1. Booking your tour
Bookings must be secured by a deposit of a minimum of 20% of the total booking value, or US$100 for bookings of a value US$500 or below. This deposit is non-refundable unless we cancel your tour. Full payment must be made at least 30 days prior to your departure date.
All prices are in United States Dollars ($) unless otherwise indicated. 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 services which we arrange on your behalf. Such factors include adverse currency fluctuations, fuel costs, taxes and accommodation increases. The price is only guaranteed once paid for in full by you. No refunds will be made in respect of accommodation, meals, activities, transport or other services which are included in the tour price but, for whatever reason, are not utilized by you.
3.1 Cancellation by you Cancellation of a booking by you must be made in writing. We will not regard a booking as cancelled unless and until written notice is received by us. On cancellation the following charges will apply:<30 days = Deposit 29-14 days = 50% of tour cost 13-0 days = 100% of tour cost
3.2 Cancellation or modification by YESD Every effort will be made to operate all tours as advertised, but it must be remembered that our tours are planned in advance and due to factors outside our control it may be necessary to use alternative accommodation and services in some instances. We therefore reserve the right to modify or cancel any tour, accommodation or arrangement at any time. We will notify you as soon as possible of any material changes. In the event of any material modification or cancellation we will, if possible, arrange on your behalf three alternatives:
- 1. Services of an equivalent or similar standard.
- 2. If available, services of a lower standard together with a refund of the difference in price
- 3. Or cancellation with a full refund of all money paid.A material modification is one which has a serious affect on your tour and includes a change of departure date, departure point or airport, or change of departure time of more than twelve hours, which would cause substantial inconvenience to you. A change of accommodation or transport style is not a material change. In the event that there are an insufficient number of bookings to provide a particular tour, we may cancel the tour no later than 30 days prior to the scheduled departure date, whereupon all money paid by you for your YESD tour shall be refunded but no further compensation will be paid. You and YESD agree to release each other from any further obligations which would have been enforceable had the tour not been cancelled.
3.3 No showUnder no circumstances can there be a refund for a “no show” client. We respect all of our client’s and our guide’s time, so it is not possible to wait longer than 5 minutes at the meeting point, if you arrive after the tour has started that would be a “no show”. In an emergency it may be possible to be reachable by phone but we are usually very busy with tours, and we may not be able to answer or call you back. It is best to try and reach us 24 hours before the tour by email as we are unable to accept cancellations or modifications by phone.
3.4 Waiver Tour
3.4.1/ RELEASE AND WAIVER OF LIABILITY AND INDEMNIFICATION: In consideration of, and as a part of the payment for, the right to participate in such tour, trek, expeditions, or other activities and the services arranged for you by YESD Travel and its agents and associates, and to the fullest extent permitted by law, you on behalf of yourself and your heirs, legal and personal representatives, next of kin, successors and assigns (collectively, “Releasors”), expressly a) RELEASE, WAIVE, FOREVER DISCHARGE AND COVENANT NOT TO SUE YESD Travel, its owners, officers, employees, managers, shareholders, affiliated entities, agents, representatives, directors, associates, volunteers, successors and assigns (collectively, “Releasees”), from and against any and all liability, claims, demands, losses or damages which you now have or may later have against Releasees arising out of, relating to, or in connection with the tour, activities and services provided, arranged or advertised by Boutique Japan, whether arising from the Releasees’ negligence or otherwise;
3.4.2/ AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS (“indemnify” meaning to defend and to pay or reimburse) Releasees from and against any and all claims, injuries, costs, damages, losses or suits, including attorney’s fees, brought by or on behalf of anyone, arising out of or relating to your participation in the activities and use of services provided, arranged or advertised by Boutique Japan, even if such claims allege negligence by Releasees or others; and
3.4.3/ AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Releasees against any claim by any person, including minors, arising in whole or in part from an injury or other loss suffered or caused by you in connection with the tour arranged for you or the services provided, arranged or advertised by YESD Travel.
3.4.4/ YOU AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for yourself, all members of your family and all minors traveling with you, your and their heirs, legal and personal representatives, next of kin, successors and assigns; it being your intention to fully assume all risks associated with this tour and to release YESD Travel from any and all liability to the maximum extent permitted by law.Photography. You agree that YESD Travel may copyright in its own name, use, re-use, and reproduce any images, photos or videos that you send to us, or that other travelers take of you individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promotion and publicity purposes worldwide related to our travel products and services. If you do not want us to use any images of you that are taken by us or other participants during the expedition, you must inform us before your trip departs.Participant’s Responsibilities During Tour. It is your responsibility to be ready to leave at the departure city at the specified day and time. We are not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures. Your additional responsibilities include, but are not limited to, strictly complying with all local laws, respecting customs and culture, adequately assessing your abilities, respecting other participants’ privacy, and if on a guided trip following the suggestions and advice of the guide.Claims and Complaints. If you find a problem or something that does not meet your expectation, you must promptly notify us or the local operator, guide or supplier so that the problem can be rectified, if possible. If you make any changes on your own without following the notice procedure described above, you assume responsibility for any added costs you may incur and forfeit any potential refunds. If satisfaction is not reached through this notice procedure during the trip, you must submit further complaint in writing to us within 15 days of the end of the tour. We will not accept any liability for claims received after this period.Limitation of Remedies. You agree that to the extent consistent with applicable law, the maximum amount of recovery to which you may be permitted to recover from , YESD Travel shall not exceed the cost of the trip that you purchased from us. To the maximum extent permitted under applicable law, YESD Travel shall not be liable for any special, consequential, indirect, incidental or other damages, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if , YESD Travel has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages. If you, or any of your heirs, or anyone acting on your or their behalf, should bring such suit, you shall pay all attorney’s fees, related court fees and defense costs should you not prevail.
4. Travel Insurance
We will do everything possible to ensure a safe and enjoyable trip. However, all travel involves some degree of risk and we strongly recommend that you take out appropriate travel insurance for your adventure. Your insurance protection should include cover for cancellation, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability. Evidence of such insurances should be produced to YESD on request. Insurance cover offered by credit card companies or reciprocal medical cover agreements are often not comprehensive.
5/ Assumption of Risk.
You acknowledge and agree that you have voluntarily applied to participate in the tour, trip or vacation on which you are booked (or a tour to which you may subsequently transfer) (all referred to herein as “tour”). You acknowledge and agree that you are voluntarily participating in the tour with the knowledge of the numerous risks and dangers involved, which include but are not limited to: the hazards of traveling, the forces of nature, travel by boat, automobile, train, ship, aircraft, or other means of conveyance; the dangers inherent in the activities listed in the itinerary; Boutique Japan’s own negligence; emotional trauma; personal injury; disfigurement; temporary or permanent disability (including paralysis); death; acts of God; the hazards of traveling in unsafe or politically unstable areas or under unsafe conditions; the dangers of civil disturbances and war; forces of nature; transportation failures; equipment failures or deficiencies; wild animals; high altitude, food-related illnesses, accident or illness in remote places without access to medical facilities, transportation, or means of evacuation and assistance; the adequacy of medical attention, including but not limited to any evacuation plan, transportation, equipment or supplies that may be provided; consumption of alcoholic beverages; terrorist activities, social or labor unrest; mechanical or construction failures or difficulties; diseases; local laws; climactic conditions; abnormal conditions or developments; and any actions, omissions, or conditions outside of YESD’s control that are not listed herein.
6. Itinerary Exclusions
Please note that, unless otherwise specifically stated in your itinerary, airfares, airport transfers, departure taxes, early/late hotel check-ins, gratuities, personal expenses and some meals are excluded from the tour price. We are happy to provide you with a quote for airport transfers, early check-in or any additional services you might require.
Infant and Child Prices Child under 2 year = Free of charge Child no bed (3-5 years) = 50% of tour (excluding hotel costs) Child no bed (6-11 years) = 75% of tour (excluding hotel costs) + breakfast surcharge in each hotel if applicable. Child with bed (3-5 years) = 50% of total tour. Child with bed (6-11 years) = 75% of total tour. Child from twelve years and above = Adult price. Please not that some suppliers may impose additional fees for infants and children. These will be advised at time of booking.
7. Special requests
You must let us know at the time of making your booking if you have special requests or needs (such as ground floor accommodation, disability access or specific dietary requirements). We will try to meet any request you have, however, we cannot guarantee that we will be able to accommodate every person’s needs and we make no promises and take no responsibility for special requests which we are unable to fulfil. If we reasonably feel we are unable to satisfactorily accommodate your particular needs, we reserve the right to decline the booking or ask for you to be accompanied by a person who is able to provide full assistance to you throughout your tour.
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 tour.9. Travel documents & conduct All travellers must check their travel documentation to ensure that the dates are correct, visas have been obtained and passports have at least six months validity. Please ensure you carefully read your invoice and all other documents we send to you as soon as you receive them and contact us immediately if any information appears to be incorrect. If you do not arrive on the agreed date for your tour we may treat the tour as having been cancelled by you. You must follow our instructions at all times and you agree to indemnify us against any loss or injury suffered as a result of failing to comply with our instructions. You must conduct yourself in a proper manner so as to not to cause disturbance or offence to other travellers and you agree to take responsibility for any damage you cause to our or any third party’s property. We will not be responsible to you for any loss or damage sustained by you arising from or in relation to your contravention of any law of any place while on the tour. You indemnify us for all third party actions taken against us for loss or damage caused by you or arising from your participation on the tour.
If you’re not satisfied with any aspect of the services we have arranged on your behalf, you should report it to your tour guide so that immediate action can be taken to remedy the problem. Any feedback made to YESD following the conclusion of the tour should be made in writing within 14 days of completion of the tour. In the event that you do not notify us in writing within 14 days, our ability to investigate negative feedback may be prejudiced.
We occasionally take photos during our tours for use in promotional material. Unless you advise us otherwise, you consent to such use of your photographic/video likeness.
12. Our role as agent
Certain third party-provided services (including third party-provided flights, coach and boat transport), hotel accommodation, meals, and certain sight-seeing activities are arranged by us in our capacity as agent only. Our obligation is to make bookings on your behalf for such services and to arrange relevant contracts between you and such service providers. We exercise care in the selection of reputable service providers but we have no control over, or liability for, the services provided by third parties. All bookings are made 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 relation to such services are against the specific service provider and, except to the extent a problem is caused by fault on our part, not against us. You acknowledge that this clause shall apply to all third party-provided services notwithstanding that our tour guide may accompany you during provision of such services.
13. Monies not held on trust
All monies paid by you to us will be our property and will be a debt due and payable to the travel service provider once the services to which the money relates have been provided. You agree and acknowledge that such monies will not be held by us on trust for and on behalf of you and we may hold such monies in any account as we see fit, including with our own and/or other customer monies.
16. Force Majeure
YESD has no liability for any lack of performance, unavailability or failure of the services or its website, or for any failure of YESD to comply with these terms and conditions, where the same arises from any cause reasonably beyond the control of YESD.
17. Governing Law
These terms and conditions will be governed by the laws of Vietnam and the parties submit to the non-exclusive jurisdiction of the Vietnam Courts.
18. For volunteer projects
Details of our registration fees are set out on our website. The registration fee is refundable up to sixty days before the start of the volunteer’s placement in the host country. All refunds will be made less the costs incurred in processing the refund such as bank and transaction fees and an YESD processing fee of US$35. If the volunteer changes their start date, the date used for refund purposes will be the earliest dates the volunteer has indicated they wish to start, unless YESD agrees otherwise.Requests for registration fee refunds must be submitted via the refund request form on the YESD website no less than sixty days before the start of a volunteer’s program. The volunteer can request access to this form by emailing his/her YESD Program Manager. Once the volunteer’s refund request has been received by YESD, the volunteer will be notified via email. If no contact is made within three working days, the assumption should be made that the request has not been received and the volunteer is advised to contact his/her YESD Program Manager.If a volunteer registers and requests a verification letter, they cannot then receive a refund for their registration fee should they withdraw from the program. Where a group of ten or more people is volunteering with YESD, the group leader must register ahead of other group members in order to secure the group’s dates and plans. Group members must then apply and register no less than sixty days before the program starts. Group members who register less than sixty days before the program start date may be excluded from the program, unless approved by YESD.YESD reserves the right to revise the registration fee at any time. All registration fee revisions will be made via the YESD website. Registration fee revisions are not applicable to volunteers who have already submitted their online booking before the revisions are due to take effect. A volunteer’s placement on a program cannot be confirmed until registration fee has been paid in full. All registration fee payments attract a 5% transaction fee charge to cover PayPal fees (where applicable), bank fees and currency conversion charges.
19. Personal Data Protection