TL:DR

By participating in any Tokyo Divers activity, you agree to follow the following rules, and any other reasonable rules that Tokyo Divers may adopt.

• You must be 18 years old and above to participate in Tokyo Divers activities. If you are under 18 and want to participate in an activity, you must first provide Tokyo Divers with a letter of permission signed by your parent or guardian.

• Your participation in any Tokyo Divers activities may involve risk.

• Tokyo Divers is NOT responsible for any injuries, death, damage or loss of property that may happen as a result of your participation in any Tokyo Divers activity.

• You are responsible for your own safety and if you chose to participate in any Tokyo Divers activity, you are participating at your own risk.

• You must be aware of your own capabilities and assess for yourself the level of risk associated with any activity you wish to participate in.

• You must provide your own clothing/equipment appropriate for the activities. Rental of clothing/equipment at the time of the activity is also possible.

• Although, Tokyo Divers provides limited insurance, you still MUST have a proper insurance (national health, social, travel, or work) to be able to join. Special accident insurance for extreme sports and high level risk activities are not provided by Tokyo Divers directly.

• You may appear in event/trip photos or videos.

 

Travel Agreement

This agreement provides our terms and conditions that apply over and above the basic travel agency laws, for all of our tours/trips. By purchasing a trip from us, you agree to these and the related terms and conditions set out below.

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Tours

While this document contains our general terms and conditions, tours are complex to organize and deliver, and so each tour may have its own specific terms and conditions. If so, those terms and conditions will either supersede or be additional to those stated herein. After reviewing your specific tour documentation, if you have additional questions about the overall terms and conditions, please contact us.

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Payment Methods

Payment must be in Japanese Yen, and can be made by credit card (Visa, Master Card, American Express, Diners, or JCB), bank-to-bank telegraphic transfer. We also accept cash. For bank transfers (furikomi), you are responsible for all bank charges.

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Cancellation Policy

Our fees for cancellations made by you, the guest, for whatever reason, are as follows:

21 days or more before - FREE

14 - 20 days before - 20% of trip cost

3 - 13 days before - 30% of trip cost

2 - 3 Days before - 50% of trip cost

Day before the trip - 100% of trip cost

Day of the Trip - 100% of trip cost

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Changes and Trip Schedule Adjustments made by Tokyo Divers

The planning and creation of our tours/trips requires us to act as a reseller of other vendors’ services, while primarily providing translation services. The individual components of these tours are therefore delivered on a reasonable best efforts basis and we reserve the right to change at any time and for any reason a listed vendor, activity, place of accommodation, dining option, rental option, for example, for an alternative of similar grade and content or function.

Some of our tours/trips depend on a minimum number of participants signing up for each tour. Therefore, in the normal course of business, Tokyo Divers reserves the right to modify departure dates, routes, activities, transfers, guide availability and the like. This includes the details of itineraries listed on our website.

In the event of any such changes or cancellations, we will notify you by email as soon as practicable after such changes occur. It is your responsibility to check your emails regularly, to ensure that you are receiving them properly, and to respond within 3 calendar days if you do not agree to the changes, otherwise, you will be deemed to have agreed to such changes.

Where you do not agree with the changes, and where the parties (yourself and Tokyo Divers) cannot agree to a compromise, you have may: I) to transfer your payment to TD credit for use on future tours/trips, or, II) to accept a refund of the amount paid and cancel your tour. You agree to take no legal action whatsoever against us in respect of cancellations.

In the event of a “Force Majeure”, which may include but is not limited to: acts of God, war (whether declared or undeclared), terrorist activities or threats of terrorists activities, instability in a destination country, incidents of violence, public health issues or quarantine or threats to public health, earthquakes and other natural disasters, nuclear accidents, substantial currency fluctuations, strikes, government restrictions, fire or severe weather conditions, or any other reason that makes it impossible or commercially unreasonable in the sole opinion of Tokyo Divers to conduct the tour as originally contracted, Tokyo Divers reserves the right to cancel, modify or delay the tour. If Tokyo Divers cancels the tour for any such reason, you will receive a full refund of any amount paid, less banking and credit card/PayPal fees.

Under no circumstances will Tokyo Divers be responsible for any expenses or financial losses incurred due to changes in itineraries or tour cancellations, including but not limited to airfare penalties, hotel accommodation cancellation costs or loss of income. Therefore, we strongly recommend you buy travel insurance to cover such contingencies and to always re-confirm your tour with us before making any additional travel arrangements and before departure.

 

Third-party Vendor Liability Limitation

Tokyo Divers’s responsibility and liability is strictly limited. We are not responsible for the acts or failures to act, willfully or otherwise, of any third-party over whom we have no control. As a tour operator and , we promote, organize, and coordinate tours/trips, which consist of services that we purchase or obtain from such suppliers, who are themselves independent contractors unrelated to Tokyo Divers.

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Tour Description Accuracy

In preparing our itineraries, we often rely on external sources, such as hotel and activities aggregators, for images and descriptions of amenities and facilities. Whilst we endeavor to ensure that the tour components are accurately described, you agree that such descriptions are made on a reasonable best efforts basis and that we will not be responsible for variations in product/service descriptions to those actually experienced.

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Tour Start/End Points

Please pay attention to your pre-trip emailed documentation to confirm the start and end points. Tour participants are expected to make their own arrangements to reach the tour starting point on the departure date specified. Pre-trip emails will include information and maps, including how to get to the tour start point.

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Kids and Physically Impaired

Some of our tours/trips involve physical exertion, risk, or otherwise uncomfortable conditions. We welcome families and physically handicapped people on our tours, but if you have children under the age of 18 or if you or a guest in your care is physically handicapped, then you agree that you and your charges are physically and emotionally able to undertake the tour you are buying. During the tour, if in our sole discretion we assess that the presence of you, your companion(s), or your child/children is impairing the safety, quality of experience, or support capabilities of the other guests or our staff or vendors, then we will ask you to either exit the tour with no refund, or to make an additional payment to provide remedial/assistive care as we in our sole discretion deem necessary. To avoid unpleasant situations, we are happy to work with you and your family to select a service level, activity level, season, date, and destination that will meet your specific needs and capabilities. Please note that all particiapants under the age of 18 must be acccompanied by an adult or have written approval from their legal guardian.

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Personal Risk and General Disclaimer

Tokyo Divers is not liable for any bodily injury or harm, accidents, property damage or personal loss as a result of, but not limited to: physical exertion for which the participant was not prepared; travel by plane, train, car, bus, boat or other mode of transportation (such as bicycle, horse, foot, kayak); consumption of alcoholic beverages; high altitude; forces of nature, such as high winds, hurricanes, flooding; heat exhaustion, equipment failure; civil unrest or terrorism; or the availability of medical services in remote areas and the quality thereof.

Therefore, as lawful consideration for being permitted to participate in any tour, you hereby RELEASE AND DISCHARGE IN PERPETUITY, TOKYO DIVERS FROM ANY AND ALL LIABILITY, EXCEPT AS CAUSED BY THE GROSS NEGLIGENCE OF TOKYO DIVERS , ARISING FROM YOUR PARTICIPATION IN ANY TOUR/TRIP. You agree that this release shall be legally binding upon you personally, all members of your family or those in your care who are also traveling with you, your heirs, successors, assigns, and legal representatives. It is your intention to fully assume all the risks associated with a tour and to release Tokyo Divers from any and all liabilities to the maximum extent permitted by law.

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Dietary Needs

Although we specialize in preparing special dietary needs for guests, we cannot control the kitchens and ingredients that our suppliers use. Therefore, you agree to allow us to comply with dietary requests on a reasonable best efforts basis.

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Property Damage

You accept responsibility for any damage to or loss of property of Tokyo Divers, our suppliers, and any other third parties impacted by your actions. You will be responsible for any compensation for such damage or loss either directly to the third party, or with our assistance (for which we reserve the right to charge an additional fee). In buying a tour/trip from us, you also agree to indemnify Tokyo Divers from all and any actions or claims (whether or not such actions or claims involve any legal proceedings). In addition, you accept full responsibility for all losses, damages, liabilities, payments, costs or expenses (including legal fees and taxes) incurred by yourself or by Tokyo Divers on your behalf. Please note, you should ensure you have third-party damage included in your insurance coverage.

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Code of Behavior

As our customer and guest, you agree to the following code of behavior while on any of our tours. If you are managing this booking and are bringing companions, including children or physically impaired guests, you represent the following on their behalf:

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Pre-departure

You must agree to the following:

I/we have sufficient abilities, fitness, and medical health to undertake the tour. My/our physical condition or disabilities are not a hazard to either myself/us, other tour guests, or the tour staff.

I/we have a valid passport, and where required visas, invitation letters and similar documentation, and exit travel tickets.

I/we will read the pre-trip materials about clothing, medical requirements, and culture-specific etiquette.

I/we will communicate special requests at least 30 days prior to travel.

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During the Tour

You must agree to the following:

I/we will respect the laws and customs of Japan.

I/we will follow environmental and special site guidelines and regulations while on the tour.

I/we will follow the instructions of Tokyo Divers staff, including but not limited to drivers, guides, and third-party vendor representatives.

I/we will respect the rights and privacy of other tour members.

I/we will respect that sometimes in-tour group decisions will be required, as external factors require Tokyo Divers staff to improvise. Even though such decisions may be disagreeable to me/us, I/we agree to act in good faith and maintain goodwill and concord with the rest of the tour group.

I/we understand that I/we may be refused service or even asked to leave a tour if my/our health or behavior impairs the safety, quality of experience, or support capabilities of the other tour guests or the Tokyo Divers staff and vendors.

I/we understand there will be physical risks involved in some tours and that there may be limited access to medical facilities and evacuation services.

I/we will not complain excessively about the weather, the food, or Japanese habits and customs.

I/we will always wear safety equipment, such as helmets and life jackets, when requested by Tokyo Divers staff, and to observe all safety and other rules.

I/we will participate in tour activities in a responsible manner, including but not limited to: not wearing headphones when riding, not consuming alcohol during activities, not smoking around others and refraining from making excessive noise.

Guests not following these simple rules may be asked to leave the tour, and agree that in such instance, there will be no refund for not only the missed tour portion but also any costs of returning home shall be the guest’s own expense.

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Harassment & Discrimination

Harassment, discrimination, or any kind of conduct that (whether intentionally or otherwise) offends or intimidates others on the tour and/or disrupts a person’s ability to feel safe and enjoy the tour, will not be tolerated. This includes unwanted advances and/or any behaviour deemed to be disrespectful to other trip participants.

Guests not following these rules will be asked to leave the tour, and agree that in such instance, there will be no refund for not only the missed tour portion but also any costs of returning home shall be the guest’s own expense. On top this, guests failing to follow the above rules, will be banned from all future Tokyo Divers trips, tours and events.

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Insurance

Although, Tokyo Divers provides limited insurance, you still MUST have a proper insurance (national health, social, travel, or work) to be able to join. Special accident insurance for extreme sports and high level risk activities are not provided by Tokyo Divers directly.

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Photograph Rights

As a customer and guest, you grant Tokyo Divers permission to take photographs or videos of you and your companions and charges during the tour, for future promotional and commercial use, without remuneration. You further agree to assign all right, title and interest you may have in any media in which your name or likeness might appear, to Tokyo Divers. You agree that should you provide us with one, we may use your testimonial regarding our services, for promotional and/or commercial purposes without any remuneration. Photographs taken by us are copyrighted to us, and may not be reproduced without permission. That said, if you want digital copies of photos of yourself or your party, for your personal use, we will be pleased to provide them.

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Jurisdiction

It is agreed by and between us and you that all disputes and matters whatsoever arising under or in connection with or incident to the responsibilities of Tokyo Divers in respect of tours shall be subjected to the laws of Japan and the parties agree to be subject to the exclusive jurisdiction of the courts of Japan.