Terms and Conditions
HavenJapan – Website and Services Terms of Use
Last Revised: July 2024
HaveJapan (“HavenJapan”, “we”, “our”) welcome you (the “User(s)”, or “you”) to our primary
website at https://www.HavenJapan.com (the “Site”). Our Site offers basic information regarding our
company and our booking services (“Service(s)” as further detailed below). Each of the Site’s Users
may use the Site in accordance with the terms and conditions hereunder.
Table of Content
1. Acceptance of the Terms
2. The Site and the Services
3. Bookings
4. User Responsibility
5. Waiver and Release
6. Cancellation and Refund Policy
7. Fees and Payments
8. Use Restrictions
9. Minors
10. Contacting us via the Site
11. Registration and User Account
12. Privacy and Cookie Policy
13. Intellectual Property Rights
14. Trademarks and Trade names
15. Linking to HavenJapan’s Site and links to Third Party Sites
16. Social Media Features
17. Advertisements, Promotions, Sponsorships and Benefits
18. Availability
19. Changes to the Site
20. Disclaimers and No Warranties
21. Limitation of Liability
22. Indemnification
23. Amendments to the Terms
24. Termination of these Terms and the Termination of the Site’s operation
25. General
26. Contact
1. Acceptance of the Terms
By entering, connecting to, accessing or using the Site, you acknowledge that you have read and
understood the following terms of use, including the terms of our Privacy Policy
https://www.havenjapan.com/privacy-policy/ (“Privacy Policy“) and our Cookie Policy (“Cookie
Policy”) at https://www.havenjapan.com/privacy-policy/ (collectively, the “Terms”) and you agree to
be bound by them and to comply with all applicable laws and regulations regarding your use of the Site
and you acknowledge that these Terms constitute a binding and enforceable legal contract between
HavenJapan and you.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT,
ACCESS OR USE THE SITE AND/OR THE SERVICE IN ANY MANNER.
The Site is available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the
legal capacity to enter into these Terms and to form a binding agreement under any applicable law. You
hereby represent that you possess the legal authority to enter into these Terms and to form a binding
agreement under any applicable law, to use the Site in accordance with these Terms, and to fully
perform your obligations hereunder. If you are using the Service for the benefit of and/or on behalf of
any third party. You hereby represent that such third-party was made aware of these Terms.
2. The Site and the Services
HavenJapan offers its Users with an online platform through which Users can book tourism related
services and/or products including tours, transportation services, including without limitation car
rental services transfers etc., and accommodation (collectively, the “Services”).
The Site may provide you with comprehensive information and news regarding HavenJapan,
company overview, partners, news regarding our company including any other content related
thereto such as contact information, videos, text, files, logos, button icons, images, data
compilations, links, other specialized content, technical data, documentation, know-how,
specifications materials, designs, data, the “look and feel” of the Site, algorithms, source and object
code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and
other features obtained from or through the Site (collectively, the “Content”). In addition, the Site
provides Users who sign up for our newsletter certain services, for example, provide Users with
updates via e-mail regarding the Company’s developments, new services, general content etc. (the
“Newsletter Subscription“).
PLEASE NOTE:
THE CONTENT MAY INCLUDE THIRD PARTY CONTENT (e.g. INFORMATION
PROVIDED TO US BY THIRD PARTY SOURCES), SUCH AS MARKETING
MATERIALS, DESCRIPTIONS, PRICES, RELEVANT DEALS OF SUCH THIRD PARTY
PRODUCTS AND SERVICES. SUCH THIRD PARTY CONTENT IS NOT VERIFIED BY
HavenJapan, DOES NOT BIND HavenJapan IN ANY FORM AND HavenJapan CANNOT
GUARANTEE THE ACCURACY OR COMPLETENESS OF SUCH THIRD PARTY
CONTENT. AS SUCH WE WILL NOT BE LIABLE IN ANY WAY FOR ANY THIRD
PARTY CONTENT. IN ANY CASE WHERE SUCH INFORMATION CONTRADICTS OR
IS INCONSISTENT WITH INFORMATION PROVIDED TO YOU BY THE PROVIDER
OR SELLER OF SUCH GOODS AND SERVICES DIRECTLY, ONLY INFORMATION
SUPPLIED BY SUCH PROVIDER OR SELLER DIRECTLY SHALL PREVAIL.
HavenJapan IS NOT THE SELLER OR SUPPLIER OF ANY SUCH GOODS OR
SERVICES AND HAS NO CONTROL OVER OR RESPONSIBILITY FOR SUCH GOODS
OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE CONDITION, UTILITY
PRICE, SUITABILITY, RELIABILITY, TIMELINESS, SAFETY, LEGALITY,
AVAILABILITY AND/OR ACCURACY OF THESE GOODS OR SERVICES. AS SUCH,
HAVENJAPAN DOES NOT HAVE ANY OF THE LEGAL OBLIGATIONS THAT APPLY
TO THE SELLERS OR SUPPLIERS OF THOSE GOODS OR SERVICES.
AS OUR SERVICES ARE SUPPLIED BY A VARIETY OF THIRD PARTY SELLERS OR
SUPPLIERS, THE CANCELLATION AND REFUND POLICES OF EACH SUCH THIRD
PARTY MAY BE DIFFERENT. THE SAID SERVICES ARE SUBJECT TO THE TERMS
SET FORTH IN THE RESPECTIVE THIRD PARTY’S ORDER PAGE AND/OR ANY
THIRD PARTY DOCUMENT REFERRING TO SAID THIRD PARTY’S CANCELLATION
AND/OR REFUND POLICY. IT IS YOUR SOLE AND EXCLUSIVE RESPONSIBILITY TO
REVIEW CAREFULLY EACH SUCH CANCELLATION AND/OR REFUND POLICY AND
IN ANY EVENT OF CANCELLATION CAUSED BY THE RESPECTIVE THIRD PARTY,
HAVENJAPAN IS NOT AND WILL NOT HAVE ANY LIABILITY WHATSOEVER IN
CONNECTION WITH SUCH CANCELLATION AND/OR ANY LEGAL PROCEEDINGS
BETWEEN THE RESPECTIVE THIRD PARTY AND YOURSELF. ALL RIGHTS IN AND
TO THE CONTENT AVAILABLE ON THE SITE ARE RESERVED TO HAVENJAPAN OR
ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE
CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS.
HAVENJAPAN WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO
YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR
USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN, AND/OR ANY
DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE USE
OF THE SITE AND/OR THE CONTENT.
YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN IS
ENTIRELY AT YOUR OWN RISK.
Additional terms may apply with respect to certain features and/or products provided by
HavenJapan. In case of any conflict between such terms and the Terms, the specific terms shall
prevail.
3. Bookings
You are welcome to make an online booking of the various tourism services (such as sightseeing
tours, activities, flight tickets, tickets, accommodation reservations and etc.) (“Tourism Services”)
via HavenJapan’s Site including tours in various destinations (“Tour(s)”). Upon the completion of
the booking process for the Tourism Services (“Booked Service(s)” and/or the “Reservation”), you
will be required to pay the required amount for such Booked Service (as appeared on the Site and
during the booking process). Following the payment for the Booked Services, you will receive an e-
mail confirming the Booked Service (“Booking Confirmation”). The Booked Services are
operated and provided by either a local third party tourism operator and/or by TI Tours Ltd (the
“Operator”), our subsidiary. Following the completion of the Booked Service via the Site, you will
be provided with contact details of the Operator that is expected to carry out the tour services in
your Booked Service.
You hereby acknowledge that payments made by credit card or alternative payment methods for
Booked Services on or through the Site may be handled by our payment processing agent “Stripe”
available at “https://stripe.com/en-jp”.
As HavenJapan is relying on information provided to it by third parties, you hereby acknowledge
that a Booked Service may be cancelled, amended or delayed due to circumstances which are not
under HavenJapan’s and/or Operator’s control (including Force Majeure events and for the
avoidance of any doubt, including pandemics or epidemics). In such cases, HavenJapan and/or the
Operator will make their best efforts to inform you in advance of such changes and act to provide
real-time reasonable solutions to minimize the impact of such cancellations, changes or delays, on
the costs, schedule and your general services experience. In particular, in cases where access to
certain sites or attractions is not available, HavenJapan and/or Operator may decide on an
alternative attraction and you shall not be entitled to any compensation or refund due to such
changes. Please check your e-mail account provided to us during the booking process of the
Booked Service via the Site at 22:00 on the night before the Booked Service is expected to be
provided as important updates might be provided and communicated in this way.
Further, HavenJapan may not be able to guarantee that the Booked Service will be provided by the
exact service provider, as indicated in the Booking Confirmation and reserves the right to provide
you with the Booked Service, by third party service providers of a comparable level.
All communications with respect to the Booked Service (such as updates, changes, cancellation
requests, etc.) shall be handled directly by HavenJapan, unless HavenJapan, at its sole discretion,
directs you to the applicable Operator of your Booked Service. All complaints with respect to your
satisfaction from a Booked Service may be submitted only within 21 calendar days from completion
of the Booked Services and directed solely to the applicable Operator.
YOU ACKNOWLEDGE AND AGREE THAT HAVENJAPAN DOES NOT HAVE ANY
OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY OPERATOR, HOTEL (AS
DEFINED BELOW) AND/OR THIRD PARTY SERVICE PROVIDERS. WE DO NOT
INVESTIGATE OR VERIFY ANY SUCH THIRD PARTY SERVICE PROVIDER’S
REPUTATION, CONDUCT, MORALITY, AND/OR CRIMINAL BACKGROUND. IN
ADDITION, HAVEJAPAN SHALL NOT BE RESPONSIBLE, IN ANY WAY WHATSOEVER,
FOR ANY CONTENT AND/OR SERVICES SUGGESTED, PROPOSED AND/OR PROVIDED
BY ANY OPERATOR, HOTEL AND/OR THIRD-PARTY SERVICE PROVIDERS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR COMMUNICATIONS AND/OR
INTERACTIONS AND/OR MEETINGS WITH OTHER THIRD PARTY SERVICE PROVIDERS,
USERS, HOTELS AND/OR THE OPERATOR(S) RESULTING FROM YOUR USE OF THE
SITE AND/OR THE SERVICES AND YOU SHALL TAKE ALL REASONABLE
PRECAUTIONS IN SUCH COMMUNICATIONS, INTERACTIONS AND/OR MEETINGS.
Tours will be transported by various sizes and types of vehicles. HavenJapan and/or the Operator
has no obligation nor liability for the size, type or model of the transportation used, provided
however, that HavenJapan will make reasonable commercial efforts to make sure that all vehicles
used in connection with the Tour will be in full compliance with any applicable local laws and
regulations. Special personal needs such as wheelchair-accessible vehicles, baby chairs, carriages,
or dietary requirements, will be provided “on a request” basis upon advanced notification to
HavenJapan via the Site and/or e-mail, as applicable. Whilst the Operator will do its best to deliver
such special needs, these are often requiring coordination with third-parties and HavenJapan and/or
the Operator shall not be held responsible in case of lack or partial delivery.
Without derogating the foregoing, by making an accommodation reservation with certain hotel,
hostel, guest house or any accommodation provider (each, a “Hotel”) via the Site, you accept and
agree to the relevant cancellation and no-show policy of that Hotel, and to any additional (delivery)
terms and conditions of the Hotel that may apply to your Reservation (including the fine print of the
Hotel made available on our Site and the relevant house rules of the Hotel), including for services
rendered and/or products offered by the Hotel. The relevant (delivery/purchase/use/carrier) terms
and conditions of a Hotel can be obtained with the relevant Hotel. The general cancellation and no-
show policy of each Hotel is made available on our Site on each such Hotel information pages,
during the reservation procedure and in the Booking Confirmation (if applicable). Please note that
certain rates, fees or special offers are not eligible for cancellation, refund or change. Applicable
city/tourist tax may still be charged by the Hotel in the event of a no-show or charged cancellation.
Please check the Reservation details of your product or service of choice thoroughly for any such
conditions prior to making your Reservation.
Cancellation and prepayment policies may vary per segment, product or service of each Hotel.
Please carefully read important information in your Booking Confirmation for additional policies as
may be applied by the Hotel (e.g. in respect of age requirement, security deposit,
non-cancellation/additional supplements for group bookings, extra beds/no free breakfast,
pets/cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit
cards or insufficient funds are for your own risk and account and you shall not be entitled to any
refund of any (non-refundable) prepaid amount unless the Hotel agrees or allows otherwise under
its (pre)payment and cancellation policy.
If you wish to review, adjust or cancel your Reservation, please revert to the Booking Confirmation
and follow the instructions therein. Please note that you may be charged for your cancellation in
accordance with the Hotel’s cancellation, (pre)payment and no-show policy or not be entitled to any
repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment
and no-show policy of the Hotel carefully prior to making your reservation and remember to make
further payments on time as may be required for the relevant Reservation.
If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to
(timely/promptly) communicate this with the Hotel so they know when to expect you to avoid
cancellation of your Reservation or charge of the no-show fee. Our customer service department
can help you if needed with informing the Hotel . We do not accept any liability or responsibility for
the consequences of your delayed arrival or any cancellation or charged no-show fee by the Hotel.
4. User Responsibility
User responsibility
1. Tours. You are required to duly arrive to any Tour pick-up point at least 15 minutes prior to the
time set for such Tour to begin. During the Tour, Operator’s drivers are not obligated to wait for you
after the time set in each case by the relevant Operator’s representative. If you miss the pickup time,
or the time set for arrival at other points during the Tour, the Tour may procced without you and the
Operator will not be held responsible nor liable for any compensation, refund or damages caused to
you as a result thereof. You hereby understand that in certain types of Booked Service, Operator’s
arrival to pick up points may be delayed due to unexpected traffic or other external conditions
which are neither under HavenJapan’s nor Operator’s control. Any changes you wish to make to
your Booked Service including change in pick-up location, tour date, must be made in writing and
confirmed by HavenJapan.
2. For the avoidance of doubt, while participating in a group Tour, you are required to stay with the
group at all times, while any separation from the group, permanently or temporarily, may cause a
special ‘rescue fee’, according to the circumstances and in Operator’s sole discretion, and such
rescue fee, will be fully and exclusively borne by you. You hereby acknowledge and agree that you
shall have no right to offset or deduct any such rescue or similar in nature costs or fees applicable to
you under these Terms from any missed/unused site or attraction costs.
3. It is highly recommended that you will carry an active and charged cell phone from which you
will be able at all time to receive and make local and/or international calls. You should provide
HavenJapan with the contact number during booking process. You hereby acknowledge that using
your cell phone out of your country may impose special rates and costs. HavenJapan and/or
Operator shall not be liable for and will not bear any costs or expenses in this and such usage shall
be at your sole and exclusive expense.
4. It is hereby clarified that Operator and/or HavenJapan may, at its sole and absolute discretion,
require you to withdraw, or otherwise suspend you from any Tour or other Booked Service, if your
behavior is deemed to be offensive, violent, or to cause annoyance or significant discomfort to other
participants. Operator’s right in this respect shall also apply in case where you are not keeping a
reasonable pace with the rest of the group in a way that is detrimental to the experience of other
participants HavenJapan and Operator shall have no further liability for your carriage under such
circumstances and you shall not be eligible for any refund or compensation.
5. All Services will be covered by insurance to be procured by the relevant Operator, if available.
Nevertheless, HavenJapan and/or Operator recommends you to insure yourself against any and all
personal health damages. In addition, HavenJapan and the Operator will not be liable for any
loss/theft of personal belongings, and recommends that valuable belongings shall be left at home.
We strongly recommend that you purchase comprehensive travel insurance at the time of booking to
protect against the risk of cancellation or interruption, loss of baggage, medical expenses and travel
delay.
6. You are required to confirm that there are no mistakes or overlaps between the Services in the
itinerary provided to you by the Site. In any case of contradiction in your itinerary caused by the
Site, you are required to contact our customer service.
5. Waiver and Release
Waiver and Release
During a Tour, it is likely that the Operator and/or any one acting on his behalf, including drivers, tour guides and etc., will take certain photographs for advertising, publicity and promotional purposes and such will be published in on social media or in other marketing materials, all subject to applicable privacy laws. If you do not agree to be photographed, please inform the Operator’s or HavenJapan’s representative as soon as possible, and in any event before such photographs are taken. You consent and agree that any photograph taken by the Operator, and/or Operator’s team and/or HavenJapan, may be used, adapted, reproduced, publicly distributed, or exhibited for the purposes mentioned above. You will not receive any compensation for any use of such photographs. You expressly release and hold harmless HavenJapan and its employees and contractors from any and all claims which you have or may have arising out of the use, adaptation, reproduction, distribution, broadcast, or exhibition of such photographs.
Special requests and medical conditions / disabilities / reduced mobility
If you have any special requests, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied (where it is possible to give this) where it is important to you.
We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.
If you have any medical condition or disability which may affect your holiday or suffer from reduced mobility or have any special requirements as a result of any medical condition, disability or reduced mobility (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition or disability or your mobility occurs. You must
also promptly advise us if any medical condition or disability which may affect your holiday or
reduction in your mobility develops after your booking has been confirmed.
6. Cancellation
Changes by you
Should you wish to make any changes to your confirmed holiday, you must notify us in writing as
soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet
any such requests. Where we can, any costs incurred by ourselves and any costs or charges incurred
or imposed by any of our suppliers will be payable. Certain changes may be treated as a
cancellation of the original booking and rebooking in which case cancellation charges will apply –
you will be advised at the time you make your request where applicable. Changes may result in the
recalculation of the holiday price where, for example, the basis on which the price of the original
holiday was calculated has changed.
If you are prevented from travelling (for example, as a result of your own illness or injury or the
serious illness or injury of a close family member), you may transfer your place on your booking to
someone else (introduced by you) providing we are notified not less than 2 weeks before departure.
All costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result
together with an amendment fee of £50 per person must be paid before the transfer can be effected.
Any overdue balance payment must also be received. For flight inclusive bookings, you must pay
the charges levied by the airline concerned. As most airlines do not permit name changes after
tickets have been issued for any reason, these charges are likely to be the full cost of the flight.
Cancellation by you
Should you need to cancel your holiday once it has been confirmed, the party leader (or the
person(s) concerned in the event of a part cancellation) must immediately advise us in writing. Your
notice of cancellation will only be effective when it is received in writing by us at our offices.
Notification may be given by e-mail. As we incur costs from the time we confirm your booking, the
following cancellation charges will be payable. Where the cancellation charge is shown as a
percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling
excluding any amendment charges. Amendment charges are not refundable in the event of
cancellation.
Cancellation Fees
*When Notified after 6pm Japan Time, the request will be treated the next day with a beginning of
operation at 9am Japan Time (calculated on Japan Standard Time).
Type of Tourism Service
Haven One-Day Escape:
– 7 days or more before the scheduled tour: Free of charge
– 4 to 6 days before the scheduled tour: 30% of the Price
– 2 to 3 days before the scheduled tour: 50% of the Price
– 24h before the scheduled tour: 100% of the Price
Haven Private Journey:
– 60 days or more before the scheduled tour: Free of charge
– 40 to 60 days or more before the scheduled tour: 30% of the Price *
– 15 to 39 days before the scheduled tour: 60% of the Price *
– 6 to 14 days before the scheduled tour: 75% of the Price *
– No Show to 5 days before the scheduled tour: 100% of the Price *
* Or Deposit – whichever is the greater amount.
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges
(less any applicable excess) under the terms of your insurance policy. Claims must be made directly
to the insurance company concerned.
A partial cancellation of a booking may result in our having to recalculate the price payable by
those still travelling.
See clause 6 “Changes by you” if you are prevented from travelling.
Your Booked Service shall be deemed canceled only if you provide written cancellation notice and
refund request sent to HavenJapan with sufficient prior notice. Such requests are subject to
HavenJapan’s official confirmation. All refund requests should be directed to HavenJapan via its e-
mail address elie.corbex@gmail.com.
For the avoidance of any doubt, in any case of pandemics or epidemics the refund policy will
remain in accordance with the refund policy as set forth in table above.
Changes and cancellation by us
We start planning the holidays we offer many months in advance. Occasionally, we have to make
changes to and correct errors in brochure and other details both before and after bookings have been
confirmed and cancel confirmed bookings.
Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
Please note, some of our holidays require a minimum number of participants to enable us to operate
them. If the minimum number of bookings required for a particular holiday has not been received,
we are entitled to cancel it. We will notify you or your travel agent of cancellation for this reason
not less than 60 days before departure.
Most changes are minor. Occasionally, we have to make a “significant change”. A significant
change is a change made before departure which, taking account of the information you give us at
the time of booking and which we can reasonably be expected to know as a tour operator, we can
reasonably expect to have a major effect on your holiday. A minor change is any other change.
Significant changes are likely to include the following changes when made before departure; a
change of accommodation to that of a lower official classification or standard for the whole or a
major part of the time you are away, a change of accommodation area for the whole or a major part
of the time you are away, a change of outward international flight departure time of 12 or more
hours or of departure airport for your international flight to one which is more inconvenient for you
(where your holiday includes international flights) or, in the case of tours, a significant change of
itinerary missing out one or more major destination substantially or altogether.
If we have to make a significant change or cancel, we will tell you as soon as possible. If there is
time to do so before departure, we will offer you the choice of the following options:
(a) (for significant changes) accepting the changed arrangements or
(b) purchasing an alternative holiday from us, of a similar standard to that originally booked if
available. We will offer you at least one alternative holiday of equivalent or higher standard for
which you will not be asked to pay any more than the price of the original holiday. If this holiday is
in fact cheaper than the original one, we will refund the price difference. If you do not wish to
accept the holiday we specifically offer you, you may choose any of our other then available
holidays. You must pay the applicable price of any such holiday. This will mean you paying more if
it is more expensive or receiving a refund if it is cheaper or
(c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of
all monies you have paid to us.
Please note, the above options are not available where any change made is a minor one. A change of
flight time of less than 12 hours, airline (except as specified in clause 19 “Flights”), type of aircraft
(if advised) or destination airport will all be treated as minor changes.
If we have to make a significant change or cancel we will, where appropriate, pay you reasonable
compensation depending on the circumstances and when the significant change or cancellation is
notified to you subject to the following exceptions.
Compensation will not be payable and no liability beyond offering the above mentioned choices can
be accepted where (1) we are forced to make a change or cancel as a result of unusual and
unforeseeable circumstances beyond our control, the consequences of which we could not have
avoided even with all due care or (2) we have to cancel because the minimum number of bookings
necessary for us to operate your holiday has not been reached (see above). No compensation will be
payable and the above options will not be available if we cancel as a result of your failure to comply
with any requirement of these booking conditions entitling us to cancel (such as paying on time) or
where a change is a minor one.
Please also see clause 19 “Delay and Denied Boarding Regulations”.
Very rarely, we may be forced by “force majeure” (see 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.
Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept
liability or pay any compensation where the performance or prompt performance of our obligations
under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or
expense of any nature as a result of “force majeure”. In these booking conditions, “force majeure”
means any event which we or the supplier of the service(s) in question could not, even with all due
care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife,
terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire,
flood, epidemic, closure of airports or airspace and all similar events outside our control.
7. Fees and Payments
Payments may be processed via certain online payment service providers (“Online Payment
Processors”). We may add or change the Online Payment Processors in our sole discretion. The
Online Payment Processors enable you to send payments securely online using a credit card, debit
card or bank account. We do not control and are not affiliated with such Online Payment Processors.
These Online Payment Processors are independent contractors and have no employment or agency
relationship with HavenJapan. HavenJapan is not responsible in any way for the actions or
performance (or lack thereof) of the Online Payment Processors. The use of the Online Payment
Processors is at your own risk. It is your responsibility to abide by all the terms specified by the
Online Payment Processors in their terms of use and privacy policies. You acknowledge that you are
fully assuming the risks of conducting any transactions via the Online Payment Processors.
Prices shown on the Site are starting prices shown for indicative purposes based on the lowest
prices seen over the past 90 days for such Tourism Services, and could be lower or higher than the
final price that the User will be presented with during the booking process due to fluctuations in
currency exchange rates, and changes in the cost of Services such as hotels and transportation. The
Final Price will always be shown to User during the booking process and before reaching the
payment step.
Fees are paid in any currency. HavenJapan may, at any time and at its sole discretion, amend the fee
schedule, payment terms and cancellation policies specified on the Site. Any such changes will take
effect immediately after being posted on HavenJapan’s Site. HavenJapan may deduct foreign
currency processing costs from any payment (including currency conversion fees and transfer
charges and other processing commissions incurred by you).
Unless explicitly stated otherwise in writing regarding certain Tourism Services offered via the Site,
all such Tourism Services prices do not include meals, beverages, entrance fees, accommodation,
personal travel insurance or any other costs and expenses which are not stated under inclusions.
For certain Tourism Services, a five (5) percent student discount will be available, and shall apply
subject to presentation of a valid student certificate and discount card along with corresponding ID
to the Operator’s representative prior to the departure of the applicable Booked Service. Should no
valid student certificate and discount card, or corresponding ID will be provided, you will be
required, as precondition for your participation in the Booked Service, to pay the difference
between the discounted student price and the full adult price. Student discount is not cumulative
with other discounts.
In addition, for certain Tourism Services a price reduction will apply to children under the age of
twelve (12). This discount is also not cumulative with other discounts, and will apply only if
presented explicitly for the Booked Service using a coupon discount code.
Without derogating from the foregoing, please note that price reductions and discounts shall in no
event apply to supplements or special extras, such as single supplement, high season supplement,
etc. Accordingly, any such supplements and extras will be charged on top of the total Booked
Services fees (after implementations of any discounts and price reductions available for such
Service). The Tourism Services may include certain tours or transfers crossing from a country to
another (“Crossing Tour(s)”). Crossing Tours are subject to additional fees which are presented on
the Site, and shall be deemed accepted by you upon the receipt of the Booking Confirmation
(“Crossing Tours Extra Fees”). Crossing Tours Extra Fees may include, inter alia, border crossing
fees to departure taxes for individuals and/or groups, arrangement and preparation of visa,
assistance service from border representative on departure, assistance service from border
representative on arrival, and assistance service from border representative on departure, and
applicable “Visa fees”. Crossing Tours Extra Fees are required to be paid by you in cash (whether in
US Dollars or local currency), at the arrival to the borders. In the event of any border-passage
refusal or detention by governmental authorities, and/or any other event the Crossing Tour will
proceed without you, and you will not be eligible for any refund or compensation.
You hereby acknowledge that Crossing Tours Extra Fees may be amended from time to time, by the
relevant governmental authorities. HavenJapan and/or the Operator will make all reasonable efforts
to inform you in advance and once HavenJapan became aware of such amendment(s), but cannot
guarantee, that you will be provided with such notification in advance, at all times.
You further acknowledge, that immediately following the entrance to a foreign country, a foreign
third-party tour operator will be in charge of the remaining part of the Crossing Tour and shall be
deemed as the Operator for such part of the Crossing Tour. Although HavenJapan will serve as your
point of contact, HavenJapan is not responsible and shall not be liable to the operation of the
Crossing Tour.
In certain situations, and with respect to Tours and/or Crossing Tours, and at the full discretion of
the Operator, the order of sites can be changed, the order of days within a multi-day tour can be
changed, and the location of overnight stays can be changed. You acknowledge that this is possible
and you will not be entitled to claim any refund whatsoever in such circumstances.
8. Use Restrictions
There are certain conducts which are strictly prohibited when using the Site. Please read the
following restrictions carefully. Failure to comply with any of the provisions set forth herein may
result (at HavenJapan’s sole discretion) in the termination of your use of the Site and/or Content
and/or the Service and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by HavenJapan, you
may not (and you may not permit anyone to: (a) use the Site and/or the Content for any illegal,
immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or Content for non-personal
or commercial purposes; (c) remove or disassociate, from the Content and/or the Site any
restrictions and signs indicating proprietary rights of HavenJapan or its licensors, including but not
limited to any proprietary notices contained in such materials (such as ©,TM, or ®); (d) interfere
with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable
information about Users without their express consent, whether manually or with the use of any
robot, spider, crawler, any search or retrieval application, or use other manual or automatic device,
process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere
with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any
laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state
or otherwise misrepresent your affiliation with any person or entity, or express or imply that
HavenJapan endorses you, your site, your business or any statement you make, or present false or
inaccurate information about the Site; (g) take any action that imposes, or may impose, an
unreasonable or disproportionately large load on our Site infrastructure, as determined by us; (h)
bypass any measures we may use to prevent or restrict access to the Site; (i) copy, modify, alter,
adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of
the Content made accessible by HavenJapan on or through the Site, or publicly display, reproduce,
create derivative works from, perform, distribute, or otherwise use such Content; (j) copy,
distribute, display, execute publicly, make available to the public, reduce to human readable form,
decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend,
process, compile, reverse engineer, combine with other software, translate, modify or create
derivative works of any material that is subject to HavenJapan’s proprietary rights, including
HavenJapan’s Intellectual Property (as such term is defined below), in any way or by any means;
(k) make any use of the Content on any other site or networked computer environment for any
purpose without HavenJapan’s prior written consent; (l) sell, license, or exploit for any commercial
purposes any use of or access to the Site and/or the Content; (m) frame or mirror any part of the Site
without HavenJapan’s prior express written authorization; (n) create a database by systematically
downloading and storing all or any of the Content from the Site; (o) transmit or otherwise make
available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware,
or any other computer code, file, or program that may or is intended to damage or hijack the
operation of any hardware, software, or telecommunications equipment, or any other actually or
potentially harmful, disruptive, or invasive code or component; (p) use the Site for any purpose for
which the Site is not intended; and/or (q) infringe and/or violate any of the Terms.
9. Minors
The Site is intended for Users over the age of eighteen (18). We reserve the right to request proof of
age at any stage so that we can verify that minors under this age are not using the Site. In the event
that it comes to our knowledge that a person under the age of eighteen (18) is using the Site, we will
prohibit and block such User from accessing the Site and will make all efforts to promptly delete
any Personal Information (as such term is defined in our Privacy Policy) with regard to such User.
10. Contacting us via the Site
In order to contact us and use the Site, you will need to fill out and complete our contact form
available on Site. The contact form requires, inter alia, the User’s full name, e-mail address and
telephone number. Additionally, you can optionally provide any text you wish to insert into the
“message box”. You may also contact HavenJapan via the telephone, email, SMS, or WhatsApp
correspondence, and via our social media accounts – Twitter, Facebook, Instagram and Skype.
11. Registration and User Account
In order to use the Service you may be required to register and create an account (the “Account“)
by completing the registration form available on the Site, as further detailed in our Privacy Policy.
During the use of the Site, you may be automatically registered and have an Account created. You
may not have more than one (1) active Account.
Your Account is password protected. In order to protect the security of your Personal Information
available on your Account to the greatest extent possible, you must safeguard and not disclose your
Account log-in details and you must supervise the use of such Account. You must provide accurate
and complete information when creating an Account and you agree to not misrepresent your identity
or your Account information. You agree to keep your Account information up to date and accurate.
Otherwise, we will not be able to provide you with the Service and to contact you when necessary.
You may not assign or transfer your rights or delegate your duties under the Account without the
prior written consent of HavenJapan. You must notify us immediately of any unauthorized use of
your Account or any other breach of security and in such event you must change your password
immediately via the settings in the Site. We cannot and will not be liable for any loss or damage
arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your
Account through the registration information he/she has obtained from you or through a violation
by you of these Terms, or for any unauthorized use of your password or Account or any other
breach of security.
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE
CONFIDENTIALITY OF THE PASSWORD AND ACCOUNT AND FOR ALL ACTIVITIES
THAT OCCUR UNDER YOUR ACCOUNT. If we in good faith believe you have created an
Account impersonating another person you may be exposed to civil and/or criminal liability.
CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION
YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT
ANY LIABILITY FOR SUCH LOSS.
12. Privacy and Cookie Policy
We respect your privacy and are committed to protect the information you share with us. We believe
that you have a right to know our practices regarding the information we collect when you connect
to, access or use the Site. Our policy and practices and the type of information collected are
described in details in our Privacy Policy at https://www.HavenJapan.com/privacy-policy/ and our
Cookie Policy at https://www.HavenJapan.com/privacy-policy/ which is incorporated herein by
reference. You agree that HavenJapan may use personal information that you provide or make
available to HavenJapan in accordance with the Privacy Policy. If you intend to access or use the
Site you must first read and agree to the Privacy Policy and Cookie Policy. If you submit Personal
Information on behalf of a third party, you hereby acknowledge that such third-party was made
aware of the Privacy Policy and has granted his/her consent to the processing of his/her Personal
Information by us.
13. Intellectual Property Rights
The Site, the Content and HavenJapan’s proprietary assets and any and all intellectual property
rights pertaining thereto, including, but not limited to, inventions, patents and patent applications,
trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets,
whether or not registered or capable of being registered (collectively, “Intellectual Property”), are
owned by and/or licensed to HavenJapan and are protected by applicable patent, copyright and
other intellectual property laws and international conventions and treaties. All rights not expressly
granted to you hereunder are reserved by HavenJapan and its licensors.
The Terms do not convey to you an interest in or to HavenJapan’s Intellectual Property but only a
limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a
waiver of HavenJapan’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to HavenJapan (“Feedback”),
HavenJapan shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and
irrevocable license to incorporate the Feedback into any of HavenJapan’s current or future services,
products or technologies and use same for any purpose all without further compensation to you and
without your approval. You agree that all such Feedback shall be deemed to be non-confidential.
Further, you warrant that your Feedback is not subject to any license terms that would purport to
require HavenJapan to comply with any additional obligations with respect to any HavenJapan
current or future products, technologies or services that incorporate any Feedback.
14. Trademarks and Trade names
HavenJapan’s marks and logos and all other proprietary identifiers used by HavenJapan in
connection with the Site (“HavenJapan’s Trademarks”) are all trademarks and/or trade names of
HavenJapan, whether or not registered. All other trademarks, service marks, trade names and logos
which may appear on the Site belong to their respective owners (“Third Party Marks”). No right,
license, or interest to HavenJapan’s Trademarks and the Third Party Marks is granted hereunder,
and you agree that no such right, license, or interest may be asserted by you with respect thereto and
therefore you will avoid using any of those marks, except as permitted herein.
15. Linking to HavenJapan’s Site and links to Third Party Sites
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so
long as the link does not state or imply any connection or approval of your website, products and/or
services by HavenJapan, and does not portray HavenJapan in a false or otherwise offensive manner.
You may not link to our Site from a site that you do not own or have permission to use. In the event
that you link to HavenJapan’s Site you represent that your site does not contain content that is
unlawful, offensive or infringing third party rights. However, we do not permit framing or inline
linking.
Certain links provided herein permit our Users to leave this Site and enter non-HavenJapan sites or
services. Those linked sites and services are provided solely as a convenience to you. These linked
sites and services are not under the control of HavenJapan and it is not responsible for the
availability of such external sites or services, and does not endorse and is not responsible or liable
for any content including but not limited to content advertising, products or other information on or
available from such linked sites and services or any link contained in linked sites or service. In
addition, HavenJapan is not responsible or liable for such linked sites and services’ privacy
practices and/or any other practices. Your access to, use of and reliance upon any such sites,
services and content and your dealings with such third parties are at your sole risk and expense.
HavenJapan reserves the right to terminate any link at any time. You further acknowledge and agree
that HavenJapan shall not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused, by or in connection with use of or reliance on any services, content,
products or other materials available on or through such linked sites or resource. Most of such
linked sites and services provide legal documents, including terms of use and privacy policy,
governing the use thereof. It is always advisable and we encourage you to read such documents
carefully before using those sites and services, inter alia, in order to know what kind of information
about you is being collected.
16. Social Media Features
The Site may include social sharing and posting features and other integrated tools (for example the
Facebook “Like” and “Share” buttons, sharing and posting content via Twitter, YouTube, Facebook,
Instagram, and e-mail etc.) (“Social Features“).
The Social Features are operated or allow for social integration with certain third party social
networks or third party platforms (“Social Network“). These are created and maintained by third
parties who are not affiliated with and/or controlled by HavenJapan. Your use of the Social Features
is subject to the applicable third party Social Network terms of use and privacy policies. If you do
not agree to the practices described in such terms you should disable our Site’s integration with such
Social Networks, however you may find that you are not able to enjoy all the features available in
our Site. HavenJapan is not responsible and has no liability for your use of such Social Networks.
17. Advertisements, Promotions, Sponsorships and Benefits
HavenJapan may accept and display via the Site advertisements, promotions and sponsorships from
third parties and may provide you with benefits provided via third parties. Please note that
HavenJapan makes no warranties or representations concerning such advertisements, promotions,
sponsorship and benefits whether or not HavenJapan has control over them. HavenJapan may be
entitled to certain shares of the earnings from such advertisements, promotions and sponsorship.
You agree, acknowledge and consent that you will not be entitled to any compensation with respect
to such monetary amounts. HavenJapan assumes no responsibility for such third party
advertisements, benefits and sponsorships and will not be liable for any damage or loss, cost or
expense incurred to you or any other person as a result of or in connection with third party
advertisements, benefits and sponsorships
All the information contained in such advertisements and commercials belongs solely to the
advertisers and HavenJapan makes no warranties or representations in respect of such, whether or
not HavenJapan has control over such advertisements or commercials and these are provided on an
“AS IS” basis.
HAVEJAPAN AND/OR ITS REPRESENTATIVES ARE NOT OBLIGED TO NOR CAN THEY
VERIFY THE ACCURACY OF INFORMATION REPRESENTED IN SUCH
ADVERTISEMENTS. THUS, HavenJapan MAKES NO REPRESENTATION REGARDING THE
ACCURACY OF ADVERTISEMENTS.
18. Availability
The Site’s availability and functionality depends on various factors, such as communication
networks. HavenJapan does not warrant or guarantee that the Site will operate and/or be available at
all times without disruption or interruption, or that it will be immune from unauthorized access or
error-free.
19. Changes to The Site
HavenJapan reserves the right to modify, correct, amend, enhance, improve, make any other
changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but
not limited to the Content) or the Service without notice, at any time. In addition, you hereby
acknowledge that the Content provided under this Site, may be changed, extended in terms of
content and form or removed at any time without any notice to you. You agree that HavenJapan
shall not be liable to you or to any third party for any modification, suspension, or discontinuance of
this Site or the Content included therein, and/or the Service. You hereby agree that HavenJapan is
not responsible for any errors or malfunctions that may occur in connection with the performance of
such changes.
20. Disclaimers and No Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND CONTENT ARE
PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND
HAVENJAPAN, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-
CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS,
AGENTS AND SUPPLIERS (COLLECTIVELY, “HAVENJAPAN’S REPRESENTATIVES“),
DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT
OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR
USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR
LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.WE NOTE THAT THESE
TERMS GOVERN SOLELY THE USE OF THE SITE. ALL DISCLAIMERS AND
WARRANTIES REGARDING ANY SERVICES OF HavenJapan SHALL BE GOVERNED BY
THE TERMS AND CONDITIONS REFLECTED IN A SEPARATE SERVICES AGREEMENT
BETWEEN HAVENJAPAN AND EACH USER.
WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SITE AND/OR THE
SERVICE AND/OR THE CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE,
COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS,
WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II)
THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE, (III) AND/OR MAKE
ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR
THE RESULTS OF THE USE OF THE SITE, THE SERVICE AND/OR CONTENT AVAILABLE
THEREON OR THROUGH THE SITE (INCLUDING THAT THE RESULTS OF USING THE
SITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS
OR BE FREE FROM MISTAKES AND/OR WILL BE EFFECTIVE, ACCURATE OR
RELIABLE). HAVENJAPAN AND HAVENJAPAN’S REPRESENTATIVES DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE,
INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE
QUALITY OF THE SITE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY
ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION
DISPLAYED WITHIN THE SITE.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT
MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN
CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC
CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY
TELECOMMUNICATIONS OR INTERNET PROVIDERS.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT
MAY RESULT FROM THE DELAY OF ANY OPERATOR OR SUPPLIER, INCLUDING
WITHOUT LIMITATION ANY DAMAGE THAT MIGHT RESULT FROM YOU MISSING ANY
OTHER TOURS, SERVICES OR EXPERIENCES.
WE DO NOT WARRANT THAT THE BOOKED SERVICE WILL MEET YOUR
REQUIREMENTS OR YOUR EXPECTATIONS AND THAT THE PERFORMANCE OF THE
BOOKED SERVICE WILL ADHERE TO THE SCHEDULE PROVIDED IN THE SITE. YOU
HEREBY RELEASE AND HOLD HARMLESS HAVENJAPAN, HAVENJAPAN’S
REPRESENTATIVES AND THE OPERATORS FROM ANY DELAYS, BOOKED SERVICE
CANCELLATION, INJURIES, DEATHS, OR ANY OTHER DAMAGE WHICH MAY ARRISE
DURING THE BOOKED SERVICE.
DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING
UPON AND ATTACKING NETWORKS, YOU HEREBY ACKNOWLEDGE THAT HavenJapan
CANNOT GUARANTEE THAT INFORMATION PROVIDED BY YOU VIA THE SITE WILL
BE SECURED AT ALL TIMES.
YOU AGREE THAT USE OF THE SITE, THE SERVICE AND/OR THE CONTENT THEREIN
IS ENTIRELY AT YOUR OWN RISK.
21. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL HavenJapan,
THE OPERATOR, HAVENJAPAN’S AND/OR THE OPERATOR’S REPRESENTATIVES BE
LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO,
DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY
(INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT
LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR
DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR
ARISING OUT OF THE SITE, THE SERVICE, THE CONTENT AND/OR YOUR
PARTICIPATION IN BOOKED SERVICES, YOUR USE OR INABILITY TO USE THE SITE
AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS
REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE
PERFORMANCE OR FAILURE OF HAVENJAPAN TO PERFORM UNDER THESE TERMS,
ANY OTHER ACT OR OMISSION OF HAVENJAPAN OR HAVENJAPAN’S
REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH
OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE,
STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF
WHETHER HAVENJAPAN OR HAVENJAPAN’S REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO
THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, HAVENJAPAN AND HAVENJAPAN’S
REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES
WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR
INABILITY TO USE THE SITE, THE SERVICE AND/OR THE CONTENT SHALL BE
LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO HavenJapan FOR USE
OF THE SITE OR $US1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND HEREBY
WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING
CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES
FROM US AND FROM HAVENJAPAN’S REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR
LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE
EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
22. Indemnification
You agree to defend, indemnify and hold harmless HavenJapan, including HavenJapan’s
Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs,
debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse
of, inability to use the Site, the Service and/or Content; (ii) your violation of any of these Terms;
(iii) your violation of any third party rights, including without limitation any intellectual property
rights or privacy right of such third party, in connection with your use of the Site; and (iv) any
damage of any sort, whether direct, indirect, special or consequential, you may cause to any third
party with relation to the Site, the Service and/or the Booked Service. It is hereby clarified that this
defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and
control of any matter which is subject to indemnification by you, which will not excuse your
indemnity obligations hereunder and in which event you will fully cooperate with us in asserting
any available defense. You agree not to settle any matter subject to an indemnification by you
without first obtaining our prior express written approval.
23. Amendments to the Terms
HavenJapan may, at its sole discretion, change the Terms from time to time, including any other
policies incorporated thereto, so please re-visit this page frequently. In case of any material change,
we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to
the extent that you provided us with such e-mail address) regarding such change. Such material
changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail,
whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated
“Last Revised” date and your continued use of the Site on or after the Last Revised date will
constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms
should be amended to comply with any legal requirements, the amendments may take effect
immediately, or as required by the law and without any prior notice.
24. Termination of these Terms and the Termination of the Site’s operation
At any time, HavenJapan may without notice discontinue your use of the Site, at its sole discretion,
in addition to any other remedies that may be available to HavenJapan under any applicable law.
Additionally, HavenJapan may at any time, at its sole discretion, cease the operation of the Site or
any part thereof, temporarily or permanently, delete any information or Content from the Site or
correct, modify, amend, enhance, improve and make any other changes thereto or discontinue
displaying or providing any information, Content or features therein without giving any prior
notice. You agree and acknowledge that HavenJapan does not assume any responsibility with
respect to, or in connection with the termination of the Site’s operation and loss of any data. The
provisions of these Terms that, by their nature and content, must survive the termination of these
Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without
limiting the generality of the forgoing, the Intellectual Property, Disclaimer and Warranties,
Limitation of Liability, Indemnification and General sections will survive the termination of the
Terms.
25. General
(a) These Terms constitute the entire terms and conditions between you and HavenJapan relating to
the subject matter herein and supersedes any and all prior or contemporaneous written or oral
agreements or understandings between you and HavenJapan, (b) any claim relating to the Site or the
use thereof will be governed by and interpreted in accordance with the laws of Japan without reference to its conflict-of-laws principles and the United Nations Convention Relating to a
Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of
or related to the Site will be brought in, and you hereby consent to the exclusive jurisdiction of the
Tokyo District Court or Tokyo Summary Court. You agree to waive all defenses of lack of personal
jurisdiction and forum non-convenience and agree that process may be served in a manner
authorized by applicable law or court rule. Notwithstanding the foregoing, HavenJapan may seek
injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be
construed to create any relationship, partnership, joint venture, employer-employee, agency, or
franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any
breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or
default. Any heading, caption or section title contained herein is inserted only as a matter of
convenience, and in no way defines or explains any section or provision hereof, (f) YOU
ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE
ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent
jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent
necessary so that these Terms shall otherwise remain in full force and effect while most nearly
adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all
rights and obligations hereunder) without our prior written consent and any attempt to do so in
violation of the foregoing shall be void. We may assign or transfer these Terms without restriction
or notification, (i) no amendment hereof will be binding unless in writing and signed by
HavenJapan, and (j) the parties agree that all correspondence relating to these Terms shall be written
in the English or Japanese language, with Japanese always prevailing over English.
26. Contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us
an e-mail to elie.corbex@gmail.com.