TERMS AND CONDITIONS

TERMS AND CONDITIONS

About Tranquwell Information

Tranquwell is a trading name of SEED COMMERCE CO.,LTD. The following booking conditions form the basis of your contract with SEED COMMERCE CO.,LTD. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.

These booking conditions only apply to the holiday arrangements which you book with us prior to departure and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to “tour”, “trip”, “holiday” or “arrangements” mean such holiday arrangements unless otherwise stated and references to “departure” mean the start date of your holiday with us.

In these booking conditions, you”and your”means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them as the context requires. “We”, “us” and “our” means SEED COMMERCE CO.,LTD.

Contents

Interpretation and Definitions

  • 1. Making your booking

    To make a booking, you must complete our booking form or use our online client portal to submit your details. The booking form must be signed by the first named person on the booking (“party leader”) to confirm your acceptance of our booking conditions. If you use our online client portal, the party leader must tick the appropriate box to confirm this acceptance. The party leader must be authorized to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By signing the booking form or ticking the appropriate box on our client portal to confirm acceptance of our booking conditions, the party leader confirms that he/she is so authorized. The party leader is responsible for making all payments due to us and must be at least 18 when the booking is made.

    If you choose not to submit your details using our online client portal, the completed signed booking form must then be returned to us by email together with the payments referred to in clause 2 below.

    Subject to the availability of your chosen arrangements, we will confirm your holiday by issuing a confirmation. This confirmation will be sent to the party leader or your travel agent. Where you book through our website, any electronic acknowledgement of your booking is not a confirmation of it. Please check this confirmation and the accompanying proforma invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation, proforma invoice or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within 10 days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.

    If you wish to, you may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to tranquwell_promotion@seed-comm.com

  • 2. Payment

    The Price shall be payable in the invoiced currency (we cannot accept payment for a single booking in multiple currencies).

    Time for payment shall be of the essence. The due date will be shown on the confirmation invoice. Reminders are not sent. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 7 depending on the date we reasonably treat your booking as canceled.

    There are two payment options available.


    (a) Credit Card
    VISA / MASTER / AMEX are accepted. Please note, we charge credit card fees of 3%.

    Where the booking is made more than 60 days in advance of the Departure Date a non-refundable Deposit of US$500 per person shall be payable within 3 days from booking and the balance of the price shall be payable in full no later than 60 days prior to the Departure Date. If the booking is made less than 60 days in advance of the Departure Date, full price shall be payable within 3 days of receipt of the confirmation invoice. If the booking is made less than 14 days in advance of the Departure Date, we will specify the terms of payment on a case-by-case basis.

    Please note, the decision to operate our recommended tours will be made 70 days prior to the Departure Date. Our recommended tours 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 no less than 60 days before departure and issue a full refund.


    (b) Wire Transfer
    Wire transfer is accepted. You are responsible for any applicable wire transfer fees. Please note, full price shall be payable within 7 days of receipt of the confirmation invoice regardless of booking date for wire transfer payments. Additional surcharge can be payable after making a full payment.

  • 3. Your contract

    A binding contract between us comes into existence when we dispatch our confirmation invoice to the party leader or your travel agent. We both agree that American law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”). We both also agree that any claim (and whether or not involving any personal injury) must be dealt with under the Courts of the United States. In this case, proceedings must either be brought in the Courts of your home country or those of the United States.

  • 4. The cost of your holiday

    Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking. We reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking. Once the price of your chosen holiday has been confirmed at the time of booking, then subject to the correction of errors, we will only change it in two circumstances; if local sales or consumption tax changes or is introduced after your booking is confirmed, or if there are currency fluctuations. We will not change the price of a confirmed booking in any other circumstances.

    Even in the above situation, only if the amount of any increase in our costs exceeds 2% of the total cost of your holiday (excluding any amendment charges) will we levy a surcharge. If any surcharge is greater than 2% of the cost of your holiday (excluding any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges).

    You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to choose option (b) or (c) as set out in clause 9 below. If you do not tell us that you wish to choose either of these options within this period of time, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later.

    Please note, arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday due to contractual and other protection in place.

    We cannot provide refunds even if the cost of your holiday decreases for the reasons set out above.

    We promise not to levy a surcharge within 30 days of departure. No refund will be payable during this period either.

  • 5. 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 endeavor 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 fulfillment 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. 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 endeavor 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 traveling (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. It can only be done once per holiday. If done at the same time, multiple places can be transferred. Please note, we may not be able to transfer your place on your booking to someone else due to the nature of some tours. All costs and charges incurred by us and/or incurred or imposed by any of our suppliers must be paid before the transfer can be effected. Any overdue balance payment must also be received.

  • 7. 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 email. 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) canceling excluding any amendment charges. Amendment charges are not refundable in the event of cancellation.

    More than 60 days before Departure Date: Deposit Only
    30 days to 59 days before Departure Date: 50% of the price
    15 days to 29 days before Departure Date: 75% of the price
    14 days or less before Departure Date: 100% of the price

    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 traveling.

    See clause 6 “Changes by you” if you are prevented from traveling.

  • 8. Insurance

    You are recommended to take out adequate and appropriate travel insurance for your holiday. You must as a minimum have insurance cover for medical expenses (including medical repatriation).

    Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check insurance policies.

  • 9. 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 brochures and other details both before and after bookings have been confirmed and cancel confirmed bookings.

    Whilst we always endeavor to avoid changes and cancellations, we must reserve the right to do so. 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, 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 opti

    (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) canceling 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.

    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.

    Very rarely, we may be forced by “force majeure” (see clause 10) 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.

  • 10. 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.

  • 11. Itinerary Changes

    It may be necessary, sometimes at short notice, to make changes to an itinerary due to weather, traffic or road conditions. Regrettably, coaches, trains, boats do occasionally break down, or suffer mechanical or technical problems, or certain facilities on board a coach, train, boat may become faulty. Every effort will be made to rectify such issues as quickly as possible. In some instances, it may be necessary to replace the vehicle or boat which cannot be repaired. We cannot accept any responsibility for delays caused by any form of breakdown.

  • 12.Our Liability to you

    (1) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).

    We will not be responsible for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:

    (i) the act(s) and/or omission(s) of the person(s) affected or
    (ii) any member(s) of their party or the act(s) and/ or (iii) omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or ‘force majeure’ as defined in clause 10 above.

    (2) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resorts. Please also see clause 15 “Excursions, activities and general area information”. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.

    The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the United States which would have applied had those services been provided in the United States.

    (3) The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 11(1). We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we have not exercised reasonable skill and care.

    (4) Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is 30% of the total cost of your holiday per person affected unless a lower limitation applies to your claim under this clause or clause 12(6) below. You must ensure you have appropriate travel insurance to protect your personal belongings.

    For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 11(6) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.

    (5) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention applies, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question. Please note; where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request.

    (6) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses including self-employed loss of earnings.

  • 13. Complaints and problems

    In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform our local representative and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to our representative and the supplier as soon as possible. If you cannot contact our local representative for any reason and any complaint or problem is not resolved to your satisfaction by the supplier, you must contact us in the United States using the contact details we have provided you with, giving us full details and a contact number. Until we know about a complaint or problem, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 7 days of your return home giving your booking reference and full details of your complaint. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.

  • 14. Behavior and damage

    You accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.

    We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.

  • 15. Inclusions

    The tour price includes:

    All accommodation as listed in the Tour Inclusions Section in our brochure
    All transport listed in the Tour Inclusions Section in our brochure
    Sight-seeing and meals as listed in the Tour Inclusions Section in our brochure
    The services of a group leader as described in the Tour Inclusions Section in our brochure

  • 16. Exclusions

    The tour price does not include:

    Flights, excess baggage, visas, insurance, extra meals and drinks, items of personal nature, entrance fees, tips, port taxes & fuel supplements, departure taxes, optional activities and all the other services not stated in the Tour Inclusions Section in our brochure.

  • 17. Solo Passengers

    Solo passengers have a few options while booking a tour. All prices are based on double, twin or triple share occupancy. Solo passengers not wishing to pay a single supplement will be accommodated in a double, twin or triple room according to availability with a passenger(s) of the same gender. The single supplement need only be paid if a room to oneself is requested and is additional to the tour fee. Please note, we cannot guarantee to offer a single supplement option.

  • 18. Age

    Our recommended tours are for persons aged 18 or older. If you have a child aged 17 or younger, please book our private tours or tailor-made tours. No unaccompanied minors (i.e. those under 18 years of age) can be accepted on tours operated by us.

  • 19. Special Offers & Discounts

    Special offers and discounts can only be applied at the time of booking and cannot be retrospectively added at a later date, regardless of any later changes made to the original booking. Additional terms & conditions can be added during special campaigns and are solely valid for the specific campaign they refer to. Please see the Tranquwell website for particular conditions applicable to each offer. In all cases only one discount can apply to a Tranquwell booking. When two or more offers can apply to a booking in all cases only the discount offering the highest saving to the booking will be applied.

  • 20. Conditions of suppliers

    Most of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable international conventions (see clause 11(4)). Copies of the relevant parts of these terms and conditions and of the international conventions are available on request from ourselves or the supplier concerned.

  • 21. Excursions, activities and general area information

    We may provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the areas you are visiting. We have no involvement in any such activities or excursions which are neither run, supervised, controlled nor endorsed in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/ other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 11(1) of our booking conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.

    We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the areas you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities or excursions referred to in our brochure, on our website and in our other advertising material which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to area information and/or such outside activities or excursions which can reasonably be expected to affect your decision to book a holiday with us, we will pass on this information at the time of booking.

  • 22. Passports, visas and health requirements

    It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty, costs or expenses being imposed on or incurred by us, you will be responsible for reimbursing us accordingly.

  • 23. Travel advisory by the United States Department of State

    The United States Department of State publishes regularly updated travel information on its website https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/ which you are recommended to consult before booking and in good time before departure. We act in accordance with this advice and will cancel your holiday where, at the time of travel, the United States Department of State advises against all travel or all but essential travel to the country or region you are visiting and we are unable to offer suitable alternative arrangements which are acceptable to you.

  • 24. Brochure / website / advertising material accuracy

    The information contained in our brochure, on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen holiday (including the price) with us [or your travel agent] at the time of booking.

  • 25. Safety standards

    Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the United States. As a general rule, these requirements and standards will not be the same as the United States and may sometimes be lower.

  • 26. Photos & Marketing

    You consent to Tranquwell using images taken of you during the tour or shared on Tranquwell social media accounts for advertising and promotional purposes in any media we choose. You grant Tranquwell a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes. If you do not wish to give us permission to use your images, you must notify us in writing prior to the start of your holiday.

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California - Seller of Travel #2155893-70
Copyright © Tranquwell All Rights Reserved.

California - Seller of Travel #2155893-70
Copyright © Tranquwell All Rights Reserved.