Section for Reservations for Lodgings, Restaurants and Hired Car Plans
[Article 1: Scope of Application]
- This is a tourism product reservation system provided and managed online by JTB West Co., Ltd. (hereinafter, the Company).
- This agreement defines the terms under which users of the online tourism product reservation system (hereinafter, Kyoto Travel Plans) provided by the Company make online reservations for product plans using Kyoto Travel Plans. Matters not covered herein shall be as established by law or general customs.
- If the Company has a pre-existing agreement with a user, that pre-existing agreement shall have precedence over this one provided this does not violate the law.
[Article 2: Definition of Terms]
- A "reservation" as indicated in this Agreement shall refer to the intermediation of agreement between a user and a facility by the Company such that a member may receive the provisioning of services related to plans for lodging, meals, hiring, or the like from the facility.
- The "Cost" as indicated in this Agreement shall refer to the amount to be paid by the user to the facility for services received.
[Article 3: Status of Agreements]
An agreement relating to services provided by Kyoto Travel Plans constitutes an agreement between the user and the facility based on covenants and stipulations of the facility. The Company is performing only the intermediation of said agreement and is not concluding a travel agreement or the like.
[Article 4: Completion of Duties]
- Fulfillment of the Company's duties shall be complete when it makes notification of the desire for a reservation, request, or the like to a facility and notifies the user of the response therefrom through the care of the Company's good managers. The Company shall therefore bear no responsibility should the facility not complete the reservation due to a reason such as no vacancy, vacation, or unsuitable terms.
- The Company shall bear no responsibility should the reserved service not be provided or should a service other than that reserved be provided due to the convenience or negligence of the facility or some other matter unrelated to the Company. Remedies in such instances shall be based on the covenant or stipulations with said facility.
[Article 5: Reservations]
Users intending to make a reservation must input the required items on the Company's prescribed application screen on the Internet and transmit same to the Company through the Internet using the method prescribed by the Company.
[Article 6: Requests]
- A "request" shall refer to a function whereby a facility having no available rooms or seating is notified that there is a user desiring to use the facility.
- A request can be made for a plan set by a facility beforehand as "accepting requests". To make a request, the required items must be inputted on the Company's prescribed application screen on the Internet and transmitted to the Company through the Internet using the method prescribed by the Company.
- A "request" shall not guarantee any contract with the facility. Therefore, neither the Company nor the facility shall bear responsibility should the desired request not be accommodated.
[Article 7: Confirmation of Reservations and Requests]
Immediately upon receipt of an application for a reservation or request, the Company shall present the user online with a "reservation completed" or "request completed" screen, providing information relating to the services in question.
[Article 8: Agreement Timing]
An agreement shall be formed when the user makes a reservation application according to Article 4 based on the covenants and stipulations of a facility and a "reference number" as the response to the reservation confirmation reaches the user. However, should the reservation number not be displayed on the screen of the user's computer despite being issued, regardless of reason including telecommunication or computer failure, the agreement shall nevertheless be formed if the user is able confirm the reservation details using the reservation review/change/cancellation function of Kyoto Travel Plans. In addition, if the user has begun a procedure from a request application, the agreement shall be formed when the "request acceptance" email transmitted by the user in response to the request response transmitted from a facility (a positive response) arrives at the Company.
[Article 9: Canceling and Changing Reservations]
- In the event that a cancellation or a change to conditions of use, including the time or numbers of persons, should occur, the user shall promptly contact either the Company or the facility with that fact. Should the user be obligated to pay the facility a cancellation fee, the user shall do so, paying the amount prescribed the facility in the method prescribed and by the date prescribed.
- The user shall be required to carry out the procedures provided below when making a cancellation or change to a reservation. When doing so, a cancellation shall be effective as of the time prescribed below.
- (1)When Making a Cancellation Online (allowed up to two days prior to the date when a cancellation fee is incurred)
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Input the required matters on the cancellation page prescribed by the Company online and make notification through the Internet using the method prescribed by the Company.
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Reservation changes cannot be made online. First cancel an existing reservation, and then make a new application for the desired plan. During that process, it may not be possible to reserve even the same plan based on room and/or seating availability. In that case, we recommend that the user directly contact the facility to effect the changes.
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A cancellations or change shall be effective once the relevant notification is received by the Company.
- (2)When Making a Cancellation or Change Directly to the Facility in Email
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Send a notification by email using the procedure stipulated by the facility.
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Unless otherwise set forth in a facility covenant or stipulation, the cancellation or change shall be effective when the relevant notification arrives at the facility.
- The Company and the facility shall consider instances where the member fails to appear on the appointed day and time and fails to use the facility without any advance communication as an unauthorized cancellation, and shall be entitled to take the necessary measures (including those prescribed by law) including the suspension of services for the user. In such cases, the user shall still be required to pay any cancellation fee, breach of contract fee, or the like as stipulated by the facility in the method prescribed and by the date prescribed.
[Article 10: Canceling and Changing Requests]
- The user may cancel or change a request at any time prior to the Company transmitting a reservation agreement email.
- Should the member fail to transmit a reservation agreement email by the deadline communicated thereto in advance in response to a request response (a positive response) transmitted from a facility, the reservation shall be automatically cancelled.
[Article 11: Dissolution Due to a Reason Attributed to the Fault of the Member]
- An agreement may be dissolved if the user does not follow the procedure specifically stipulated by the facility (including communicating a credit card number in advance) when making the reservation by the requested date.
- In the event an agreement is dissolved according to the stipulations of the previous paragraph, the user shall pay any cancellation fee, breach of contract fee, or the like as specified by the facility's covenant and stipulations.
[Article 12: Payment of Cost]
The user must pay the Cost to the facility by the date stipulated by the facility in the manner stipulated by the facility.
[Article 13: Responsibilities of the Company]
- Should the Company inflict damage on a user either intentionally or through neglect when fulfilling a reservation, the Company shall be responsible for compensating the user in an amount not exceeding the Cost. This shall be limited, however, to cases where notification is made to the Company within one month as calculated from the date following the day on which the damages occurred (excepting cases of intentional acts or gross negligence).
- With the exception of the cases in the previous paragraph, the Company shall bear no responsibility whatsoever for damages occurring between the user and a facility.
- The Company posts information from facilities as received therefrom. The posted information may therefore be changed according to circumstances. The Company shall bear no responsibility for the veracity of said content.
[Article 14: Responsibilities of the User]
Should the Company suffer damages due to the intent or neglect of the user, the user must compensate the Company for the damages.
[Article 15: Terminating User Registration and Cancelling Reservations]
In the event that the Company finds that the user has carried out a malicious act (including a no-show without notice) or in the event that the user has failed to pay the Cost, a cancellation fee, a breach of contract fee, or the like without a valid reason, the Company shall cancel any existing reservations, including those for future dates. In such cases, the user shall be responsible for any resulting cancellation or breach of contract fee.
[Article 16: Jurisdiction]
In the event that a dispute should arise between the user and the Company relating to these services, the Company and the user shall work to resolve it in good faith. Should discussion fail to resolve the issue, the court of jurisdiction shall be the Osaka Regional Court or the Osaka Summary Court.
[Article 17: Changes to this Agreement]
The Company retains the right to make changes to the Present Agreement without prior notification. Review it each time you use the site. Only the changed agreement shall be in force subsequent to any changes made.
[Article 18: Effective Date of This Agreement]
This Agreement shall be effective from XXth May, 2007.
