PRIVATE ITINERARY CONSULTATION AGREEMENT
— Terms and Conditions for Private Itinerary Consultation Services —
1. Business Information
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Legal Name: Mika Masuda
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DBA: Chef Mika’s Culinary Excursions (“CMCE”)
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Business Structure: California Sole Proprietorship
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Business Address: 263 Brown St, Napa, CA 94559 USA
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Telephone: 707-200-3589
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Website: mikaexcursion.com
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Email: info@mikaexcursion.com
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California Seller of Travel (CST) No.: 2173130-50
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City of Napa Business License No.: 11046492
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Surety Bond No.: 357540M
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Surety Bond Issuer: Westfield National Insurance Company
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Surety Bond Amount: US$10,000
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TCRC Control No.: 710485
California law requires certain sellers of travel to have a trust account or bond. This business has a bond issued by Westfield National Insurance Company in the amount of US$10,000 (Bond No. 357540M). Registration as a seller of travel does not constitute approval by the State of California.
2. Introduction
This Private Itinerary Consultation Agreement (“Agreement”) is entered into between Mika Masuda, doing business as Chef Mika's Culinary Excursions (“CMCE”), and the undersigned client (“Client”) considering a 10-night, 11-day private culinary journey in Japan.
The consultation is intended to provide Client with a more detailed understanding of the proposed journey, while allowing both Client and CMCE to determine whether proceeding with a Formal Participation Agreement is appropriate.
Execution of this Agreement and payment of the Consultation Fee do not, by themselves, constitute a formal reservation for the Journey. A formal reservation becomes effective only after Client and CMCE mutually agree to proceed, CMCE issues the Formal Participation Agreement, and the requirements set forth in Section 3.4 are completed.
In the event of any inconsistency or conflict between this Agreement and the Participation Guide with respect to the consultation services, the terms of this Agreement shall control.
3. Terms and Conditions
3.1 Scope of Consultation Services
CMCE will provide Client with a private, dedicated online itinerary consultation session via Zoom video conference.
During the consultation, Chef Mika will discuss the proposed journey in greater detail, including anticipated culinary destinations and experiences, accommodation options, transportation arrangements, seasonal considerations, dining priorities, and other relevant aspects of the journey.
The consultation may also include discussion of Client’s preferences, expectations, travel style, and other information reasonably relevant to determining whether the proposed journey is suitable for Client.
The consultation is preliminary in nature. Specific accommodations, restaurants, transportation arrangements, activities, and other itinerary components remain subject to availability and may change before or after execution of the Formal Participation Agreement.
3.2 Consultation Fee and Credit Toward Program Fee
A consultation fee of US$500 per private party, for up to two (2) people (“Consultation Fee”), is required upon execution of this Agreement.
The Consultation Fee is compensation for CMCE’s time, expertise, preparation, and personalized consultation services.
If Client and CMCE mutually agree to proceed with a Formal Participation Agreement in accordance with Section 3.4, the full US$500 Consultation Fee will be credited toward the Program Fee of US$10,000, leaving a Remaining Program Fee balance of US$9,500.
The Consultation Fee is non-refundable once paid, except that if CMCE is unable to conduct the Private Itinerary Consultation for reasons attributable to CMCE, and the Client and CMCE are unable to agree on an alternative consultation date, CMCE will refund the US$500 Consultation Fee in full.
If, following the consultation, CMCE determines that it will not offer Client a Formal Participation Agreement, the Consultation Fee will remain non-refundable because it is charged for the consultation services provided under this Agreement and is not a deposit toward the Program Fee unless and until Client and CMCE mutually agree to proceed with a Formal Participation Agreement.
3.3 Scheduling, Rescheduling, and Failure to Attend
Following receipt of the executed Agreement and Consultation Fee, CMCE will contact Client within forty-eight (48) hours to propose a date and time for the private consultation.
The consultation will be scheduled for a mutually agreeable date and time and will generally be conducted within ten (10) calendar days after CMCE’s receipt of the executed Agreement and Consultation Fee.
Client agrees to respond reasonably promptly to CMCE’s proposed consultation date and time so that the consultation may be scheduled within this period. If the consultation cannot be conducted within the ten (10)-calendar-day period due to Client’s availability, delayed response, or a rescheduling request by Client, the consultation may be conducted at a later mutually agreed date without constituting a breach of this Agreement by CMCE.
Client may request to reschedule the consultation by providing reasonable advance written notice. Any rescheduling request will be subject to CMCE’s availability and approval. If Client fails to attend a scheduled consultation without prior written notice, CMCE may, at its discretion, require payment of an additional consultation fee before providing a rescheduled consultation.
3.4 Selected Travel Period, Temporary Hold, and Formal Participation Agreement
As part of this Agreement, Client must select one available preferred travel period from the periods listed in Section 4.
Upon CMCE’s receipt of the executed Agreement and Consultation Fee, CMCE will temporarily hold the selected travel period until completion of the consultation, provided that the consultation is not delayed by Client’s failure to respond, unavailability, or rescheduling request. Following the consultation, if both Client and CMCE elect to proceed and CMCE issues a Formal Participation Agreement, the temporary hold will remain in effect for seven (7) calendar days after the date on which CMCE sends the Formal Participation Agreement, during which Client must execute the Formal Participation Agreement and pay the Remaining Program Fee. If the consultation is delayed for reasons attributable to Client, CMCE may release the temporary hold upon written notice to Client.
The temporary hold does not constitute a confirmed reservation.
Following the consultation, neither Client nor CMCE is obligated to proceed with the journey.
CMCE may determine, based on the consultation and information provided by Client, whether the proposed journey is an appropriate fit and whether to offer Client a Formal Participation Agreement.
If both Client and CMCE elect to proceed, CMCE will send Client a Formal Participation Agreement. Client must complete all of the following within seven (7) calendar days after the date on which CMCE sends the Formal Participation Agreement:
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Execute the Formal Participation Agreement; and
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Pay the Remaining Program Fee of US$9,500
The formal reservation becomes effective only when CMCE has received both the executed Formal Participation Agreement and the full Remaining Program Fee of US$9,500 within seven (7) calendar days after the date on which CMCE sends the Formal Participation Agreement.
If these requirements are not completed within the seven (7) calendar days after the date on which CMCE sends the Formal Participation Agreement, the temporary hold will automatically expire without further notice, and CMCE may make the travel period available to another prospective client.
3.5 Selection and Changes of Travel Period
Client may select only one (1) travel period per Agreement.
The travel period selected in Section 4 is the specific period for which Client is requesting consultation and a temporary hold.
After submission of this Agreement, Client may not transfer this Agreement or temporary hold to another travel period at Client’s request.
Any exception or change approved or initiated by CMCE due to exceptional circumstances will be addressed separately in writing and will not create any general right to transfer or change travel periods.
3.6 Availability and Itinerary Changes
Selection of a travel period and payment of the Consultation Fee do not guarantee the availability of any particular hotel, restaurant, transportation provider, activity, or other individual itinerary component.
The nature of the journey involves restaurants, accommodations, transportation providers, seasonal conditions, and other third-party services whose availability may change.
Accordingly, itinerary details discussed during the consultation are preliminary and may be modified as necessary. Final terms concerning itinerary changes after execution of the Formal Participation Agreement will be governed by that agreement.
3.7 Confidentiality and Use of Consultation Materials
Customized itinerary materials, curated recommendations, written documentation, and other materials prepared and provided by CMCE in connection with the consultation are intended solely for Client’s personal evaluation of the proposed CMCE journey.
Such materials may not be reproduced, published, distributed, sold, or used for commercial purposes without CMCE’s prior written consent.
Nothing in this provision is intended to restrict Client from making ordinary personal travel decisions based on general information discussed during the consultation.
3.8 Accuracy of Information Provided by Client
Client agrees to provide complete and accurate information reasonably requested by CMCE in connection with the consultation.
Client understands that information concerning dietary restrictions, allergies, mobility considerations, travel preferences, and other matters relevant to participation may affect CMCE’s determination of whether the journey is suitable for Client.
Any requirements concerning eligibility, health- and safety-related considerations, dietary restrictions, allergies, mobility, conduct, or other conditions of participation in the journey itself will be governed by the Formal Participation Agreement.
3.9 No Guarantee of Formal Acceptance
Client’s participation in the consultation does not guarantee acceptance into the 10-night, 11-day private journey. Because CMCE provides a highly personalized journey for only one private party per travel period, CMCE reserves the right, following the consultation, to determine whether it is able and willing to offer Client a Formal Participation Agreement. Client remains free to decide whether to accept such an offer.
3.10 Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict-of-law principles.
To the extent permitted by applicable law, any legal action arising out of or relating to this Agreement shall be brought in a state or federal court located in Napa County, California, having jurisdiction over the matter, and the parties consent to personal jurisdiction and venue therein.
3.11 Entire Agreement Regarding Consultation Services
This Agreement constitutes the entire agreement between Client and CMCE concerning the private itinerary consultation services described herein and supersedes any prior oral or written discussions or representations concerning those consultation services.
This Agreement does not govern participation in the 10-night, 11-day journey itself. If Client and CMCE proceed with a Formal Participation Agreement, the separate Formal Participation Agreement will govern the journey, including payment terms, cancellations, refunds, itinerary changes, responsibilities, limitations, and other terms applicable to participation.
4. Preferred Travel Period Selection
Please select one (1) preferred travel period for your 10-night, 11-day private journey.
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