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1.1 These terms and conditions form part of the contract between:
1.1.1 Japan Powder Ski Holidays provides travel services through its wholly owned subsidiary JPC Travel Pty Ltd. Japan Powder Ski Holidays provides property management services in Japan through Japan Powder Hakuba Limited which owns and operates the Aqua Alpine Resort in Hakuba. These companies form part of the Japan Powder Group, hereafter known as Japan Powder Ski Holidays (“the company”); and
1.1.2 Any person wishing to make a booking for a package provided or offered by the company (“the client”)
1.2 The person making the booking warrants that, before making the booking, he or she has read and has agreed to be bound by these terms and conditions.
1.3 Where the booking is made other than by all persons who will participate in the booking, the person making the booking warrants that he or she has advised each person who will participate in the booking of these terms and conditions and further warrants that each such person has agreed to be bound by them.
2.1 All Prices are quoted ‘per person’ unless otherwise stated (eg. Family Packages). Land prices are constructed in Japanese Yen (JPY) and are then converted to Australian Dollars (AUD) and United States Dollars (USD) using an indicative exchange rate.
2.2 When you request a quote from Japan Powder Ski Holidays you will be given the most up to date price taking currency fluctuations into effect. Package and Tour prices are subject to change and availability will be confirmed at time of booking.
2.3 The offer, prices and all terms and conditions are subject to change or withdrawal without prior notice prior to the deposit payment being received by Japan Powder Ski Holidays.
3.1 A minimum deposit of 20% is required prior to the confirmation of services for all land packages and tours.
3.2 In respect of Airfares, full payment (100%) is required prior to booking confirmation.
3.3 Note some accommodations may require an additional deposit to hold the booking. You will be notified of any additional deposits at the time of booking.
3.4 A booking shall not be deemed to have been accepted or to be binding until such time as the deposits that are applicable, have been paid.
3.5 The Deposit is subject to our money back assurance please advise us within 3 working days of receiving your deposit receipt and confirmations if you want to cancel the booking.
4.1 The balance payment is due no later than 60 days prior to departure date unless otherwise stated. Japan Powder Ski holidays reserves the right to cancel any booking or refuse to carry any passenger where payment has not been received by the company within the specified time.
4.2 Bookings made less than 60 days prior to departure will require full payment within 7 days of confirmation.
4.3 For any payments on credit card Japan Powder Merchant Fees apply of 2%.
4.4 JapanPowder.com will accept balance payment via credit cards, cash, cheque or by direct remittance into our bank account.
4.5 In the event that the balance of the booking is not paid in accordance with 4.1 above, then the company reserves the right to cancel the client’s booking. In that event, the client agrees that he or she shall not be entitled to a refund of any deposit paid, such deposit to be retained by the company by way of compensation for the time spent and work done by it. The company shall however retain a discretion, to be exercised entirely as it thinks fit, as to whether or not to refund all or part of any deposit paid in the event of cancellation in these circumstances.
4.6 In the event that the balance of the tour price is not paid in accordance with 4.1 above, and the company, at its discretion, determines not to cancel the client’s booking, then the client agrees to pay to the company any additional charges, fees or expenses that have been or may be properly incurred as a result of the balance not having been paid by the stipulated time.
5.1 Japan Powder Ski Holidays is able to facilitate part payments and payment instalments for group bookings made via credit card. A 5% service fee which includes all credit card fees is applicable.
6.1 Airfares, taxes and conditions can change at any time. To guarantee any airfares quoted full payment is required at time of booking.
6.2 Amendments of flights after ticketing will incur charges.
6.3 Airport taxes are included in the price and subject to change at time of ticketing.
6.4 Due to different conditions imposed by each airline, we reserve the right to advise booking conditions once flights are confirmed.
6.5 Airline baggage limits apply and for economy class travel to Japan total baggage limit is 20 kgs per person. Additional charges may be applicable by the airlines.
7.1 The policy for children differs for each accommodation provider and supplier. Pricing for children will be confirmed at time of booking.
8.1 Bookings made within 14 days of departure will incur an additional charge of $50. A credit card will be required when commencing booking, which will be charged when JapanPowder.com receives the booking confirmation.
9.1 In the event that the client wishes to vary his or her booking, the request for a variation must be made in writing.
9.2 The company will use reasonable endeavours to try and satisfy the request for variation and will advise the client if it can be satisfied.
9.3 If the request for variation can be satisfied:
9.3.1The company will advise the client of any variation in the package or tour price; and
9.3.2 The client agrees to pay to the company an administration fee of $50 (plus GST) in respect of each variation requested, payable within 14 days of confirmation of the variation.
9.4 If despite the reasonable endeavours of the company, the request for variation cannot be satisfied, then it is agreed that the booking sought to be varied shall remain in existence (if the client seeks to cancel the booking, the cancellation provisions set out herein will apply).
10.0 Hotel Descriptions and Photographs
10.1 Hotel descriptions provided by suppliers have been provided as a guide only. Room photos (when used) may not be representative of all rooms at a particular property. Specific accommodation and up to date rooming descriptions are available on request.
11.1 In the event that the client wishes to cancel a booking, then he or she must provide a written notice of cancellation (“the cancellation notice”) to the company.
11.2 The cancellation notice must be:
11.2.1 Delivered to an office of the company; or
11.2.2 Sent by facsimile transmission to the company’s facsimile number existing as at the date of the cancellation notice; or
11.2.3 Sent by e-mail to the company’s e-mail address existing as at the date of the cancellation notice.
11.3 In the event that the cancellation notice is received by the company more than 60 days before the client’s departure date, then the company shall refund to the client all monies paid less any deposit as set out in 3.1 above and which deposit the company shall be entitled to retain as compensation for the work done and time spent by it.
11.4 In the event that the cancellation notice is received by the company 60 days or less before the departure date, then the company shall not be obliged to make any refund to the client. In this respect, the client acknowledges that, in addition to the work done and time spent by it, the company will have paid monies to tour suppliers and it may not be possible for the company to obtain a refund from these suppliers where the cancellation notice is received within that period. Notwithstanding that, the company shall, if practical, and at its sole discretion, make such refund as circumstances reasonably permit.
11.5 The company strongly recommends that the client take out and maintain a policy of insurance to cover cancellation costs that may be incurred for any bookings.
12.1 No refunds will be made on any unused portion of accommodation, car rental transfers and ski passes, nor can components of the holiday be substituted for alternative arrangements once the holiday has commenced.
13.1 Ski Lift Passes are non refundable if they are lost, stolen and/or damaged. They cannot be replaced and a new ski pass will need to be purchased.
14.1 The client acknowledges that it is his or her responsibility to obtain and maintain a valid passport, any valid visas, permits or certificates, including vaccination certificates, for any tour booked with the company. The client further acknowledges that it is his or her responsibility to ascertain any requirements for such matters and to ensure that those requirements are satisfied.
14.2 At time of print, a visa is not required for travel to Japan for a stay of no longer than 90 days for Australian and New Zealand citizens, UK citizens can have a stay of no longer than 180 days.
15.1 Snow conditions and Ski lift information provided within JapanPowder.com are provided by the resorts and a guideline only.
15.2 Japan Powder Ski Holidays cannot under any circumstances be responsible for snow conditions.
15.3 Cancellation /amendment fees will be applied if cancelling or changing bookings on the basis of weather conditions.
16.1 The company will use its best endeavours to ensure that its obligations pursuant to the contract with the client are satisfied. However, despite those best endeavours, it is not always possible for those obligations to be satisfied. Unless otherwise excluded or modified by law, the company hereby disclaims liability for any loss of or damage to the client, including loss of life or injury, and loss of or damage to any of the client’s property, however such loss or damage may be caused. Unless such disclaimer shall be excluded or modified by law, the client warrants that he or she will not make or pursue any claim against the company in respect of any such loss or damage, however caused.
16.2 The client acknowledges that the provisions of 13.1 above are reasonable and necessary for the business of the company having regard to a range of matters including but not limited to the following:
16.2.1The adventurous nature of skiing and Snowboarding and some packages and tours advertised and offered by the company
16.2.2 The location where packages and tours are conducted, and where services, amenities and facilities may be of a lower standard than the standard to which a client is accustomed.
16.2.3 The packages and tours or parts of them are supplied or undertaken by third party operators. Whilst the company has undertaken due diligence on the quality of the services offered by such third party operators, and has been satisfied as to the adequacy of that quality, it cannot be responsible for any acts or omissions on their parts.
16.3 The client also acknowledges that there may be flight delays (due to circumstances beyond the control of the company) that may lead to interference with a package or tour for which the client has booked. The company will not be responsible for any flight delays or loss of flight connections whether such loss is caused by the client, the company, any of its suppliers, an airline or other. In the case of any loss of flight connections, whilst every effort will be made by the company to continue with the booked tour, the company will not be liable to compensate clients for any lost part of their itinerary and the company will not be liable to pay for any additional costs that may be incurred by the client as a result of any loss. The company strongly recommends that clients have insurance that will cover them for flight cancellations and delays.
16.4 The client acknowledges that it is the client’s responsibility to check-in on time for his or her flight at any airport. The company will not be responsible for any flights that are not taken by the client due to the client’s late arrival at any airport. It is also the client’s responsibility to contact the relevant airline companies at an appropriate time before any flight departure to confirm that all details relating to their flights are correct.
17.0 Governing Law of Contract
17.1 Any contract for these holidays is deemed to be made in Queensland, Australia and shall be governed by the law of Queensland.