Terms and Conditions of Sale

1. Purpose and Scope

These Terms and Conditions of Sale (the "Terms") govern the contractual relationship between the business entity "Kimasu" (represented by its sole proprietor Nicolas Edouard William WEBER) (the "Provider") and any person or entity booking its services (the "Client"). They apply to any booking of a guiding or travel design service, regardless of the booking method.

Any booking implies full and unreserved acceptance of these Terms. The Provider reserves the right to amend them at any time; the applicable Terms are those in force at the date of booking.

2. Identification of the Provider

Business Name

Kimasu

Owner / Sole Proprietor (Kojin Jigyō)

Nicolas Edouard William WEBER

Address

Kyoto Building 402, 227 Daikokucho, Shichijodori Aburanokoji Higashi-iru, Shimogyo-ku, Kyoto 600-8223, Japan

Status

Japanese sole proprietorship — registered under Japanese tax regulations, not subject to commercial corporate registration.

Email

[email protected]

Website

kimasu.jp

3. Definitions

Service

Private guiding, custom travel itinerary planning, and accompaniment services provided by the Provider in Kyoto, the Kansai region, and beyond, conducted on foot, by bicycle, or by vehicle, according to the agreed programme.

Client

The individual purchasing the service (B2C) or the professional corporate entity purchasing the service (B2B, the "Agency").

Traveller(s)

The person(s) actually participating in and benefiting from the Service.

Quote

The priced proposal issued by the Provider.

4. Description of Services

The Provider offers private, customized tours as turnkey or bespoke services. Services include guiding, itinerary planning, and selected add-on options.

For cycling services, the electric pedal-assist bicycle (e-bike) option is enabled by default unless otherwise specified in the quote.

Unless explicitly stated otherwise, long-distance transport, accommodation, meals, site entrance fees, and Travellers' personal expenses are excluded from the price.

5. Booking and Formation of the Contract

B2C (Individuals): The contract is formed upon written confirmation of the booking by the Provider and full payment by the Client. Express acceptance of these Terms and the Liability Waiver via the mandatory checkboxes is required prior to payment.

B2B (Agencies): The contract is formed upon the Agency's written acceptance of the quote. These Terms apply by default to all B2B bookings, unless a specific corporate framework agreement or custom terms have been explicitly signed and agreed upon in writing between the Provider and the Agency.

Availability is only guaranteed after final written confirmation by the Provider.

6. Prices and Currency

Prices are set and charged in euros (EUR). Amounts displayed in other currencies on the website are strictly indicative conversions based on current market rates.

Prices are stated without VAT (the Provider is not currently subject to Japanese consumption tax for this bracket). The quoted tour price excludes payment-method fees. B2C card payments carry a 4% card payment fee, shown before the Client confirms payment. Bank transfer has no additional fee. Any subsequent change to the programme at the Client's request may result in a price adjustment.

7. Payment Terms

B2C: Full payment is due at the time of booking, in euros, either by card through Stripe or by bank transfer through Wise. A 4% card payment fee is added at card checkout. Kimasu adds no fee for bank transfers, although the Client's bank may charge its own transfer or currency-conversion fees. Card processing costs are non-refundable when the Client cancels under Article 9. If the Provider cancels or Force Majeure applies, the Client receives a full refund with no transaction fee deducted.

B2B: Payment terms (deposits, installments, and payment schedules) are specified individually in the quote or the signed framework agreement with the Agency.

Any default or failure to clear payments within the agreed timeframe will lead to the immediate suspension or cancellation of the Service.

8. Modifying a Booking

Any request to modify a booking (date, time, number of Travellers, itinerary) must be submitted in writing. The Provider will make every reasonable effort to accommodate modifications, subject to availability. Modifications may result in a price adjustment. If no mutual agreement can be reached regarding the modifications, the cancellation schedule in Article 9 shall strictly apply.

9. Cancellation by the Client

All cancellations must be notified in writing via email. Cancellation fees are calculated based on the date the written request is received relative to the scheduled date of the Service.

B2C (Individual Clients) — fees retained:

• More than 72 hours before the Service: Full refund.
• Between 72 and 48 hours before the Service: 50% of the total amount is retained (50% refunded).
• Less than 48 hours before the Service: 100% of the total amount is retained (no refund). A free date change remains possible up to 48 hours before the Service, subject to availability.

Cancellation terms — Partners:

• Free cancellation up to 14 days before the tour.
• 50% between 14 days and 48 hours.
• 100% within 48 hours.
• Free date change up to 48 hours, subject to availability.

These are our standard terms. They can be adjusted as part of a partnership agreement, based on volume and seasonality.

10. Cancellation or Modification by the Provider

The Provider reserves the right to cancel or significantly modify a Service for reasons of safety, extreme weather conditions (e.g., official typhoon warnings, torrential rain, extreme heat waves), force majeure, or sudden guide incapacitation.

In such events, the Provider will prioritize offering a postponement or an equivalent alternative service. If no alternative is accepted by the Client, a full refund of all sums paid for the specific cancelled Service will be issued, to the exclusion of any further legal compensation or damages.

11. Absence of Right of Withdrawal

In accordance with Japanese e-commerce regulations (Specified Commercial Transactions Act / Tokushuhō) and international standards for time-specific leisure services, bookings made for a specific date or period are final upon confirmation. The Client does not benefit from a right of withdrawal or a cooling-off period. Only the cancellation schedule outlined in Article 9 applies.

12. Obligations of the Client and Travellers

Travellers strictly undertake to:

• Arrive punctually at the designated meeting point. Anyone more than 15 minutes late without prior notice is deemed a default; the tour will begin, and no refund will be issued.
• Comply with all traffic laws, pedestrian regulations, and local customs in Japan.
• Strictly follow all safety instructions delivered by the guide.
• Maintain the physical fitness required for the chosen tour.

The Provider reserves the right to interrupt or terminate a Service immediately, without refund, in the event of dangerous, unlawful, intoxicated, or seriously disrespectful behaviour towards the guide, the public, or the environment.

13. Cycling Tour Safety and Equipment Rental

For tours involving bicycles or e-bikes, Travellers explicitly acknowledge and agree that:

• Bicycles and e-bikes are rented from a third-party professional rental provider. The Provider acts solely as an intermediary and facilitator for this rental and shall not be held liable for any inherent mechanical failure, maintenance defects, or manufacturing issues related to the vehicles.
• Travellers must independently inspect the vehicle before departure and accept it in "as-is" condition. Any damage caused to the equipment by reckless behaviour, negligence, or misuse shall be fully reimbursed by the Traveller.
• Wearing a safety helmet is strongly recommended throughout the duration of the ride.
• Travellers must possess the necessary physical fitness, balance, and skills to safely operate a bicycle in a busy urban environment, and must be at least 150 cm tall to operate an adult e-bike.
• The Provider reserves the right to immediately refuse or halt the participation of any Traveller who fails to demonstrate sufficient cycling proficiency, without any refund.

14. Insurance Disclaimer

The Provider maintains professional civil liability insurance covering bodily injury and material damage caused to third parties resulting strictly from its professional negligence, within the limits and conditions of its Japanese insurance policy. This insurance does not cover the personal medical expenses, personal property, or independent accidents of the Travellers. It is a strict and mandatory condition of booking that all participants hold valid, comprehensive personal travel and medical insurance explicitly covering cycling and outdoor activities in Japan, including emergency medical repatriation. Failure to maintain adequate insurance will result in the immediate cancellation of the tour without refund.

15. Limitation of Liability

The Provider is bound by an obligation of means (zenrei taishō) in performing its services. Except in cases of proven willful misconduct (koi) or gross negligence (jūkashitsu) by the Provider or its guides, the Provider shall not be held liable for any personal injury, illness, death, property damage, or financial loss sustained during the Service. To the maximum extent permitted by applicable law, the Provider's total liability is strictly limited to the amount paid for the specific Service concerned.

16. Force Majeure

Neither party shall be held liable for a failure resulting from an event of force majeure (including but not limited to natural disasters, earthquakes, typhoons, epidemics, government mandates, strikes, or major transit disruptions). The Provider will notify the Client as soon as practically possible to arrange a postponement or refund pursuant to Article 10.

17. Image Rights and Media

The Provider may take photographs and videos during the tours for marketing, promotional, and social media purposes. The Travellers' explicit consent is collected via a dedicated checkbox at booking or via a physical form on-site. Consent may be revoked at any time by sending an explicit request to [email protected], prompting the immediate removal of the media identifying the individual.

18. Data Protection

Personal data collected during the booking process is handled securely in accordance with the Provider's Privacy Policy and applicable international regulations (including the GDPR for EU residents). Clients may exercise their rights to access, rectify, or erase their data by contacting [email protected].

19. Governing Law

These Terms, the Waiver, and any legal dispute or claim arising out of or in connection with the services provided by Kimasu shall be exclusively governed by, interpreted, and construed in accordance with the laws of Japan.

20. Exclusive Jurisdiction

Any legal action, suit, or judicial proceeding arising out of or relating to these services shall be instituted exclusively in the Kyoto District Court (Kyoto Chihō Saibansho), Japan. Both parties hereby irrevocably and unconditionally submit to the exclusive jurisdiction of said court, waiving any right to pursue claims in foreign courts.

21. Language of Reference

These Terms are drawn up in English and French. In the event of any discrepancy, ambiguity, or conflict of interpretation between the versions, the English version shall exclusively prevail and make legal faith before the courts.