KBJ ANDERSON JAPAN TRIP TERMS & CONDITIONS
JAPAN STUDY TRIP PARTICIPANT AGREEMENT VERSION MARCH 6, 2020
This Japan Study Trip Participant Agreement (the “Participant Agreement“) contain the terms under which Integrand LLC (DBA KBJ Anderson Consulting) (“KBJ Anderson“, “we“, or “us“) offer the Japan Study Trip (the “Trip“). By registering and paying your deposit or payment for the Trip, you are entering into this Participant Agreement with us. Please read this Participant Agreement carefully before making a deposit or payment for the Trip. This Participant Agreement may be supplemented by additional terms and conditions specific to your Trip (“Supplemental Terms”). In the event of a conflict between this Participant Agreement and the Supplemental Terms, the Supplemental Terms will apply.
The Trip, as described on the KBJ Anderson website (the “Website”) or in your brochure, is provided by the independent operator named on the Website or in your brochure (the “Operator”). KBJ Anderson acts only as the Trip sponsor and is not responsible for the acts or omissions of other parties, including the Operator. The terms and conditions of this Participant Agreement apply to the Trip and the program for the Trip (the “Itinerary”).
Pricing and Inclusions: Quoted Trip prices are per person, single occupancy, except where indicated. Prices include programming, planning, handling, and operational charges and are based on current rates of exchange, tariffs, and taxes in effect at the time of publication. We or the Operator reserve the right to increase Trip prices to cover increased costs, tariffs, taxes, and V.A.T. and to reflect fluctuations in foreign exchange markets that occur after prices are published. We will not give a breakdown in the price of a Trip or its parts. Modification of Trip content size will not affect the published price.
Exclusions: Quoted Trip prices exclude: trip insurance; international airfare, including airfare and other transportation to and from the Trip (unless otherwise noted); travel expenses before or after the Trip itinerary; costs associated with obtaining passports or entry visas; airport departure taxes (unless otherwise noted); excess baggage charges; meals other than those specified in the Itinerary; sightseeing not included in the Itinerary; and personal expenses, such as laundry, communication charges, and optional activities (which are subject to availability).
Reservations and Payments: The Trip price and non-refundable deposit are listed on the Website or in your brochure. The non-refundable deposit is required in order to confirm your booking. Upon receipt of the non-refundable deposit or full payment, the Operator will send you confirmation of your booking.
If paying in installments, payment of 50% of the remaining Trip fee balance (total Trip price minus non-refundable deposit already paid) is due one-hundred and eighty (180) days prior to departure, and final payment of the full balance is due ninety (90) days prior to departure unless otherwise indicated on the Website or in the brochure. Your payment installation plan and payment dates will be listed on the confirmation.
If your reservation request is made within one-hundred and fifty (180) days of departure, cost of the non-refundable deposit and 50% of the remaining Trip balance (total price minus the deposit price) must be paid at the time of your reservation request in order to secure confirmation. If your reservation request is made within ninety (90) days of departure, the entire cost of the trip must be paid at the time of the reservation request in order to secure confirmation.
Full payment for any reduced Trip price offerings must be made before the published deadline for the specific discount (e.g., “early bird price”) or as agreed upon in writing with the Operator. Upon receipt of the payment, the Operator will send you confirmation of your reservation.
Please do not make airline reservations until you receive confirmation from the Operator to do so.
If the Trip is already full, we will accept deposits of 50% of the current published Trip fee on a standby basis. If space becomes available, you will have the choice to either join the Trip by paying the full cost of the trip or to forfeit the space and receive a full refund of your deposit.
Travel Insurance: We strongly recommend that you purchase trip cancellation and medical insurance. If you decline insurance coverage, you will personally assume full responsibility for any financial loss associated with your travel arrangements, and you could lose your travel investment and/or have to pay more money to correct the situation.
Double Occupancy Travelers: Trip prices are based on single occupancy. If you share a room with a non-Trip participant, you will be responsible for additional room charges for double occupancy. If you wish to share a room with another paid Trip participant, contact the Operator at the time of your application.
Cancellation by You: We must receive your cancellation notice in writing by email, fax, or overnight courier, and your cancellation date will be the date on which we receive your notice.
- If we receive your cancellation notice one-hundred and eighty-one (181) days or more from the start of the Itinerary, we will retain your non-refundable deposit. We will refund all of the remaining Tour price, to the extent that you have made that payment, minus any additional bank or credit card processing fees.
- If we receive your cancellation notice one-hundred and fifty-one (151) days to one-hundred and eighty (180) days from the start of the Itinerary, we will retain your non-refundable deposit plus twenty-five percent (25%) of the Trip price balance based on single occupancy. The remainder of the Trip price that you have paid will be refunded, to the extent that you have made that payment, minus any additional bank or credit card processing fees.
- If we receive your cancellation notice one-hundred and fifty (150) to ninety-one (91) days prior to the start of the Itinerary, we will retain your non-refundable deposit plus fifty percent (50%) of the Trip price balance based on single occupancy. The remainder of the Trip price that you have paid will be refunded, minus any additional bank or credit card processing fees.
- If we receive your cancellation notice ninety (90) to sixty-one (61) days prior to the start of the Itinerary, we will retain seventy-five percent (75%) of the Trip price paid based on single occupancy, as well as the non-refundable deposit. The remainder of the Trip price that you have paid will be refunded, minus any additional bank or credit card processing fees.
- If we receive your cancellation notice sixty (60) days or fewer prior to the start of the Itinerary, we will retain one hundred percent (100%) of the Trip price.
- If the Trip has a waitlist when we receive your cancellation notice between thirty-one (31) to one-hundred and twenty (150) days prior to the start of the Trip, and your space can be and is resold at that time, you will be reimbursed your payment minus the $1000-per-person non-refundable deposit and any associated bank or credit card processing fees. If we are unable to resell your space from an already established waitlist, the cancellation fee schedule above will apply.
- Up until thirty-one (31) days or more before the start of the Itinerary, you may transfer your reservation, upon approval by the Operator, to another individual employed at your company. Within thirty (30) days or fewer prior to the start of the Itinerary, the reservation is non-transferable and is subject to the cancellation terms in this policy.
- Any penalty imposed by an airline or railway, including for airline or railway service between points on the Trip (“Internal Travel”) or travel to or from the Trip, is your responsibility.
Your decision not to participate in the Trip due to State Department warnings, fear of travel, illness, or any other reason will be deemed a cancellation and will be subject to the cancellation provisions of this Participant Agreement. If a flight or other delay for any reason prevents you from joining the Trip on the Trip departure date and time, you will be considered a no-show, and we will not provide a full or partial refund or credit toward a future Trip, but you may join the Trip late, if you wish.
Passports and Visas: You are solely responsible for complying with passport and visa requirements. For U.S. travelers, international travel requires a passport valid six (6) months beyond your intended return travel date. In many cases, you will also need to have multiple consecutive blank visa pages within your passport (the number varies depending on the destination(s)). Many destinations also require that visas be obtained prior to travel. It is recommended that you check with the U.S. Department of State website for the latest passport and visa requirements.
Cancellation or Substitution by Us: We will make commercially reasonable efforts to keep the Itinerary as it has been published; however, the final Itinerary may vary due to availability and factors beyond our control. We may in our sole discretion substitute services, such as hotels or goods of similar quality, for any service or good stated in the Itinerary. If a Trip speaker (“Speaker”) or site visit host (“Host”) cancels, the Operator will make every effort to find a replacement. You will not be refunded in whole or in part when the Operator is unable to find a replacement Speaker or Host.
We reserve the right to cancel the Trip because of inadequate enrollment that makes the Trip economically infeasible to operate. If we cancel the Trip, our liability is limited to a full refund of your payments to us, minus any bank or credit card processing fees, and we will not be liable for any other costs, damages, or refunds of any kind for any loss, delay, inconvenience, disappointment, or expense whatsoever in such circumstances, including but not limited to your airline reservations. If a Trip in progress must be interrupted or canceled, our liability shall be strictly limited to a refund of the recoverable cost of any unused portion of the Trip.
We reserve the right to cancel the Trip before it begins because of our concerns with respect to the safety, health, or welfare of our travelers or staff, or due to a Force Majeure Event (as defined below). If we cancel the Trip pursuant to this paragraph, our liability is limited to a full refund of your payments to us, minus any bank or credit card processing fees, any non-refundable costs we have incurred in preparing your Trip and your non-refundable deposit. You may also choose to apply the refundable payments described in the previous sentence for use for a future Trip with us. We will not be liable for any other costs, damages, or refunds of any kind for any loss, delay, inconvenience, disappointment, or expense whatsoever in such circumstances, including but not limited to your airline reservations.
Very rarely, we may be forced by a Force Majeure Event (as defined below) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds, pay you any compensation, or meet any costs or expenses you incur as a result of such changes or termination.
Other Taxes and Fees: Some governments charge departure taxes and/or fees. These fees are the responsibility of each person traveling to the designated country and are not included in the Trip price unless stated.
Baggage: We assume no liability for loss or damage to baggage in transit to and from the Trip or while on the Trip. We recommend purchasing a supplemental travel insurance package.
Suppliers’ Acts or Omissions: The Operator acts only as an independent contractor to supply or arrange for the travel services named in your Itinerary or otherwise to procure services or goods from third parties such as airlines, hotels and other lodging providers, local hosts, guides, bus lines, train lines, car rental companies, driving services, restaurants, and providers of entertainment (the “Suppliers”). The Operator and KBJ Anderson assume no responsibility for any personal injury, property damage, or other loss, accident, delay, inconvenience or irregularity which may be occasioned by reason of any act or omission of any of the Suppliers.
Conduct During the Trip: You are responsible for acting professionally and respecting the authority and following the directions of the Trip guide and the laws of the countries in your Itinerary during the Trip. We may exclude you from participating in all or any part of the Trip if, in our sole discretion, your condition or behavior renders you unfit for the Trip or unfit for continuation once the Trip has begun. Unfitness may include, without limitation, any behavior that, regardless of its cause, is inappropriate or offensive or interferes with the delivery of Trip services or may constitute a hazard or embarrassment. In such case, our liability shall be strictly limited to refund of the recoverable cost of any unused portion of the Trip. Should you decide for any reason not to participate in certain parts of the Trip or use certain goods included in the Trip, no refunds will be made for those unused parts of the Trip or goods. You agree to indemnify and hold us harmless from and against any costs, damages, losses or liabilities arising out of (a) the actions or omissions of any minors traveling with you and (b) if you checked the box indicating that you are signing on behalf of yourself and your traveling companions, your companions’ claims that you were not authorized to agree to this Participant Agreement on their behalf.
Limitation of Liability and Damages: You fully and forever release and discharge KBJ ANDERSON, the operator, and their respective affiliates, directors, officers, shareholders, employees, agents, and insurers, and all others involved in the trip (collectively the “released parties”) from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to you, your property, or any other person, directly or indirectly arising out of or in connection with your participation in the trip, even if it is due to the negligence, injudicious act, omission, or other fault of the released parties.In no event will THE RELEASED PARTIES be liable for any injury, loss, claim, damage or any special, punitive, exemplary, direct, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, that arise out of or are in any way connected with the Trip, even if advised of the possibility of such damages.
INDEMNIFICATION. You agree to defend, indemnify, hold harmless, and reimburse the Released Parties from and for all damages, losses, costs, or expenses (including legal fees) incurred by the Released Parties or paid by them to any person in respect of any accident, injury (including death), loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with any negligence or willful misconduct by you during your participation in the Trip. You will reimburse the Released Parties if anyone makes a claim against the Released Parties in connection with any negligence or willful misconduct by you during your participation in the Trip, including, without limitation, any accident you may be involved in or any injury, loss, damage to me, other parties or property however caused.
Travel Advisories and Warnings: It is your responsibility to become informed about the most current travel advisories and warnings by referring to the U.S. State Department’s travel website at travel.state.gov or by phone at 888 407 4747.
Force Majeure: KBJ Anderson and the Operator assume no responsibility for any personal injury, property damage or other loss, accident, delay, inconvenience or irregularity which may be occasioned by reason of any matter beyond our exclusive control, including, but not limited to, a delay or cancellation that causes you to miss all or any portion of the Trip, acts of God, acts of government, war, terrorist acts, riots, disaster, weather extremes, strikes, civil strife, industrial dispute, natural or nuclear disaster, fire, flood, epidemic, closure of airports or airspace and all similar events outside our control (each a “Force Majeure Event”). We have no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards or climate extremes at locations to which you may travel. You understand that health care standards, facilities, and services abroad may be different or even inadequate for treating health conditions. For information concerning possible dangers at foreign destinations, we recommend contacting the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or www.travel.state.gov, and click on “Travel Warnings.” For medical information, we recommend contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel.
Assumption of Risks and Release: If you participate in activities during your Trip, certain risks and dangers may arise, including, but not limited to, the risk of accidents in remote places without access to medical facilities, transportation or means of rapid evacuation and assistance; the hazards of traveling in unsafe or politically unstable areas or under unsafe conditions; the dangers of civil disturbances, war, extortion, kidnapping and terrorist activities; dangers and risks inherent in activities in underdeveloped countries; and dangers of local law enforcement activity. You hereby expressly assume all of these risks and dangers, and you hereby expressly agree to forever release, discharge, and hold the operateR and kbj ANDERSON and each of their agents, employees, officers, and directors, harmless against any and all liability, actions, causes of actions, suits, claims, and demands of any and every kind and nature whatsoever which you now have or which may hereafter arise out of or in connection with THE Trip or participation in any activities in which you participate.
Arbitration and Waiver of Trial by Jury: You agree to present any claims against us within ninety (90) days after the Trip ends and to file any suit within one (1) year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one (1) year. In lieu of litigation and jury trials, each of which is expressly waived, any dispute concerning, relating or referring to this ParticipaNT Agreement, the brochure, or any other literature concerning your trip or the Trip shall be resolved exclusively by binding arbitration in San Mateo County, California, according to the then existing commercial rules of the American Arbitration Association. Such proceeding will be governed by the substantive law of the State of California. The arbitrator(s) and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this Participant Agreement, including but not limited to any claim that all or any part of this Participant Agreement is void or voidable.
General: You hereby consent to KBJ Anderson’s use of pictures or video of you in our marketing materials without compensation and you hereby assign any rights, including but not limited to intellectual property, privacy, and publicity rights, in any such pictures or video to KBJ Anderson. Facsimile or scanned transmission of any signed document shall be deemed delivery of an original. If there are any conflicts between this Participant Agreement and the Itinerary, this Participant Agreement shall apply. All applications are subject to review and approval. We reserve the right to decline to do business with anyone on a nondiscriminatory basis.
Active Elements, Medical Conditions and Special Assistance: We regularly visit industrial sites and factories on the Trip. Occasionally, some of our Trips incorporate active elements such as walking, hiking, or climbing; you are responsible for familiarizing yourself with the level of activity that will be involved in your Trip. You must disclose in your Participant Information Form (or at such later time when you become aware of such a condition) any existing physical or mental illness, disability, pregnancy or any other condition which may create a health hazard for yourself or others during the Trip or for which you may require medical attention or special accommodation during the Trip. We will make reasonable efforts to accommodate your needs, but you must notify us at the time of booking for a determination of what assistance we can reasonably provide. We regret that we cannot accommodate you if you have special needs for ordinary daily activities, such as walking and dining. In no instance will our Suppliers or we physically lift or assist you on to or off any vehicles. If we cannot accommodate your special needs, you must be accompanied by a companion who will be responsible for independently providing the needed assistance.
We reserve the right to decline acceptance of anyone we consider unsuitable due to fitness level. We also reserve the right to remove you from the Trip, at your own expense, if your condition is such that it could create a hazard to you or others, or otherwise impact the enjoyment of other Trip participants.
VERSION Date: March 6, 2020
APPLICABLE TO TRIPS AFTER MAY 2020