Cocolo Travel is a travel agency specialising in tailor-made travel in Japan, with its registered office in Tokyo (Japan).
Cocolo Travel is a limited liability company incorporated under Japanese law (IM: 6010003023231) with a share capital of ¥ 7.000.000, whose registered office is at: JAPON, 1 Chome-3-9 Uehara, Shibuya City, Tokyo 151-0064.
Cocolo Travel holds travel agency operating licence no. 3-7597, issued by the Tokyo Metropolitan Government, and is represented by DEROUBAIX Maki, holder of the travel business management qualification. It is an official member of the All Nippon Travel Agency (ANTA) association of tour operators, with a guarantee bond in the amount of ¥ 11.000.000.
GENERAL PROVISIONS
These Specific Terms and Conditions of Sale apply, unless otherwise stipulated, to the services performed between the travel agency Cocolo Travel and the Customer, whether the Customer is acting in a professional capacity or not, and form an integral part of the service contract, whether written or verbal, concluded between Cocolo Travel and the Customer.
The Customer acknowledges having read these Specific Terms and Conditions of Sale in their entirety, together with the specific conditions applicable to certain services and all the terms of the proposal, before confirming their order with Cocolo Travel. Acceptance of the contract therefore entails the Customer’s full adherence to Cocolo Travel’s Specific Terms and Conditions of Sale. Likewise, after the conclusion of the contract, the Customer undertakes to read in full all correspondence and travel documents sent by Cocolo Travel.
In the event of any contradiction between different versions of the Specific Terms and Conditions of Sale, the version available on the website www.cocolotravel.com shall prevail.
CONCLUSION OF THE CONTRACT
As soon as a confirmation email from the Customer reaches Cocolo Travel, the parties having agreed on the product and on the price, the contract shall be deemed concluded and these Specific Terms and Conditions of Sale shall apply. Following this confirmation by the Customer, Cocolo Travel shall send back an overall invoice corresponding to it, together with the payment arrangements. The services provided for in the contract are booked by Cocolo Travel only after the contract has been concluded, unless otherwise stated. By way of exception, so that they may be secured on the best terms, accommodation for groups of fewer than 10 people shall systematically be held from the moment the first priced quotation is sent, unless otherwise specified when that quotation is sent.
VALIDITY OF PRICES AND PAYMENT TERMS
All the services offered and all Cocolo Travel invoices are expressed as net values and in euros (EUR), and remain valid from the formal conclusion of the contract, subject to the provisions of Article 2. The amount may also be shown in the Customer’s local currency; that amount is indicative only, at the exchange rate of the day. The equivalent in the Customer’s local currency may vary according to exchange rates and may be adjusted for each payment. Confirmation of a trip entails the immediate payment of a deposit of 15% of the total price of the trip. The balance must be paid no later than 45 days before the arrival date. If the travel dates are too close (less than 45 days before arrival), the full payment shall be requested in a single instalment.
In the case of payment by international bank transfer, the various payment and bank charges (currency exchange, issuing and receiving fees) shall be borne by the Customer. Should Cocolo Travel not receive the exact amounts shown on the invoices, those invoices shall systematically be readjusted.
In the event of late payment, a reminder email shall be sent to the Customer to that effect. In addition, any delay in the deadlines for the various payments provided for in the contract may give rise to a penalty of the order of 2% of the total price of the trip per week of delay. Where the delay is excessive, Cocolo Travel reserves the right to treat that delay as a cancellation, to which the charges set out in the cancellation scale referred to in Article 5 shall consequently be applied.
In the event of non-payment, payment being an essential condition of the contract, Cocolo Travel shall not be obliged to perform its services and shall be entitled to cancel all the services of the trip. The charges set out in the cancellation scale referred to in Article 5 shall then apply. Cocolo Travel reserves the right to take legal action to secure payment of those cancellation charges. The following shall not be regarded as discharging the debt: provision of a bank card number, promises, etc. Only the sending of official proof of payment shall allow the cancellation procedure to be suspended. In the event of any irregularity, delay or failure of payment on the part of the Customer, Cocolo Travel may not be held liable for any increase in prices resulting from late payment or non-payment of one or more suppliers.
SERVICES
Guided visits
For logistical reasons, the order of the guided visits may be changed by Cocolo Travel, but all the visits stated as included in the contract shall be carried out (except in the event of a lack of time due to the pace of the group, or of an event beyond Cocolo Travel’s control.)
Accommodation
If one of the accommodations provided for in the quotation cannot be booked or maintained for the trip for a reason beyond Cocolo Travel’s control (in particular building works arising after confirmation, natural disaster, booking made more than 6 months or less than 2 months in advance, unavailability, price changes, etc.) or for any other significant reason calling into question the level of quality of the service, Cocolo Travel undertakes to provide a new offer of service of an equivalent standard. Check-in at the accommodation is generally scheduled from 15:00–16:00, and rooms must be vacated by 10:00 at the latest. In traditional accommodation (ryokan, temple, minshuku, etc.), single occupancy is rarely possible. Irrespective of any single supplement, participants travelling alone may be grouped together in twin or triple rooms, according to their gender. Rooms are not necessarily equipped with private toilet and bathroom facilities; the establishment does, however, always provide communal baths. These baths (onsen, sento, etc.) are entered naked, swimwear is prohibited, and women and men are separated.
Luggage
During the stay, bulky luggage must be sent by private carrier between certain stages of the itinerary. On an escorted trip, unless otherwise provided, the shipment shall be carried out by Cocolo Travel and the related costs included in the contract. Conversely, on a self-guided trip, the Customer shall be responsible for sending their luggage themselves and for paying for it, using Cocolo Travel’s instructions. As the procedure requires a minimum of 24 hours, the Customer must plan for a bag containing a change of clothes and toiletries for the night(s) on which they will not have their luggage.
Japan Rail Pass and other passes
The Japan Rail Pass and the other passes included give access to the rail company’s network at a preferential rate; they may be offered by Cocolo Travel depending on their consistency with the itinerary and with seasonality. As this type of pass allows train tickets to be reserved only upon the Customer’s arrival in Japan, it entails the risk of the proper performance of the trip being called into question (shifted timetables, reduced visiting times, travelling in seats that are not side by side, travelling standing up).
CANCELLATIONS OR AMENDMENTS
Principle
Once the contract has been concluded, any request for amendment or cancellation from the Customer must reach Cocolo Travel by email. The date used to determine the cancellation periods giving rise to the penalties below shall be the date on which Cocolo Travel receives the email clearly and unambiguously indicating the intention to cancel. Cocolo Travel’s scale of cancellation charges is not open to alteration. Accordingly, the Customer’s finding that more flexible cancellation charges are available “direct” shall in no way call into question the application of this scale. Indeed, while Cocolo Travel benefits from preferential rates from its various suppliers, the latter impose stricter cancellation/amendment conditions on it in return.
Scale of cancellation charges
The following cancellation conditions apply between Cocolo Travel and the Customer unless otherwise stipulated.
Charges payable in the event of total cancellation of the booking or of a service
- more than 45 days before departure: 30% of the total price of the trip and/or of the cancelled service;
- between 45 and 22 days before departure: 50% of the total price of the trip and/or of the cancelled service;
- between 21 and 8 days before departure: 75% of the total price of the trip and/or of the cancelled service;
- less than 8 days before departure and after the departure date: 100% of the total price of the trip and/or of the cancelled service.
If the travel contract specifically states non-cancellable charges for a particular service (in particular special events), the price of that service may be added to the cancellation charges above. In the case of an interruption of the stay on site, the total cancellation of the booking occurring after the departure date, no refund of unused services (hotel night, meals, etc.) may be granted.
Charges payable in the event of cancellation by some of the participants:
The charges equivalent to a total cancellation as provided for in 5.2.1 above shall be applied to each person wishing to cancel their trip or a service, while the other participants maintain their stay.
On a group trip, the per-person price of the bracket corresponding to the new total number of participants shall be applied. If the cancellation charges invoiced do not cover the increase in the remaining participants’ share of the collective costs (guiding, vehicles, etc.), the quotation may be recalculated with the new total number of participants, and any corresponding supplement per person may be requested in order to maintain the stay. Where applicable, should the Customer refuse to pay that supplement, Cocolo Travel shall treat this as a total cancellation of the booking, with application of the scale provided for in Article 5.2.1.
If the cancellation concerns a participant sharing a room with one or more other participants, then those participants who were sharing that room and who maintain their trip shall be invoiced for the supplement resulting from the cancellation of the participant who is no longer coming. Likewise, if a participant is left alone, they shall pay the single supplement.
Amendments to the booking
The Customer may not change the scheduled service dates without Cocolo Travel’s prior written agreement. Any amendment requested by the Customer after the conclusion of the contract may be subject to amendment fees, in particular in order to remunerate the resulting human intervention and/or to cover any amendment or cancellation charges invoiced by the suppliers. The Customer may add services at any time, provided they are available and consistent with the itinerary established. From less than 45 days before the arrival date and once on site, payment within 24h shall be required, by any means convenient to the Customer and to Cocolo Travel, in order to validate the additions. Once on site, should the Customer miss or cancel an activity, a transfer or any other service, they may not request a refund of that service. Cocolo Travel may assist the Customer, as far as possible, in arranging a new time slot if they so wish; the Customer must, however, pay on site the full costs incurred.
For restaurant booking requests made by the Customer that were not included at the time the contract was concluded:
- where a table is booked with a compulsory set menu, Cocolo Travel reserves the right to invoice the price of the booked menu directly (excluding drinks), plus 5% service charges.
- where a table is booked without a set menu, service charges of a minimum of 2.000 yen per booking shall be invoiced. In both cases provided for in the preceding paragraphs, the service charges shall be entirely non-refundable, even in the event of subsequent cancellation. As regards the conditions for refunding the price of the booked menu, this shall depend entirely on the policy of the restaurant concerned. Only the sums that Cocolo Travel recovers shall be refundable.
DELIVERY OF TRAVEL DOCUMENTS
The delivery of travel documents is conditional upon receipt in full of the payments for the trip. Part of the travel documents is sent in digital form approximately 15 days before the date of arrival in Japan, the latest date on which Cocolo Travel has visibility over whether the trip will go ahead. If, 7 days before arrival, the Customer is not in possession of the documents in digital form, it is incumbent upon them to inform Cocolo Travel so that the situation can be remedied in time.
In the event of cancellation or postponement of the stay owing to the Customer or following an exceptional and unavoidable circumstance (border closure, etc.) as provided for in Article 9, Cocolo Travel shall be released from sending the travel documents, even where full payment of the price of the trip has been received from the Customer.
All the travel documents in their physical form (travel wallet, vouchers, transport tickets, maps, etc.) shall be delivered by post (to the first hotel of the stay) to the group leader on the travellers’ arrival on site. The group leader undertakes to note and check in full everything delivered to them. Once this procedure has been completed and if no shortfall is found, the group leader becomes responsible for the travel documents and undertakes not to take action against Cocolo Travel for any loss. In the event of loss, Cocolo Travel may approach the competent authorities with a view to recovering any mislaid documents. Where it is impossible to recover those documents, Cocolo Travel shall help the Customer as far as possible, but the Customer must immediately pay the costs arising from the re-purchase of those documents (in particular transport tickets, etc.) For environmental reasons, physical versions of the travel notebook shall not be provided.
AIR TRANSPORT
Air transport (between the Customer’s country of residence and Japan, as well as domestic flights within Japan) is at the Customer’s expense and under the Customer’s sole responsibility. Accordingly, no air-related tax (in particular airport tax) is invoiced by Cocolo Travel. Cocolo Travel may not be held liable for the consequences of a failure to present identity documents, or of the presentation of expired identity documents or documents with insufficient remaining validity, or of the loss or theft of luggage.
In order to avoid any problems, Cocolo Travel recommends that Travellers purchase changeable and/or refundable services and allow sufficient transfer times.
LIABILITY
Cocolo Travel may not be held liable in the event of an exceptional and unavoidable circumstance (as provided for in Article 9) or of a fortuitous event, nor liable for the acts of the Customer, of a third party or, more specifically, of any intermediary between the Customer and Cocolo Travel (who may act in particular in respect of the monetary transactions relating to the stay.)
Where a stay is organised for several participants, the Customer signing the contract is the person responsible for it. Cocolo Travel considers the person responsible for the contract to hold full and complete power of attorney from all the participants in the group in respect of the conclusion of the travel organisation services contract and of its performance. The person responsible for the contract is also the guarantor of the proper performance of the obligations incumbent on the individual members of the group, in particular in the event of damage caused by one of them, and as regards the payment of the sums due under the contract. Cocolo Travel may not, under any circumstances, be held liable for the consequences of the Customer’s failure to comply with police, customs or health regulations during their stay in Japan.
The formalities concerning passports, visas and other documents required to enter Japanese territory must be carried out directly by the Customer in contact with the competent authorities. Cocolo Travel gives no guarantee in this respect. Should the obtaining of a visa nevertheless require documents relating to the trip, Cocolo Travel undertakes to provide them to the Customer.
Unless otherwise stated, French, Swiss and Canadian nationals, and those of the European Union, are exempt from visa formalities before departure. A tourist visa valid for a maximum of 90 days shall be issued to them at immigration control on arrival in Japan. Unless otherwise stated, a vaccination record is not required.
The regulations concerning the entry, import and export of goods in Japan are strict. The Customer undertakes to acquaint themselves with them on their own initiative (in particular on the website of the Embassy of Japan in France) and to comply with them.
On a trip requiring the Customer to drive a vehicle, the Customer must be in possession of the original of their driving licence and of its Japanese translation provided by Cocolo Travel. Should these documents be forgotten or lost, Cocolo Travel may not be held liable for the impossibility of performing the services relating to that part of the trip.
The Customer may be refused certain services in particular cases without being able to claim a refund (Japan being a country that is very concerned with respect for the rules and for others, but also deeply rooted in tradition and not very flexible), in particular:
- Allergies and special diets;
- Visible tattoos when accessing public baths;
- Inappropriate behaviour, loss of composure, “forcing”, “sitting”, etc.
EXCEPTIONAL AND UNAVOIDABLE CIRCUMSTANCE
In the event of an exceptional and unavoidable circumstance, the trip, being unable to take place, shall be cancelled. Cocolo Travel shall be released from all liability. The Customer may not claim any lump-sum compensation for cancellation of the stay. Cocolo Travel may offer to postpone the trip to a later date, in the form of a credit note equivalent to the amounts already received as at the cancellation date. These arrangements allow the Traveller to make their trip in better conditions and limit the impact on Cocolo Travel, in particular with regard to all of its employees and suppliers. Where Cocolo Travel offers a credit note on the aforementioned terms but the Customer nevertheless wishes to obtain a refund rather than a postponement of their trip, the charges set out in the cancellation scale in Article 5.2.1 shall apply. It shall be for the Customer to contact their cancellation insurance provider in order to obtain cover for the charges retained.
INSURANCE
As provided for by local regulations, every Cocolo Travel Customer shall be covered by public liability insurance for the entire duration of their stay organised by Cocolo Travel in Japan (excluding any early arrival and/or extension of stay arranged by the Customer on their own initiative.) As Cocolo Travel provides no other type of cover, the Customer undertakes to obtain cover on their own initiative through:
- a repatriation / medical expenses insurance policy (to be taken out at any time up to the day before the trip);
- a cancellation insurance policy (to be taken out within 24h of the first payment for the trip.)
The Customer must provide the aforementioned insurance certificates to Cocolo Travel. On site and at the Customer’s request, Cocolo Travel may provide assistance in an emergency (hospital, police station, etc.), both by accompanying the Customer and by interpreting. The resulting costs (travel, making staff available, etc.) shall be borne entirely by the Customer. An invoice may be issued in order to claim cover from the Customer’s insurance.
COMPLAINTS
Any failure in the performance of the contract observed on site must be reported to Cocolo Travel, with supporting evidence, as soon as possible during the stay, so that Cocolo Travel is able to remedy it as quickly as possible. Any complaint relating to a stay must be sent to Cocolo Travel by registered post with acknowledgement of receipt, together with the original supporting documents, within one month of the end of the contract. In the event of a dispute, the parties undertake to use their best efforts to resolve it amicably. Should this prove unsuccessful, they may have recourse to a contractual mediation procedure. Failing that, any dispute must be brought before the courts of the place where the defendant is domiciled.
PERSONAL DATA
In order to enable the various travel services to be performed, the Customer’s personal data shall be disclosed to Cocolo Travel’s partners and suppliers (hotels, carriers, etc.) That data may also be used for direct marketing purposes, through the sending of promotional or commercial offers from Cocolo Travel, under the conditions provided for by law. For ethical reasons, Cocolo Travel undertakes to erase the personal data of Travellers who so request by email.