Terms of Service
Last updated April 1, 2016
Article 1 (about this service)
- This service allows the customer (the following will include the companions) to search tourist attractions (noted “accommodation” in the following) such as accommodations, restaurants, activities, and hotels which fits the itinerary of the customer, as well as transportation, temple, art museum, museum information by looking through the websites in creating their travel schedule and arrangements (noted as “search service” in the following)
- Based on Article 5, customers who are registered or a corporative customer (noted "registered user" as follows) may use charged services such as the labor contract service of restaurants and activities, and the tools to conclude reservations, and the service that provides the platform, and the services in conjunction with this (noted "restaurant reservation agency service" as follows) and may use other services registered customers of this service are provided with for free.
- Through the search service, if the customers wishes to reserve the accommodation, they are to take direct contact with the company offering the service (noted as “accommodation provider” in the following) and to make contracts with the accommodation provider without involving the company.
- The reservation agency service has the registered users make contract with the restaurants directly, and therefore the company will not be the party concerned.
- The company will not charge any reservation fees nor mediation fees for the search service use.
Article 2 (application)
- This agreement is intended to establish conditions this service is provided under, and in establishing the rights and obligation relationship between the company and our customers in using this service, and this agreement is applied to all relations concerned of the customer, this service, and the company.
- If there are agreements and guidelines that differ from this agreement, unless prioritizing the article is written in this agreement, this agreement is to be prioritized.
Article 3 (purpose)
This service is provided for personal objective use of the customer and not for commercial purposes. Usage of this service for business activity purposes or for other profits are prohibited unless the company is consented beforehand.
Article 4 (usage facilities)
In order to use this service, accessible network facilities are a necessity. Software and web facilities are to be prepared and the expenses are to be held by the customer and the company will not take responsibility of any expenses or preparation methods. For applications necessary in using this service, the distribution origin software is applied for.
Article 5 (registration)
- The person who wishes to use the restaurant reservation agency service (noted “registration sender” in the following) may register by providing the company with the information through the method the company establishes (noted “entry item” in the following)
- The company will follow the company’s criteria in judging whether the registrant who has sent the registration information based on clause 1 (noted “registration applicant” in the following) may be registered or not, and if the company accepts the registration, the applicant will be noticed. The registration is to be finalized as a registered user once the company notifies the customer of it.
- After officially registering, the registered user may use services toward registered users, such as the restaurant reservation agency service, following this agreement.
- The company may refuse registration or re-registration if the registration applicant fits any of the following items and the company will not bear any duties in disclosure of the reasons.
- When there is falsehood, error, omission in part or all of the information entered
- If it is either a minor, an adulthood ward, a cover conservator or cover assistance person, and does not have consent of a legal representative, a guardian, a conservator or the assistance person.
- When the company judges that the registrar is an antisocial power (such as gang, gangster, right-wing organization, antisocial power, and others) or there is interchange or participation to an antisocial power, administration or management
- When the company judges that the registration applicant has violated contracts of the company in the past or is related to this sort
- If measures of Article 15 has been obtained
- Others where the company judges registration to be unsuited for
Article 6 (registration item changes)
If registration items need changes, the registered customer is to notify the company without delay through determined methods.
Article 7 (password and user ID management)
- The registered user is responsible in managing their user ID and password appropriately and not to allow a third party to use, loan, transfer, name change, buy or sell the account.
- The company will not take responsibility when the management of the user ID and password is insufficient causing a third party to cause damage through usage, and the registered user is to take the responsibility.
Article 8 (email notification)
MagicalTrip shall send the Customer any notification emails related to the service (such as signup, booking information, and booking status emails) and commercial emails once it has accepted and confirmed the Customer’s registration.
Article 9 (rate and payment method)
- The registered user is to pay the fee displayed on our website through the payment method the company addresses. The rules on settlement may be shown at the time of application. As a fee to use the restaurant reservation agency service.
- In the event that incorrect price is displayed on our website and confirmed by the company, the company will correct the incorrect pricing, and notify the customer via email of correct pricing and of cancellation processing of the order at the discretion of the company.
Article 10 (right reversion)
- The content, information, itinerary, trademark, image, animation, advertisement, design, (noted “contents” in the following) related to intellectual property rights and other property rights included in this service is reverted to the copyright holder
- Software used in relation to this service is protected by the laws and ordinances of intellectual property rights
- The customer may not edit, modify, publicize, reproduce, transmit publicly, distribute, sell, offer, translate, or use the contents of this service unless the company or the copyright or other property right holders are consented by the third party about the usage.
- The company will not take responsibility of the damage caused to the customer when acted upon the foregoing item and if the customer profits through these actions, the company holds the right to demand payment equivalent to the profit.
Article 11 (copyrights on posts of contents)
When posting contents (including text, photos, movies, etc.) in this service, the customer is to follow this agreement
The customer agrees that once contents are posted on this service by the customer, public transmission, distribution, translation, copyright rights are passed on to the company
The customer guarantees the company that the contents the customer posts are all under the rights of the customer through the copyright act such as infringe rights in all directions of reproduction, public transmission, distribution, translation, and adaptation. Please post carefully in following the rights of copyrights. Even in cases of using something of a third party, please make sure to follow the process necessary so that the foregoing actions do not occur.
A third party who has received licensing from the company or the company may use contents the customer posts. In this case, there may be partial modifications to the contents such as summarizing, extracting, resizing and clipping. Also there may be cases where the customer’s nickname may be used to post the customer’s word of mouth or photography.
The company or the third party will not compensate for the damage done to the customer or a third party through using the contents the customer posted.
Article 12 (disclaimers)
This service is to be used under the consent of the following items with the judgement and responsibility of the customer
- The company will not take any responsibility of the item following on information and search results displayed of accommodations
- Damages caused by the availability and unavailability of all information (including information, images and links of accommodations but not only these. The same goes for this agreement) sources this service provides
- Excluding the liability of the company, the damage cause through false information contained in this service
- Damage done through a broken link on the provided information, changes of information caused by time, and other damages caused by this service being under these circumstances
- The indication of the search results of this service does not express a true expression, a tie-up with accommodations, or accommodation in any way. The company does not guarantee the accuracy, updates, integrity, superiority, and matches of the information displayed on the search results or websites of the accommodation provider under any circumstances. The company will not take responsibility of the damage and disadvantage caused to the customer or third party.
- Confirming the contents displayed by the accommodation provider’s website is to be done by the customer making direct contact with the accommodation provider. And since the customer is to directly make contracts with the accommodation provider, the customer is to read and understand the provider’s agreement fully in reserving, making contracts and registering with the provider.
- The company does not guarantee the customer of operational contents, service contents offered of the accommodation, or the information on the website, the reservation and contract between the customer and the accommodation, update, renovation success or failure, and time of conclusion. The company will not take any responsibility of success or failure of contracts, contents, implementation, and these are to be solved between the customer and the accommodation provider directly.
- The company will not guarantee the accuracy, updates, integrity, superiority, and matches of the advertisements and links leading to other sites while in usage of this service. The customers are to use the advertisements and its outside links under their own responsibility.
- There may be links linked to other websites and resources settled in this service and a third party may also register websites and resource lings or trackbacks. The company will not take responsibility of the websites and resources of the links since each of them are managed by other operators.
Article 13 (prohibited action)
The company sets the following as items of prohibited actions and customers are not to perform these prohibited actions.
- Actions which violates laws and ordinances of a criminal act
- Fraud or threats toward the company or other customers of the service
- Actions against public order and morals
- All acts in violation of this agreement
- Actions that infringe the intellectual property rights (copyright, design right, the utility model right, trademark, patent right, know-hows, and others) to the company, other customers of this service, and other third parties.
- Regardless of all or part, make information provided by this service actions as copying, reproduction, a reproduction, sending, a transfer, distribution, distribution, resale, the transmission, transmission possibility without our prior agreement or use in purpose of modification, adaptation, translation, or loaning.
- Actions that damage the company’s trust or this service or something that implies these
- Actions that puts excessive burden on the network or system of this service
- Actions that may interfere with the administration of this service
- Action of accessing the company’s network or system illegally or challenges this
- Action pretending to be a third party
- Business actions on this service that the company is not consented with beforehand such as advertising and inviting
- Collection of information of other customers of this service
- Action that may be disadvantageous to the company or other customers of this service or other third parties causing damage and discomfort
- Payoff to antisocial power
- Actions that may directly or indirectly facilitate the previous item
- Other actions that the company determines to be inappropriate
The company prohibits posts contributes word of mouth to the following items
- Posts that may have adverse effect on the accommodation provider and have contents which are difficult to confirmed
- Contents that are illegal or breach contracts of the accommodation provider
- Abusive slander, predictable criticism against the accommodation provider and inappropriate expressions
- Contents on personal objection and troubles
- Word of mouth that can be related to criminal acts or acts against laws and ordinances
- The contents which infringe privacy
- Contents which infringe intellectual property rights of copyrights
- Word of mouth written in purpose of values
- Posts of the associated facilities by the accommodation provider
The company prohibits postings of images that may contribute the following items
- Images which may infringe privacy
- Images that have possibility of copyright or may infringe copyright
- Obscene image
- Images which are cruel and produces physiological loathsomeness
- Philosophical, religion criticism, election image
- Images that are related to actions prohibited in laws and ordinances
- Images which purpose to receiving values
- Images that the accommodations do not give permission
Among this service, we may provide some services which are only available for those who fulfill the age limit
Article 15 (service cancellation)
- The company may end or stop a part or all of this service without notifying the customer under the following circumstances
- When there is urgent need to perform checking and maintenance to the computer system related to this service
- When the computer communication circuit stops itself
- When this service is inevitably unable to run due to an earthquake, a thunderbolt, a fire, storm and flood damage, a blackout, the natural calamity
- Other cases when the company judges the need to end or stop the service
- The company will not take any responsibility in any damage that the registered user gets through what the company does in following this agreement.
Article 16 (registration cancellation)
- The company will delete posted data or stop this service usage without warning beforehand or notification when the company judges that the registered user corresponds to any of the item below.
- When any of the articles of this agreement is violated
- When falsification is found
- When payment stoppage or insolvency occurs and civil affair reproduction procedure, company corporate reorganization, special settlement statement procedures take place
- If this service is not used for more than a year
- When there is no response to the company’s contact with questions asking for answers, for more than 30 days
- When there is correspondence to article 5-4
- In other cases where the company judges that continuing of the use of this service, registration of the registered user, continuation of contract is not suitable.
- When any of the items mentioned above corresponds to the registered user, the registered user will naturally lose the time limit given on paying all the debts and must pay all debts to the company promptly.
- The company will not take any responsibility in any damage that the registered user gets through what the company does in following this agreement.
Article 17 (withdrawal)
- The registered user may resign from this service by notifying us by our predetermined method and can delete the user registration.
- If there is a debt bearing when resigning, the registered user automatically loses the profit of time limit and all of the debt that is due to the company and must be done promptly.
Article 18 (word of mouth, deletion of the photograph)
For all customers to use the service comfortably, when the following word or mouth or photos are discovered, they may be deleted without notice. The company will determine whether the information is object to deletion.
- Against this agreement
- Against public order and morals
- Unrelated to this service or accommodations or provider
- Include harmful program or scripts
- Advertising act related to profit and contents of personal buying and selling, transfer.
- Those determined to be inappropriate by the company in means of disturbing the management administration
Article 19 (change of service contents)
- The company may change, stop, or end the service without a warning (including contents offered in the service)
- The company will not take any responsibility of the damage the customer has had based on the measures of this agreement.
Article 20 (use of information)
The company is b able to use information obtained through the service, the evaluation information of stays and prices, evaluation of the information, and report to a third party through methods that does not identify any individual or corporation.
Article 21 (separability)
Even if either article or part of this agreement is judged by laws and ordinances of impossible of invalidity or the execution, the remaining rule of this agreement and a part continue to be valid and shall completely have effect.
Article 22 (a governing law and jurisdiction)
- This agreement applies to the Japanese law.
- For this agreement, of all related disputes, the first trial is to be the Tokyo District Court as an exclusive agreement competent court.
Article 23 (language)
This agreement shall be established in Japanese and translation by English of this agreement and other languages is only for reference and does not restrict customers or the company.
Article 24 (communication means for customers)
The company will communicate through our website, e-mail transmission, mail or phone call, by our appointed method.
Article 25 (about an inquiry)
- If you have any questions, about the business contents of the accommodation providers, their service contents, rates, terms of contracts and business hours, please reach the providers directly.
- As for questions, please contact us through an inquiry form.