Terms of Use

These Terms of Use (“Terms of Use”) prescribe the terms of booking service offered on this Website (“Service”) and rights and obligations of Hoshino Resorts Group and Users. Please note that you are required to read all provisions in these Terms of Use and agree to these Terms of Use before using the Service.

Article 1 (Scope of Application)

1. The purpose of these Terms of Use shall be to prescribe the terms of the Service and the rights and obligations of the Company (as defined in Article 2; hereinafter the same) and a User in connection with the use of the Service. These Terms of Use shall apply to any and all relationships between a User and the Company in connection with the use of the Service.

2. In the event of any discrepancy between these Terms of Use and explanatory materials other than these Terms of Use or any other explanation on the Service not provided in these Terms of Use, these Terms of Use shall prevail.

Article 2 (Definition)

The terms provided below as used in these Terms of Use shall have the following meanings:

• (1) “Website” shall mean Hoshino Resort booking website.
• (2) “The Company” shall mean Hoshino Resort Co., Ltd. and Hoshino Resorts Group.
• (3) “User(s)” shall mean any person who uses the Service.
• (4) “Member(s)” shall mean a User who has completed the membership registration by using the method prescribed in Article 10.
• (5) “Completion of Booking” shall mean the condition in which the procedure under Article 5 of these Terms of Use has been completed and the use of accommodation mentioned in the Service became available.
• (6) “Booked Person” shall mean a User who has completed the booking of accommodation by using the Service.
• (7) “Intellectual Property Rights” shall mean copyrights, patent rights, utility model rights, design rights, trademark rights and other intellectual property rights (including the rights to acquire such rights or to file an application for registration of such rights, etc.).

Article 3 (Basic Terms of Use)

• 1. Users of the Service shall be required to check all Terms of Use in advance and to agree to comply with them.
• 2. Users shall be required to follow the general manners, morals and technical rules on internet use and to use the Service under the recommended system requirements separately prescribed by the Company.
• 3. Users shall use the Service only for the purposes of overnight stay at the applicable accommodations for private use, and shall not use the Service for commercial or business purposes.
• 4. Any User, who uses any accommodation booked through the use of the Service, shall comply with the general terms and conditions and other rules as separately prescribed by such accommodation.

Article 4 (Contents of Service)

The contents of the Service shall be as follows:

• (1)Search through the accommodations registered in the Service and view the information on such accommodations
• (2)Book the accommodations registered in the Service
• (3)Change or cancel the booking of accommodations registered in the Service

Article 5 (Completion of Booking)

Booking is completed when an e-mail informing the Completion of Booking is automatically dispatched to the e-mail address registered by the User for the Service.

Article 6 (Payment of Lodging Fee)

Booked Person shall use any of the methods provided below or combination of any of such methods for the payment of lodging fee for the accommodation for which the booking is made through the prescribed procedure under Article 5 of these Terms of Use. The payment options shall be as prescribed by the accommodation and in the overnight stay plan.

• (1) On-site Payment
  Booked Person shall directly pay to the applicable accommodation.
• (2) Online Credit Card Payment
  
  • (i)Booked Person shall make the payment to the Company via a credit card company by using the credit card separately designated by the Company as accepted credit card. Booked Person may only use the credit card under his/her/its own name.
  • (ii)In the event that Booked Person uses another person’s credit card or forged credit card and that the Company suffers damages as a result, the Company shall be entitled to request the Booked Person for compensation of damages and the Booked Person shall be obligated to make such compensation.
  • (iii)(iii) In the event that there are any fees not included in the online credit card payment, Booked Person shall pay such fees at the applicable accommodation.
• (3) Investor Complimentary Certificate
  Booked Person shall make the payment in accordance with the rules on investor complimentary certificate.

Article 7 (Change in Booked Person’s Booking)

In the event that Booked Person requests for change in the booking made through the prescribed procedure under Article 5 of these Terms of Use, Booked Person shall either cancel the booking and make a new booking through the Service or carry out the change procedure by directly contacting the applicable accommodation. (Such change shall be complete at the time of accommodation’s dispatch of notice of its approval of details of changed booking.) Provisions of Article 8 shall apply to cancellation of the previous booking for the purpose of changing the booking under this Article 7. If the payment method for the previous booking is online credit card payment or investor complimentary certificate, each of following provisions shall apply respectively:

• (1) In Case of Online Credit Card Payment
  If Booked Person carried out the change procedure by directly contacting the applicable accommodation, adjustment of any amount of difference between the amount of the lodging fees for the new booking and the amount paid for the previous booking by online credit card payment shall be processed through the credit card used for the booking and if such adjustment via credit card could not be made, the Booked Person shall comply with the details provided by the applicable accommodation.
• (2) In Case of Investor Complimentary Certificate
  If Booked Person carried out the change procedure by directly contacting the applicable accommodation, the Booked Person shall comply with the details provided by the applicable accommodation for any matters relating to the treatment of investor complimentary certificate.

Article 8 (Booking Cancellation by Booked Person)

1.In the event that Booked Person wishes to cancel the booking after the Completion of Booking, the Booked Person shall use either of the following methods provided below. The final day for Booked Person to carry out the cancellation procedure via the Services shall be one (1) day before the check-in date of the booking. Cancellation on the date of the check-in date shall be made by directly contacting the applicable accommodation. The rules on cancellation fee shall be as prescribed in the cancellation policy of applicable overnight stay plan except for the cases provided in Article 8.2.

• (1)In Case of On-site Payment or Payment by Investor Complimentary Certificate
  Booked Person shall notify cancellation to the applicable accommodation via the Service or by directly contacting the applicable accommodation. If cancellation fee accrues in accordance with the fee policy prescribed in the applicable overnight stay plan, the Company will invoice the accrued cancellation fee. If the booking has been changed pursuant to Article 7 and the Booked Person has chosen online credit card payment for the new booking, the cancellation fees for the previous booking shall be collected from the credit card used for the new booking via the credit card company.
• (2)In Case of Online Credit Card Payment
  Booked Person shall notify cancellation to the applicable accommodation via the Service or by directly contacting the applicable accommodation.
  
  • (i)If cancellation fee accrues in accordance with the fee policy prescribed in the applicable plan, the Company will invoice the accrued cancellation fee and shall collect the payment from the credit card used for the booking via the credit card company.
  • (ii)In the event that the cancellation fee accrues under the cancellation policy prescribed by the applicable overnight stay plan and that refund of any remaining balance after deducting the cancellation fee from the amount of lodging fee for the applicable accommodation paid by Booked Person by credit card cannot be made, the Company shall refund to the account designated by such Booked Person the said balance remaining after deducting the cancellation fee from the amount of lodging fee for the applicable accommodation paid by Booked Person by credit card. In the event that any remittance fee arises for the refund, such remittance fee shall be borne by the Booked Person. In the event that the amount of such remittance fee is more than the remaining balance, no refund shall be made.
  • (iii)In the event that the cancellation fee does not accrue under the cancellation policy prescribed by the applicable overnight stay plan, the Company shall refund the lodging fee for the applicable accommodation via the credit card company. In the event that refund through the credit card company cannot be made, the Company shall refund to the account designated by such Booked Person the amount of lodging fee paid by the Booked Person for the applicable accommodation. In the event that any remittance fee arises for the refund, such remittance fee shall be borne by the Booked Person.

2.2.Notwithstanding the cancellation fee prescribed in the overnight stay plan, no cancellation fee shall arise in any of the following cases:

• -In case of temporary shutdown of applicable accommodation or transportation in the User’s neighborhood until 11:00 am of the check-in date due to reasons such as natural disaster, riot or war or in case of the User’s inability to physically arrive to the applicable accommodation due to reasons such as shutdown of highways or main national road.

Article 9 (Booking Change or Cancellation by the Company)

The Company may change or cancel the completed booking in either of the following cases:

• (1)In case that the Company finds that same User made multiple bookings on the same date or a User booked unreasonable number of rooms; or
• (2)In case online credit card payment has not been properly made by the due date with respect to the booking of overnight stay plan which required online credit card payment in advance.

Article 10 (Membership Registration)

1.In the event that a User requests for any of the matters provided below in the course of using the Service, the User may register for membership. In such case, such User will receive user ID and password.

• (1)In case the User wishes to store the “name”, “address”, “telephone number”, “e-mail address” and other information in the Company’s database for the purpose of the User’s continuing use of the Company’s facilities
• (2)In case the User wishes to periodically receive direct mails sent by the Company

2．The Company will decide on whether or not to approve the registration of registration applicant who applied for registration under Article 10.1 (“Registration Applicant”) based on the Company’s criteria. If the Company approves the registration application, the Company will notify the Registration Applicant. Membership registration of Registration Applicant shall be complete upon the Company’s notification to the Registration Applicant under this Article 10.2.

3. The Company may refuse registration and re-registration from time to time if Registration Applicant falls under any of the cases provided below. The Company has no obligation to disclose the reason for such refusal.

• (1)In case all or part of registered information provided by the Registration Applicant contained any false statements, errors or omissions;
• (2)In case the Registration Applicant was a minor, adult ward, person under curatorship or person under assistance and the consent, etc. of statutory agent, guardian, curator or assistant has not been obtained;
• (3)In case the Company determines that the Registration Applicant is anti-social force, etc. (i.e., criminal organization, member of criminal organization, right-wing group, anti-social force or any equivalent to the foregoing; hereinafter the same) or that the Registration Applicant communicates or is involved in some way with anti-social force, etc. in ways such as assisting or is involved in the maintenance, operation or management of anti-social force, etc. by providing funds or other means;
• (4)In case the Company determines that the Registration Applicant is a person who has breached a contract with the Company in the past or that the Registration Applicant is a person related to such person; or
• (5)In case the Company otherwise determined that the registration is not appropriate.

Article 11 (Changes to Registered Information)

If there is any change to a Member’s registered information, the Member shall promptly notify the Company of such changed information by means prescribed by the Company.

Article 12 (Management of User ID and Password)

1．Members shall properly manage and store his/her/its user ID and password relating to the Service at his/her/its responsibility and may not allow any third party to use them, lease, transfer, change the holder’s name, sell or engage in any other related acts.

2．Any damages arising from mismanagement or misuse of password or user ID, use of password or user ID by any third party, or any other related cases shall be borne by the Member. The Company shall not be liable for any such damages.

Article 13 (Procedure for Cancelling Member’s Membership Registration)

1．In the event that a Member wishes to cancel his/her/its membership registration to the Service, the Member shall be entitled to cancel the membership registration by filing a prescribed form offered by the Service or by notifying the Company of following matters via e-mail:

• (1)Name of Member who wishes to cancel the membership registration;
• (2)User ID and password of Member who wishes to cancel the membership registration; and
• (3)Member’s indication of his/her/its intent to cancel the membership registration.

Article 14 (Revocation of Membership Qualification or Suspension of Use)

1．In the event that a User falls under any of the following cases, the Company shall be entitled to revoke such Member’s membership or suspend use of the Service without any prior notice or warning. The Company has no obligation to disclose the reason for such revocation or suspension:

• (1)In case the Member breached any of the provisions in these Terms of Use;
• (2)In case it became clear that the Member’s registered information contained false statements; or
• (3)In case the Company otherwise determined that the Member’s continuing use of the Service or membership registration was not appropriate.

2．The Company shall not be liable for any damages suffered by Users which are caused by any Company’s acts carried out under this Article 14.

Article 15 (Prohibited Matters)

Users may not engage in any of the following acts or any acts which the Company determines as falling under any such acts in the course of using the Service:

• (1)Act in violation of laws and regulations or act relating to crime;
• (2)Fraud or threat against the Company, other Users of the Service or other third party;
• (3)Act which goes against public order and morals;
• (4)Act which infringes on Intellectual Property Right, right to one’s portrait, right to privacy, reputation, or any other right or interest of the Company, other Users of the Service or other third party;
• (5)Act with commercial purposes which is carried out through the Service or in connection with the Service without the Company’s consent or act whose purpose is to prepare for such commercial act;
• (6)Act which causes excessive burden on the network or system, etc. of the Service;
• (7)Act which has the risk of interfering with the operation of the Service;
• (8)Unlawful access to the Company’s network or system, etc. or attempt of such unlawful access
• (9)Presenting oneself as someone else;
• (10)Use of user ID or password of other Member;
• (11)Gathering information on other Users of the Service;
• (12)Act which causes detriment, damages or displeasure to the Company, other Users of the Service or other third party;
• (13)Act which directly or indirectly causes, or makes it easier to engage in, any of the acts mentioned in (1) through (12) above; or
• (14)Any other acts which the Company determines as inappropriate.

Article 16 (Stoppage of Service, etc.)

1．In the event of occurrence of any of the following events, the Company shall be entitled to stop or suspend the provision of all or part of the Service without prior notice to Users:

• (1)In case of emergency inspection or repair of computer system relating to the Service;
• (2)In case of stoppage due to any accident in computer, communication circuit, etc.;
• (3)In case the operation of the Service became impossible due to force majeure event such as war, riot, commotion, earthquake, lightning, fire, wind or water damage, blackout, or natural disaster;
• (4)In case of the Company’s decision that the stoppage or suspension was necessary due to occurrence of any event which went against these Terms of Use; or
• (5)In case the Company otherwise determined that stoppage or suspension was necessary.

2．The Company shall not be liable for any damages suffered by Users which are caused by any Company’s measures carried out under this Article 16.

Article 17 (Ownership of Rights)

All Intellectual Property Rights relating to the Company’s website and the Service shall be vested in the Company or any licensor who granted a license to the Company. The license to use the Service under these Terms of Use is not a license to Intellectual Property Right of the Company or any licensor who granted a license to the Company in connection with the Company’s website or the Service.

Article 18 (Change, Suspension and Discontinuance of the Service)

1.The Company shall be entitled to change the contents of the Service or discontinue the provision of the Service due to any reason as determined by the Company. In the event that the Company discontinues the provision of the Service, the Company shall provide the Members with a prior notice except in the case of unavoidable circumstances (Notice will not be provided to any User other than Members.).

2.The Company shall not be liable for any damages suffered by User which are caused by any Company’s measures carried out under this Article 18.

Article 19 (Handling of User’s Personal Information)

1.The Company shall use the personal information of Users and their history of overnight stay and use of accommodation (“Personal Information”) which the Company came to know from the Users’ use of the Service or overnight stay booked through the use of the Service:

• (1)To provide services at the applicable accommodation
• (2)To send user’s survey or information from the Company
• (3)To contact Users as necessary

2.The Company will use the Personal Information to conduct research on usage status or usage environment in a manner which cannot identify any individual, by compiling and analyzing the attributes and to make various reports to be provided to related companies whom the Company has business partnership or to be provided internally within the Company. Users shall consent to such use in advance.

3.The Company may provide the Personal Information to third parties such as business partner from time to time in any of the following cases:

• (1)In case Booked Person him/her/itself gives consent;
• (2)In case it is necessary for the purpose of use under Article 19.1;
• (3)In case of request for disclosure from police, prosecutor, fire department, court, bar association or any other organizations with equivalent authority;
• (4)In case of urgent situation to protect person’s life, physical safety or property;
• (5)In case of request for disclosure from a credit card company for a proper reason related to online credit card payments including investigation of use of the credit card by a third party; or
• (6)In case it is necessary for preventing unauthorized use of the Service.

4.Credit card information of Members to be used for online credit card payment under Article 6(2) of these Terms of Use shall be sent directly to payment agent and credit card company.

5.The Company shall respect the User’s and Member’s right to use the Service and shall ensure that it handles the complaints and questions from Users and Members on disclosure, correction and deletion of their information and on other information management. The handling details shall be as separately prescribed in the privacy policy of the Company.

Article 20 (Changes to Terms of Use, etc.)

The Company shall be entitled to change these Terms of Use and contents of the Service without prior notice to Users.

Article 21 (Communication and Notice)

Any questions on the Service and other communications or notices from Users to the Company and any notice on any change to the Terms of Use and other communications or notices from the Company to Users shall be made by means prescribed by the Company.

Article 22 (Severability)

In the event that any provisions or any portions of provision in these Terms of Use are determined as invalid or unenforceable, any remaining provisions or any remaining portion of such provision in these Terms of Use shall remain in full force and effect.

Article 23 (Governing Law and Jurisdiction)

1. These Terms of Use shall be governed by the laws of Japan. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use even if any sale and purchase of goods occurs in the Service.

2. Tokyo District Court shall be the court of first instance with exclusive jurisdiction over any and all disputes arising from or relating to these Terms of Use or provision of the Service.