These terms & conditions govern your booking with M.O. Tourist Co Ltd (“M.O.”, “we” or “us”), which is a registered company (FC023316) in England. Our registered office address is c/o Toyota Motor Manufacturing UK Ltd, Burnaston, Derby, DE9TA.
M.O. is a corporate travel company acting as an agent to facilitate the provision of business travel services to corporate customers purchasing business related travel in the United Kingdom. The Client wishes to engage the services of M.O. for the purposes of purchasing its business related travel.
These Terms & Conditions govern the Client's booking with M.O. for the Services chosen by the Client and specified on the Client's confirmation invoice. By making a booking with M.O. the Client is deemed to have read and accepted these Terms and Conditions, and deemed to have the right, authority and capacity to be bound by them.
1.Definitions
References in these Terms & Conditions to
1.1
'Client', 'you' and 'your' means the party making the email or telephone booking through M.O.;
1.2
'Services' means the business related travel arrangements purchased by the Client and provided to the Client under a separate contract between the Client and Supplier/Principal;
1.3
'Supplier/Principal' means the provider of the Services;
1.4
'Terms & Conditions' means these agency terms and conditions.
2.Appointment
2.1
The Client hereby appoints M.O. to act as its agent for the purposes of sourcing or otherwise facilitating the provision of Services in accordance with these Terms & Conditions and the Client's instructions and M.O. agrees to act as such.
3.The Booking
3.1
When booking or otherwise arranging the Services, M.O. in its role as agent for both the Client and the Supplier/Principal will arrange for the Client to enter into a contract with the Supplier/Principal of the Services in question.
3.2
As an agent M.O. accepts no responsibility for the acts or omissions of the Supplier/Principal or for the Services provided by the Supplier/Principal in question. The Supplier/Principal's terms and conditions will apply to all such bookings and the Client should read these carefully. M.O. will be able to provide copies of such terms and conditions, where applicable, upon request.
3.3
As part of the Services, M.O. may book a number of different arrangements on the Client's behalf and M.O. does so acting as the Client's agent at all times. The price charged in total for these arrangements will always equal the prices charged separately for each individual arrangement. All arrangements are available to be purchased separately, at the same price as they are when more than one arrangement is booked. Furthermore, many of these arrangements will not constitute a ‘tourist service' for the purposes of the Package Travel, Package Holidays and Package Tours Regulations 1992. This means that the Services (whether they amount to tourist services or not) and any multiple bookings of the Services do not constitute a ‘package' as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992. Furthermore, by virtue of the Corporate Sales Exemption under the Civil Aviation (Air Travel Organisers' Licensing) Regulations 2012, M.O. does not hold an ATOL nor is required to.
3.4
M.O. is an IATA Accredited Agent (No.91235281) and as such authorised to act as an agent on behalf of certain airlines. On receipt of payment from you for the applicable flight, M.O. will immediately issue you with a confirmed ticket. All flights are sold as agent of the airline named on the ticket and is not protected under the ATOL Scheme.
4.Changes or Cancellation to the Services by the Client
4.1
If the Client wishes to cancel or amend the Services, or any part of them, it must send a written instruction to M.O. requesting a cancellation or amendment, either by email or where applicable, using the online booking system. A request for a cancellation or amendment will not be effective until M.O. receives this instruction.
4.2
Cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal concerned. The Supplier/Principal may charge the cancellation or amendment charge showing in their terms and conditions (which may be 100% of the arrangement or service in question). It is the Client's responsibility to pay any such cancellation charges as applied by the Supplier/Principal. In addition, the Client must pay M.O. an administration charge as advised at the time of booking.
5.Changes or Cancellation to the Services by the Supplier/Principal
5.1
M.O. will inform the Client of any changes or cancellations made to the Services by the Supplier/Principal as soon as reasonably possible.
5.2
If, as part of any such amended or cancelled Services, the Supplier/Principal offers alternative arrangements or a refund, the Client must let M.O. know whether it wishes to accept the alternative arrangements within the time frame M.O. stipulates. If the Client fails to do so the Supplier/Principal is entitled to assume that the Client wishes to receive a full refund. M.O. accepts no liability for any changes or cancellations made to the Client's arrangements by the Supplier/Principal under the Client's contract with them.
6.M.O.'s Responsibility for the Services
6.1
The Client's contract for the provision of the Services is with the Supplier/Principal and its terms and conditions apply. As agent, M.O. accepts no responsibility for the actual provision of the Services. M.O.'s responsibilities are limited to sourcing and arranging the Services in accordance with the Client's instructions. M.O. accepts no responsibility for any information about the Services that it passes on to the Client in good faith. However, in the event that M.O. is found liable to the Client, M.O.'s liability to the Client in respect of any claim will not exceed twice the cost of the commission M.O. earns on the booking (or the appropriate proportion thereof).
6.2
M.O. shall not be liable to the Client in any circumstances in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof for any loss of profit, business, contracts, revenues or for any special, indirect or consequential damage of any nature whatsoever.
6.3
Nothing in this clause or in this Agreement shall operate to limit or exclude M.O.'s liability for:
- 6.3.1
- death or personal injury caused by its negligence or that of any of its employees while acting in the course of their employment; or
- 6.3.2
- fraudulent misrepresentation or fraudulent concealment; or
- 6.3.3
- any liability which cannot be limited or excluded by law.
7.The Client's Obligations
7.1
The Client acknowledges that M.O.'s ability to provide the Services is dependant upon the Client's full and timely cooperation (which it agrees to provide), as well as the accuracy and completeness of any information and data which the Client provides to M.O.. Accordingly the Client shall:
- 7.1.1
- Provide M.O. with access to and use of all information, data and documentation reasonably required by M.O. for the performance of its obligations under this Agreement.
- 7.1.2
- Co-operate with M.O. in all matters relating to the Services.
7.2
The Client agrees that it is responsible for any loss or damage to any physical property belonging to M.O. or any Supplier/Principal caused by the acts or omissions of the Client or any of its employees, officers, agents, consultants, subcontractors, suppliers and any other persons who are invited and/or permitted by it to participate in and/or make use of the Services ("Client Personnel"). The Client agrees to reimburse M.O., or where appropriate the Supplier/Principal, for the monetary value of any such loss or damage, provided always that the Client has been provided with appropriate invoices evidencing the sums due to either M.O. or the Supplier/Principal.
8.Price & Payment
8.1
Payment for the Services is required by the Client at the time of booking or by the due date stipulated on the Client's invoice. In addition to the price of the Services, the Client must also pay all applicable booking fees and services charges as notified to the Client by M.O. at the time of booking. Your booking for the Services is confirmed and a contract between you and the Supplier/Principal for the Services will exist when we send you a confirmation invoice on their behalf.
8.2
It is the Client's responsibility to check the confirmation invoice and all other documents, including confirmed tickets, carefully and report any incorrect or incomplete information to M.O. immediately. Please ensure that names are exactly as stated in the relevant passport. As M.O. acts only as booking agent, it has no responsibility for any errors in any documentation except where an error is made by M.O..
8.3
M.O. reserves the right to amend advertised prices at any time as well as correcting errors in both advertised and confirmed prices. It is the Client's responsibility to check the price of their chosen Services at the time of booking.
9.Insurance
9.1
The Client is strongly recommended to take out insurance for all Client Personnel (or ensure that such Client Personnel obtain their own insurance) and some Supplier/Principals require that it does so as a condition of booking. In addition to travel insurance (where applicable), it may also be possible for the Client to obtain cancellation insurance to provide cover in the event that the Supplier/Principal cancels the Services at short notice - and M.O. strongly recommends that it does so. It is the Client's responsibility to ensure that the insurance it purchases is adequate and appropriate for its particular needs. If the Client chooses to not purchase adequate insurance, neither M.O. nor the Supplier/Principals will have any liability for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
10.Complaints relating to the Services
10.1
Where the Client's complaint relates to the provision of the Services, since the contract for the provision of the Services is between the Client and the Supplier/Principal, any complaints should be addressed to the Supplier/Principal. If the Client has a problem during the performance of the Services, this must be reported to the Supplier/Principal or their representative immediately. If the Client fails to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify matters and this may affect the remedies available to the Client as a result.
10.2
Where possible, M.O. in its role as agent can assist the Client in addressing any complaints that it may have to the Supplier/Principal in order to work towards a suitable resolution. M.O. provides this assistance as a gesture of goodwill only in order to assist the Client and does not accept any liability for any compensation, refunds or other actions of the Supplier/Principal in dealing with your complaint.
10.3
If the Client's complaint relates to M.O.'s role as booking agent, the Client must contact M.O. directly and without delay to enable M.O. to resolve any such complaints or concerns.
11.Data Protection
11.1
In order to process your booking in accordance with your instructions, you accept that M.O. will need to pass your booking information, including your personal data, on to the relevant Supplier/Principal of your Services or other persons necessary for the provision of your Services. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies.
11.2
If you are travelling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant Supplier/Principals, whether in the EEA or not, we will be unable to process your booking. In making this booking, you consent to this information being passed on to the relevant persons.
11.3
How we handle the personal information we collect from you when you book with us is set out in our Privacy Policy which can be found in full on our website AT
Terms and Condition(DERBY Branch & LONDON Office)
https://www.mo-tourist.co.jp/en/gdpr/termscondition.html
Privacy Standard - Data Protection Policy(DERBY Branch & LONDON Office)
https://www.mo-tourist.co.jp/en/gdpr/dataprotection.html
General Data Protection Regulation (GDPR)(DERBY Branch & LONDON Office)
https://www.mo-tourist.co.jp/en/gdpr/generaldata.html
12.Force Majeure
12.1
Neither party hereto shall be liable to perform its obligations under this Agreement in so far as such performance is hindered or prevented by strikes, lockouts, riots, war (declared or undeclared), acts of God, civil insurrection, fire or other similar cause, or failure of a third-party supplier, provided that any such specified cause or other similar cause is beyond the reasonable control of such party. In these circumstances, M.O. shall not be liable to the Client for any refunds, compensation or damages of any kind.
13.General
13.1 Special requests:
If the Client has any special requests, the Client must let M.O. know at the time of booking. M.O. will pass on all such requests to the Supplier/Principal, but cannot guarantee that they will be met and have no liability to the Client if they are not.
13.2 Visa, passport and health requirements:
M.O. can provide general information about the passport and visa requirements for the Client's trip, however the Client's specific passport and visa requirements, and other immigration requirements are their responsibility and the Client should confirm these with the relevant embassies and/or consulates. Neither M.O. nor the Principal/Supplier accepts any responsibility if the Client cannot travel because they have not complied with any passport, visa or immigration requirements. M.O. can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances.
13.3 Accommodation Ratings and Standards:
All ratings are as provided by the relevant Supplier/Principal. These are intended to give a guide to the services and facilities you should expect from your Services. Standards and ratings may vary between countries, as well as between Supplier/Principals. M.O. cannot guarantee the accuracy of any ratings given.
13.4 Documentation & Information:
All descriptions and content on our website or otherwise issued by us is done so on behalf of the Supplier/Principal in question and are intended to present a general idea of the Services provided by the Supplier/Principal. Not all details of the Services can be included on our website. All Services shown are subject to availability. If you require any further details, in respect of any Services or any other travel arrangements please contact us.
13.5 Variation:
No purported variation of these Terms & Conditions shall be effective unless it is agreed in writing by M.O..
13.6 Waiver:
No waiver by any party of any breach by the other party of any of the provisions of these Terms & Conditions shall be construed as a waiver of any subsequent breach.
13.7 Severability:
If any provision of these Terms & Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of the Terms & Conditions and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Both parties agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.
13.8 Assignment:
These Terms & Conditions and any benefit or obligation under it is not assignable by either party without the consent of the other nor can it be sub contracted by either party without the consent of the other.
13.9 Law & Jurisdiction:
These Terms & Conditions and any matters arising from them are subject to and governed by English law and the parties agree that any dispute(s) they may have will be exclusively dealt with by the Courts of England and Wales.