Terms of Use

This Ryokanbook Terms of Use (hereinafter referred to as the “Terms”) set forth the matters that users (as defined in Article 2) are required to comply with in using the Service (as defined in Article 2) provided by Hinotori Inc. (hereinafter referred to as the “Company”), as well as the rights and obligations between the Company and the users. Any person who uses the Service is requested to read the entirety of these Terms carefully before agreeing to them.

Article 1 (Application)

1. The purpose of these Terms is to set forth the rights and obligations between the Company and the users with respect to the use of the Service, and these Terms shall apply to all relationships related to the use of the Service between the users and the Company.
2. Rules, regulations and other provisions relating to the Service that are posted from time to time on the Company Website (as defined in Article 2) shall constitute a part of these Terms.

The terms used in these Terms shall have the meanings as defined in the following Article.

Article 2 (Definitions)

For the purposes of these Terms, the following terms shall have the meanings set forth below:

(1) “Accommodation Contract” means a contract regarding the provision of Accommodation Services concluded between a user and an Accommodation Facility.
(2) “Accommodation Services” means accommodation and all services ancillary thereto provided by an Accommodation Facility to a user.
(3) “Accommodation Facility” means a hotel, ryokan or other provider of Accommodation Services registered on the Service.
(4) “Intellectual Property Rights” means copyrights, patent rights, utility model rights, trademark rights, design rights and any other intellectual property rights (including the right to obtain such rights or to apply for registration of such rights).
(5) “Company Website” means the website operated by the Company, the domain of which is “ryokan-book.com” (if, for any reason, the domain or content of the Company’s website is changed, this shall include such website after such change).
(6) “Reservation Information” means “Reservation Information” as defined in Article 3.
(7) “User” means an individual or legal entity that agrees to these Terms and uses the Service pursuant to Article 3.
(8) “Service” means the accommodation reservation and payment platform service named “Ryokanbook” provided by the Company (if, for any reason, the name or content of the service is changed, this shall include the service after such change).
(9) “Usage Agreement” means the “Usage Agreement” as defined in Article 3, Paragraph 4.
(10) “Accommodation Fees, etc.” means a collective term for the monetary amounts payable by the user to the Accommodation Facility under an Accommodation Contract concluded through the Service, including accommodation fees, cancellation fees, service charges, other ancillary expenses, and consumption tax, accommodation tax and other taxes related thereto.

Article 3 (Application and Consent)

1. A user shall apply for a reservation for the Service on the Company Website by agreeing to these Terms and by following the method prescribed by the Company.
2. The Company shall review the reservation application in accordance with the Company’s prescribed standards and notify the user of the result.
3. The Company may refuse to accept an application for reservation if any of the following items apply:
   (1) If the Company determines that there is a risk of violation of these Terms;
   (2) If any part or all of the Reservation Information provided to the Company is false, erroneous or omitted;
   (3) If the applicant has previously had their use of the Service restricted or suspended;
   (4) If the applicant is a minor, an adult ward, a person under curatorship, or a person under assistance and has not obtained the consent, etc. of their legal representative, guardian, curator or assistant;
   (5) If the Company determines that the applicant is an Anti-social Force, etc. (meaning organized crime groups, members of organized crime groups, quasi-members of organized crime groups, persons who have not been a member or quasi-member of an organized crime group for more than five (5) years, companies related to organized crime groups, corporate racketeers (sokaiya), groups or individuals that label themselves as social movements or political activities but in fact pursue economic gain through violence, intimidation or fraudulent methods, or other similar groups or individuals; the same shall apply hereinafter), or that the applicant is in any way interacting with or involved in an Anti-social Force, etc., such as cooperating with or participating in the maintenance, operation or management of an Anti-social Force, etc. through funding or other means;
   (6) If the Company reasonably determines that it is otherwise inappropriate to accept the application for reservation.
4. The Company shall, in accordance with the preceding paragraph and other standards of the Company, determine whether or not to accept the application for reservation, and if the Company accepts the application for reservation, it shall notify the user to that effect. At the time when the user begins to use the Service after agreeing to these Terms, a contract regarding the use of the Service in accordance with the provisions of these Terms (hereinafter referred to as the “Usage Agreement”) shall be deemed to have been concluded between the Company and the user.

Article 4 (Use of the Service)

During the term of the Usage Agreement, the user may use the Service in accordance with these Terms and in accordance with the method prescribed by the Company.

Article 5 (Conclusion of Accommodation Contract)

1. A user shall apply for a reservation of Accommodation Services by the method prescribed by the Company.
2. Upon confirmation of room availability and other conditions at the Accommodation Facility relating to the user’s application for reservation, if the Accommodation Facility gives its consent, the Company shall notify the user of the reservation details and a payment link. At the time when the user completes payment of the Accommodation Fees, etc. to the Company via such payment link and the reservation confirmation notice from the Company reaches the user, an Accommodation Contract shall be deemed to have been concluded between the user and the Accommodation Facility. The Accommodation Contract shall be concluded between the user and the Accommodation Facility, and the Company shall not be a party to the Accommodation Contract.
3. Upon the conclusion of an Accommodation Contract, the user agrees to comply with all contractual conditions stipulated by the Accommodation Facility.

Article 6 (Fees and Payment Method)

1. The user shall pay to the Company the Accommodation Fees, etc. under the Accommodation Contract concluded through the Service by the payment method prescribed by the Company (such as credit card payment).
2. The Company is granted authority by the Accommodation Facility to receive Accommodation Fees, etc. in accordance with conditions separately agreed between the Accommodation Facility and the Company, and at the time when the user completes payment of the Accommodation Fees, etc. to the Company, the user’s payment obligation to the Accommodation Facility shall be deemed to have been extinguished (fulfilled). Provided, however, that the price of goods, services and the like that the user additionally purchases on-site at the Accommodation Facility shall not be subject to such agency receipt, and the user shall pay such amounts directly to the Accommodation Facility in accordance with the Accommodation Facility’s provisions; provided, however, that this shall not apply where the Company separately designates such payment as subject to payment through the Company by a method separately prescribed by the Company.
3. If the user delays payment of the Accommodation Fees, etc., the user shall pay to the Company a late payment charge at the rate of 14.6% per annum.

Article 7 (Cancellation and Changes)

1. If a user wishes to cancel an Accommodation Contract, the user shall complete the cancellation procedure by the method prescribed by the Company.
2. Cancellation fees shall be incurred from the day before the scheduled date of commencement of accommodation (scheduled check-in date), calculated as follows:
   (1) From 21 to 4 days prior: 10% of the Accommodation Fees, etc.
   (2) 3 days prior: 20% of the Accommodation Fees, etc.
   (3) 2 days prior: 50% of the Accommodation Fees, etc.
   (4) On the date of commencement of travel (accommodation) or thereafter: 100% of the Accommodation Fees, etc.
   (5) No-show without notice: 100% of the Accommodation Fees, etc.
3. If cancellation fees arise, the user shall be obligated to pay such fees to the Company in accordance with the payment methods set forth in Article 6 and by the method separately prescribed by the Company (including, but not limited to, the use of settlement systems by third parties). The Company may refund to the user the balance after deducting the cancellation fees from the Accommodation Fees, etc. already received, or may separately claim the cancellation fees.
4. When the Company refunds Accommodation Fees, etc. to the user pursuant to the preceding paragraph, the settlement fees, bank transfer fees and any other costs incurred in connection with such refund shall be borne by the user, and the user hereby agrees in advance that the Company may deduct such costs from the refund amount. Refunds shall be made by the method prescribed by the Company.
5. After an Accommodation Contract is concluded, the user may apply to change the reservation details for the same Accommodation Facility by notifying the Company no later than five (5) days prior to the commencement date of accommodation and by paying the change fee prescribed by the Company (550 yen including tax). However, depending on the coordination with the Accommodation Facility, requested changes may not be accepted. As a general rule, changes shall not be accepted on or after four (4) days prior to the commencement date of accommodation, and the user shall complete the cancellation procedure in accordance with Paragraphs 1 and 2 of this Article. Notwithstanding the foregoing, if and only if the Accommodation Facility specially agrees to adjust the dates and the Company separately approves, changes may be permitted.

Article 8 (Management of Account Information)

1. The user shall, under its own responsibility, manage and store the information provided to the Company in connection with the use of the Service (hereinafter referred to as “Reservation Information”) and shall not allow any third party to use it, nor lend, transfer, change the name, sell or otherwise dispose of it.
2. The user shall be responsible for any damage arising from insufficient management of Reservation Information, errors in use or use by third parties, and the Company shall not be liable for any such damage, except in cases of willful misconduct or gross negligence by the Company.
3. If the user becomes aware that the Reservation Information has been stolen or is being used by a third party, the user shall immediately notify the Company to that effect and shall follow the instructions of the Company.

Article 9 (Prohibited Acts)

1. In using the Service, the user shall not engage in any of the following acts:
   (1) Acts that infringe the Intellectual Property Rights, portrait rights, privacy rights, honor, or any other rights or interests of the Company, Accommodation Facilities, other users or other third parties (including acts that directly or indirectly cause such infringement);
   (2) Acts that violate an Accommodation Contract or acts that are likely to do so;
   (3) Acts related to criminal acts or acts contrary to public order and morals;
   (4) Acts that violate laws and regulations or internal rules of industry groups to which the Company or the user belongs;
   (5) Acts of transmitting information that contains computer viruses or other harmful computer programs;
   (6) Acts that may interfere with the operation of the Service by the Company;
   (7) Acts of registering or providing false information;
   (8) Fraudulent use of Accommodation Services (such as cancellations without notice or non-payment of fees);
   (9) Acts that cause nuisance to Accommodation Facilities or other users;
   (10) Provision of benefits to Anti-social Forces, etc.;
   (11) Any other acts that the Company reasonably deems inappropriate.
2. If the Company determines that any act by a user in connection with the Service falls under or is likely to fall under any of the items in the preceding paragraph, the Company may, without prior notice to the user, suspend such act, delete information, or take any other measures that the Company deems necessary. The Company shall not be liable for any damage incurred by the user as a result of measures taken by the Company pursuant to this paragraph, except in cases of willful misconduct or gross negligence by the Company.

Article 10 (Suspension of the Service, etc.)

1. The Company may, without prior notice to the user, suspend or interrupt all or part of the use of the Service if any of the following items apply:
   (1) When the Company performs periodic or emergency inspection or maintenance work on computer systems related to the Service;
   (2) When computers, communication lines, etc. are stopped due to an accident;
   (3) When the Company is unable to operate the Service due to force majeure such as fire, power outage, natural disaster or other similar events;
   (4) When the Company reasonably deems it necessary to suspend or interrupt the Service for any other circumstances.
2. The Company may, at its reasonable discretion, terminate the provision of the Service. In such case, the Company shall notify the user in advance.
3. The Company shall not be liable for any damage incurred by the user as a result of measures taken by the Company pursuant to this Article, except in cases of willful misconduct or gross negligence by the Company.

Article 11 (Burdens and Environment for Use of the Service)

1. The preparation and maintenance of computers, smartphones, software and other equipment, communication lines and other communication environment, etc. necessary to use the Service shall be undertaken at the expense and responsibility of the user.
2. The user shall, at its own expense and responsibility, implement security measures appropriate for its own environment for use of the Service, such as prevention of infection by computer viruses, prevention of unauthorized access, and prevention of information leakage.
3. Even if the Company temporarily stores messages or other information sent or received by the user for operational reasons, the Company is not obligated to retain such information, and the Company may delete such information at any time.
4. When the user installs software, etc. on its computers, smartphones and other devices by downloading from the Company Website or by other means at the start or during the use of the Service, the user shall exercise due care to ensure that the information retained by the user is not lost or altered and that no malfunction or damage occurs to the equipment.

Article 12 (Ownership of Intellectual Property Rights)

1. All ownership and Intellectual Property Rights relating to the Company Website and the Service belong to the Company or persons who have granted licenses to the Company. The license to use the Service granted to the user based on registration under these Terms shall not be construed as a transfer or license of any Intellectual Property Rights of the Company or persons who have granted licenses to the Company relating to the Company Website or the Service, except as expressly provided in these Terms. The user shall not engage in any act that may infringe the Intellectual Property Rights of the Company or persons who have granted licenses to the Company for any reason (including, but not limited to, disassembly, decompilation and reverse engineering).
2. With respect to any text, images, videos and other data posted or otherwise transmitted by the user on the Company Website or the Service, the Company may, after processing such data so that individual users cannot be identified, use such data freely and without charge (including reproduction, copying, modification, sublicensing to third parties and any other use).

Article 13 (Suspension of Use, etc.)

1. If the user falls under any of the following items, the Company may, without prior notice or demand, temporarily suspend the use of the Service by such user or terminate the use of the Service by such user:
   (1) If the user violates any provision of these Terms;
   (2) If it is found that there is any false fact in the Reservation Information or other information provided to the Company;
   (3) If the user uses or attempts to use the Service for purposes or in a manner that may cause damage to the Company, other users, Accommodation Facilities or other third parties;
   (4) If the user violates an Accommodation Contract;
   (5) If the user interferes with the operation of the Service by any means;
   (6) If the user suspends payment or becomes insolvent, or a petition is filed for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation or similar proceedings;
   (7) If a bill or check drawn or accepted by the user is dishonored, or the user is subject to suspension of transactions with a clearinghouse or similar measures;
   (8) If a petition is filed for attachment, provisional attachment, provisional disposition, compulsory execution or auction against the user;
   (9) If the user is subject to disposition for delinquent payment of taxes and public dues;
   (10) If the user dies or a ruling for commencement of guardianship, curatorship or assistance is made;
   (11) If the user falls under any of the items of Article 3, Paragraph 3;
   (12) If the Company otherwise reasonably determines that it is inappropriate for the user to continue using the Service as a user.
2. If the user falls under any of the items in the preceding paragraph, the user shall automatically lose the benefit of time with respect to all obligations owed to the Company and shall immediately pay all such obligations to the Company.
3. The user may cancel its reservation application or suspend the use of the Service by notifying the Company by the method prescribed by the Company.
4. The Company shall not be liable for any damage incurred by the user as a result of actions taken by the Company pursuant to this Article, except in cases of willful misconduct or gross negligence by the Company.
5. If the Company takes measures such as suspension of use, etc. pursuant to this Article, the user shall, in accordance with the instructions of the Company, return, discard or otherwise dispose of software, manuals and any other items related to the Service provided by the Company.

Article 14 (Disclaimer of Warranties and Limitation of Liability)

1. The Company does not warrant that the Service is suitable for the user’s particular purpose, that it has the functions, commercial value, accuracy or usefulness expected by the user, that the user’s use of the Service complies with laws and regulations or internal rules of industry groups applicable to the user, or that no defects will occur.
2. Any transactions, communications or disputes, etc. (including but not limited to disputes related to Accommodation Contracts) that arise between the user and other users, Accommodation Facilities or other third parties in connection with the Service or the Company Website shall be handled and resolved at the responsibility of the user, and the Company shall not be liable for any such matters, except in cases of willful misconduct or gross negligence by the Company. Issues related to Accommodation Services and Accommodation Contracts shall be resolved directly between the user and the Accommodation Facility.
3. The Company shall not be liable for any damage incurred by the user in connection with any interruption, suspension, termination, unavailability or change of the Service by the Company, deletion or loss of messages or information of the user, suspension of the user’s use, loss of data due to use of the Service, malfunction or damage of devices, or any other damage incurred by the user in connection with the Service, except in cases of willful misconduct or gross negligence by the Company.
4. Even if links from the Company Website to other websites or links from other websites to the Company Website are provided, the Company shall not be liable, except in cases of willful misconduct or gross negligence by the Company, for any websites other than the Company Website or any information obtained therefrom.
5. If the Company is unable to perform its obligations under the Usage Agreement due to circumstances beyond the Company’s reasonable control (including but not limited to fire, power outage, hacking, intrusion of computer viruses, earthquakes, floods, wars, epidemics, embargoes, strikes, riots, inability to secure supplies or means of transportation, intervention, instructions or requests by government or local authorities, or enactment, amendment or repeal of domestic or foreign laws and regulations), the Company shall not be liable for non-performance of its obligations to the user during the period in which such circumstances continue.
6. Even if, due to the application of the Consumer Contract Act or other mandatory laws or for any other reason, the Company is liable for damages to the user, the Company’s liability for damages shall, except in cases caused by willful misconduct or gross negligence by the Company, be limited to direct and ordinary damages, and the maximum amount shall be the total amount of Accommodation Fees, etc. actually received by the Company from the user.

Article 15 (User’s Responsibility for Compensation, etc.)

1. If the user causes damage to the Company or an Accommodation Facility by violating these Terms or in relation to the use of the Service, the user shall compensate the Company or the Accommodation Facility for such damage.
2. If the user receives a claim from another user, an Accommodation Facility, or any other third party in connection with the Service or a dispute arises between such parties, the user shall promptly notify the Company of the details thereof and shall handle such claim or dispute at the user’s own expense and responsibility, and, upon the Company’s request, shall report the progress and results to the Company.
3. If the Company receives any claim from another user, an Accommodation Facility or another third party due to infringement of rights or for any other reason in connection with the use of the Service by the user, the user shall compensate the Company for the amount that the Company is forced to pay to such third party based on such claim.

Article 16 (Confidentiality)

1. In these Terms, “Confidential Information” means all information relating to the Company’s technology, business, operations, finances, organization and other matters that the user receives or becomes aware of from the Company in writing, orally or through recording media or otherwise, in connection with the Usage Agreement or the Service. However, the following information shall be excluded from Confidential Information:
   (1) Information that was already public knowledge or already known to the user at the time it was provided, disclosed or obtained from the Company;
   (2) Information that became public knowledge through publications or otherwise after being provided, disclosed or obtained from the Company for reasons not attributable to the user;
   (3) Information lawfully obtained from a third party with authority to provide or disclose such information without being obligated to maintain confidentiality;
   (4) Information developed independently without reference to Confidential Information;
   (5) Information for which the Company has confirmed in writing that confidentiality is not required.
2. The user shall use Confidential Information solely for the purpose of using the Service and shall not provide, disclose or leak Confidential Information of the Company to any third party without the prior written consent of the Company.
3. Notwithstanding the preceding paragraph, the user may disclose Confidential Information based on orders, requests or demands from laws, courts or government agencies. However, in such case, the user shall promptly notify the Company of such order, request or demand.
4. If the user reproduces documents or magnetic recording media, etc. that contain Confidential Information, the user shall obtain the prior written consent of the Company and shall strictly manage such reproductions in accordance with Paragraph 2 of this Article.
5. Upon request by the Company, the user shall, without delay and in accordance with the Company’s instructions, return or destroy Confidential Information and all documents and other recording media that contain or embody Confidential Information and all copies thereof.

Article 17 (Handling of Personal Information, etc.)

1. The handling of personal information (meaning “personal information” as defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information of Japan) of users by the Company shall be governed by the Company’s Privacy Policy separately established, and the user agrees that the Company will handle the user’s personal information in accordance with such Privacy Policy.
2. The Company may, at its discretion, use and disclose information and data provided by the user to the Company as statistical information in a form that does not identify individuals, and the user shall not object to such use or disclosure.

Article 18 (Term of Validity)

The Usage Agreement shall become effective on the date the user agrees to these Terms and shall remain in effect between the Company and the user until the earlier of the date on which the use of the Service by such user ends or the date on which the provision of the Service ends.

Article 19 (Amendment of these Terms, etc.)

1. The Company may amend these Terms (including rules, regulations and other provisions relating to the Service posted on the Company Website; the same shall apply in this paragraph).
2. When the Company amends these Terms, the Company shall notify, by the method prescribed by the Company, the content of the amendment and the effective date of the amendment by the time such amendment becomes effective. If the user uses the Service after the notified effective date, the user shall be deemed to have agreed to the amendment of these Terms.

Article 20 (Communications/Notices)

Inquiries regarding the Service and other communications or notices from the user to the Company, and notices regarding amendments to these Terms and other communications or notices from the Company to the user shall be made by the method prescribed by the Company.

Article 21 (Assignment of Status, etc.)

1. The user shall not assign, transfer, create a security interest over, or otherwise dispose of its contractual status under the Usage Agreement or any rights or obligations under these Terms to any third party without the prior written consent of the Company.
2. If the Company transfers the business relating to the Service to a third party (regardless of the method, including but not limited to business transfer and company split), the Company may, in connection with such transfer, transfer its contractual status under the Usage Agreement, its rights and obligations under these Terms, and the Reservation Information and other customer information of users to the transferee, and the user shall be deemed to have given prior consent to such transfer pursuant to this paragraph.

Article 22 (Entire Agreement)

These Terms constitute the entire agreement between the Company and the user with respect to the matters contained herein and supersede any prior agreements, representations or understandings, whether written, oral or otherwise, between the Company and the user with respect to the matters contained herein.

Article 23 (Severability)

If any provision of these Terms or any part thereof is held to be invalid or unenforceable under the Consumer Contract Act or any other laws or regulations, the remaining provisions of these Terms and the remaining parts of any provision that is held to be invalid or unenforceable shall remain in full force and effect, and the Company and the user shall endeavor to modify such invalid or unenforceable provision or part to the extent necessary to make it lawful and enforceable and to ensure that the intent of such invalid or unenforceable provision or part and the same legal and economic effect are preserved.

Article 24 (Surviving Provisions)

The provisions of Article 6 (only if there are unpaid amounts), Article 8, Article 9, Paragraph 2, Article 10, Paragraph 3, Article 11, Article 12, Article 13, Paragraphs 2, 4 and 5, Articles 14 through 17, and Articles 21 through 26 shall remain in force even after the termination of the Usage Agreement; provided, however, that Article 16 shall remain in force only for three (3) years after the termination of the Usage Agreement.

Article 25 (Governing Law and Jurisdiction)

These Terms shall be governed by the laws of Japan, and any and all disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Article 26 (Language)

If these Terms are translated into any language other than Japanese, the Japanese version shall be the official version, and in the event of any discrepancy in interpretation, the Japanese version shall prevail.

Article 27 (Resolution through Consultation)

With respect to any matters not provided for in these Terms or any doubts arising in the interpretation of these Terms, the Company and the user shall promptly seek to resolve such matters through consultation in good faith.

(Additional Note)
This Privacy Policy (or Terms of Service) is officially written in Japanese. Translations into other languages are provided solely for reference. In the event of any inconsistency, the Japanese version shall prevail.