Terms and Conditions
GENERAL TERMS AND CONDITIONS – WAMI TRAVEL
Mrs. Chiara Giusti, trading under the name Wami Travel, is a sole proprietorship under Dutch law. Wami Travel is registered at Keizersgracht 520 H, 1017 EK Amsterdam, the Netherlands, with the Chamber of Commerce under registration number 98334328.
Article 1. Applicability
These general terms and conditions apply exclusively to all assignments to Wami Travel, including follow-up assignments, which must be regarded as contracts for services. The applicability of the general terms and conditions of the client (the “Customer”) is expressly rejected. Wami Travel performs the engagement solely for the benefit of the Customer, and no third party shall derive any rights from it. By signing an (additional) assignment, the Customer confirms their acceptance of these general terms and conditions.
Article 2. Services
Wami Travel provides travel advisory and planning services related to travel within Asia, focusing primarily on Japan. Wami Travel’s services include and are limited to:
a. Advising on possible travel routes, attractions, accommodations, and transport;
b. Coaching and advising on local customs and culture;
c. Preparing travel plans and daily itineraries;
d. Ongoing support before and during the trip via WhatsApp.
Wami Travel may receive a commission if the Customer purchases a recommended service or through the relevant website.
Wami Travel’s offer and services explicitly do not include the sale, facilitation, or (re)sale of travel services, package holidays, or linked travel arrangements within the meaning of Article 2 of Directive 2015/2302. Wami Travel is not a travel package organizer and does not assemble package holidays. Wami Travel only provides non-binding advice and recommendations regarding various travel options, without transferring any customer data to third parties. The Customer independently selects and books the desired services directly with a travel operator or local company of their choice. Wami Travel never receives payments from the Customer for the travel services they ultimately book.
Article 3. Prices and Payment
All prices mentioned on the website and in communications between Wami Travel and the Customer are stated in EUR and include 21% VAT, unless otherwise indicated. For Customers based outside the EU, the tax laws of their country of residence apply.
Upon acceptance of the (additional) assignment, the agreed fee is invoiced before commencement of the services. Wami Travel will only start work once the Customer has made payment. The Customer must pay the invoice within 14 days from the invoice date. If payment is not received within this period, the Customer is in default by operation of law. In that case, Wami Travel may charge statutory commercial interest and extrajudicial collection costs, which, for private clients, are calculated according to the Dutch “Decision on compensation for extrajudicial collection costs (BIK).”
All prices listed on the website or in communication are subject to change and possible typographical errors. Wami Travel is not obliged to provide services based on an evident error.
Article 4. Use of Third Parties
Wami Travel is entitled to engage one or more employees or third parties for the execution of the assignment, on behalf of and at the expense of the Customer. Articles 7:404 and 7:407(2) of the Dutch Civil Code do not apply.
Article 5. Liability
Wami Travel shall not be liable for any direct, indirect, or consequential damages arising before or during the trip.
The liability of Wami Travel is strictly limited to direct damages that are the sole and immediate consequence of instructions, omissions, or conduct attributable to Wami Travel in the performance of the services.
No compensation shall be due for damages resulting from external causes, the Client’s conduct, acts or omissions of third parties, or from events that were unforeseeable at the time the services were rendered.
Any ongoing assistance provided during the trip is of a purely supportive nature; accordingly, Wami Travel shall not be liable for any damages arising from the information, guidance, or assistance provided.
This limitation of liability shall not apply in cases of wilful misconduct or gross negligence on the part of Wami Travel’s management.
Article 6. Privacy
All personal data of the Customer are processed in accordance with the General Data Protection Regulation (“GDPR”). Wami Travel takes the care reasonably expected of it in securing Customer and third-party data. The Customer agrees to electronic data exchange (internet and email) and acknowledges that, despite Wami Travel’s security measures, absolute protection against unauthorized access cannot be guaranteed. Wami Travel is not liable for data loss or damage resulting from unauthorized access, regardless of whether such loss or damage resulted from data transmission.
Article 7. Intellectual Property
Without prejudice to the provisions of these general terms and conditions, Wami Travel retains all rights and powers granted to it under the Dutch Copyright Act. Any intellectual property rights arising from the performance of the agreement shall belong exclusively to Wami Travel.
All materials provided by Wami Travel, such as advice, travel guides, agreements, schedules, images, and media, may only be used by the Customer for their intended purpose. Provision of these materials does not constitute a transfer of copyright.
It is strictly prohibited to copy, distribute, publish, translate, forward to third parties, resell, or commercially use the received materials, in whole or in part, without Wami Travel’s prior written consent.
Wami Travel is entitled to use knowledge gained during the performance of the agreement for other purposes, provided any confidentiality or privacy obligations toward the Customer are respected.
Article 8. Withdrawal and Refunds
If the Customer is a consumer, they may withdraw from a contract concluded remotely or outside the business premises without giving reasons within fourteen days of conclusion.
If the Customer has expressly agreed to the commencement of services before the withdrawal period expires and has waived their right of withdrawal once Wami Travel has fully performed the contract, they can no longer withdraw.
If the Customer has given such consent and waiver, and Wami Travel has already started work but not yet completed it, the Customer shall owe an amount proportionate to the services performed up to the time of withdrawal, relative to the total price agreed in the contract.
Article 9. Governing Law
The legal relationship between Wami Travel and its Customers is governed exclusively by Dutch law.
Article 10. Complaints and Dispute Resolution
The Customer must submit any complaints about the performance of the agreement promptly and in any case within 14 days after the cause arose, fully and clearly described, in writing via email to Wami Travel.
Wami Travel will process the Customer’s complaint within 14 days and make reasonable efforts to assist the Customer further. Both parties will make every effort to resolve complaints amicably.
If the parties cannot reach an agreement, the court in Amsterdam, the Netherlands, shall have exclusive jurisdiction to settle the dispute, subject to mandatory provisions of Dutch procedural law.
Article 11. Final Provisions
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the remaining provisions shall remain in full force and effect. The parties shall then replace the invalid provision with one that approximates the original intent as closely as possible.
Situations not covered by these terms and conditions, or ambiguities regarding their interpretation or content, shall be assessed “in the spirit” of these general terms and conditions.
Customer Acknowledgement and Acceptance
By placing an order, booking a service, or making a payment, the Customer explicitly agrees and acknowledges that:
Nature of Services
Wami Travel does not offer, facilitate, sell, or resell package holidays or linked travel arrangements within the meaning of Directive (EU) 2015/2302, and does not act as a travel organizer.
Wami Travel exclusively provides non-binding travel advice and planning services, as further described in Article 2 of the General Terms and Conditions. All travel services are independently selected and booked by the Customer directly with third-party providers.Early Commencement of Services & Withdrawal Right
The Customer expressly requests that Wami Travel commences the performance of the services before the statutory withdrawal period has expired, and acknowledges and accepts that:once the services have been fully performed, the statutory right of withdrawal is definitively lost;
if the Customer withdraws after the commencement of the services but before completion, they remain liable for payment of the portion of the services already performed, in accordance with Article 8 of the General Terms and Conditions.
Acceptance of General Terms and Conditions
By completing the booking and/or making payment, the Customer confirms that they have read, understood, and accepted the General Terms and Conditions of Wami Travel, as published on the website, and acknowledges their full applicability to the agreement between the Customer and Wami Travel.
Payment constitutes explicit acceptance of the General Terms and Conditions of Wami Travel.