Fool’s Paradise Travel, LLC Terms and Conditions
Fool’s Paradise Travel, LLC hereby known as Fool’s Paradise.
1. An Arranged Tour Contract with Fool’s Paradise Travel concludes with the Traveler shall be subject to these General Terms and Conditions. Matters which are not provided for in these General Terms and Conditions shall be governed by the laws, ordinances, regulations and generally established practice.
2. If Fool’s Paradise has concluded a special agreement in writing not in violation of the law, ordinances and regulations and within the scope not unfavorable to the Traveler, that special agreement, notwithstanding the provisions of the preceding Paragraph, shall prevail over the provisions of these General Terms and Conditions.
Definition of Terms
1. An “Arranged Tour Contract” as stated in these General Terms and Conditions means a contract under which Fool’s Paradise, commissioned by the Traveler, undertakes to make arrangements so that the Traveler can receive services for transportation, accommodation, and other services for travel provided by transportation/accommodation facilities (hereinafter referred to as “Travel Services”) by acting as a representative, as an intermediary, as an agent, etc., on behalf of the Traveler.
2. As stated in these General Terms and Conditions, “Domestic Travel” means travel only within the United States and “Overseas Travel” means travel other than Domestic Travel.
3. A “Travel Fee” as stated in these General Terms and Conditions means a charge which Fool’s Paradise pays to transportation/accommodation facilities, etc., such as a fare, accommodation charges, etc., and the prescribed travel business handling fee of the Company (excluding a fee for procedures for making a change as well as that for making a cancellation) in order for Fool’s Paradise to make arrangements for Travel Services.
4. A “Communications Contract” as stated in this part means an Arranged Tour Contract which the Company concludes with a card member of the credit card company affiliated with the Company (hereinafter referred to as the “Affiliated Company”) in accordance with an application made by telephone, mail, facsimile, or any other means of communication with which the Traveler agrees in advance to settle any credit or debt of the Company in respect of the Traveler concerning the Travel Fee, etc., based on the Arranged Tour Contract on or after the date on which such credit or debt should be settled in accordance with the card membership rules of the Affiliated Company separately established, and with which the traveler pays the Travel Fee, etc., in
accordance with the method provided for in Paragraph 2.
Completion of Obligations Concerning Arrangements
When the Company has made arrangements for Travel Services with the good manager’s duty of due care, the performance of Fool’s Paradise obligations based on the Arranged Tour Contract is deemed completed. Accordingly, even if Fool’s Paradise was unable to conclude a contract with transportation/accommodation facilities, etc., for providing Travel Services due to a reason of being full, suspension of business, conditions being unsuitable, etc., the Traveler has to pay to Fool’s Paradise its prescribed travel business handling fee (hereinafter referred to as the “Handling Fee”) if Fool’s Paradise has fulfilled its obligations.
Travel Change Requests/Cancellation
1. The Traveler may request Fool’s Paradise to change the itinerary, the contents of Travel Services and other contents of the Arranged Tour Contract. In this case, Fool’s Paradise will comply with the Traveler’s request to the reasonably practical extent.
2. If a change is to be made in the contents of the Arranged Tour Contract at the request of the Traveler referred to in the preceding Paragraph, the Traveler must bear a cancellation fee, a penalty to be paid to transportation/accommodation facilities, etc., when canceling the arrangements already completed, as well as any other cost required for the change in the arrangements, and pay to Fool’s Paradise a fee for procedures for making a change prescribed by Fool’s Paradise. Any increase or reduction in the Travel Fee resulting from the change in the contents of the Arranged Tour Contract concerned shall be attributed to the Traveler.
Voluntary Cancellation by the Traveler
The Traveler may cancel the Arranged Tour Contract in whole or in part at any time. If the Arranged Tour Contract has been canceled in accordance with the provisions of the preceding Paragraph, the Traveler must, in addition to bearing the cost which has already been paid, or which must be paid in the future, to transportation/accommodation facilities, etc., as a consideration for the Travel Services already received by the Traveler, or as the cancellation fee, the penalty, etc., for the Travel Services not yet
received, pay to Fool’s Paradise the fee for procedures for making a cancellation prescribed by Fool’s Paradise and the Handling Charge which Fool’s Paradise would have received.
Cancellation Due to a Cause Attributable to the Traveler
Fool’s Paradise may cancel the Arranged Tour Contract in any of the following cases:
(1) If the Traveler has not paid the Travel Fee by the prescribed date(s);
(2) If the Traveler has become unable to settle the debt in connection with the Travel Fee, etc., in whole or in part in accordance with the card membership rules of the Affiliated Company, for such a reason as the Traveler’s credit card becoming invalid
after a Communications Contract has been concluded or has not made required payments via CashApp, Venmo or PayPal.
2. If the Arranged Tour Contract has been canceled in accordance with the provisions of the preceding Paragraph, the Traveler must, in addition to bearing the cost which has already been paid, or which must be paid in the future, to transportation/accommodation 9 facilities, etc., as the cancellation fee, the penalty, etc., for the Travel Services not yet received, pay to Fool’s Paradise the fee for procedures for making a cancellation prescribed by the Company and the Handling Charge which Fool’s Paradise would have received.
3. If the Traveler disputes any fees, cancellation of the Arranged Tour, or any fees assessed, or has any claims against Fool’s Paradise the parties to this contract hereby agree to resolve legal disputes through arbitration rather than civil lawsuits. There shall be one Arbitrator and the place of arbitration shall be the state of Massachusetts. Judgement on the award rendered by the Arbitrator may be entered in anu court having jurisdiction thereof.
Cancellation Due To a Cause Attributable to Fool’s Paradise
1. The Traveler may cancel the Arranged Tour Contract if it has become impossible to make arrangements for Travel Services due to causes attributable to Fool’s Paradise within 30 days of deposit.
2. If the Arranged Tour Contract has been canceled in accordance with the provisions of the preceding Paragraph, Fool’s Paradise shall refund the Traveler the Travel Fee already received, excluding the cost which has already been paid, or which must be paid in the future, for transportation/accommodation facilities, etc., as a consideration for the Travel Services already received by the Traveler.
3. The provisions in the preceding Paragraph do not prevent the Traveler from making a claim against Fool’s Paradise for damages. If the Traveler disputes any fees, cancellation of the Arranged Tour, or any fees assessed, or has any claims against Fool’s Paradise the parties to this contract hereby agree to resolve legal disputes through arbitration rather than civil lawsuits. There shall be one Arbitrator and the place of arbitration shall be the state of Massachusetts. Judgement on the award rendered by the Arbitrator may be entered in anu court having jurisdiction thereof.
Travel Fee
1. The Traveler must pay the Travel Fee to the Company by the time, prior to the commencement of the tour, fixed by the Company. Must pay 30 days prior to the trip.
2. The Company will receive payment of the Travel Fee by means of the card of the Affiliated Company without the
Traveler’s signature on a prescribed payment slip (add CashApp, Venmo and Paypal). In this case, the day on which the Company has notified the Traveler of the finalized contents of Travel Services shall be considered to be the Card Use Day.
3. If fluctuation in the Travel Fee has arisen prior to the commencement of the tour due to a revision of a fare/charge of the transportation/accommodation facilities, etc., exchange rate fluctuations or any other cause, the Company may change the Travel Fee concerned.
4. In the case referred to in the preceding Paragraph, the increase or reduction in the Travel Fee shall be attributed to the Traveler.
5. Where a Communications Contract has been concluded with the Traveler, if there has arisen any cost, etc., to be borne by the Traveler in accordance with the provisions of Chapter III or IV, the Company will receive payment of such cost, etc., by means of the card of the Affiliated Company without the Traveler’s signature on a prescribed payment slip. In this case, the day on which the Company has notified the Traveler of the amount of the cost, etc., to be paid by the Traveler to the Company or of the amount to be refunded by the Company to the Traveler shall be considered to be the Card Use Day. However, if the Company has canceled the Arranged Tour Contract in accordance with the provisions of Item (2), Paragraph 1, Article 14, the Traveler must pay the cost, etc., to be paid by the Traveler to the Company by the date fixed by the Company by the method of payment specified by the Company.
Adjustment of the Travel Fee
If the Handling Charge and the amount of cost paid by the Company to the transportation/accommodation facilities, etc., to make arrangements for Travel Services which should be borne by the Traveler (hereinafter referred to as the “Adjustment Travel
Fee”), on one hand, and the amount already received as the Travel Fee, on the other, are not in agreement, the Company shall promptly adjust the Travel Fee after the completion of the travel in accordance with the provisions of Paragraphs 2 and 3.
2. If the Adjustment Travel Fee exceeds the amount already received as the Travel Fee, the Traveler must pay the difference to the Company.
3. If the Adjustment Travel Fee is less than the amount already received as the Travel Fee, the Company shall refund the difference to the Traveler.
Responsibility of the Traveler: Activities, Accommodations, etc.
Traveler’s activities on the Trip are done so at their own risk. Traveler’s hold harmless Fool’s Paradise for any injury, death, or dismemberment from any activity in which the Traveler participates.
1. If the Company incurred any damage caused by a Traveler intentionally or by negligence, the Traveler must compensate for the damage.
2. Add all damages to accommodations, etc. are the responsibility of the Traveler.
3. In concluding an Arranged Tour Contract, the Traveler should endeavor to understand his/her rights and obligations and other contents of such contract, making good use of the information provided by Fool’s Paradise.
4. In order to smoothly receive the Travel Services mentioned in the Contract Document after the commencement of the travel, should a Traveler have realized that Travel Services different from those mentioned in the Contract Document have been provided,
he/she must promptly notify the Company via email or Certified Letter, the Arrangements Agent of the Company, or the provider of the Travel Services concerned to that effect at the place of travel.