Artikel 1 Anwendung der Bedingungen
- 1. The Terms are intended to constitute a statement of the rights and obligations between the Company and the User in the context of the use of the Website and shall apply to all transactions between the User and the Company in conjunction with the use of the Website.
- 2. The rules governing the use of the Website that the Company publishes on the Website, including, but not limited to, skyticket Usage / Cancellation / FAQ, shall form part of these Terms and Conditions.
- 3. In any case where the contents of these Terms differ from the rules set forth in preceding clauses or other explanatory materials regarding the use of the Website outside of these Terms, the provisions of these Terms shall take precedence. Notwithstanding the aforementioned, in the event that the provisions of the Travel Industry Stipulations and the Travel Terms Agreement apply to the contents and conditions of the Reservation Services, the Travel Industry Stipulations and the Travel Terms Agreement shall prevail and take precedence over the provisions of these Terms.
- 4. The Company shall deem that the User's use of the Website constitutes the User's acceptance of these Terms.
Artikel 2 Definitionen
Terminologies used in these Agreement shall have the meanings defined hereunder.
- 1. "Reservation Service" (collectively "Reservation Services") refers to the accommodation reservation services, domestic air ticket reservation services, international air ticket reservation services, bus tour reservation services, planned travel reservation services, car rental reservation services, other transportation reservation services, restaurant reservation services and insurance subscription services provided on the Website. "Information Service" refers to a service that provides tourism and leisure information, advertisements, information posted by users and other information related to the Reservation Services. The Reservation Service, the Information Service and the skyticket Premium Service (a subscription service that enables users to be entitled to various benefits by payment of a monthly fee) provided on the Website are collectively referred to as the "Services".
- 2. "Intellectual Property Rights" refers to copyrights, patent rights, utility model registration rights, design rights, trademark rights and other intellectual property rights (including the right to acquire or apply for registration of such rights).
- 3. "Posted Data" refers to any content (including, but not limited to, text, images, video and other data) posted or otherwise transmitted by a User using the Website.
Artikel 3 Nutzung
- 1. In order to utilize the services on the Website, Users shall, upon fully confirming the contents of the Terms of this Agreement and the rules and regulations for the use of the Website, enter the necessary information on the Member Registration Page of the Website in accordance with the method specified separately by the Company, accept the issuance of an Identification (ID) and Password and use the Services in compliance with the Terms of this Agreement.
- 2. Where there is a change in all or part of the information registered for the use of the Website, Users shall immediately make the necessary amendments to the registered information in a manner specified by the Company. The Company shall not be liable for any damages, losses, costs or disadvantages incurred by Users arising from or in connection with the fact that the contents of the registration are contrary to the facts, nor shall the Company be liable to indemnify, compensate or make up for such damages, losses, costs or disadvantages.
- 3. Users shall be responsible for the use and management of their own IDs and Passwords issued for use of the Website, shall not allow any third party to use them and shall not transfer or otherwise dispose of them in any way inappropriately. Any use of the Website with a specific ID and Password shall be deemed to be used by the person to whom such ID and Password have been issued to.
- 4. When using this Reservation Service, Users shall fully confirm the terms, conditions, guidelines, rules, cancellation policies and all other relevant information set forth by the accommodation facility, transportation agency, car rental agency, travel agency, tourist facility, food and beverage facility, or any other entity that provides such services (collectively referred to as "Service Providers"). Any accommodation contracts, passenger transport contracts, rental contracts, food and beverage contracts or other contracts entered into by the User using this Reservation Service shall be concluded between the User and the Service Provider.
- 5. The Website is intended for the use of the general public. Users are not authorized and are not permitted to use this site to plan and/or make arrangements on behalf of other users.
Artikel 4 Inhalt und Bedingungen des Reservierungsdienstes
- 1. The contents and provisions of this Reservation Service shall be governed by the Terms of this Agreement, the Travel Industry Stipulations and the Travel Terms Agreement published or presented separately by the Company to the User and the provisions of the Website Reservation Screen.
- 2. In lieu of the deliverance of a document outlining the terms and conditions as stipulated in Article 12-4 of the Travel Agency Act and a document stating the contents of the contract as stipulated in Article 12-5(1) of the same Act, the Company shall, in accordance with Article 12-4(3) of the same Act and Article 12-5(2) of the same Act, be able to provide Users with information to be included in these documents by any of the following methods whereby Users shall agree to such provision in principle.
- ⑴ By publishing a notification on a designated section of the Website at the time a User makes a reservation
- ⑵ By sending the information via e-mail to the e-mail address registered by the User
Artikel 5 Art der Gebührenzahlung
Users shall, in consideration of the use of the Service, pay the Company a handling fee and a service usage fee separately determined by the Company and displayed on the Website, via the payment method specified by the Company. Notwithstanding the aforesaid payment methods, the User shall register a valid credit card in his/her name when requested by the Company for the use of the Reservation Service and consents to pay any additional fees incurred for the use of the Reservation Service by the said registered credit card.
Artikel 6 Stornierung dieses Reservierungsdienstes
- 1. In any event where a User cancels the use of this Reservation Service after the booking has been confirmed and completed, the User shall be liable to pay the cancellation fees (which may be equivalent to the usage fee depending on the nature of the service and the time of cancellation) determined by the Service Provider and the cancellation fee(s) determined separately by the Company for each Reservation Service (hereinafter collectively referred to as the "Cancellation Fee").
- 2. The Company shall refund the remaining amount after deducting the above-mentioned cancellation fee and other chargeable fees (where applicable) from the Reservation Service usage fee paid by the User. Notwithstanding the aforesaid, all handling fees paid to the Company and credit card administrative fees incurred at the time of reservation for use of the Reservation Service shall remain non-refundable regardless of the reason for cancellation. In some instances, no refunds may be issued depending on the cancellation fees imposed by the Service Provider.
- 3. When the User makes a payment by credit card for Reservation Services, the refund stipulated in the preceding paragraph shall, in principle, be made through the credit card company and the time of refund shall be the time specified by the credit card company.
- 4. The Company reserves the right not to issue a refund to a User if the User does not comply with the refund procedures specified by the Company (including, but not limited to, the provision of information such as a refundable credit card or a bank account to which a refund can be made to) and the Company may not grant a refund after five (5) calendar years have lapsed from the date of cancellation due to the statute of limitations.
- 5. The User acknowledges and agrees that should the Cancellation Fee set out in Clause 1 of this Article surpass the Reservation Service Usage Fee paid by the User, the User shall pay the difference by credit card registered under the proviso of Clause 5.
Artikel 7 Rechte an geistigem Eigentum
- 1. All Intellectual Property Rights relating to the Website and Services are the property of the Company or its Licensees and permission to use the Services under these Terms does not constitute or construe a license permission to use the Intellectual Property Rights of the Company or its Licensees relating to the Website or Services.
- 2. Users represent and warrant to the Company that they have the legitimate legal right to post or transmit the Posted Data (including, but not limited to, text, images, video and other such data) and that the Posted Data does not infringe and/or violate the privacy and rights of any third party.
- 3. Users acknowledge that the Company is entirely at liberty to use the Posted Data (including, but not limited to, the reproduction, reprinting, quotation, publication and distribution of text and images and videos on the Website) and grant the Company a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, create derivative works from, publicly display and perform the Posted Data for the perpetuity of the copyright.
- 4. Users shall expressly agree not to exercise any moral rights of authorship pertaining to the Posted Data against the Company and/or any person who has succeeded or been granted rights by the Company.
- 5. Users shall not reproduce, divert, edit, duplicate or in any other way use the Posted Data of other users, unless otherwise specifically provided for.
Artikel 8 Verbote usw.
- 1. Users must not engage in any of the following conducts or acts that the Company deems to fall under any of the following items when using the Service. In any circumstance where the Company identifies such a conduct or an act, the Company reserves the right to immediately delete the reservation record or Posted Data of the User concerned and the Company shall not be held responsible or liable in any way for any damages incurred by the User concerned as a result thereof.
- i. Violation of laws and regulations or the Terms stipulated in this Agreement, or activities that are associated with the commission of a crime
- ii. Frauds or threats directed at the Company, other users of the Website and/or any other third party
- iii. Offensive behavior to public order and morality
- iv. Infringement of the Intellectual Property Rights, publicity rights, privacy rights, honor, or other rights or interests of the Company, other users of the Website and/or any other third party
- v. Transmission via the Website of any information, including computer viruses or other harmful computer programs and materials, or any information that the Company deems to correspond and fall under this category, to the Company or any other users of the Website
- vi. Any action that imposes and excessively overloads the network or systems of the Website
- vii. Any action that may obstruct and interfere with the operation of the Website
- viii. Unauthorized access to the network or systems of the Company, or any attempts to gain unauthorized access
- ix. Impersonation of a third party
- x. Usage of IDs or Passwords of other users of the Website
- xi. Collection of information and data of other users of the Website
- xii. Any acts that may cause any disadvantage, detriment, damage or discomfort to the Company, other users of the Website and/or any other third party
- xiii. Violation of the rules governing the use of the Service published on the Website
- xiv. Provision of benefits to anti-social forces and/or other organizations of the same nature
- xv. Any action which directly or indirectly causes or facilitates any act specified in the preceding provisions
- xvi. Any other activities that the Company deems to be inappropriate and prohibited
- 2. Users shall indemnify the Company or any third party for all such damages or losses (including legal fees and expenses) incurred by the Company or any third party arising from any breach of the Terms in this Agreement, including the preceding clause.
Artikel 9 Haftungsausschluss
- 1. The information provided on the Website and the Service is provided and published at the individual risk of the Service Provider or the Information Contributor, and the Company shall not in any way warrant the authenticity, accuracy, authenticity, integrity, completeness, usefulness, or otherwise of such information, and shall not be liable in any way for the same.
- 2. The Company reserves the right to make changes and modifications to the information on the Website and the Service at any time without prior notice. The Company may also suspend or discontinue the operation of all or part of the Website or the Service. The Company shall not be liable to any User for any loss or damage arising out of or in any manner whatsoever from any such change in information or suspension or discontinuation of the Service for any reason whatsoever.
- 3. The Company does not warrant that the operation of the Website will be uninterrupted, fault-free or error-free and shall not be liable for any interruption, delay, suspension, loss of data, unauthorized access to data and/or any other failure or interruption of the system due to communication network failure, technical failure or computer failure.
Artikel 10 Änderung der Bedingungen
- 1. The Company reserves the right to amend, modify or revise these Terms from time to time without prior notice.
- 2. In the eventuality that the Company amends the Terms, the amended Terms will govern the use of the Website and the Service. The amended terms shall be effective from the time they are posted and published on the Website, provided that the Company does not stipulate otherwise.
- 3. The Company shall not be liable for any detriment or damage suffered by Users arising out of or in any manner associated with any changes to the Terms.
Artikel 11 Umgang mit Benutzerinformationen
- 2. The Company reserves the right, at the Company's discretion, use and publish the information, data and other materials provided by Users to the Company as statistical information in a form that does not individually identify the User, and Users shall not dispute any objections to such use or publication.
Artikel 12 Mitteilungen/Mitteilungen
- 1. Enquiries about the Service and other communications or notifications from Users to the Company shall be made by sending an Enquiry Form available on the Website or by any other methods determined by the Company.
- 2. Any notice of amendments to the Service or the Terms, or any other communication or notice from the Company to Users shall be published in an appropriate manner on the Website or in such other manner as the Company may determine.
Artikel 13 Zuweisung usw. des Status im Rahmen des Servicenutzungsvertrags
- 1. Users may not assign, grant, transfer, encumber or otherwise dispose of any rights or obligations under these Terms to any third party whatsoever without the prior written consent of the Company.
Artikel 14 Trennungsklausel
- 1. Notwithstanding that any part of the provisions in this Agreement shall be held invalid, void or unenforceable under any laws or legislation, the remaining parts of the Agreement shall prevail without invalidating the remaining provisions hereof.
- 2. If any part or all of the provisions in this Agreement shall be held invalid or revoked in relation to a particular User, this Agreement shall prevail and remain valid and binding in relation to all other Users.
Artikel 15: Anwendbares Recht und Gerichtsstand
- 1. This Agreement shall be governed by and construed in accordance with the laws of Japan.
- 2. Any disputes arising out of or in connection with these Terms or the Service shall be governed by the exclusive jurisdiction of the Tokyo District Court as the Court of First Instance.
Effective from April 30, 2021