Terms and Conditions
- The Tour Operator: The operator of this tour is Luminous Travel Inc., a limited company registered in the Province of Ontario with Head Office located at 147 Liberty Street, Toronto, Ontario, Canada M6K 3G3. Luminous Travel Inc. is a registered Travel Agent and Tour Operator under the laws of Ontario Travel Industry Act 2002 (TICO Retail Reg. 50024330, Wholesale Reg. 50024583 ) doing business as Okushu Tours.
- Prices: For up-to-date pricing, departure dates, please refer to www.okushu.com. Unless specified otherwise, prices are in Canadian dollars and on a per person basis. Airfares are quoted based on the lowest class of service and are subject to class availability. Fares and taxes can only be confirmed at time of ticketing. All prices are not guaranteed until such time full payment is received.
- Reservation and Deposit: To secure a booking, Okushu Tours requires a completed and signed booking form together with a non-refundable deposit of CAD $500 per person (or as specified in the booking form) or full payment if travel is within 70 days. This payment is deemed to be confirmation that the client has read and accepts Okushu Tours Terms and Conditions. Clients booking and making payment by telephone, email or over the internet will be deemed to have read the Terms and Conditions and accepted them. Any promotional offer such as discount coupon and/or promo codes must be presented at time of booking. A booking is accepted and becomes definite only from the date when Okushu Tours has confirmed acceptance by issuing a written Booking Confirmation and Invoice. It is at this point that a contract between Okushu Tours and the Client comes into existence. Before your booking is confirmed and the contract comes into force, Okushu Tours reserves the right to increase or decrease tour prices. Okushu Tours reserves the right to decline any booking at their discretion. The contract is between Okushu Tours and the Client, being all persons named in the booking as travelling or intending to travel with Okushu Tours. The person making the booking (who is subject to these terms) warrants that he or she has full authority to do so on behalf of all persons named, and confirms that all such persons are fully aware of and accept these conditions. No employee of Okushu Tours other than a director has the authority to vary or omit any of these terms or promise any discount or refund. If the Client selects to purchase an instant airfare to combine with Okushu Tours land package anytime prior to the tour departure date, the full cost of the airfare (including taxes and fuel surcharge) is due at time of issuance of the ticket is fully non-refundable.
- Payment: The balance of all moneys due, including any surcharges applicable at that time, must be paid to Okushu Tours not later than 70 days before departure. In the case of non-payment of the balance by the due date, Okushu Tours will treat the booking as cancelled by the Client and the applicable cancellation charges including deposit will be levied.
- Changes: Any changes to the original booking must be confirmed in writing by the person who made the original booking and be accompanied by an administration fee of CAD$150 per change in addition to the cost of any extra services required. While every reasonable effort will be made to accommodate changes and additional requests, their availability cannot be guaranteed. A change of departure date and/or to another tour must be requested in writing by the person who made the original booking and must be accompanied by an administration fee of $150 per change unless the request is within 70 days of departure in which case the cancellation fees will be applied as detailed in paragraph 7 below.
- Substitution of Client: If any member of the party is prevented from travelling because of death, injury, or serious illness of a passenger, close relative or friend, redundancy, or jury service, it may be possible to transfer the booking to another suitable person provided that written notice is given at least one calendar month prior to departure. An administration fee of CAD$150 per person will be levied plus any costs imposed by Okushu tours’ suppliers. Airlines may impose 100% cancellation charges plus the costs of a new ticket.
- Cancellation: Okushu Tours reserves the right to cancel the trip at any time for any reason but endeavors not to cancel the trip less than 60 days before departure except for force majeure, unusual or unforeseen circumstances outside the company’s control. In such circumstances, refund of all payments received by Okushu Tours shall constitute full settlement. Okushu Tours is not responsible for any additional costs incurred on revised travel arrangements, airline penalties and change fees, reissuance and extension of visas due to a trip being cancelled.The Client may cancel the booking at any time. The Client must communicate all cancellation requests in writing to Okushu Tours. Written notification is essential even if verbal notification to cancel has been given. Cancellation charges will be applied as shown below, calculated from the date the written notification is received by Okushu Tours (unless otherwise advised).
Days: Cancellation fees:
70+ Days prior – Full amount of deposit
69 – 40 Days – 50% of the trip cost
39 or less Days – 100% of the trip costIn addition to the charges shown above, airlines may impose 100% cancellation charges. Note that certain trips may have different cancellation penalties which will be detailed on your invoice and will supercede the terms above. There will be no discounts or refunds for missed or unused services including voluntary or involuntary termination/premature departure from the tour.
- Guaranteed Departures, Minimum Number: Trips which are not group tours are guaranteed to operate once the booking is confirmed in writing. Unless otherwise mentioned, all group tours are guaranteed to operate once the minimum number of participants are booked. Where minimum numbers have not been achieved on a given departure, the tour may be cancelled.
- Tour Prices & Fluctuations: Okushu Tours reserves the right to change prices to take into account fluctuations in exchange rates, transportation costs, fuel costs, local operator costs, airfares, airport fees.
- Changes to Itinerary: Okushu Tours will take every measure to ensure the accuracy of itineraries and operate all the tours as advertised. However circumstances beyond our control may necessitate changes to tour content and tour dates. Okushu Tours also reserves the right to change carriers and substitute hotels with properties of similar standard when
necessary. - Travel Insurance: The tour price does not include any insurance coverage. Okushu Tours strongly recommends the purchase of a comprehensive package policy to protect your tour investment in the event of medical emergencies, lost baggage, tour cancellation, or any other unforeseen circumstances during or prior to the trip. Emergency medical insurance is mandatory for all Clients while on a tour organized by Okushu Tours. The policy should have a minimum medical coverage of CAD$250,000 including personal illness, injury, medical expenses, repatriation expenses and evacuation expenses. Clients are wholly responsible for arranging their own insurance. Okushu Tours is able to assist Clients in obtaining a suitable insurance policy and where the Client declines to purchase the policy offered by Okushu Tours, he or she will be required to complete and sign an indemnity form absolving Okushu Tours of all possible liabilities that may arise due to the failure to take out adequate insurance coverage. The travel insurance coverage automatically provided with credit card purchases may not provide adequate coverage. Proof of adequate insurance will be requested at time of final payment. Failure to provide this may result in the Client’s booking being cancelled.
- Baggage: All baggage loss or damage must be reported without delay to the local tour manager during the tour. Okushu Tours and its representative companies shall not be liable in any manner for any claims or complaints in the event of loss or theft, damage, delay of the baggage and personal belongings. Clients shall assume own risk in baggage handling, transportation and storage, and shall follow all baggage rules and regulations concerning baggage weight, size, number and prohibited items imposed by any transportation carriers used during the tour.
- Passports, Visas and Vaccinations: It is the responsibility of the Client to be in possession of a valid passport, visa permits, inoculations and preventative medicines as may be required for the duration of the tour. Information about these matters or related items is given in good faith but without responsibility on the part of Okushu Tours.
- Age, fitness and participation: All clients are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen tour. All children under age of 18 must be accompanied by an adult, either a parent or a guardian, who accepts full responsibility for them. Okushu Tours reserves the absolute right to decline a booking at their discretion. Clients agree to accept the authority and decisions of Okushu Tours’ employees, tour leaders and agents while on tour with Okushu Tours. If in the opinion of such person the health or conduct of the Client before or after departure appears likely to endanger the safe, comfortable or happy progress of the tour, the Client may be excluded from all or part of the tour. In such instances, the Client will forfeit all remaining portion of the tour. In the case of ill health, Okushu Tours may make such arrangements as it sees fit and recover the cost thereof from the Client.
- Local Laws: All participants on tours operated by Okushu Tours are expected to obey the laws and regulations of the countries visited and any failure to do so will relieve Okushu Tours of all obligations that they may otherwise have under these booking conditions.
- Illnesses or Disability: Anyone suffering from illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of the booking and make arrangements for the provision of any medication or other treatment which may be required during the tour. Failure to make such disclosure may constitute a breach of these booking conditions and result in such persons being excluded from the tour, in which case all moneys paid will be forfeited.
- Customer Service and Feedback: If the Client has a complaint about any of the tour arrangements, the Client must bring it to the attention of the tour manager or other representative of Okushu Tours at the time so that they may attempt to rectify the situation. It is only if Okushu Tours is made aware of any problems that there will be the opportunity to make things right. Failure to complain on the spot will result in the Client’s ability to claim compensation from Okushu Tours being extinguished or at least reduced. Should the problem remain unsolved a complaint must be made in writing to Okushu Tours within 30 days of thecompletion of the tour.
- Acceptance of Risk: The Client understands and accepts that the proposed tour could travel to geographical areas where amongst other things, the standard of accommodation, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard the Client is used to at home. The Client also accepts that such areas can be subject to unfavourable political, health and climatic conditions.
- Our responsibility: Okushu Tours (its owners, officers, agents and employees) acts only as agents for the operators, outfitters, owners, contractors and suppliers used in conjunction with its tour program. Okushu Tours accepts bookings on behalf of the client on the condition that Okushu Tours (its owners, officers, agents and employees) accepts no responsibility for any act, default, injury (including death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused by reason of defect or through the acts of default of any company or person engaged in carrying out arrangements of the tour.
- Limitation of Liability, Release and Indemnity: The Client accepts the inherent risks of travelling on a tour with Okushu Tours and assumes full responsibility for any loss, injury, death or damage to them, their family or their dependants arising in connection with their participation or the participation of their family on Okushu’s tours. Clients should have their own insurance appropriate to their needs and the needs of their family or dependants in respect of such loss, injury, death or damage. Although Okushu Tours endeavours to choose appropriate independent suppliers to provide services on the trips, Okushu Tours has no right to control their operations and therefore makes travel arrangements for the trips on the condition that Okushu Tours (its owners, officers, agents and employees) will not be liable for any act or omission of any independent supplier or any related third party. The services provided by independent suppliers are subject to the laws of the place where the services are provided and any conditions imposed by those suppliers. The liability of the independent suppliers may be limited by their tariffs, conditions of carriage, tickets and vouchers, and international conventions and agreements. The cost of all Okushu Tours’ tours is based on the Client agreeing to this Limitation of Liability, Release and Indemnity. In consideration for participating in the trips, the Client agrees not to sue Okushu Tours (its owners, officers, agents and employees) in respect of, and forever releases them from, all liability for economic loss and physical or mental injury, direct or indirect, arising in connection with the tour including, without limitation, permanent disability and death; any emotional distress; any loss of services, financial support, aid, consortium or companionship; and any damage to or loss of property – in each case even if caused in whole or in part by the conduct, including the negligence, of Okushu Tours, except where such loss, injury or damage is caused by reckless or fraudulent conduct on the part of Okushu Tours or their employees, guides, shareholders, officers or directors, in which case the Client retains the right to sue only Okushu Tours in respect of that conduct. The Client further agrees that they will indemnify and hold Okushu Tours (its owners, officers, agents and employees) harmless in respect of any claims arising in connection with the tour made by: i) third parties, which arise from the misconduct of the Client; ii) the Client’s family members, dependants or heirs, iii) third parties, which the Client, their estate, their family members, dependants or heirs have sued, if damages are recovered from such third parties, to the extent the third party obtains any indemnification from Okushu Tours; except where the loss, injury, death or damage is caused by the reckless or fraudulent conduct on the part of Okushu Tours, or their employees, guides, shareholders, officers or directors. Okushu Tours reserves the right to decline accepting or retaining any Client whose health or actions in Okushu Tours’ sole judgement impedes the operation of a trip or the welfare or enjoyment of fellow travellers. In further consideration for participating in the trip, the Client agrees that Okushu Tours, or their designate, may use any photographic or film records of the trips for promotional and/or commercial purposes, without any remuneration to the Client. The Client agrees to assign all right, title and interest they may have in or to any media in which their name or likeness might be used by Okushu Tours. This Limitation of Liability, Release and Indemnity is binding upon all members of the Client’s family, dependants, estate, heirs, successors and legal personal representatives. Any claim or dispute arising out of or relating to this Limitation of Liability, Release and Indemnity or its interpretation, the trip, or the Client’s relationship with Okushu Tours will be resolved exclusively in the courts of the Province of Ontario and will be governed exclusively by Ontario law.
