Booking Conditions

These Booking Conditions govern the contractual relationship between the customer (hereinafter "Customer") and JTB Germany GmbH, with registered office in Frankfurt am Main, business address: Hanauer Landstraße 291B, 60314 Frankfurt am Main, registered in the Commercial Register of the Local Court of Frankfurt am Main under HRB 22324, Phone: +49 69 29 987840, Website: https://japanspecialist.com, e-mail: info@japanspecialist.com (hereinafter "Tour Operator"), in particular with regard to the conclusion and performance of travel contracts within the meaning of Sections 651a et seq. of the German Civil Code (BGB).

These Booking Conditions also apply to travel contracts concluded by means of distance selling (e.g. online booking or email correspondence).

Insofar as deviating conditions are regulated in a booking confirmation, an order form or an individual agreement in text form, these shall take precedence over the following Booking Conditions.

The Booking Conditions, together with the service descriptions confirmed in the booking confirmation, information on the tour operator's website, any travel documents handed out and the customer's travel registration, together form the travel contract and regulate the mutual rights and obligations of the tour operator and customer.

1. Conclusion of the travel contract

1.1 The customer can book the tour operator's services via the website https://japanspecialist.com, by telephone, by e-mail or - if offered - via a cooperating travel agency or directly at the tour operator's headquarters in Frankfurt am Main. Depending on the booking method, the order is valid in writing, by e-mail or online. The travel contract is validly concluded when (i) the traveller has signed the travel agency's order form and (ii) has paid the deposit in accordance with point 2.1 - and comes into force at the earliest on the day on which both conditions (i) and (ii) have been accepted and confirmed in writing by the travel agency.

1.2 The order form contains the details of the travel services ordered by the traveller from the program brochure, from the website or from the travel agent's website. This includes, in particular, the description of the travel services to be provided by the travel agency (or - if the contract is concluded via an agent - the travel agent), the name, registered office, telephone number and registration number of the travel agency, the full name and address of the traveller as shown on the passport or identity card, the start and end dates and place of travel, the means of transport chosen and the destination (if relevant), the services ordered by the traveller, details of the service provider, participation fee (in EUR), taxes, duties, fees and other mandatory costs not included in the participation fee (hereinafter referred to collectively as "Other Costs"), total costs (participation fee + Other Costs, hereinafter referred to as "Total Price", in EUR), payment deadline and method, and the traveller's declaration that he/she has read and accepted the Booking Conditions and applicable travel conditions. With regard to the services and prices contained in the brochure, a reference in the contract to the brochure shall suffice.

1.3 The traveller may also conclude or amend the travel contract through a representative (hereinafter referred to as the ‘customer’). By signing the contract, the customer declares that they are acting on behalf of the traveller(s) on the basis of a valid written power of attorney or a legal right of representation. The legal declarations made by the customer are directly binding on and entitle the traveller(s). The customer is liable for the accuracy of the information provided during the online booking. They undertake to inform the traveller immediately of the full content of the contract and to hand over any travel documents without delay. The travel agency is not obliged to hand over to the traveller the information or documents provided to the customer again. If the customer makes a declaration on behalf of the traveller without or beyond the power of representation to which he is entitled and this is not approved, the customer shall be liable to the travel agency for any damages incurred in accordance with the rules on false representation. If the traveller originally represented later makes his own declaration to the travel agency (e.g. to change or terminate the contract or to make use of travel services), all previous declarations made by the customer shall continue to be valid and binding. If the traveller asserts claims against the travel agency with regard to information obligations towards the customer or the customer's right of representation, the customer shall indemnify the travel agency against all legal consequences arising therefrom.

1.4 The travel agency shall inform the traveller in writing of the following points no later than 7 days before the start of the trip - in the case of a shorter period, no later than upon conclusion of the contract:

(a) Name, address and telephone number of a German-speaking or otherwise linguistically suitable local representative of the travel agency at the destination (or - if available - a person with language skills in the destination language and with authorization to act as a tour guide), or if not available, contact details for the travel agency or a local contact person,

(b) in the case of a minor traveller: possibility to contact the child directly or a person responsible in the home country,

(d) Stopovers and connections according to the itinerary and information on the category of transportation (e.g. class, cabin, berth, sleeping car).

2. Participation fee / terms of payment

2.1 Upon conclusion of the travel contract, the traveller shall pay a deposit of 40% of the participation fee, unless otherwise specified by the customer. The travel agency may deviate from this if the contract with the foreign service provider imposes stricter obligations. When booking a flight ticket, the amount of the deposit may vary depending on the fare conditions of the respective airline. If the contract is not concluded due to a lack of written confirmation in accordance with point 1.1 or if the travel agency withdraws from the contract for other reasons, the deposit of 40% of the participation fee shall be refunded to the traveller within five (5) working days.

2.2 The participation fee stated in the travel offer does not include any separately charged fees, costs, taxes and other mandatory charges, in particular accident, health, baggage or travel cancellation insurance, visitor's taxes, tourist taxes, airport and port fees, ticket fees, mooring fees and various surcharges.

2.3 Unless otherwise agreed, the traveller shall pay the total price according to the order form no later than 30 days before the start of the trip without a separate request. If the booking is made within 30 days before the start of the trip, the total amount must be paid immediately in cash or by bank transfer to the travel agency's account.

2.4 The travel agency shall provide the traveller with the travel documents entitling him/her to participate only after full payment of the total price.

3. Contract amendments

3.1 The traveller is entitled to transfer their rights and obligations arising from the travel contract to a person who meets all the conditions of the contract no later than 15 days before the start of the trip. The original and the new contractual partner shall be jointly and severally liable for payment of the total price and for all additional costs, fees and charges arising from the transfer. This does not apply to air travel where the airline's regulations do not permit a name change. Insofar as a change is possible, the cost of this will also be based on the airline's terms and conditions. The traveller acknowledges that name changes are possible after booking or issuing the flight ticket in accordance with the conditions and at the expense of the respective airline. This information is available on the websites of the airlines, but will also be provided by the travel agency upon express written request.

3.2 Amendments to the contract must be made in writing. Changes requested by the customer that do not affect the purpose of the trip, the destination, the accommodation or the travel date can - where feasible - be made against payment of a processing fee of EUR 50 per change and reimbursement of all additional costs incurred by the tour operator as a result. Changes to the destination, accommodation or date shall be deemed to be a termination of the contract by the traveller in accordance with point 5.3. In such cases, a new contract may be concluded. The travel agency may adjust any refunds to which the customer is entitled in accordance with the actual cost situation.

3.3 If the traveller does not make use of booked services of their own volition or in their own interest, they expressly acknowledge that the travel agency is not obliged to refund or reduce the participation fee.

3.4 The travel agency reserves the right to deviate from the information in the program brochure or on the website. In this case, the traveller will be informed of the changes before the contract is concluded. Express reference shall be made to the information provided.

4. Right of withdrawal of the travel agency

4.1 The travel agency is entitled to withdraw from the contract at any time before the start of the trip.

4.2 If the minimum number of participants stated in the brochure is not reached, the travel agency may withdraw from the contract with reimbursement of the amount already paid as follows:

- for trips of more than six days: no later than 20 days before the start of the trip,

- for trips of two to six days: no later than 7 days before the start of the trip,

- for trips of less than two days: no later than 48 hours before the start of the trip.

In these cases, the travel agency will refund the amount paid by the traveller in full within 14 days of the cancellation date.

4.3 The travel agency may terminate the contract without notice with immediate effect, without liability for damages, if exceptional, unavoidable circumstances prevent the trip from taking place.

4.4 If the travel agency makes a significant change to a travel service agreed in the travel contract before the start of the trip, the traveller shall be informed of this in good time and shall have the opportunity:

- to accept the amendment, whereby the contract is amended accordingly, or

- to terminate the travel contract without penalty.

If the traveller refuses the change, the travel agency will offer an alternative offer of equal or higher value, if possible.

If the traveller accepts this and the price is lower, the difference will be refunded within 14 days. If the price is higher, the difference must be paid by the traveller within the period specified in the letter.

If the traveller cancels the contract and does not accept a replacement offer, the travel agency shall refund the amount paid within 14 days of cancellation and, if applicable, compensate for any direct, reasonable damages that can be proven to have been incurred.

5. Rights and obligations of the traveller

5.1 The traveller is obliged to pay the travel price in accordance with the travel agency's instructions, to take note of the departure information and the verbal information provided by the travel agency representative.

5.2 The traveller may terminate the travel contract, including distance selling contracts (online contracts), at any time before the start of the trip by notifying the travel agency in writing. The termination shall take effect on the date on which the travel agency becomes aware of it.

If the traveller does not start the trip or does not appear at the agreed place and time, this shall also be deemed to be a termination. In this case, the planned start of the trip shall be deemed to be the date of termination and the legal consequences pursuant to point 5.3 shall apply.

5.3 If the traveller cancels the trip for reasons that are in his own interest, he is obliged to pay the travel agency a lump-sum compensation in the following amount (as a percentage of the total price):

- at least 60 days in advance: 0 % of the participation fee - free of charge

- 59-35 days before: 25 % of the participation fee

- 34-21 days before: 50 % of the participation fee

- 20-10 days in advance: 75 % of the participation fee

- less than 10 days: 100 % of the participation fee

The compensation will be settled primarily by offsetting it against the participation fee already paid. The traveller expressly agrees to this type of offsetting.

Different withdrawal deadlines and costs apply if the foreign service provider has agreed earlier deadlines or special conditions. The travel agency is obliged to inform the traveller of such special conditions in writing upon conclusion of the contract.

There is no entitlement to a refund if the traveller withdraws during the trip or is unable to participate due to non-compliance with legal regulations (e.g. passport, visa, foreign exchange, customs regulations).

5.4 If the destination country specified in the travel contract is listed as a "not recommended travel destination" on the website of the Ministry of Foreign Affairs after the contract has been concluded, the traveller may cancel the contract free of charge within 5 working days of publication. In this case, the travel agency shall not owe any compensation and shall refund the amount paid to the traveller.

5.5 The travel agency shall also be entitled to compensation in accordance with point 5.3 if the trip cannot be carried out for reasons for which the traveller is responsible.

5.6 If the traveller cancels booked services during the trip or does not make use of them, there is no entitlement to a refund or replacement.

5.7 The traveller is obliged to comply with the applicable health and hygiene regulations during the entire trip.

5.8 The traveller is personally liable for any damage caused to third parties during the trip.

5.9 Travellers are responsible for the safekeeping and supervision of their own baggage, unless a representative of the travel agency has expressly accepted it for safekeeping. A baggage receipt issued serves as proof of this.

5.10 The traveller is obliged to properly store items handed over to the travel agency (e.g. Ninja Wifi, Quietvox) and to return them in good time. In the event of non-return, the traveller shall be liable for any damage incurred.

5.11 The travel agency accepts no liability for items left behind on the coach, plane or hotel.

5.12 Special obligations for round trips

5.12.1 The participant must adhere to the departure times and meeting points with local tour guides punctually - this also applies to the return journey. Any costs arising from failure to do so shall be borne by the traveller.

5.12.2 The travel agency shall make every effort to fulfil special dietary requirements, but assumes no liability for this. The responsibility lies with the traveller.

5.12.3 The travel agency may exclude a traveller from further travel if they significantly disrupt the itinerary or endanger the safety or health of others or themselves (e.g. lack of fitness). Persons under the influence of alcohol or drugs will be excluded. The journey home is at the participant's own expense. In such cases, the travel agency shall retain the remaining travel price less any demonstrable savings.

6. Liability for defective performance

6.1 The travel agency shall be liable for the proper provision of the travel services agreed in the contract - even if provided by third parties.

It shall remedy defects within a reasonable period of time, provided that:

- the traveller has informed the travel agency via a contact named in the contract,

- the rectification of the defect is not impossible,

- and this is proportionate, taking into account the value and extent of the defect.

In this case, the traveller is entitled to an appropriate reduction and, if applicable, compensation for direct and justified damages.

If the defect is not rectified despite a deadline being set, the traveller may rectify the defect themselves and will be reimbursed up to the amount of the affected service price.

6.2 If the services are not provided, the traveller may demand a pro rata refund for the affected period, provided that the failure is not due to their own fault or force majeure.

Services not used independently do not justify a claim for reimbursement.

6.3 If the provision of essential travel services is not possible, the travel agency shall - if feasible - offer an equivalent replacement at no additional cost.

If the value of the replacement is less than that of the agreed program, the difference will be refunded.

An offer may be rejected if it deviates significantly from the contract.

In the event of a material breach of contract without remedy, the traveller may terminate the contract and demand a price reduction or compensation. The travel agency shall then organize the return journey by the means of transport agreed in the contract at no additional cost.

6.4 The traveller must report defects immediately to the tour guide or - if not available - to the local provider. The tour guide shall document the incident in writing. If no remedy is provided, the travel agency must be informed immediately.

Late notification makes it difficult to provide evidence and can reduce claims for compensation. The travel agency checks every complaint and informs the traveller in writing.

The notification of defects does not constitute an acknowledgement.

6.5 The travel agency is not liable if:

a) the traveller has caused the defect,

b) an uninvolved third party caused the defect, and this was unforeseeable and unavoidable,

c) force majeure exists.

In cases of b) and c), the travel agency shall provide assistance.

6.6 This assistance includes information on health services, authorities, consular assistance, communication and alternative travel options.

6.7 The costs of assistance shall be borne by the passenger if the emergency was caused by intentional or negligent conduct.

6.8 Liability for property damage and personal injury is limited to three times the total price.

6.9 If the contract was concluded via a travel agency, warranty and compensation claims can also be asserted there.

6.10 The travel agency is not liable for lost or damaged luggage - the traveller must contact the airline, hotel or local authorities.

6.11 The traveller is solely liable for damage caused by the traveller to third parties.

7. Passport, visa, customs, foreign exchange and health regulations

The traveller is responsible for compliance with all passport, visa, customs, foreign exchange and health regulations. The travel agency shall inform the traveller of the relevant online information source when the contract is concluded.

All damages and costs arising from violations shall be borne by the traveller. If the traveller is unable to participate due to such violations, this shall be deemed a failure to commence the trip with legal consequences in accordance with point 5.3.

8. Insurance

8.1 For group trips, we recommend taking out travel cancellation insurance amounting to 2.5% of the participation fee. For individual trips, this insurance can also be taken out at a rate of 5%.

The insurance covers reasons for cancellation in accordance with the insurer's terms and conditions (e.g. illness). Detailed information is provided by the travel agency. Claims must be made directly to Allianz AG.

8.2 Accident, health and baggage insurance can be taken out through the travel agency. The type, prices and cover are available from the travel agency.

8.3 The participation fee does not include insurance in accordance with this section - this can be booked separately.

8.4 If the transportation of the traveller is part of the package tour, the tour operator shall provide statutory insolvency insurance in accordance with Section 651r BGB. This insurance ensures that the traveller is enabled to return home in the event of the tour operator's insolvency or inability to pay and, if necessary, that the costs of an involuntary extended stay are covered.

9. Air transportation

9.1 In the case of air travel, the tour operator points out that the contract of carriage by air within the meaning of the international air transport agreements (in particular the Montreal Convention of 1999) and Regulation (EC) No. 261/2004 is concluded exclusively between the traveller and the operating air carrier (airline). Carriage is subject to the conditions and conditions of carriage of the respective airline.

The tour operator does not act as the air carrier, but arranges the transportation as part of the package travel contract. In addition to air traffic law, the provisions of the German Air Traffic Act (LuftVG), Regulation (EC) No. 261/2004 and - where applicable - the provisions of the Montreal Convention are decisive.

9.2 The tour operator is liable under package travel law (Sections 651a et seq. BGB) for the proper provision of the arranged transportation service. In the event of flight irregularities (e.g. delay, cancellation, denied boarding), the traveller is entitled to make claims directly against the airline in accordance with Regulation (EC) No. 261/2004. The assertion of these rights is the responsibility of the traveller. The tour operator will provide support in making contact on request.

9.3 Should the traveller assert claims for compensation or reduction against the tour operator, any compensation already paid or still to be expected from the operating air carrier within the meaning of Regulation (EC) No. 261/2004 or comparable regulations will be offset against these claims.

9.4 Flight times, airlines, aircraft types, departure and arrival locations and stopovers may change for organizational or safety-related reasons. Such information is non-binding unless expressly guaranteed in the contract. The tour operator shall inform the customer of any changes as soon as they become known.

10. Child protection provisions

When providing travel services or organizing package tours, the travel agency as tour operator and travel agent shall ensure that the fundamental rights of children, in particular their right to protection and care to ensure their well-being, are safeguarded through appropriate preventive measures.

During the provision of travel services and the arrangement of package tours, any behaviour that violates the rights of children or leads to such a violation is prohibited - in particular sexual offenses against sexual self-determination and morality against persons under the age of 18.

If, during the travel service or its use or during the implementation of the package tour, conduct is detected that violates child protection, the travel agency, as tour operator and agent, shall take all necessary measures to ensure that the perpetrator is prosecuted.

11. Other provisions

11.1 JTB Germany GmbH has taken out insolvency insurance via HanseMerkur Reiseversicherung AG, Siegfried-Wedells-Platz 1, 20354 Hamburg, Tel.: +49 (0)40 / 53799360 in accordance with § 651r BGB. The legally required insurance certificate is issued to the customer in text form with the booking confirmation. This insurance guarantees the repayment of the travel price paid and - if owed - the return transport of the traveller in the event of the tour operator's inability to pay or insolvency.

11.2 The law of the Federal Republic of Germany shall apply to all matters not regulated in these Booking Conditions and in the travel contract. The provisions of the German Civil Code (BGB), in particular Sections 651a et seq. of the BGB (package travel law), shall apply in particular.

11.3 Should a provision of these Booking Conditions be or become invalid, unenforceable or unlawful in whole or in part due to legal changes, the validity of the remaining provisions shall remain unaffected. The parties undertake to agree on a provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision.

11.4 Descriptions, information or offers regarding travel destinations, accommodation, transport companies or travel programs that do not originate from the tour operator itself - for example from brochures, catalogues, websites or other third-party publications - are not binding for the travel contract unless they have been expressly declared to be part of the contract. The same applies to additional agreements concluded with third-party providers en route. The photos shown in the travel program are for illustrative purposes only.

11.5 The tour operator is legally obliged to point out the possibility of dispute resolution proceedings before a consumer arbitration board (Section 36 VSBG). However, the tour operator does not participate in such proceedings. If no amicable agreement is reached, the place of jurisdiction for disputes arising from the travel contract is - as far as legally permissible - the tour operator's registered office in Frankfurt am Main.

11.6 By concluding the contract, the customer agrees that the tour operator collects, stores and processes his personal data for the purpose of contract execution as well as customer service and information in accordance with the applicable data protection regulations (in particular GDPR and BDSG). Data will only be passed on to third parties within the framework of the statutory provisions and for the proper execution of the trip.

11.7 The competent supervisory authority for tour operator activities in Germany is the Ordnungsamt der Stadt Frankfurt am Main, Kleyerstraße 86, 60326 Frankfurt am Main. Website: www.frankfurt.de