Terms and Conditions
Effective Date: 15/10/2023These Terms and Conditions (hereinafter referred to as “Terms”) govern the use of the ThoughINAKA platform (the “Website”) and the services offered by Tavikala Co., Ltd. (hereinafter referred to as “ThoughINAKA,” “we,” “us,” or “our”). By using the Website, you (“Client,” “user,” or “you”) agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using our services.
1. Definitions and Interpretation
1.1. Client: Any party using the ThoughINAKA platform.
1.2. Website: The online platform, ThoughINAKA, provided by Tavikala Co., Ltd.
1.3. Tavikala: Tavikala Co., Ltd., a travel agency based in Shimane, Japan, located at 8-6 Kisuki, Kisuki-cho, Unnan, Shimane, Japan.
1.4. Tour Provider: Third-party entities offering travel services and travel packages through ThoughINAKA.
1.5. Travel Packages: Pre-arranged combinations of transport, accommodation, or other tourist services sold to Clients as a whole.
1.6. Single Services: Individual travel services provided by tour providers.
1.7. Booking Proposal: A proposal by a tour provider including details, pricing, and terms for a service.
1.8. Payment Request: A request for payment from a tour provider to confirm a booking.
1.9. Client Account: A registered user account on ThoughINAKA.
1.10. Tour Information: Information related to destinations, travel packages, and single services provided by tour providers.
1.11. Materials: Content, information, and features on the Website.
1.12. Third-Party Websites: Websites controlled by parties other than ThoughINAKA.
1.13. Effective Date: The date on which these Terms become effective.
2. Agreement
By using the Website, you acknowledge and agree to these Terms and the Privacy Policy (Exhibit 1), which govern the use of the ThoughINAKA platform.
3. Modification of Terms
We reserve the right to revise these Terms at any time without notice by posting Revised Terms on the Website. Such Revised Terms are effective immediately upon being posted, and your continued use of the Website constitutes your acceptance of these changes.
4. Information and Services for Travel Packages and other Travel
4.1. The Website provides information about travel packages and single services offered by tour providers. It also allows Clients to request bookings and process payments for these services through the Website.
4.2. ThoughINAKA may be compensated by commissions or other amounts from tour providers, and Clients acknowledge these relationships.
5. Termination of Service
ThoughINAKA reserves the right to terminate any person’s access to the Website at any time, for any reason, and without notice.
6. Information on Website; No Representations
6.1. Information provided on the Website is sourced from tour providers and other third parties, and tour providers are responsible for updating pricing, rates, charges, taxes, and other information related to their services.
6.2. ThoughINAKA strives to provide accurate information however, we cannot guarantee that all information is accurate, complete, and correct. We are not responsible for errors, interruptions, misleading information, or non-delivery of information.
6.3. Links to Third-Party Websites are provided for convenience. ThoughINAKA is not responsible for their content.
7. Disclaimers and Warranties
7.1. ThoughINAKA disclaims all warranties, including merchantability or fitness for a particular purpose, relating to the Website, travel packages, or tour information.
7.2. ThoughINAKA is not responsible for errors, nor misleading information provided by tour providers, or other third parties.
8. Ratings and Client Reviews
8.1. Hotel ratings provided on the Website are the responsibility of third parties, and ThoughINAKA is not liable for them.
8.2. Ratings of travel packages and single services are based on Client reviews and are provided as a service without endorsement or warranty.
9. Client/Website User Obligations
9.1. CClients must adhere to any of the tour provider’s requirements, including passports, visas, and health regulations.
9.2. Clients must arrive on time at designated points during travel packages.
9.3. User registration may be required for certain features. Clients must provide accurate information, safeguard their account details, and avoid engaging in prohibited activities.
10. Pricing and VAT
10.1. Pricing for services on the Website is set by tour providers and is all-inclusive, including VAT unless stated otherwise.
10.2. ThoughINAKA is not responsible for the remittance, collection, or withholding of relevant taxes due on Travel Packages and other services.
11. Bookings of Travel Packages on ThoughINAKA
11.1. Client-initiated booking requests create a legally binding contractual relationship between the Client and the respective tour provider, subject to the tour provider’s terms.
11.2. ThoughINAKA forwards valid booking requests to Tour Providers and assists in facilitating communication between Clients and tour providers.
11.3. The Client accepts booking proposals and makes payments to the tour provider through the Website.
11.4. The tour provider may modify or withdraw booking proposals until full payment is received. The tour provider may deny a booking request at their discretion.
11.5. If a booking request cannot be confirmed due to technical reasons, the tour provider may offer an alternative.
12. Invoice, Payment, and Payment Cards
12.1. Payment requests may require full payment or periodic instalments as specified in a booking proposal.
12.2. Late payments or incorrect payment information may result in booking cancellation or additional remedies.
12.3. Some arrangements allow ThoughINAKA to retain paid funds as an additional security measure.
13. Insurance Coverage
Clients are responsible for acquiring insurance to cover travel-related risks.
14. Tour Provider Terms
14.1. Clients must be aware of the cancellation and no-show policy of the tour provider, which is made available during the payment process.
14.2. By accepting a booking proposal and making a payment, Clients agree to the tour provider’s terms and conditions.
15. Further Correspondence
By accepting a booking proposal and making a payment, Clients agree to receive emails from ThoughINAKA, including pre-departure information and post-trip review requests.
16. Record Delivery
Clients consent to receiving electronic records at their registered email address. This includes any legal notices and disclosures required by the applicable laws.
17. Disclaimer and Limitation of Liability
17.1. ThoughINAKA disclaims liability for services, conduct of tour providers, or any aspect of travel packages, and Clients should look solely to the tour provider for any legal remedies.
17.2. To the extent permitted by law, ThoughINAKA is not liable for direct or indirect damages, losses, claims, or costs related to the use of the Website or services.
18. Intellectual Property Rights
18.1. The Materials on the Website are owned by ThoughINAKA or its licensors.
18.2. Clients must not use automated systems or software to extract data from the Website.
19. Force Majeure
ThoughINAKA is not liable for performance failures or delays due to unforeseen circumstances.
20. Governing Law
These Terms and any disputes arising out of or related to the Website shall be governed by the laws of Japan, without regard to its conflicts of law provisions.
21. Contact Information
For any questions or concerns regarding these Terms, please contact ThoughINAKA at:
Tavikala Co., Ltd.
8-6 Kisuki, Kisuki-cho, Unnan-shi,
Shimane, Japan
22. Entire Agreement
These Terms, including the Privacy Policy, represent the entire agreement between the Client and ThoughINAKA, supersedes all previous agreements, and cannot be amended or altered without the written consent of ThoughINAKA.
By using the ThoughINAKA platform, you acknowledge that you have read, understood, and agreed to these Terms and the Privacy Policy. If you do not agree to these Terms, please do not use our services.