the booking.
References to “you” and “your” will include the lead name and all persons named on the booking.
Departure Date means the start date of your holiday as stated on the Letter of Confirmation.
Lead Name means, the person who is over 18 years of age and has the legal capacity and authority to book the package on behalf of those persons travelling on the booking and act on their behalf in relation to the booking.
Letter of Confirmation means, the letter of confirmation which we issue to you, confirming the details of our contract with you.
Tour Price means, the total price you pay to us for your holiday.
Unavoidable and Extraordinary Circumstances means a situation beyond our control (or your control, if you are invoking such a situation), the consequences of which could not have been avoided even if all reasonable measures had been taken, including warfare, other serious security problems such as terrorism, significant risks to human health, such as the outbreak of a 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 destination as agreed in your booking, natural disasters, fire or other destruction of any vessel, craft or vehicle to be used in connection with a holiday, riots, civil commotion, exercise of legislative, municipal, military or other authority, strikes, industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service supplier connected with a holiday, fraud perpetrated against us or any other reason beyond our control.
1.1 By signing these conditions You shall be deemed to have accepted and agreed that the supply of the Tour by the Company shall be in accordance with these conditions.
1.2 These conditions may only be varied when supplied in writing by the Company. The Company reserves the right to change or update these Conditions at any time without notice.
1.3 These conditions as well as the Companyʼs Letter of Confirmation act as the whole agreement made between You and the Company. Any promises or undertakings given prior to this are invalid whether oral or written.
1.4 It is Your responsibility to check that the details of the Tour and the Letter of Confirmation are accurate before signing this. In other words, any additional requests, not outlined in the letter of confirmation, are invalid.
2.0 MAKING A BOOKING WITH US
A booking is made when (i) we have received payment of the deposit in respect of each person travelling on the booking and (ii) we have issued our Letter of Confirmation. These terms and conditions and the contents of our brochure and/or website, together with the terms and conditions of any of our travel service providers, such as transport operators and accommodation providers, apply to the booking.
The lead name is responsible for ensuring the accuracy of the personal details or any other information supplied in respect of those travelling on the booking. We will only deal with the lead name in all subsequent correspondence, including changes, amendments and cancellations.
A deposit of up to 25% per person is required in order to make a booking. Deposits are non-refundable. Full payment is required 90 days prior to departure date. If we do not receive full payment by this date then we reserve the right to cancel the booking and charge applicable cancellation charges as outlined in clause 5.1 below. In the event of making a Booking less than 90 days prior to the Departure Date, full payment must be made within 7 days of receipt of your Letter of Confirmation. Until funds are cleared, payment will not be deemed valid.
4.1 If you change your booking
(i) Transferring your booking
You may transfer the package to another person, who satisfies all the conditions that apply to the booking, provided you give us at least 21 days written notice of the change, before the start of the package, and the transferee accepts our Booking Terms and Conditions. It should be noted that on a transfer, you and the transferee shall be jointly and severally liable for the payment of any balance due and for any additional fees, charges or other costs arising from the transfer. Changes to any flights will be subject to the terms and conditions of the specific airline.
(ii) Other changes to your booking:
If you wish to make changes to your booking after we have issued our Letter of Confirmation, we will make every attempt to facilitate you. Any request for a change must be made in writing. An administration fee of €25 will apply per service amended. If we are able to make the changes to your booking, we will make the appropriate price adjustments on the price of the holiday, by either refunding you the difference between the original price and the revised price or requesting payment of an increased amount. Once travel has commenced, no changes or alterations may be made by you and no refunds shall be made to you in respect of flights or other travel arrangements, which are not availed of.
4.2 Changes made by us
(i) Price Changes
We reserve the right to increase the price of your booking, after you have booked, but no later than 20 days start of the package, only where there is a change in:
- the price of the carriage of passengers resulting from the cost of fuel or other power sources;
- the level of taxes or fees on the travel services included in the booking, arising from the imposition by third parties, not directly involved in the performance of the package booked by you, including tourist taxes, landing taxes or embarkation of disembarkation fees at ports and airports
If any of the costs referred to above decrease, before the start of the package, you will be entitled to a price reduction and will receive a refund of the amount due less any administrative expenses we have incurred.
If the price increase exceeds 8% of the total price of your booking (excluding any insurance premiums or amendment charges), you can either: –
(a) accept the proposed change; or
(b) cancel your booking and receive a full refund of all the monies you have paid to us.
(ii) Changes other than price changes
Without prejudice to your statutory rights, we reserve the right to make changes to your holiday at any time.
If we make an insignificant change, we will inform you, as soon as we can, if there is time before your departure and you do not have an entitlement to compensation
Occasionally, after we have confirmed your booking, we have to make significant changes to your booking, such as a price increase of more than 8%, or a change to your holiday, which results in more than 12 hours change in the time of departure or return, or a change of accommodation, or in the type of accommodation offered, or some other significant alteration to any of the main characteristics of the travel services you have booked.
Where we have to make a significant change, we will inform you without undue delay and you will have the choice to: –
(a) accept the proposed change; or
(b) accept an alternative holiday, if available, and if the alternative holiday is of lower quality or cost, you shall be entitled to a refund of any price difference; or
(c) cancel your booking and receive a full refund of all the monies you have paid to us.
You must inform us of your choice within 7 days from the date upon which we notified you of the significant change. Where you accept the significant change or an alternative holiday, these Booking Terms and Conditions will continue to apply to your booking. If you do not respond to us within 7 days, we will assume that you are not accepting options (a) or (b) and you will only be entitled to a refund in accordance with option (c) above.
5.1 If you cancel your booking
(i) You may cancel your booking at any time before the start of your holiday in return for payment of the cancellation fees detailed in the table below. The date of cancellation shall be decided on the date of receipt by us, in writing, of your instruction to cancel the booking.
|Numbers of Days before Departure Date
|Cancellation Fee as a % of Tour Price
|Deposit plus 50% Tour Price
|Deposit plus 75% Tour Price
|14 days or less (or no show)
|Deposit plus 100% Tour Price
Deposits are non-refundable. Check with your travel insurance provider in the event you need to cancel. You may be entitled to reclaim these charges. Claims must be made directly with your insurance provider.
(ii) The date of cancellation shall be decided on the written notice given to the Company by You detailing the cancellation request. (iii) If your package includes an international flight ticket, cancellation charges will be at the discretion of each individual airline. You should be aware of all flight cancellation policies before making payment to any airline.
(iv) Cancellations due to airport closures in your country or the destination you are traveling to due to a natural disaster will be handled on a case by case basis where an alternative cancelation policy may become in effect. If you are able to fly the day after your original departure date or 2 -3 days later, your tour can be altered to suit your arrival date at no extra charge. In all cases, booking deposits are non-refundable.
(v) Cancellations due to force majeure (unforeseen events preventing travel such as; terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, flood, epidemic, closure of airports or airspace, civil unrest, war, or any other event outside of our control). Regretfully, the Company cannot hold any liability in these circumstances. Any changes to the obligations under our contract with you, will be treated on a case-by-case basis.
5.2 If we cancel your booking
Without prejudice to your statutory rights, we reserve the right to make changes to your holiday arrangements at any time, including, when we have advised you of the minimum number required in order for your booking to proceed and the number of persons booked is smaller than that minimum number. Depending on the duration of your holiday, we will advise you as follows:
|Duration of your package
|Notice of cancellation
|More than 6 days
|20 days before departure
|Between 2 and 6 days
|7 days before departure
|Less than 2 days
|48 hours before departure
If we cancel your booking, and unless the reason for the cancellation was due to unavoidable and extraordinary circumstances, or because the minimum number of persons required for the package to proceed has not been reached, or for non-payment of your balance, we will pay you compensation in accordance with clause 6 below.
6.0 COMPENSATION – SIGNIFICANT CHANGES/CANCELLATION
Where we cancel your booking or where you do not accept a significant change (see Clause 4.2(ii) above) and choose to cancel your booking we will pay you compensation in accordance with the scale set out in the box below
|Period before departure when significant change or cancellation is notified
|Compensation payable per person
|30 days or more prior
|14 – 29 days prior
|13 days prior
You will not be entitled to compensation where the cancellation or significant change is due to unavoidable and extraordinary circumstances.
7.0 SPECIAL REQUESTS
Special requests (e.g. ground floor accommodation, sea view, dietary requirements etc.) shall be communicated by you in writing to us at the time of making the booking. We will do our best to fulfil such requests. The granting of such requests is the sole responsibility of the relevant supplier. No liability shall attach to us for failure to comply with a special request and such requests do not form part of the contract.
8.0 PERSONS WITH SPECIAL NEEDS
It shall be the lead name’s responsibility to disclose to us, prior to booking, any physical or mental condition of a member of the party which may be relevant. We may require the member of the party to produce a doctor’s certificate, certifying that the person in question is fit to participate. If we are unable to properly accommodate the needs of the person concerned, we will not confirm the booking for that person or if we were not provided with full details at the time of booking, we will cancel the booking in respect of that person and impose applicable cancellation charges when we become aware of these details.
9.0 TRAVEL INSURANCE
It is a condition of booking that you and all members of your party, including infants and children, are covered either by an adequate travel insurance policy, which covers medical expenses, personal accident, baggage and emergency repatriation before you enter into this contract with us.
10.0 OUR RESPONSIBILITY TO YOU
We are responsible for the proper performance of all travel services included in your booking. You must inform us, without undue delay of any failure on our part or our travel service providers’ part to perform or properly performance any of the travel services included in your booking. If we don’t remedy the problem within a reasonable time period, you may be entitled to an appropriate price reduction and/or compensation.
We shall not be liable for any failure to perform or improper performance of the contract where the failure or improper performance is, (i) attributable to you or (ii) attributable to a third party unconnected with the provision of the travel services included in your booking and is unforeseeable and unavoidable or (iii) is due to unavoidable and extraordinary circumstances.
Limitation of Our Liability
In the case of damage other than death or personal injury or damage caused by defamation or by damage caused intentionally or negligently on our part or that of our travel service providers, the amount of compensation which we will pay to you will be limited to the cost of the holiday.
Also, our liability will not exceed any limitation applicable under any international convention governing or relating to the provision of the service complained of in the place of where they are performed or due to be performed, even if that convention has not been ratified or applied in Ireland.
For international transport by air, the provisions of the Warsaw Convention/ the Montréal Convention may apply. For international transport by water, the provisions of the Athens Convention may apply. In respect of rail travel, the Berne Convention, in respect of carriage by road, the Geneva Convention; and, in respect of hotels, the Paris Convention may apply.
This means that we are to be regarded as having all benefits of any limitations of liability contained in any of these conventions or any other international conventions applicable to your holiday. Further, the operating carrier or transport operator’s conditions of carriage will apply to you and form part of your contract with us and with the transport company or carrier.
A copy of the conditions of carriage applicable to the holiday and the conventions referred to above, can be supplied on request. We are entitled to deduct any money which you receive or are entitled to receive from the relevant supplier from any payments we may make to you.
In the event of any liability on our part for injury, illness or death, no payment will be made unless the following conditions are complied with:
(i) you must advise us in relation to the injury or illness while on tour and must also write to us within 28 days of the completion of the holiday;
(ii) you transfer any rights that you may have, in respect of such injury, illness or death against any person to us or our insurers;
(iii) you must co-operate fully with us to enable us or our insurers to enforce such rights.
Identity of Air Carriers
We are obliged to inform you, at the time of booking, of the identity of the operating carrier(s) which is/are due to perform, or likely to perform, your flight and if there are any changes to the operating air carrier(s) we are obliged to inform you of any such change(s) as soon as possible. If we don’t know the identity of the operating carrier(s) at the time of booking, we must inform you of same as soon as such identity is established. In all cases, we are obliged to inform you of the identity of the operating air carrier at check-in or on boarding, where no check-in is required for a connecting flight. In accordance with EU Directive- (EC) No. 2111/2005, we are required to bring to your attention the existence of a ‘Community Blacklist’ which contains details of air carriers that are subject to an operating ban within the EU Community. The EU Community list is available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.tme
EU Regulation 261/04
If your flight is cancelled or delayed, you flight ticket is downgraded or boarding is denied by your airline, in circumstances which would entitle you to claim compensation against the airline under EU Regulation 261/04 (‘Reg 261/04’), you must pursue the airline for compensation due to you. Reimbursement of the cost of a flight that forms part of your holiday does not automatically entitle you to reimbursement of the cost of your holiday from us. We have no liability to make any payment to you in relation to Reg 261/04. 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. If the airline does not comply with its obligations under Reg 261/04, you should report this to the Commission for Aviation Regulation, further information can be found at https://www.flightrights.ie/. To avoid over- compensation, we are entitled to deduct any money which you have received or are entitled to receive from the carrier under Reg 261/04 from any compensation payments we make to you.
Where as a result of your actions either or both of the following incidents occur: (i) there is a delay or diversion to the means of transportation included in the package, (ii) the accommodation in which you are staying damaged, you agree to indemnify us against any claim (including legal costs) made against us in relation to the occurrence of such incidents.
We reserve the right to terminate the package contract with you if your behaviour or conduct either prior to or during a holiday is likely to endanger your safety or wellbeing or ours (including our representatives, contractors, agents and employees) or that of others and the cancellation charges as provided for in Clause 5.1 are payable by you.
11.0 YOUR RESPONSIBILITY
(i) You must read all documentation prior to the Departure Date including Your Letter of Confirmation and Terms & Conditions. If You find fault in any document You must notify the Company who will respond as soon as possible.
(ii) You are responsible for ensuring that all members of Your travel group are in possession of a valid passport and a visa for the destination where applicable. If You or Your travel party members are not granted permission to enter Japan or obtain a valid visa, the Company holds no responsibility for this. If such refusal occurs and the Tour is cancelled, Clause 5.1 will take effect.
(iii) If You have existing medical conditions You are advised to visit a doctor prior to Departure Date. The Company holds no responsibility for illness obtained during the course of Your Tour. It is up to You to ensure You have taken the correct and safe medical precautions when traveling to Japan.
During your holiday
In the unlikely event You wish to make a complaint in relation to the Tour, the Lead Name should, inform the local supplier, without undue delay, (i.e. coach company, hotelier), if the supplier is unable to remedy the situation, to your satisfaction, please contact our Emergency Team on the ground, using the contact details we have provided to you in your Final Letter. You should also notify your Travel Consultant in writing by email to email@example.com and we will do our best to resolve any problems.
When you return
If the matter is not resolved or cannot be resolved, while you are away, then you should follow this up, by writing to us, within 28 days from returning from your holiday.
13.0 INSOLVENCY PROTECTION ARRANGEMENTS
The Package Holidays and Travel Trade Act, 1995 requires us to provide security for the package holidays booked with us and for your repatriation in the event of our insolvency.
For all land based packages, an insurance policy has been arranged with International Passenger Protection to protect customers’ prepayments in the unlikely event of our financial failure, and paid in respect of:
Packages sold to customers with departure worldwide :-
– a refund of such prepayments if customers have not yet travelled, or
– making arrangements to enable the holiday to continue if customers have already travelled
– repatriation of customers as may be applicable, subject to the terms of the insurance policy.
In the unlikely event of financial failure please contact the claims helpline +31 103120666 or Email: firstname.lastname@example.org.
A copy of the policy is available on request. This insurance is underwritten by Liberty Mutual Insurance Europe SE (LMIE) trading as Liberty Specialty Markets, a member of the Liberty Mutual Insurance Group. LMIE’s registered office: 5-7 rue Leon Laval, L-3372, Leudelange, Grand Duchy of Luxembourg, Registered Number B232280 (Registre de Commerce et des Sociétés). LMIE is a European public limited liability company and is supervised by the Commissariat aux Assurances and licensed by the Luxembourg Minister of Finance as an insurance and reinsurance company.
14.0 LOCAL EMERGENCY ASSISTANCE
If you are in difficulties and you have contacted us looking for assistance, we will provide you with appropriate assistance, without undue delay, in particular by:
- providing appropriate information on health services, local authorities and consular assistance; and
- assisting you in making distance communications and helping you find alternative travel arrangements.
If the difficulty for which you require assistance was caused intentionally by you or through your negligence, we shall not be liable for the costs of any alternative travel arrangements or other such assistance you require and we reserve the right to charge you a reasonable fee for any assistance we provide, which will not exceed the actual costs we incur.
15.0 PASSPORTS, VISAS, PASSENGER NAMES & HEALTH FORMALITIES
Passports, Visas & Passenger Names
It is your responsibility to check with the relevant Embassies and/or Consulates for your specific passport, visa and immigration requirements and to comply with these requirements. Most countries require passports to be valid for at least 6 months after the date of your return. We do not accept any responsibility if you cannot travel or suffer any other loss because you have not complied with these. Up to date travel advice can be obtained from the Department of Foreign Affairs, www.dfa.ie/travelwise. You agree to reimburse us in relation to any fines or other losses we incur as a result of your failure to comply with any such requirements.
It is the Lead Name’s responsibility to ensure that all passenger names provided to us at the time of booking are as per passport and they must be in typed format and submitted to us via email or post. If any changes are to be made once airline seats have been purchased then name change fees will apply, see Clause 4.1(i) above.
For some of our destinations, you will need vaccinations. You should contact your doctor at least 3 months before you’re due to go away. Some treatments, for malaria for example, should begin well before you go. If you’re booking within 3 weeks of your departure, speak to your doctor before you book. If the destination you are traveling requires Covid vaccinations and/or booster shots, it is your responsibility to ensure you are up to date.
16.0 DATA PROTECTION & PRIVACY
17.0 GOVERNING LAW AND JURISTICTION
These Booking Terms and Conditions and any agreement to which they apply shall be governed by and construed in accordance with the laws of Ireland and each of the parties hereby submits to the exclusive jurisdiction of the Courts of Ireland regarding any matter arising from or touching upon these booking terms and conditions and any agreement to which they apply.