I agree to be bound: The tour package arranged by New York – Tokyo (“NYT”) is being provided to you expressly under the term and conditions set forth below (the “agreement”). By purchasing the package and by the act of making payments for the tour package, you hereby acknowledge and represent that you have read this Terms and Conditions and further you agree to be bound to each and every terms and conditions stated herein whether or not you sign this agreement.
NYT SPORTS: SNOW 2012 PACKAGE:
I acknowledge that NYT is not providing any service beyond the coordination of services offered by third party providers of accommodations, travel, food and beverage and various other activities as described in the package description. As such, I further acknowledge that NYT is not the provider of any of the services scheduled in the tour package. The third party service providers are as follows:
IACE: Air transportation to and from USA and Hokkaido
Rusutsu Resort (Kamori Kanko): Hotel accommodation, lift tickets, and ground transportation in Rusutsu
Lilac Travel: Hotel accommodation and lift tickets in Niseko
Daisetsuzan Shirakaba-sou Youth Hostel: Hotel accommodation and lift tickets in Asahidake
Frontier Furanui Spa: Hotel accommodation and lift tickets in Tokachidake
I acknowledge that I have received and read the terms and conditions of the above third parties and agree to be bound those terms and conditions.
PRICE AND PAYMENTS:
A full payment for the 7 DAY BASIC PLAN and the 11 DAY BACKCOUNTRY UPGRADE PLAN, and any additional fee (for the extensions, private rooms, participation from other cities) shall be paid for NYT to reserve spaces with third party providers no later than January 31, 2012.
Although NYT do not anticipate any changes in price, you agree that prices for the tour package are subject to change due to any increases in price charged by the third party providers. NYT will notify you of any change in price promptly.
Accepted forms of payment: Paypal
REFUND AND CANCELLATION POLICY:
(a) Cancellation by Third Party Providers – In the event that the tour, or any part thereof, is canceled by any third party provider of the tour, or due to war or natural disaster, NYT shall on your behalf work with the third party provider for the return of your payment attributable to that part of the tour. You acknowledge that each third party provider maintains its own cancellation and return policy and that you will only look to the third party provider for any refund of any payment.
(b) Cancellation by You – If you cancel for any reason, including but not limited to inability to pay the full price of the tour after having placed a payment/deposit and/or other payments with NYT, you will incur cancellation charges as follows:
- If you cancel before December 31, 2011, you will be charged the airfare out of the full price.
- If you cancel after December 31, 2011, you will be charged 100% of the full price.
MEDICATION AND MEDICAL NEEDS:
You are responsible for bringing and/or purchasing any needed medical supplies. You should bring supplies for a minimum of sixteen (16) days. NYT is not responsible for the purchase of any medications for you.
If, due to weather, flight schedule changes, cancellations or other uncontrollable factors, you are required to spend any additional night(s) en-route to, or from, your gateway city, you will be responsible for your own hotel, transfers, meals, and other costs.
NYT does not own or operate the entities that provide goods and services during the tour. This includes, but, is not limited to, lodging facilities, airline, guide services (from third party organizations), train, or other transport companies. All such entities are independent organizations. NYT is not liable for any negligent or willful act or failure to act of any such person or entity, or of any third party. In addition and without limitation, NYT is not responsible for any injury, loss, death, inconvenience, delay, or damage to person or property in connection with the provision of any goods or services, whether resulting from, but not limited to, acts of God, illness, disease, acts of war or civil unrest, insurrection or revolt, animals, third party (including Client) negligence, recklessness, or intentional misconduct, strikes or other labor activities, criminal or terrorist activities of any kind, mechanical or other failure of airplanes or other means of transportation, or for any failure of any transportation mechanism to arrive or depart on time. In exchange for the services provided by NYT, you agree to release NYT from all claims for loss, injury, damages, whether based in contract or tort, arising out of or relating to any of the services provided by any third parties.
The parties agree that all disputes, claims, and questions regarding the rights and obligations of NYT and you, including those rights and obligations arising under this agreement, shall be arbitrated in the State of New York. In case of dispute, either party may make a demand for arbitration by filing such demand in writing with the other party. The demand will be made within 90 days after the dispute first arises. No one will act as an arbitrator who is in any way financially interested in the work or the business affairs of either party. The arbitrator will act in compliance with the rules of the American Arbitration Association, existent at the time of the arbitration. The decision of the arbitrator shall be final and binding. The arbitrator will fix his or her own compensation, unless otherwise agreed on or otherwise determined by the rules of the American Arbitration Association, and, except as otherwise provided, will assess the costs and charges of the arbitration on either or both parties, equally. The arbitrator is authorized to award to the party whose contention is upheld such sums as he or she deems proper for the time, expense, and trouble incident to the appeal, including the costs and charges of the arbitration. No tour will be interrupted or delayed during any arbitration proceeding except on written agreement signed by both parties.
If any provision of this Agreement is held to be invalid or unenforceable, all other provisions hereof shall nevertheless continue in full force and effect. The parties acknowledge that this Agreement shall not be subject to change or modification except by the execution of another instrument in writing, subscribed to by the parties hereto. The parties agree that this Agreement shall be construed and applied according to the laws of the State of New York, without regard to its principles of conflicts of law. The foregoing contains the entire agreement between the parties, and there are no other understandings or agreements between them.