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Terms and Conditions

Terms and Conditions

1. Object and Organization

These contractual Terms and Conditions are intended to establish the terms and conditions that will govern the provision of travel services organized by Fujir - Viagens ao Japão (Acima da Linha - Outsourcing criativa, lda), company with head office at Praceta de Santo António nº2, 5ºDrt, 2685-237 Portela, with Social Capital of € 10.000,00, registered at Conservatória do Registo Comercial de Lisboa with the single registration and taxpayer number 509891870, RNAVT Nº Registo 8614, between the Agency and the Client.

The organization of the trips is the responsibility of the travel agency Fujir - Viagens ao Japão (Acima da Linha - Outsourcing criativa, lda), referred in these Terms and Conditions as Fujir or by Agency.

The services and products are offered to the Client under the terms and conditions expressed herein.

These Terms and Conditions are supplemented by the travel program in which the Client enrolls, which constitutes the particular conditions of participation in the trip.

By contracting with the Agency the Client acknowledges and accepts all the terms and conditions set forth.

 

2. Liability

The Agency's liability is guaranteed by a civil liability insurance policy with the insurance company Fidelidade and by the Tourism and Travel Guarantee Fund of the Tourism of Portugal, under the terms of the legislation in force.

 

3. Registration and Payments

The registration of the Client and his companions will only be valid after total payment or 40% of the value of the trip and the completion of the form on the Agency's website. 

The client must pay the balance of the cost of the trip, including any additional services requested, within 60 days of the departure date. If the registration takes place 60 days or less from the start date of the trip, the total price of the trip must be paid at the time of registration, which is subject to confirmation of reservations for all services. 

Fujir reserves the right to cancel any registration which payment has not been made under the conditions mentioned above.

By registering, the Client assumes several commitments before Fujir:

  • That the Client has taken note of and accepts the present Terms and Conditions of participation, as well as the travel program in which the Client registers, which constitutes the particular conditions of participation in the trip.
  • That the Client is in a state of health appropriate to the trip they are taking part in and that the Client accepts the nature of the trip, namely the risks resulting from the impossibility of immediate access to medical assistance.
  • That the Client is aware of the kind of physical, cultural and psychological demands that the trip may involve and that may lead to unforeseen situations, depending on the type of trip chosen.

 

4. Minimum Age/Travelling Minors

The minimum age of participation in Fujir's trips is 16 years old. 

The exit from the country of national minors as well as the entry and exit of legally residing foreign minors is regulated by Decree-Law 138/2006 of July 26 and Law 23/2007 of July 4, as amended by Law 28/2019 of March 29.

In accordance with the legislation in force in National Territory, national minors and foreign minors legally residing in Portugal who wish to leave the country and travel unaccompanied by the person exercising parental responsibility, must show a legally certified exit permit issued by the person exercising parental responsibility. 

The authorization to leave must be in writing, dated and signed by the person exercising parental responsibility, legally certified, and conferring powers of accompaniment by a duly identified third party.

We advise you to consult the following link, through which you will also be able to access other information and the draft of the aforementioned declaration.

 

5. Seasonal trips in Groups

In the case of seasonal group trips organized by Fujir, the accommodation will be as stipulated in the program or similar according to availability.

Fujir will group in pairs (or in another number if the accommodation is not for two people), by gender, the clients who sign up individually for the same trip. In some trips, due to the characteristics of each accommodation, the separation by gender may not be possible.

The meeting place of the Customer, his companions on each trip with the guide or trip leader and with the other participants is indicated in each trip program. The specific place will be communicated to the Customer in good time before the start of the trip.

If you have not chosen the package with transportation included, it is the Customer's responsibility to purchase air travel, or other transportation, that will take him/her and his/her companions to the location where the trip begins. It is also the Client's responsibility to be at the meeting point at the time indicated for the beginning of the trip.

Fujir's trips, with rare exceptions, are made with groups of Portuguese or non-Portuguese Customers only, but who have residence in Portugal, speak Portuguese and are culturally integrated in Portuguese society. It is a fundamental condition that the Client speaks Portuguese in order to participate in one of the trips. However, the guide will have knowledge of Japanese and English for any eventuality.

 

6. Documentation

The traveler must have all personal and family documentation in good order (identity card, military documents, authorization for minors, visas, vaccination certificates and other documents that may be required). The agency declines any responsibility for refusal to grant visas or for not allowing the traveler to enter a foreign country; the traveler shall be responsible for any costs incurred in such a situation; in these cases the conditions set out in the "Cancellations" clause shall apply, and the customer shall be responsible for any costs incurred in such a situation.

6.1. Travel within the European Union

  • Travelers (regardless of age) traveling within the European Union must be in possession of the respective civil identification document (Passport; ID, Citizen Card);
  • To obtain medical assistance they must be in possession of the respective European Health Insurance Card;
  • Nationals of non-EU countries should consult specific information regarding the documentation required for travel with the embassies / consulates of their countries of origin.

 

6.2. Travel outside the European Union

  • Travelers (regardless of age) travelling outside the European Union must be in possession of the respective civil identification document (passport) as well as visa if required (obtain such information from the agency at the time of booking);
  • Nationals of non-EU countries should consult specific information regarding the documentation required for travel with the embassies / consulates of their countries of origin.

Minors traveling with their parents, or authorized by them with other adults, are required to be in possession of their own identification document; citizen card or identity card, passport.

Some countries for which a passport is required, require that it be valid for more than 6 months after the date of departure from the country of destination.

It is the client's responsibility all and any personal or family documentation (identity card, citizen card, passport, military documentation, authorization for minors, visas, vaccination certificate and others that may be required) necessary for the trip.

 

7. Use of Customer's Data

The customer gives express consent that all information, including personal data, provided in connection with their trip may be transmitted to government authorities for border control and security purposes in air travel or otherwise.

You expressly consent that all information, including personal data, provided in connection with your travel may be transmitted to Fujir's local partners in order to carry out the travel program, including tastes, food preferences, particular health information or other.

Fujir will make the necessary contacts with the customer in order to ensure the proper functioning of the service.

 

8. Changes requested by the Client

If the providers of the trip concerned permit, whenever a Traveler, booked for a particular trip, wishes to change his booking to another trip or to the same trip departing on a different date, or other possible change, he must pay the above fee as change expenses. However, when the change takes place 60 days or less before the date of departure of the trip for which the Traveler is enrolled, or if the service providers do not accept the change, the Traveler shall be subject to the expenses and charges set forth in the "Withdrawals" clause.

After the trip has begun, if a change in the contracted services is requested for reasons not attributable to the agency (e.g. extension of the nights stay, change of flight) the prices of the tourist services may not correspond to those published in the brochure that motivated the contracting. 

After issuing the flight tickets, any changes or cancellations will be subject to the fare conditions of the ticket purchased, and extra fees may be charged for a new ticket.

 

9. Date Changes

The Customer registered for a trip may not change his registration for another trip or for the same trip departing on a different date without the express consent of Fujir. If it is possible to make such a change, it may be subject to expenses and charges under the heading "Withdrawals".

Once flight tickets have been issued, any changes or cancellations will be subject to the fare conditions of the ticket purchased, and extra charges may apply for a new ticket.

 

10. Transfer of Registration/Contractual Position

The Client may give up their booking and be replaced by another person who fulfils all the conditions required for the trip, provided that the Client informs the Agency at least 60 days before the departure date and that the various providers of the trip services accept the substitution, failing which the client will be deemed to have given up the trip. If the customer wishes to transfer their registration to a person of a different gender, the Client may be subject to payment of the individual accommodation supplement for the trip or a cost of the same nature if this is not foreseen for the trip for which he or she has registered, in the event that it is not possible to group the new participant with another person of the same gender.

The assignment of the registration makes both assignor and assignee jointly and severally liable for the payment of the price of the trip and for the fees, charges or additional costs arising from the assignment, which will be duly informed by the Agency.

Amounts that may be additionally charged by the transport companies (namely airline companies) due to name change will be charged to the customer. They are also subject to the company's consent to this effect.

 

11. Changes to be made by the Agency

Whenever there are unrelated reasons, the Agency may change the order of the routes, change the departure times or replace any of the accommodation or transport planned by others of similar category and location. 

If, before the start of the planned trip:

  • Fujir is forced to significantly change any of the main features of the travel services;
  • Or is unable to meet the special requirements requested by the Traveler; 
  • Or proposes to increase the price of the package by more than 8%.

The Traveler may, within 24 hours:

  • Accept the proposed change;
  • Terminate the contract without penalty and be reimbursed for the amounts paid;
  • Accept a replacement package proposed by the travel agency, being reimbursed in case of price difference.

The absence of a response from the Traveler within the period set by the travel and tourism agency will imply the tacit acceptance of the proposed change.

If unforeseen circumstances force the suspension of any trip, the Client will always have the right to a refund of the amounts paid.

 

12. Impossibility of fulfillment

If, for reasons not attributable to the Agency, it becomes impossible to comply with any essential service included in the travel program, the customer is entitled to cancel the trip and receive a full refund of payments made or, alternatively, accept a change and possible price variation.

If due to unavoidable and exceptional circumstances, not attributable to the Agency, the cancellation of the trip is determined, the Customer may still choose to participate in another package of equivalent price, which has available places. If the proposed substitute package is of a lower price, the Customer will be refunded the difference.

 

13. Minimum number of participants and cancellation of the program by the Agency

The travel program will fix the minimum number of participants on a case-by-case basis.

The Agency reserves the right to cancel the package if the number of participants reached is less than the minimum, and will inform the customer in writing of the cancellation at least 15 days before the departure date

The Traveler is entitled to a full refund of payments, there is no right to compensation, and the Agency is exonerated from any liability for the cancellation.

 

14. Changes to be made by the agency

Whenever, before the start of the package, (i) the travel and tourism agency is obliged to significantly change any of the main characteristics of the travel services, or (ii) is unable to meet the special requirements requested by the Traveler, or (iii) proposes to increase the price of the package by more than 8%, the Traveler may within 7 days:

  1. Accept the proposed change;
  2. Terminate the contract without penalty and be refunded the amounts paid;
  3. Accept a replacement package proposed by the travel agency, being reimbursed for the difference in price.

The absence of a response from the traveler within the period fixed by the travel and tourism agency will imply tacit acceptance of the proposed change.

 

15. Cancellations

If the Client or any of their party cancel the trip up to 60 days before the start date of the travel program, they will lose 40% of the value of the program, which was delivered by the client to the Agency as a non-refundable deposit, plus the value of the airline tickets.

If such a withdrawal occurs 60 days or less before the program start date, the total value of the program will be lost. The Client will also forfeit the value of additional services which have been requested by them and which have non-recoverable charges.

 

16. Refunds

Once the trip has begun, no refund is due for services not used by the Client. Failure to provide services foreseen in the travel program for reasons not attributable to the Agency and if it is not possible to replace them with equivalent ones, shall entitle the Client to be reimbursed for the difference between the price of the services foreseen and those actually provided.

 

17. Price Changes

The prices in the program are based on the costs of services and exchange rates in effect on the date of programming, so they may be subject to changes resulting from variations in the cost of transport or fuel, duties, taxes, fees and exchange rate fluctuations.

Whenever there is a change in the price of the trip, the Client will be immediately informed and invited, within a period of time set for them to accept the increase or cancel the registration under the same terms and conditions as those set forth under 'Unable to Comply'.

 

18. Expenses in Reservations and Changes

For each booking service through the Agency, the following fees will be charged:

  • Reservation Expenses: €60.00 (sixty euros)
  • Change Expenses: for each change (names, dates, type of apartment or room, travel, etc.) €25.00 (twenty-five euros). Please note that acceptance of such changes depends on the acceptance of the respective suppliers.

The Client will be informed of this fee during the process and before the booking request is finalized.

 

19. VAT

All prices listed on the Agency's website already include the Value Added Tax at the current rate.

 

20. Insurance

In accordance with current legislation, the Agency's liability is guaranteed by a liability insurance policy in the Fidelidade Insurance Company, SA with policy number RC64213693 for the amount of €75,000.

The Client must acquire travel insurance, which may or may not be purchased from Fujir. The insurance must be adjusted to the duration of the trip, destination, and type of activities. By not subscribing to travel insurance or purchasing inadequate travel insurance, the Customer automatically exempts Fujir and all its service providers from any and all liability relating to the risks and consequent costs that the Customer incurs by not having taken the recommended protection.

When the Client purchases travel insurance from Fujir, this insurance, in the clause relating to Early Cancellation of the Trip and Interruption of the Trip, the refund that may be made by the insurance company applies only to the services purchased from Fujir. Services purchased from third parties are excluded.

 

21. Complaints

Complaints can only be considered if submitted in writing within 20 days after the end of the service. They can only be accepted if they have been reported to the service providers (hotels, guides, local agents, etc.) during the course of the trip or stay, requiring them to provide the respective supporting documents of the occurrence.

 

22. Information under the Law

No. 144/2015 of September 8th

In accordance with Law No. 144/2015 of September 8th, in its current version, we inform that the Traveler may resort to the following Alternative Dispute Resolution Entities for Consumer Disputes:

 

23. Luggage

The Agency is responsible for the luggage in accordance with the law.

Under no circumstances shall the Agency be liable for the luggage and other goods that the Client and their party carries with them, regardless of the location or means of transportation used.

The Client is advised to take out luggage insurance and to be present during the loading and unloading operations. In case of theft, deterioration or destruction of the luggage, the Client and his/her companions must immediately make a written complaint to the service provider and/or the entity in charge of guarding the luggage, keeping a copy of the complaint. The Agency's liability can only be triggered upon presentation of proof of the complaint as provided in the preceding paragraph.

 

24. Limits

The Agency's liability shall be limited to the maximum amount payable to the service providers, under the terms of the Montreal Convention of May 28th, 1999, on International Air Transport, and the Bern Convention of 1961, on Rail Transport.

With regard to maritime transport, the liability of travel agencies, in relation to their Travelers, for the provision of transport services, or accommodation, as the case may be, by maritime transport companies, in the event of damages resulting from their intentional or negligent acts, shall be limited to the following amounts:

  • €441,436 in case of death or bodily injury;
  • €7,881 in case of total or partial loss of luggage or damage to it;
  • €31,424 in case of loss of a motor vehicle, including the luggage it contains;
  • €10,375 in case of loss of luggage, accompanied or not, contained in a motor vehicle;
  • €1,097 for damages to the luggage resulting from damage to the motor vehicle.

Where applicable, the liability of travel and tourism agencies for the deterioration, destruction and theft of baggage or other items in tourist accommodation establishments, while the Traveler is staying there, shall be limited to:

  • €1,397 in total;
  • €449 per item;
  • The value declared by the Traveler for the items deposited in the tourist accommodation establishment. 

The Agency's liability for non-bodily harm may be contractually limited to three times the price of the service sold.

 

25. Responsibility

The travel agency is responsible for the correct execution of all travel services included in the travel contract.

In the case of organized trips, travel agencies are responsible to travelers, even if the services are provided by third parties, without prejudice to the right of recourse, under applicable general terms.

Organizing travel agencies are jointly responsible with retail agencies for organized trips.

In other travel services, the travel agency is responsible for the correct issuance of accommodation and transportation tickets and for the culpable choice of service providers, if they have not been suggested by the traveler.

The travel agency that acts as an intermediary in sales or reservations of separate travel services is responsible for errors in the issuance of respective tickets, even in cases resulting from technical deficiencies in reservation systems that can be attributed to them.

The travel agency is responsible for any errors due to technical deficiencies in the reservation system that can be attributed to them and, if they have agreed to make a reservation for an organized trip or travel services that are part of connected travel services, for errors committed during the reservation process.

The travel agency is not responsible for errors in the reservation that can be attributed to the traveler or that are caused by inevitable and exceptional circumstances.

 

26. Assistance

In the event of traveler difficulties or when, for reasons beyond their control, they cannot complete the organized trip, the travel agency shall provide the following assistance:

  • Provision of adequate information on health services, local authorities, and consular assistance;
  • Assistance to the traveler in making distance communications and finding alternative travel solutions.

If the difficulty that justifies the request for assistance has been caused by the traveler deliberately or negligently, the travel agency may charge a fee in the amount of the costs incurred due to the provision of that assistance.

If, due to inevitable and exceptional circumstances, the traveler cannot return, the organizing travel agency is responsible for ensuring the necessary accommodation costs, if possible of equivalent category, for a period not exceeding three nights per traveler. The retail travel agency is jointly responsible for the obligation, without prejudice to the right of recourse, under applicable general terms.

The cost limitation above does not apply to persons with reduced mobility, their companions, pregnant women, unaccompanied children, or persons requiring specific medical care, provided that the travel agency has been notified of these specific needs at least 48 hours before the start of the organized trip.

 

27. Bankruptcy

In the event of the Agency's insolvency, the Client may resort to the Travel and Tourism Guarantee Fund, for which they must contact Turismo de Portugal IP, the entity responsible for its activation:

Turismo de Portugal, IP.
Rua Ivone Silva, Lot 6, 1050-124 Lisbon
Mobile: 211 140 200 | Fax: 211 140 830
Email: info@turismodeportugal.pt

 

28. Legislation and Jurisdiction

Any dispute arising from this contract for the provision of services will be settled by the Judicial Court of the Lisbon District, with express waiver of any other and for all issues not regulated by these Terms and Conditions of Participation, Portuguese Law shall apply.

 

29. Changes to the General Conditions

The Agency reserves the right to change these General Conditions at any time, and whenever necessary, by notifying the Client prior to the reservation being made. Such changes shall not affect reservations already made.

 

30. Miscellaneous Provisions

If any part or provision of these General Conditions is deemed null or ineffective, the remaining provisions shall remain in force, and their overall validity shall not be affected, unless it can be concluded that the parties would not have agreed to provide the service or supply the product if they had foreseen the nullity or ineffectiveness of the provision in question.

Note: These Terms and Conditions are complemented by the travel program in which the Client and their companions enroll, which constitutes the specific conditions of participation in the trip. They may also be supplemented by any other specific conditions sent to the Client at the time of registration or any other conditions that are duly agreed upon by the parties.

 

General Information

Arrival and Departure Times

The departure and arrival times are indicated in the local time of the respective countries and according to the schedules of the respective airlines at the time of printing this program, and may therefore be subject to change.

 

Hotels/Apartments

Apartments - In the case of accommodation being contracted in an apartment, it is the responsibility of the traveler to inform the number of people who will occupy the apartment. In case more people show up than reserved, the apartments may refuse entry.

Hotels - The price displayed is per person and is based on double occupancy. Not all hotels have triple rooms, and an extra bed is usually placed in the room which may not be of the same quality. In rooms equipped with two beds or a double bed, the triple may only be composed of those beds. The list of hotels and apartments included in the programs is indicative, as well as their category, which respects local criteria and classifications whose criteria are sometimes different from those used in Portugal.

 

Meals

Unless otherwise indicated, the prices presented for Half Board and Full Board supplements do not include drinks.

On arrival at the hotel after 7 pm, the first meal service will be breakfast the following day, and on the last day, unless there is a possibility of a late check-out, the hotel's last service will be breakfast.

 

Check-in and Check-out Times

The check-in and check-out times on the first and last day will be defined based on the first and last service. As a rule, without any binding character, rooms can be used from 3 pm on the day of arrival and must be vacated by 10 am on the day of departure. In apartments, check-in generally takes place at around 5 pm on the day of arrival and must be vacated by 10 am on the day of departure.

 

Special Conditions for Children

Given the diversity of conditions applied to children (destination and supplier), it is recommended to always inquire about the special conditions that may apply to the trip in question.

 

Weather Conditions

Climate change has made the occurrence of natural phenomena even more unpredictable. Therefore, no responsibility can be attributed to the Fujir travel agency for their occurrence. If you are traveling to a destination where significant weather phenomena are occurring, please inform yourself in advance of the precautions to be taken.

 

Travel Insurance

Fujir offers the sale of multi-trip insurance with force majeure cancellation and supplements that can be purchased based on the trip to guarantee assistance and cancellation expenses.