Terms of Service<Translation>
Established on 6,22,2017“NAVITIME Travel”(Web) (hereinafter referred to as the “Service(s)”) shall be provided to you in accordance with these terms and conditions (hereinafter referred to as the “Terms”) specified by Navitime. “Navitime” means NAVITIME JAPAN Co., Ltd., whose principal place of business is at Minami-Aoyama Tokyu Bldg., 3-8-38, Minami-Aoyama, Minato-ku, Tokyo 107-0062, Japan.
Revised on 9,20,2017
NAVITIME JAPAN Co., Ltd.
Revised on 9,20,2017
NAVITIME JAPAN Co., Ltd.
The Terms form a legally binding agreement between you and Navitime in relation to your use of the Services. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. The Terms shall be deemed to have been accepted by you if you start to use the Services. Moreover, with respect to these Terms, in the event there is any discrepancy between the Japanese version and the version translated into other languages, the Japanese version shall supersede.
You represent that you are of legal age and have the capacity to accept the Terms and enter into a binding agreement with Navitime.
Article 1 Outline of Service
- This Service is the service through which you may search and reserve travel products prescribed by this Company (hereinafter collectively referred to as the “Travel Products”) and plan a trip.
Article 2 ID and Passwords
- We may need to obtain your ID and password (hereafter, "ID etc."), as specified by us, when you use some functions in this service. You should manage your ID etc. appropriately under your own responsibility and not allow them to be used by, or engage in activities such as lending, transfer, change of ownership, or sale of them, to a third party.
Article 3 Prohibitions
- The user may not engage in any of the following in regards to this Service, and the software, documents, data, images, characters and logos therein:
- (1) Use of this Service to directly pursue monetary gain or any other type of commercial profit;
- (2) Deletion or alteration of product appearance, display of copyrights, any warning messages, or any restrictions based on property rights;
- (3) Duplication, distribution, communication to the public, alteration, translation, adaptation, or creation of secondary works;
- (4) Transfer, sales, conveyance or other method of disposition to a third party;
- (5) Use by a third party by sub-licensing, loan or any other method;
- (6) Conducting reverse engineering or any other analytical activity;
- (7) Impeding the management of this Service, or damaging the reputation of this Service or any action that may do so;
- (8) Inputting personal information of the user or a third party;
- (9) Illegal acts or acts that may violate the law;
- (10) Acts that violates, restricts, or impedes the rights of this Company or a third party or may possibly do so;
- (11) Any behavior, in addition to the aforementioned, that is deemed inappropriate by this Company.
Article 4 Cautions/Warnings for Use
1． General Provisions
- (1) You shall use this Service on his/her own responsibility and shall be responsible for the use of this Service and the result thereof.
- (2) This Service may not be available depending on the reception conditions of the information device used (hereinafter known as the 'Device'), some other functional restriction of the Device, or the user's settings on the Device.
- (3) The information in this Service regarding maps, routes, traffic regulations, road conditions, service status, time tables, facilities, stores, events, and weather etc. (hereinafter known as 'the Information of this Service') may differ from reality or may be imprecise in content. Additionally, the Information of this Service is subject to change without notification to the user.
- (4) The Information of this Service may not be available in some areas of the countries and regions where this Service is offered.
2． Trains, Planes and Public Transit Buses etc.
- (1) There may be a time lag between the renewal of the time table and the revision of the actual time table. Users using an express train or airplane should confirm the actual departure and arrival times.
- (2) Estimated times and reference values may be displayed or presented for some areas with streetcars and airport connecting buses.
- (3) The search results such as arrival time for a transfer guide may be calculated using estimated time and reference value.
3． Information about Facilities and Stores
- Some information regarding facilities or stores, may be modified in name, address, telephone number etc., or such facilities or stores may not exist. Some information regarding events, such as time, date and location may be changed.
- 1． General Provisions
Article 5 Costs Regarding the Use of this Service
- Use of this Service may result in separate connection fee in accordance to those stipulated by the telecommunications provider. The connection fee shall be borne by the user.
Article 6 Suspension of this Service
- This Company may suspend the provision of this Service, in part or in whole, without prior notice to the user, if any of the following circumstances occurs:
- (1) When conducting the periodic or emergency maintenance checks of the system required to offer this Service;
- (2) This Service cannot be provided for reasons of natural disaster, fire, power failures, riots etc.;
- (3) This Service cannot be offered due to impediments in the means of communication, such as electrical transmission lines and computers etc.;
- (4) This Service cannot be offered due to reasons not attributable to this Company, other than the aforementioned.
Article 7 Changing/Terminating Service
- 1. This Company may, at its own discretion, alter the content or terminate the provision of this Service without giving any prior notification to the user.
- 2. This Company bears absolutely no responsibility for any damages incurred by the user related to the preceding alteration of content or termination of Service.
Article 8 Intellectual Property Rights
- All intellectual property rights and any other rights related to this Service, belong to this Company or a third party who has granted a license to this Company for the use of such intellectual property rights.
Article 9 Handling Information Pertaining to Users
- 3. This Company shall handle, with absolutely no restrictions, the statistical documentation created based on the information in the preceding paragraph.
- 4. Should the user select the opt out setting in their Device using the method specified by this Company, this Company will not acquire information (excluding access logs) from the user's Device.
Article 10 Guarantees and Liability
- 1. This Company shall not be liable for any damages resulting from or in connection with the use or inability to use this Service by the user, unless otherwise specified in these Terms.
- 2. This Company does not warrant or guarantee that this Service is accurate, complete, safe, appropriate or valid to any specific purpose of the user. Additionally, this Company also gives no guarantee that this Service is free from infringement of intellectual property rights and defects and that this Service will operate without interruption.
- 3. This Company is not responsible or liable for any damage to the user caused by interruptions to this Service, in part or in whole, arising from or connected to the reasons provided in Article 6.
- 4. If the contract formed based on these Terms between the user and this Company corresponds with the consumer contract in Article 2.3 of the Consumer Contract Act (Act No. 61 of 2000), the stipulations entirely exempting this Company from responsibility, from among the stipulations of these Terms, shall not apply. Under these circumstances, if the damage to the user results from or is in connection with a default or unlawful act by this Company, with the exception of cases of intention or gross negligence by this Company, this Company will be responsible and liable for the direct and ordinary damage actually incurred by the user.
Article 11 Other Websites
- 1. This Service contains hyperlinks to outside websites. This Company does not have the authority to manage the websites operated by a company other than this Company or an individual.
- 2. This Company shall not be liable for damage incurred as a result of the use of outside websites or the reliability, availability, integrity or accuracy of the services, products or advertisements which may be used on such websites.
- Article 12 General Clauses
- 1． The user may not pass on to a third party their contractual position in the use of this Service, nor transfer the rights and obligations therein, in part or in whole, to a third party, nor provide or guarantee such as collateral without the prior written consent of this Company.
- 2． Should the user violate any of these Terms, this Company may immediately suspend or terminate the provision of this Service to the user without any notification.
- 3． This Company may revise these Terms without prior notification or consent of the user. Any such revisions shall become valid when this Company releases the revised Terms on the Service or on this Company's website related to this Service. Users should use this Service upon confirming these Terms, as needed, and accepting such content.
- 4． Even should any of the provisions, or any part therein, of these Terms be deemed to be invalid or impossible to execute according to the Consumer Contract Act or other law, this shall not affect the binding power of any other provisions of these Terms other than the said provision or part therein.
- 5． These terms shall be interpreted based on the laws of Japan.
- 6． Should the need arise for legal action related to this Service, the Tokyo District Court shall have exclusive primary jurisdiction.
You make a request for reservations of the Travel Products after agreeing to the NAVITIME Terms of Travel Products and if you make a request for reservations of the Travel Products, you shall be deemed to have agreed to the NAVITIME Terms of Travel Products. Moreover, with respect to these Terms, in the event there is any discrepancy between the Japanese version and the version translated into other languages, the Japanese version shall supersede.
You represent that you are of legal age and have the capacity to accept the Terms and enter into a binding agreement with Navitime.
Article 1 Request for Reservation
- 1． You may make a request for reservations of the Travel Products through this Service in accordance with the method prescribed by this Company. If this Company receives a request for reservation, this Company shall send a reservation acceptance e-mail containing the information concerning the reservation to the e-mail address you entered when making a request for reservation.
- 2． When making the request described in the preceding Paragraph, you shall enter true and accurate data and immediately notify this Company of any change thereto.
- 3． This Company and a third party displayed on this Service (the “Travel Agency”) may provide you with the information to be contained in the explanatory document on the terms of transaction set forth in Article 12-4, Paragraph 2 of the Travel Agency Act and document containing the terms of contract set forth in Article 12-5, Paragraph 1 of the same act by (1) posting them on this Service upon request for reservation of the Travel Products or (2) sending an e-mail to the e-mail address you entered pursuant to the provisions of Article 12-4, Paragraph 3 and Article 12-5, Paragraph 2 of the same act, instead of delivering such documents.
- 4． The provisions of the terms of travel agent and the written conditions of travel (hereinafter referred to as the “Terms of Travel Agent”) displayed on NAVITIME Travel(Web), in addition to the “Terms of Service” for this Service and the NAVITIME Terms of Travel Products shall apply to the reservations and conditions of the Travel Products.
Article 2 Contract
- 1． If you are a minor, you may not use this Service without the consent of your legal representative.
- 2． A contract pertaining to the Travel Products shall become effective at the time when this Company sends a reservation confirmation e-mail to the e-mail address you entered when making a request for reservation pursuant to Paragraph 1 of the preceding Article and such e-mail arrives at your mail server.
- 3． When you apply for a solicitation-type organized tour, this Company shall enter into a travel contract pertaining to the Travel Products with you on behalf of the Travel Agency and the travel contract pertaining to the Travel Products shall become effective between you and the Travel Agency.
- 4． When you request arrangement of accommodations or transportation facilities, a contract for arrangement of accommodations or transportation facilities shall become effective between you and this Company. A contract pertaining to the use of the accommodation services provided by accommodations and contract pertaining to the use of transportation services provided by transportation facilities shall become effective between you and each accommodation or each transportation facility, respectively.
- 5． When you use the accommodations or transportation facilities contained in the Travel Products or the services provided by the Travel Agency (hereinafter collectively referred to as the “Service Provider”), you shall use them after fully confirming the regulations, terms, guidelines and rules established by the Service Provider. You shall resolve any trouble or dispute arising between you and the Service Provider directly with the Service Provider at your expense, and this Company shall not be liable therefor.
Article 3 Cancellation and Change of Reservation
- 1． If you wish to cancel or change the reservation of the Travel Products confirmed pursuant to Paragraph 1 of Article 1, you shall notify the reception desk separately prescribed by this Company thereof by telephone or e-mail.
- 2． This Company shall notify you of the telephone number and e-mail address of the reception desk pertaining to the cancellation and change of reservation of the Travel Products by writing them in the reservation confirmation e-mail set forth in Paragraph 1 of Article 1 or by any other method.
- 3． Any cancellation or change of reservations shall become effective at the time when this Company sends a reservation cancellation or change confirmation e-mail to the e-mail address you entered when making a request for reservation pursuant to Paragraph 1 of Article 1 and such e-mail arrives at your mail server.
- 4． A change charge, cancellation charge, penalty, handling charge or other amount to be borne by you as a result of cancellation or change of reservation of the Travel Products (hereinafter referred to as the “Cancellation Charge”) shall be subject to the provisions of the Terms of Travel Agent and you shall be deemed to have agreed to pay the Cancellation Charge pursuant to the provisions of the Terms of Travel Agent when you make a request for cancellation or change of reservation of the Travel Products.
Article 4 Payment
- 1． The payment of fees for the Travel Products reserved using this Service shall be settled online with a credit card at the time of reservation.
- 2． The credit card which may be used for payment shall be your own credit card only.
- 3． You may not use other person’s credit card, input false credit card information or conduct any other act deemed inappropriate by this Company.
- 4． If a credit card company refuses your use of the credit card for the payment or the credit card you selected for the payment for whatever reason or this Company determines that the use of such credit card is inappropriate, this Company may cancel the reservation or take other measures deemed necessary by this Company without your consent and shall not be liable for any damage incurred by you as a result thereof.
Article 5 Guarantees and Liability
- 1． This Company shall not be liable for any damage resulting from or in connection with the use or inability to use of this Service unless otherwise specified in the “Terms of Service” for this Service and the NAVITIME Terms of Travel Products.
- 2． This Company does not warrant the accuracy, integrity or safety of this Service, fitness of this Service for your particular purpose or validity of this Service nor does it warrant that this Service does not infringe intellectual property rights, there is no defect in this Service or this Service operates without failure.
- 3． This Company does not warrant the accuracy or integrity of the information about the Service Provider or the Travel Products, safety and legality of the Service Provider or the Travel Products or fitness for your particular purpose or validity. Further, the Service Provider shall be responsible for providing you with the services pertaining to the Travel Products and this Company shall not be liable for the provision of the services pertaining to the Travel Products.
- 4． If the contract made under the NAVITIME Terms of Travel Products between you and this Company is a consumer contract set forth in Article 2.3 of the Consumer Contract Act (Act No. 61 of 2000), the provisions of the NAVITIME Terms of Travel Products which exempt this Company from its liabilities in full shall not apply. In such case, if damage suffered by you is due to a default or unlawful act by this Company, unless there is willful conduct or gross negligence on the part of this Company, this Company shall be liable to compensate for the direct and ordinary damage actually incurred by you and the amount of compensation based on such liability shall not exceed the amount equivalent to the fee for the Travel Products related to such damage.
Article 6 Prohibited Acts
- 1． You shall not conduct the following acts when using this Service.
- (1) Act of sending or posting information impersonating a third party
- (2) Act of sending or posting false information
- (3) Act of making reservations all of which are deemed impossible, such as making reservations for several different accommodations for the same day
- (4) Act of using this Service using a method other than that approved by this Company
- (5) Act of using this Service in a way that is deemed to be for a profit such as resale of reservations to a third party
- (6) Act of sending or posting harmful computer programs through this Service, act of sending spam e-mails, chain letters or junk e-mails to the address of the Service Provider, or any other act which prevents or is likely to prevent the operation of this Service or damages or is likely to damage the credit of this Service.
- (7) Act of assigning the contractual status, rights or obligations to use the Travel Products to a third party, providing them as collateral or otherwise disposing of them
- (8) Act of libeling or defaming the Service Provider or a third party
- (9) Act disturbing the public order
- (10) Nuisance to the Service Provider or a third party
- (11) Failure to pay fees for the Travel Products or Cancellation Charge
- (12) Act of not using the Travel Products reserved without prior notice
- (13) Act in breach of or which is likely to breach the “Terms of Service” for this Service, the NAVITIME Terms of Travel Products, Terms of Travel Agent or laws or ordinances
- (14) Other acts deemed inappropriate by this Company
- 2． If this Company, the Service Provider or a third party suffers damage due to any of your acts listed in Paragraph 1, you shall compensate this Company, the Service Provider or a third party for such damage.
Article 7 Suspension of Provision of Service
- 1． If you breach any of the NAVITIME Terms of Travel Products, this Company may immediately suspend the provision of this Service to you without any demand or refuse to accept your request for reservation.
- 2． If you breach any of the NAVITIME Terms of Travel Products, this Company may terminate a contract pertaining to the Travel Products. In such case, you shall not be exempted from the obligation to pay the Cancellation Charge.
- 3． In the event of the preceding two Paragraphs, this Company shall not be liable for any disadvantage caused to you and may make a claim against you for compensation for damage suffered by this Company due to your breach of the NAVITIME Terms of Travel Products.
Article 8 Amendment to Terms
- This Company may amend the NAVITIME Terms of Travel Products without prior notice to you or your consent. Unless otherwise provided for, such amendment shall become effective when this Company publicly announces the amended NAVITIME Terms of Travel Products through this Service or on this Company’s website and if you use this Service after the NAVITIME Terms of Travel Products are amended, you shall be deemed to have agreed to the NAVITIME Terms of Travel Products.