Effective April 1, 2022
Welcome to Japan Personal Tours!
Please read these “Terms and Conditions” carefully as they contain important information about your legal rights and obligations.
We are a travel agency or a tour operator, and we provide tours ourselves.
IMPORTANT: PLEASE REVIEW THE LITIGATION CLASS ACTION WAIVER PROVISION CONTAINED HEREIN, AS IT REQUIRES THE PARTIES TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE AND/OR THE SERVICES.
1. Introduction.
These Terms and Conditions, as may be modified and amended from time to time, sets forth the terms on which:
(a) Tomo Planz Inc., located at ASTEM BLD. 8F 8D16 134 Chudoji Minamimachi, Shimogyo ku, Kyoto Japan (“Japan Personal Tours”, “We”, “us” or “our”) provides services (“Services”) through its ebsite accessible via the japanpersonaltours.com website and/or over the phone and/or by email;
(b) to any person (“You”) that accesses the Site and/or uses our Services, which includes booking guided tours and related services (the “Tours”) from independent tour guides (the “Guides”).
2. Acceptance of These Terms and Conditions.
When You access the Site and/or use our Services, You hereby represent and warrant that:
(a) You have read, understand, and agree to comply with and be bound by these Terms and Conditions;
(b) You are an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country in which You are established;
(c) You are able to enter into legally binding contracts; and
(d) You are not forbidden by Japan Personal Tours to access and/or use the Site.
If You do not agree to be bound by these Terms and Conditions, You may not access and/or use the Site and/or our Services and should immediately leave the Site.
These Terms and Conditions should be read together with the Cancellation Policy and Privacy Policy, as they are incorporated by reference into these Terms and Conditions.
3. Scope of Japan Personal Tours Services.
We operate the Site, which is an online platform which allows You to search and book Tours, post reviews and process payments.
We are constantly updating our Site and its functionalities. Therefore, We may modify and/or delete any functionality on the Site and/or introduce new ones from time to time.
4. Booking.
The Site lists many Tours and You can send the booking requests. We are free to accept or reject your booking requests.
You shall review the Tour Terms before making a booking request to us. Once your booking request is accepted by us, You will be bound by the Tour Terms. These Terms and Conditions will prevail over the Tour Terms with respect to your relationship with Japan Personal Tours.
You understand and agree that due to the ongoing disruptions related to the Covid-19 pandemic the Tours itineraries may be subject to changes that are out of the control of the Guide. You agree that only changes that substantially impact the Tour itinerary will entitle You to cancel such Tour without cost.
5. Live Virtual Tours.
If You book a live virtual tour on our Site You agree with the following:
(a) hand-picked staff of Japan Personal Tours may randomly access any virtual tour session for technical quality purposes;
(b) the Guide owns or otherwise controls all of the rights to the live virtual tour and grants You a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license to access and use the live virtual tour for personal and non commercial purposes only; and
(c) Japan Personal Tours is not responsible for any damages or technical malfunction of any hardware, network, or systems related to, or resulting from, the participation in a live virtual tour, including any injury or damage to any participant and to any person’s computer.
6. Payment.
You will make payment of bookings by credit card or other form of payment available through the Site. We do not store credit card information. Japan Personal Tours uses a third party service to process your payment information for all transactions made through Japan Personal Tours. You authorize Japan Personal Tours and its payment service partners to process your payments. These payment processing services are governed by the terms and conditions of those third party services and will apply to the payments You make through their system.
Each Tour is displayed in its Japanese currency. Your bank or credit card company may apply different commissions and charges when selecting a currency other than your local currency.
7. Your Reviews.
You may have access to post Tours’ ratings and reviews (“Reviews”) and the Guides may respond to such Reviews. By uploading, posting or otherwise making available your Reviews on or through the Site, You:
(a) Grant to Us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to your Reviews to access, use, reproduce, display, perform, adapt, create derivative works, modify, distribute, and promote your Reviews in any form, anywhere, in connection with Japan Personal Tours’ business, without your prior approval and/or notification. This license shall survive termination of your Traveler’s Account on the Site.
(b) Warrant and represent that You own or otherwise control all of the rights to your Reviews and that use of your Reviews by Japan Personal Tours does not violate the rights of any third party;
(c) In the event that your Reviews provided by You to Japan Personal Tours violates the rights of a third party, You agree to indemnify Japan Personal Tours against any losses and liabilities that may result from the action of such third party against Japan Personal Tours;
(d) Understand that other users of the Site will access your Reviews.
You will not upload, publish, and/or send any Review that: (i) is fraudulent, false, or misleading; (ii) is defamatory, obscene, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any Guide and/or user; (iv) promotes illegal or harmful activities, or (v) includes contact details.
We reserve the right to remove or modify, without prior notice, any Reviews alleged to infringe any intellectual property rights, or that violate these Terms and Conditions, and/or unpublish any Tours containing such Reviews.
Reviews reflect the opinions of the users of the Site and do not reflect the opinion of Japan Personal Tours. Japan Personal Tours may verify Reviews for accuracy but does not warrant they are correct or accurate. Japan Personal Tours shall have no liability for Reviews or for any claims resulting from such Reviews.
8. Cancellation Policy.
You agree with the terms of the Cancellation Policy and understand that any cancellation by You or by a Guide, and any related refund, will be processed in accordance with the Cancellation Policy in force at the time of your booking.
Japan Personal Tours may cancel any booking, in its sole discretion, if We believe in good faith that such cancellation is necessary to prevent or reduce any damages to any user of the Site and/or to Japan Personal Tours, or if the Guide’s Account is cancelled or suspended. We will reimburse and/or refund You and/or the Guide in accordance with the reasons for cancellation and with the Cancellation Policy. We will share the contact details between You and the Guide if the Guide’s Account is cancelled and You may choose to continue with your booking outside our Site.
Refunds will be sent back to the original payment method used in making the booking. Depending on the bank’s processing time, it can take 10 business days for the refunds to reflect in your bank account or card balance.
Japan Personal Tours and the Guides are not responsible for any incidental expenses You and/or any other participant may have directly or indirectly incurred as a result of the booking of a Tour. These expenses include, but are not limited to, the cost of visas, accommodation, vehicle rental, vaccinations, flights and/or loss of enjoyment.
9. Rules of the Site.
You agree to the following provisions:
(a) Use of the Site. The Site shall be used for the purposes indicated herein and not for any illegal or unauthorized purposes. You may not use the Site to recruit, solicit, or contact Guides for business offers. Also, You may not use the Site to engage in harassing, stalking or any other inappropriate conducts.
(b) Contact Details. You agree not to give any personal contact details including full name, phone number, email, and/or social networks to the Guides before they accept a booking request.
(c) Communication with Us. You agree that Japan Personal Tours and the Guides may contact You via email, text messages, calls, and automated calls, to the phone number and email addresses You provide in your Traveler’s Account or otherwise provided to Us, to communicate to You, including but not limited to, any updates, changes, and/or important information related to any bookings.
(d) Guides’ Information. You agree that You will not use the Guide’s information for any purpose other than to participate in a Tour or in connection to other services contracted through the Site.
(e) Customer Disputes. You agree to work in good faith with Japan Personal Tours to address any customer disputes or complaints. If there are any issues that cannot be resolved directly with the Guide, You may contact Japan Personal Tours and we will attempt to help resolve the issue. We do not control the performance of the Guides nor their services and We do not guarantee to be able to resolve any given dispute.
(f) Purchase of Goods During a Tour. You should exercise caution if you purchase any goods during a Tour. Japan Personal Tours does not design any Tour, is not aware of any goods available for purchase during a Tour and does not make any claims about the quality, source or other provenance of any goods which may be available for purchase during a Tour.
(g) Unauthorized Access to the Site: You will not use the Site and/or Services in any manner that could damage, disable, overburden or impair the functioning of the Site, use data mining or any other method to extract data, apply reverse engineering, or access areas of the Site which You are not authorized to access.
(h) Surveys. You agree that by submitting any ideas, suggestions, and/or opinions (“Opinions”) to Us through our surveys and/or any other alternative means You represent and warrant that you have all rights necessary to submit your Opinions and You hereby grant to Japan Personal Tours a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to access, use, reproduce, display, perform, adapt, and distribute your Opinion in any form, anywhere, in connection with Japan Personal Tours’ business, without your prior approval and/or notification. This license shall survive termination of your Traveler’s Account on the Site.
(j) Links to other websites. The Site may contain links to third-party websites which are subject to different terms and conditions. We are not liable for, nor endorse, the content and/or services available through those websites. We recommend that You read and get familiarized with the terms and conditions of such websites.
10. Acceptance of Risk and Waiver of Liability.
We urge You to obtain suitable medical insurance prior to booking a Tour.
You acknowledge that all travel involves an element of risk. Also, some Tours may be adventurous in nature and may involve a significant amount of personal risk. We encourage You to ask the Guides for information and fully educate yourself about any risks, skills and level of fitness inherent to the Tour.
Also, We strongly encourage You to search for information about your destination to determine the level of risk when travelling to certain areas. We do not make any representation and/or warranty about any risk associated with any travel destination and We are not liable for any damage or loss that may arise out of, or in connection with, any such destination.
You hereby assume all such risk and You, your estate, your family, heirs and assigns hereby agree to release and hold harmless Japan Personal Tours, its parent, subsidiaries, affiliates, directors, and employees (“Japan Personal Tours Group”) from all liabilities and claims that arise from damages of every kind and nature, known and unknown, both pecuniary and non-pecuniary, including but not limited to, illness, bodily injury, disability and death to You and/or any other Tour participant, that may arise out of, or in connection with, the participation in a Tour.
11. Disclaimer.
THE Japan Personal Tours DOES NOT TAKE ANY RESPONSIBILITY AND IS NOT LIABLE FOR, AND THE GUIDE IS SOLELY AND EXCLUSIVELY RESPONSIBLE FOR, ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES OR EXPENSES, ARISING OUT OF, OR IN CONNECTION WITH, WITHOUT LIMITATION, (I) THE DELIVERY OF ANY TOUR, (II) THE PERFORMANCE OF THE GUIDE OR FAILURE TO PERFORM THE TOUR AND/OR THE GUIDE’S SERVICES, (III) ANY TRANSPORTATION SERVICE ASSOCIATED TO ANY TOUR, (IV) ANY OTHER SERVICE OFFERED OR DELIVERED BY THE GUIDE, (V) THE GUIDE’S ACTS OR OMISSIONS, REPRESENTATIONS, WARRANTIES, NEGLIGENCE, GROSS NEGLIGENCE OR WILFUL MISCONDUCT AND (IV) PERSONAL, BODILY INJURY, DEATH, PROPERTY DAMAGE TO YOU, THE GUIDE OR ANY OTHER PARTY. THE Japan Personal Tours GROUP’S RESPONSIBILITY IS LIMITED TO LISTING AND MAKING AVAILABLE THE TOURS AND OTHER ANCILLARY SERVICES THROUGH THE SITE.
DUE TO THE NATURE OF Japan Personal Tours SERVICES, Japan Personal Tours DOES NOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SITE. THE SITE IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Japan Personal Tours DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, Japan Personal Tours MAY RESTRICT THE AVAILABILITY OF THE SITE IF THIS IS NECESSARY IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF OUR SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES FOR THE PROPER OR IMPROVED, MODIFIED OR ENHANCED FUNCTIONING OF THE SITE.
12. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT THE Japan Personal Tours GROUP SHALL EITHER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LIABILITIES WHETHER IN ACTION BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY SUCH PARTY.
In no event shall Japan Personal Tour Group’s liability to you or any other person arising out of or in connection with these Terms of Use or Sites exceed the total amount you paid for a particular booking. .. For responsibilities not related to a particular booking, USD 100, if applicable. The limitations of this section shall survive and apply even if the limited remedies for these terms fail to achieve their essential purpose.
13. Your Liability and Indemnification.
You agree to defend, indemnify, and hold harmless the Japan Personal Tours Group from all liabilities, claims, losses and expenses, including attorney’s fees, that may arise, directly or indirectly from, as a result of or in connection with (i) your use of the Site and/or the Services and/or your participation in a Tour, including any damages, whether to persons or property, or death to any person, (ii) your Reviews, and (iii) any violation by You of these Terms and Conditions, including any infringement of any rights of third parties. The Japan Personal Tours Group reserves the right, at its own expense, to assume the exclusive defense and control of any claim subject to indemnification by You, in which case You agree to cooperate with the Japan Personal Tours Group in asserting any available defenses.
14. Intellectual Property.
The Site is protected by copyright, trademark, and/or other laws. All trademarks and logos used on or in connection with the Site are trademarks or registered trademarks of Japan Personal Tours.
You acknowledge and agree that the Site and all its components, texts, graphics, data, designs, look and feel, photographs, sounds, images, software, videos, and other content, including all associated intellectual property rights (“Proprietary Material”), are the exclusive property of Japan Personal Tours and/or its licensors or authorizing third-parties, and is protected in all forms, media and technologies. You may not copy, download, use, edit or retransmit any Proprietary Material, in whole or in part, without the prior written permission of Japan Personal Tours.
15. Force Majeure.
We shall be relieved from liability for partial or complete failure to fulfill obligations under these Terms and Conditions due to force majeure circumstances. In case of force majeure, We shall notify You on the commencement and cessation of circumstances preventing Us from fulfilling our obligations.
16. Amendments to the Terms.
Japan Personal Tours may modify these Terms and Conditions from time to time in its sole discretion. If we make changes to these Terms and Conditions, we will post the updated Terms and Conditions on the Site. If You continue accessing the Site and using the Services, then You are deemed to have accepted the amended Terms and Conditions. If You do not agree to the amended Terms and Conditions, You will terminate these Terms and Conditions before the date they become effective, and will stop accessing the Site and using our Services.
17. Term and Termination.
These Terms and Conditions will become effective immediately upon your use of the Site and/or our Services and shall remain effective unless terminated by either party as provided hereunder.
You may terminate these Terms and Conditions at any time by sending us an email, which shall be effective immediately upon delivery of such notice. If You terminate these Terms and Conditions, your account will be automatically cancelled, all bookings from You will be cancelled and any refund and/or payment to the Guide will be made in accordance with the Cancellation Policy.
Japan Personal Tours may terminate these Terms and Conditions for convenience at any time by sending You an email to your registered email address, which shall be effective immediately upon delivery of such notice. If We terminate these Terms and Conditions, We may cancel any of your bookings and refund You the amounts previously paid for those bookings. You will not be entitled to any compensation for termination and/or cancelled bookings.
Japan Personal Tours may, at its sole discretion and without notice, terminate these Terms and Conditions at any time, and/or cancel or limit your access to your account if You have materially breached any obligation under these Terms and Conditions.
When these Terms and Conditions have been terminated, You are not entitled to a restoration of your account and, if terminated by
Japan Personal Tours, You shall not apply for a new account or access and use the Site through another account.
In the event of termination or expiration, the following sections shall survive: Acceptance of Risk and Waiver of Liability, Disclaimer, Limitation of Liability; Your Responsibility and Indemnification, Term and Termination; and General Provisions.
18. General Provisions.
(a) Waiver. Failure by Japan Personal Tours to enforce any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
(b) Governing Law. The Services are provided by Tomo Planz Inc., a Japanese corporation. These Terms and Conditions, and all other aspects of the use of the Site, shall be governed by and construed in accordance with the laws of the Province of Japan.
(c) Entire Agreement. Except for any additional terms included in the Site – excluding the Tour Terms uploaded by the Guides -, these Terms and Conditions constitute the entire agreement between You and Japan Personal Tours with respect to the subject matter of these Terms and Conditions.
(d) Severability. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent possible and shall remain in full force and effect.
(e) Successors. These Terms and Conditions shall be binding on You and Japan Personal Tours, and their successors and assigns.
(f) Notice. Any notice or other communication to be given hereunder will be in writing or electronic mail to any of the following addresses: to the Company: ASTEM BLD. 8F 8D16
134 Chudoji Minamimachi, Shimogyo ku, Kyoto and info@japanpersonaltours.com; and to You: to the address and email.
(g) Litigation Class Action Waiver. To the extent allowed by applicable law, You agree that any proceeding to litigate in court any dispute arising out of, or relating to, these Terms and Conditions, will be conducted solely on an individual basis, and You agree not to seek to have any controversy, claim or dispute heard as a class action or any other type of representative proceeding.
(h) Dispute resolution. You agree that You will attempt to resolve any and all disputes in the least onerous manner. If You and Japan Personal Tours are not able to resolve disputes by agreement, then You agree to first mediate any dispute between the Parties to be conducted in Japan, with mediation fees divided equally between You and Japan Personal Tours. In the event that litigation is commenced by either You or Japan Personal Tours, You agree to submit to the exclusive jurisdiction of the courts of Japan. You agree not to file a complaint or other commencement of litigation more than six (6) months after the relevant dispute arose.