Terms and Conditions

You can find Japaventura's full terms and conditions in the PDF document Terms and Conditions. Click here to download the PDF

Short summary of our terms and conditions

You can find the full terms and conditions of Japaventura in the PDF document General Terms and Conditions. For the purposes of these Terms and Conditions, Japaventura will be referred to as "Ventura".

T&C | The most important points

Registration and confirmation

By registering for a trip (booking), the traveller makes a binding offer to Ventura to execute a package travel contract for the specified persons. The contract is executed upon receipt of the travel confirmation (declaration of acceptance) from Ventura. Upon or immediately after execution of the contract, Ventura will send the traveller a travel confirmation on durable media.

Payment

After execution of the contract, a deposit of 20% of the booking price is due, provided that the insolvency coverage certificate has been sent to the traveller in text form. A deposit of 30% of the booking price is due if a flight ticket has to be issued immediately after the booking has been confirmed. The remaining amount is due for payment 31 days before departure, provided that the trip can no longer be cancelled for the reasons stated in section 7.1 and the insolvency coverage certificate has been sent in text form.

The traveller can choose to pay the booking price by credit card or bank transfer.

Withdrawal by the traveller

If the traveller withdraws before the start of the trip or does not start the trip, Ventura loses the claim to the booking price. Instead, Ventura can demand reasonable compensation from the traveller. This does not apply if Ventura is responsible for the withdrawal or if unavoidable, extraordinary circumstances occur at the destination, or in its immediate vicinity, which considerably impair the performance of the package tour or the transport of persons to the destination. Circumstances are unavoidable and extraordinary if they are beyond the control of the contracting party invoking them, and if their consequences could not have been avoided even if all reasonable precautions had been taken.

Ventura has defined the compensation right to which it is entitled in the following cancellation fees. The calculation is made taking into account the time of the cancellation declared by the traveller up to the contractually agreed start of the trip, the expected savings in expenses, and the expected acquisition through an alternative use of the travel services. The compensation will be calculated according to the date of receipt of the cancellation notice by Ventura or the travel specialist as follows:

a) General cancellation fees (as a percentage of the booking price):

up to 65 days before departure 20%
from the 64th to the 30th day before departure 25%
from the 29th to the 15th day before departure 45%
from the 14th to the 7th day before departure 60%
from the 6th day before departure 80%
on the day of departure and in case of no-show 90%

b) Special cancellation fee:

Bookings in which a flight ticket has to be issued immediately after the booking has been confirmed shall always be subject to a 30% cancellation fee until day 30 before departure.

Special offers/specials, individually designed package tours, as well as private group tours may be subject to special cancellation conditions, which are expressly referred to in the respective service description or travel description/offer and the travel confirmation.

Ventura reserves the right to claim a higher, specifically calculated compensation instead of the above cancellation flat rates if Ventura can prove that significantly higher expenses were incurred than the applicable cancellation flat rate.

Cancellation due to failure to reach the minimum number of participants and termination by Ventura

Ventura can only withdraw from the package tour contract due to non-achievement of a minimum number of participants if Ventura

a) states the minimum number of participants in the pre-contractual information regarding the booked package tour and the date by which the traveller must have received the declaration before the contractually agreed start of the tour at the latest, and

b) states the minimum number of participants and the latest cancellation deadline in the travel confirmation.

The withdrawal must be declared to the traveller no later than 32 days before the start of the departure. If it becomes apparent at an earlier point in time that the minimum number of participants cannot be reached, Ventura must immediately exercise its right of withdrawal.

If the tour is not carried out for this reason, Ventura must refund any payments made by the traveller without delay, but in any case within 14 days of the declared withdrawal.

Full terms and conditions

General Terms & Conditions

The following General Terms and Conditions (T&C), insofar as effectively agreed, become the content of the package travel contract executed between the customer (i.e. traveller) and the tour operator Ventura TRAVEL GmbH (hereinafter referred to as Ventura) for trips of Japaventura.

When booking a package tour, the contractual partner of the tour operator is the traveller -- in this context, it is irrelevant whether the traveller takes the package tour himself, or whether he has entered into the contract on behalf of another travel participant.

These General Terms and Conditions expressly do not apply if the traveller does not book a package tour but only individual travel services (e.g., hotel only, rental car) from Ventura or if Ventura expressly acts as a travel agent for a package tour of another tour operator or individual travel services (e.g., flight only) or tourist services as defined in the PTRs and separately and unambiguously informs the traveller of this before booking. In these cases, the General Terms and Conditions of Travel / Terms and Conditions of the brokered package tour operator or service provider shall apply, provided that these have been effectively included.

1. Execution of the package travel contract

1.1 The following applies to all booking channels:

a) This offer is based on the travel description by Ventura in the catalogue or brochure valid for the time of travel, on its website, in advertising, or on websites belonging to third parties, in an individual offer, or other medium by Ventura, together with supplementary information by Ventura for the respective trip, insofar as this is available to the traveller at the time of booking.

b) The traveller is responsible for all contractual obligations of fellow travellers for whom he/she makes the booking, as for his/her own.

c) If the content of the travel confirmation differs from the travel booking, this travel confirmation is considered a new offer to which Ventura is bound for a period of ten days. The contract will be executed on the basis of this new offer, provided Ventura has pointed out the change and has fulfilled its pre-contractual information obligations in this respect and the traveller declares acceptance to Ventura within the binding period, either expressly or conclusively, by paying the booking price.

1.2 For a booking that is not booked in electronic business transactions (e.g., by telephone), the following applies:

a) By registering for the tour (booking), the traveller confirms to Ventura the binding execution of the package tour contract for the persons specified.

b) The contract is formed upon receipt of the travel confirmation (declaration of acceptance) from Ventura. Upon or immediately after formation of the contract, Ventura will send the traveller a travel confirmation on a durable medium. If the contract is formed while the traveller is physically present, the traveller is entitled to a travel confirmation in paper form; the same applies if the contract is executed outside business premises.

1.3 For a booking that is booked in electronic commerce (e.g. on the Internet), the following applies:

a) The procedure for online booking shall be explained to the traveller on the corresponding website.

b) The traveller is provided with a corresponding correction option for correcting his/her entries, deleting or resetting the entire online booking form, the use of which is explained.

c) The contract languages offered for the execution of the online booking are indicated.

d) Insofar as the text of the contract is stored by Ventura, the traveller will be informed of this and of the possibility to retrieve the text of the contract at a later date.

e) By pressing the button "book now", the traveller makes a binding offer to Ventura to enter into the travel contract.

f) The traveller is immediately confirmed receipt of his booking (travel registration) electronically (confirmation of receipt).

g) The transmission of the booking (travel registration) by clicking on the button "book now" does not constitute a claim by the traveller to the formation of a package tour contract with Ventura in accordance with his/her booking (travel registration). The package tour contract is only formed upon receipt by the traveller of Ventura's travel confirmation, which is made on a durable medium.

h) If the booking confirmation is made immediately after the button "book now" has been pressed by means of a corresponding direct display of the booking confirmation on the screen, the package tour contract comes into effect with the display of this booking confirmation, without the need for an intermediate notification of receipt of the booking in accordance with f) above. In this case, the traveller is offered the option to save the booking on a durable medium and to print out the travel confirmation. However, the binding nature of the package travel contract is not dependent on the traveller actually using these options for storage or printing.

2. Payment

2.1 After formation of the contract, a deposit of 20% of the booking price shall be due, provided that the risk coverage certificate has been sent to the traveller in text form. If the flights or accommodation services included in the respective offer are due for payment immediately by Ventura's service providers, or if a flight ticket has to be issued immediately after the booking has been confirmed, Ventura reserves the right to charge a higher down payment of at least 30% of the booking price. The traveller will be informed of this by Ventura before the booking is completed in the travel confirmation. Any money paid to an authorised agent of Ventura in respect of a booking including flights is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to Ventura for as long as they do not fail financially. If they do fail financially, any money held at that time by the agent or subsequently accepted from the consumer by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to Ventura.

2.2 The remaining amount is due for payment 65 days prior to departure, provided that the tour can no longer be cancelled for the reasons mentioned in section 7.1 and the insolvency insurance certificate has been sent in text form. If a tour can still be cancelled for the reasons stated in Clause 7.1, the remaining amount for this tour is only due at the time when the tour can no longer be cancelled by Ventura.

2.3 In the case of bookings made at short notice (i.e., bookings made at such short notice before the start of the tour that the entire booking price is already due, or Ventura can no longer cancel the tour due to the number of participants not being reached), the entire booking price is due for payment immediately after the insolvency insurance certificate has been sent in text form.

2.4 Premiums for insurance and other expenses such as individual flights, as well as cancellation and rebooking fees are due for payment in full after invoicing.

2.5 The traveller may choose to pay the travel price by credit card or bank transfer.

2.6 If the traveller fails to make the down payment or final payment by the respective due dates despite having received an insolvency insurance certificate, Ventura is entitled to withdraw from the contract after issuing a reminder with a deadline. Likewise, Ventura is entitled to charge the traveller with the cancellation costs set in section 4.1 et seq. This does not apply only if the traveller has a legal or contractual right of retention, or if Ventura is not willing and able to properly provide the contractual services, or has not fulfilled its legal obligations to provide information on when these payments are due.

3. Services, change to services, and change of price after contract execution

3.1 Services

a) Ventura's obligation to perform arises exclusively from the contents of the booking confirmation in conjunction with the catalogue or brochure valid at the time of travel, Ventura's website, an individual offer, or any other medium of Ventura, subject to all information, notes and explanations contained therein as well as the pre-contractual information relevant to the booked package tour.

b) Employees of service providers (e.g. airlines, hotels) as well as travel agents are not authorized by Ventura to give assurances or information, or to make agreements that go beyond the travel description, the booking confirmation or the pre-contractual information of Ventura, contradict them or change the confirmed content of the package tour contract.

c) Ventura may offer optional upgrade packages that provide services or rights exceeding those included in the standard travel package. Such upgrade packages may include additional comfort, service, or assistance elements, or may extend or modify existing contractual rights (for example, regarding rebooking or cancellation conditions).

The specific contents, conditions, and any additional costs of the upgrade packages available at the time of booking are described in the travel advertisement, the booking offer, or other pre-contractual information provided to the traveller. These details become part of the travel contract once the traveller books the respective upgrade package.

3.2 Changes to services

a) Changes to or deviations from individual travel services from the agreed content of the package tour contract – that become necessary after the contract has been concluded and that were not brought about by Ventura in bad faith – are only permitted if the changes or deviations are not significant and do not significantly affect the overall nature of the booked package tour. Furthermore, these changes must be explained before the start of the tour. Ventura must inform the traveller of the change in a clear, comprehensible, and prominent manner on a durable medium.

b) Ventura reserves the right to make specific arrangements or small modifications in the case of small group sizes (defined as four participants or fewer), and/or as outlined in your booking confirmation. Such modifications may include, for example, changes to the size or type of transportation used, or the assignment of different guides, including local or regional guides. Ventura shall inform the traveller of the change in a clear, comprehensible, and prominent manner on a durable medium.

c) In the event of a significant change to an essential characteristic of a travel service, or a deviation from a special requirement of the traveller that has become part of the package tour contract, the traveller is entitled, within a reasonable period of time set by Ventura, to accept the notified change in the travel service or deviation from the special requirement, or withdraw from the contract without incurring cancellation costs, or participate in a substitute package tour offered by Ventura, if applicable.

A significant change may in particular exist if essential components of the trip, which substantially shape the travel experience, are unavailable—for example, the official closure of a key attraction.

If the traveller does not respond to Ventura, or does not respond within the reasonable period of time set, the change or deviation is deemed to have been accepted. Ventura will inform the traveller of this, as well as of the significant change or deviation from a specific requirement, immediately after becoming aware of the reason for the change, together with the notification of the traveller's rights and a deadline for explanation, in a clear, comprehensible, and prominent manner on a durable medium.

d) Any warranty claims remain unaffected insofar as the changed services are defective. If the replacement package tour or changed package tour is not of at least the same quality as the originally owed package tour, the booking price is to be reduced if Ventura incurs lower costs with equivalent quality, the difference is to be reimbursed to the traveller.

3.3 Price change

a) Ventura reserves the right to make changes to the advertised price confirmed with the booking. This right exists if the increase in the tour price results directly from an increase in transportation costs due to an increase in the cost of fuel or other energy sources; or an increase in charges such as port and airport taxes, entry fees, or aviation security costs; as well as tax increases on booked services, tourist taxes, or state national park fees.

(aa) If the transportation costs existing at the time of execution of the travel contract, in particular the fuel costs, increase, Ventura may increase the booking price in accordance with the following calculation:

In the case of an increase related to the seat, Ventura may demand the amount of the increase from the passenger. In other cases, the additional transport costs demanded by the transport company per means of transport will be divided by the number of seats in the agreed means of transport. Ventura can demand the resulting increase amount for the individual seat from the passenger.

(bb) If the duties or taxes existing at the time of execution of the travel contract (in particular tourist taxes, port or airport charges, state national park fees) are increased vis-à-vis Ventura, the booking price can be increased by the corresponding, proportionate amount.

(cc) If the booking price is increased due to a change in the exchange rate, Ventura must disclose to the traveller which exchange rate it originally used as a basis for the tour description and at what point in time, with the cut-off point for the exchange rate change being after the date of the conclusion of the contract.

b) An increase in the tour price is only permissible if the circumstances leading to the increase have not yet occurred prior to the conclusion of the contract. A price change by Ventura is only permissible if Ventura informs the traveller in a clear and comprehensible manner on a permanent data carrier about the price increase and the reasons for it. In addition, Ventura must inform the traveller about the calculation of the price increase no later than 21 days before the start of the trip. Ventura is only allowed to increase the price by up to 8 percent.

c) The traveller is entitled to request a price reduction from Ventura of up to 8 percent for the same reasons that would entitle Ventura to a price increase and the changes result in lower costs for Ventura. If the traveller has paid more than the amount owed hereafter, the excess amount must be reimbursed by Ventura. Ventura may deduct the administrative expenses actually incurred by Ventura from the additional amount to be reimbursed. Upon request, Ventura must provide evidence to the traveller of the amount of administrative expenses incurred.

d) If the price increase exceeds 8 percent of the travel price, Ventura cannot unilaterally implement it. In this case, the traveller is entitled, within a reasonable period set by Ventura, to either accept the notified price increase, or to withdraw from the contract without cancellation costs, or to declare participation in a replacement package tour offered by Ventura.

If the traveller does not respond to Ventura or does not respond within the reasonable period set, the price increase is deemed to have been accepted. The traveller will be informed of this by Ventura immediately after becoming aware of the reason for the price increase, together with information about their rights and a deadline for the declaration on a permanent data medium in a clear, understandable and prominent manner. The offer of a price increase must be made to the traveller no later than 21 days before the start of the trip; Ventura cannot accept a later request for a price increase.

e) If the replacement package tour carried out is not of at least equivalent quality to the package tour originally owed, the travel price is to be reduced); if Ventura incurs lower costs for equivalent quality, the traveller is to be reimbursed the difference.

General Terms & Conditions The following General Terms and Conditions (T&C), insofar as effectively agreed, become the content of the package travel contract executed between the customer (i.e. traveller) and the tour operator Ventura TRAVEL GmbH (hereinafter referred to as Ventura) for trips of BRAND.