Terms of Use - hotel reservationOTS

Terms of Use

General Provisions
These Terms of Use set forth the terms and conditions for the use of the online accommodations reservation service, “OneTwoSmileHotel” (websites and applications for personal computers, cell phones, mobile devices, and other platforms hereinafter collectively referred to as the “Website”), operated by Okinawa Tourist Service Incorporated (hereinafter referred to as “We”, “Us”, “Our” or the “Company”). The Website shall be provided in accordance with the following Terms of Use (hereinafter referred to as the “Terms”).
Article 1. Definition of Users
These Terms shall be applicable between the Company and all registered and unregistered users (hereinafter collectively referred to as the “Users”) in all aspects of the use of the Website operated by the Company. By using the Website, all registered users shall be deemed to have agreed with all provisions set forth in the Terms and Privacy Policy, inclusive of individual provisions.
Article 2. Use of Services
1. All Users shall ensure adequately understanding of the contents of the Terms, in addition to all other applicable policies and conditions, before using the online reservation service or the travel information service provided through the Website.
2. Upon using services provided by the accommodations contracted with the Company (hereinafter referred to as the “Service Provider(s)”), the Users shall be deemed to have adequate understanding of the terms, conditions, guidelines, rules, etc. set forth by such Service Providers on the internet.
3. The Website’s reservation service is an intermediary service to arrange reservations for the accommodations affiliated with the Company in accordance with the Travel Agent Contract (Arranged Tour Contract Section).
4. The contents and terms of the Website shall be subject to these Terms, in addition to the Travel Agent Contact (Arranged Tour Contract Section), and the Terms and Conditions of Travel (hereinafter collectively referred to as the “Travel Contract”) separately provided or presented to the Users by the Company.
5. Information about accommodations listed on the Website is provided by the accommodations themselves. Unless separately prescribed, the Company shall not guarantee the authenticity, accuracy, usability, credibility, etc. of such information.
6. The listed information on the Website, including but not limited to vacancy and travel fees (accommodation fees) may differ from the information provided by the accommodations themselves, other websites, travel agencies, etc., and the Company does not guarantee that the information listed on the Website is the most favorable for the Users.
Article 3. Travel Contract and Its Cancellation through the Website
1. The Travel Contract shall be deemed as concluded at the time prescribed by the Terms and Conditions of Travel, and the Company shall act as an intermediary to arrange a reservation(s) for the accommodation according to the reservation information.
2. When a reservation is made through the Website, the User must confirm the completion of the reservation at the “Reservation Confirmation Page”, a webpage in the Website for the Users to confirm the reservation. Also, the Company sends an email to the email address of the reservation holder to confirm the completed reservation. The Users are recommended to print out and bring such confirmation email to the accommodation.
3. The Users may request a cancellation of travel dates, travel service contents, and any other reservation contents in its entirety in accordance with the agreements concluded with the accommodation (hereinafter collectively referred to in this Article as the “Cancellation”).
4. The Users shall proceed with the Cancellation as prescribed in the preceding Paragraph by entering and sending the necessary information through a web page specified by the Company. However, if a Cancellation is requested after the acceptance period specified by the Company, the User shall directly contact the accommodation or the Company. In such case, the Company shall not be liable for any damage or loss to the User caused by not establishing direct contact.
5. All Users must check the Terms and Conditions of Travel to confirm handling fees and cancellation fees prior to a Cancellation since the Cancellation may incur a cancellation fee and/or other expenses to the User.
6. In the event that the Company determines a reservation to be in violation of these Terms, Travel Contract, laws and ordinances, and/or otherwise inappropriate within reasonable bounds, the accommodation may process a Cancellation of such a reservation against the wishes of the User. In addition, the Company reserves the right to process the Cancellation on behalf of the accommodation if deemed necessary.
7. The Company and the accommodation shall not be liable whatsoever for any damage or loss to the Users caused by a Cancellation as prescribed in the preceding Paragraph, and if a cancellation fee or other expenses arise due to such Cancellation, the User shall not be released from the obligation to make such payment(s).
Article 4. Travel Fees and Payment Methods
The Users shall provide payment for travel fees (accommodation fees, etc.) via the method prescribed by the Terms and Conditions of Travel.
Article 5. Membership Qualification and Registration Procedure
Individuals and organizations shall obtain the membership upon both the acceptance of these Terms and the completion of the membership registration process as specified by the Company. The membership registration shall be completed by the applicant him/herself. Unless permitted by the Company, the membership registration shall not be conducted by a representative. Also, the Company reserves the right to decline membership registration(s) that it deems inappropriate at its own discretion.

Also, the Company may decline the membership registration or freeze the account of an applicant, who applied for registration as prescribed above, if any of the following applies:

1. If the applicant engaged in any activity prohibited by the Terms.
2. If the applicant violated the Terms or deemed to be in danger of such violation by the Company.
3. If any misrepresentation, misentry, or omission is found in all or a part of the registration entry items.
4. If the applicant’s membership of the Website has been canceled in the past.
5. If the applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and the same applicant does not have the consent from the legal representative, the guardian, the curator, or the assistant.
6. If the applicant is an antisocial force or the like (an organized crime group, a member of an organized crime group, an associate member of an organized crime group, a corporate racketeer (Sokaiya), a group engaging in criminal activities under the pretext of conducting social campaigns, a crime group specialized in intellectual crimes, and any other equivalent individuals/groups of aforementioned) or deemed by the Company to have any relationship or involvement with an antisocial force or the like through funding or any other means to maintain or operate such antisocial force, or by supporting or relating to the management of such antisocial force.
7. In any case where the registration is deemed inappropriate by the Company.

Article 6. Entering Membership Information
1. The necessary information for membership registration shall be entered accurately without any false information.
2. Upon use of the Website, registered members shall register their home addresses, employment information, phone numbers, and other information requested by the Company as per the method specified by the Company.
Article 7. Management of Passwords
Members shall be responsible for keeping his/her password in a safe location where other individuals do not have access to it, and managing his/her password appropriately such as by periodically changing the registered email address and password. When the entered email address and password match the registered ones confirmed by the method specified by the Company, the usage shall be deemed to be conducted by the registered member. Even if such usage is conducted by an individual other than the member, such as in the cases of fraudulent use, unauthorized use, or any others, the Company shall not be liable for any damages caused by such usage.
Article 8. Change of Membership Registration Information
If the need to change previously registered information arises, the member shall promptly conduct the modification process him/herself in the method specified by the Company. The Company shall not be liable for any damage or loss caused by the delay in the modification of the registered information by the member. Also, when a transaction is initiated before a modification of the registered information, the transaction shall be processed according to the registered information prior to the modification.
Article 9. Contents of the Website
Members may use the services only within the effective period of membership, within the purpose intended by the Terms, without violating the Terms, and abiding by the methods specified by the Company.
Article 10. Membership Cancellation
When a member wishes to cancel his/her membership, the cancellation process shall be conducted promptly through the method specified by the Company. The member shall lose his/her membership upon the completion of the specified cancellation process.
Article 11. Disclaimer
1. The liabilities of the Company shall be limited to intermediary services pertaining to arranging reservations when a Travel Contract is executed between a User and the Company, and the Company shall not be liable for any other matters unless specially prescribed in the Travel Contract, these Terms, and the like.
2. It is the responsibility of the Users to investigate at their expense whether the usage of the Website violates laws and ordinances, internal regulations of industry associations, etc. as applicable to the Users. The Company does not guarantee that the usage of the Website by the User is in compliance with laws and ordinances, internal regulations of industry associations, etc. as applicable to the Users.
3. Even in cases where a hyperlink to the Website is provided in other websites, or a hyperlink to another website is provided in the Website, the Company shall not be liable whatsoever for matters pertaining to the use or information obtained from websites other than the Website of the Company.
4. The Company shall not be obligated to change or modify the Website in cases where the User’s device, equipment, or software is not suitable for using the Website.
5. The Company shall not be liable whatsoever for any damage caused by an interruption, a delay, or a discontinuation of the Website system due to illegal access, hindrance of, or decline in performance of the telecommunication line, software, hardware, etc.
6. The Company does not guarantees that emails sent by the Company and the online contents related to the Website do not contain harmful materials, such as a computer virus.
7. The Company may provide information in the form of offers or suggestions to the Users when considered appropriate, however, the Company shall not be liable whatsoever for such information or suggestions.
8. The Company shall not be responsible whatsoever for any expense incurred by the use of equipment or telecommunication line necessary to use the Website.
9. The Company shall not be liable whatsoever for any damage that is not attributable to the Company such as damage caused by a User due to violating the Terms or the like, damage caused under the responsibility of a member, and damage caused by an inevitable force.
10. The Company does not guarantee whatsoever whether or not the contents of transactions conducted through the Website by the Users will be satisfactory or useful for the User.
11. In addition all items contained within the preceding Paragraphs, the Company shall not be liable for any damage to the Users caused in relation to using the Website. However, if there was a willful or gross negligence on the part of the Company in operating the Website which resulted in damage to the Users, the Company shall compensate the relevant Users only for the direct and normal damages with the value of the causal transaction as the upper limit.
Article 12. Prohibited Matters
The Users, in using the Website, shall not engage in any of following activities:

1. Violating the Terms, laws and ordinances, and any other agreements set forth by the Company.
2. Causing or inciting to cause an infringement of rights or reputation of the Company or any third party.
3. Sending information to the Company by impersonating any other individual.
4. Using the Website for any purpose other than originally intended.
5. Causing or inciting to cause an infringement of public order and morality.
6. Sending or writing harmful computer programs or the like.
7. Lending, transferring, or reselling the passwords to a third party, or sharing the passwords with a third party.
8. Registering for multiple memberships by the same individual.
9. Causing disturbance by activities such as spam and mass posting.
10. Engaging in solicitation activities for an organization, a service, or an activity that are deemed by the Company to be unrelated to the Website.
11. Engaging in any transactions directly between the Users based on the information provided on the Website without using the service of the Website.
12. Using the information about other Users obtained through the Website without an explicit approval from such Users for any purpose except for using the Website, or providing such information to any third party.
13. Engaging in any other activities that the Company, in its discretion, determines to be inappropriate.
14. Conducting any activities for a commercial purpose through the Website or in relation with the Website, preparing for such purpose, or reselling to or making reservations to fulfill commercial purposes for other parties.
Article 13. Membership Termination
If a member is deemed by the Company to be applicable to any of following items, the Company shall exercise the right to refuse the member from using the Website, through revocation of membership, withdrawal of membership, suspension of usage of all or a part of the Website, transaction cancellations, and any other measure(s) as deemed necessary by the Company. In such case, the Company shall not be liable whatsoever for any damage or loss to the member caused by such measure(s). Also, the member may not request for disclosure of reasons or make any objections against the measure taken by the Company.

1. Violating the Terms, law and ordinances, etc. including any violation(s) in the past.
2. Using the password and/or the Website illegally, or coercing another individual to do so.
3. When the Company determines registered membership information is untrue or inaccurate.
4. When a problem arises with the limit of the credit card.
5. Upon discovery by the Company that a member belongs to or has a relationship with an antisocial force or any organization conducting antisocial activities.
6. Providing the information or contents of another member to a third party without a prior consent.
7. When the Company determines, in its discretion, that it is appropriate to enforce the measure(s) prescribed in this Article.
Article 14. Suspension, Cancellation, or Discontinuation of the Website
The Company may suspend, cancel or discontinue all or a part of the Website due to any of the following items. The Company shall not be liable whatsoever for any damage to the Users or third parties caused by such occurrences. Also, the Company shall give prior notification before proceeding with the suspension, cancellation or discontinuation of the Website through posting on the Website, however, this shall not apply in case of emergencies.

1. When conducting a periodical or urgent system maintenance or inspection of the Website.
2. When operating the Website becomes impossible due to an emergency such as natural disasters, fires, power failures, etc.
3. When providing the services of the Website becomes disabled due to a third party’s illegal access to the Website, a harmful computer program, etc.
4. When providing the services of the Website becomes disabled due to a measure taken in accordance with laws and ordinances.
5. In other circumstances that the Company determines to be inevitable.
Article 15. Dispute Settlement
1. If a trouble, a dispute, or the like arises between a User and a Service Provider, such dispute shall be settled directly between the User and the Service Provider, and the Company shall not be liable whatsoever.
2. In addition to the preceding Paragraph, if a User receives a complaint from another User or a third party in relation to the Website, or a dispute arose with such parties, the User shall promptly notify the Company of such matters and settle the complaint or the dispute within the User’s expense and responsibility, and the User shall report the progress and the result to the Company upon request from the Company.
3. If the Company is requested by a User or a third party to make a payment for an infringement of rights, or any other reasons in relation with another User’s usage of the Website, the User who caused the infringement must compensate the Company for the amount which the Company paid to the other User or third party according to the request.
4. The Company shall not liable whatsoever for any dispute unrelated to the operation of the Website arising between a User and a Service Provider.
5. If a User causes any damage intentionally or negligently to a property, furniture placed in the property, furnishing, etc. provided by the Service Provider, such matter shall be resolved between the Service Provider and the User.
6. Users are recommended to keep cash, valuables, jewelries, pets, etc. in a safe location to avoid any dispute arising between the Users and relevant parties.
Article 16. Preservation of Information
The Company may preserve messages and other information received and sent by the Users for operational purposes for a certain period of time, however, preserving such information shall not be an obligation of the Company. The Company may delete any of such information at any time. Also, the Company shall not be liable for any damage to the Users caused by a measure taken by the Company in accordance with this Article.
Article 17. Ownership of Rights
The ownership rights and the intellectual property rights in relation to the Website belong entirely to the Company and/or the licensor of the Company. The permission to use the Website granted based on the registration process prescribed in this Terms shall not allow the Users to use the intellectual property rights of the Company and/or the licensor of the Company in relation to the Company’s website and/or the Website. The Users shall not engage in any activities that may cause an infringement to the intellectual property rights (including but not limited to disassembling, decompiling, and reverse engineering) of the Company and/or the licensor of the Company for any reason whatsoever.
Article 18. Personal Information
The Company shall manage the Users’ personal information in accordance with the Privacy Policy provided separately, and the Users shall agree to such policy. The Company may create and use a statistical data based on the Users’ personal information in a way that each individual is unidentifiable.
Article 19. Publishing Advertisement
The Company may publish advertisements deemed appropriate on the Website at the Company’s discretion. The Company shall not be liable for any damage or loss to a User or a third party caused by the advertisement published on the Website.
Article 20. Revision of Terms
The Company may voluntarily revise or provide supplemental terms without consent of the Users. The revised Terms shall be effective as of the moment posted on the Website unless separately specified by the Company. A User shall be deemed to agree to the revised Terms if the User used the service of the Website after the revised Terms become effective or do not conduct the membership cancellation process within the period specified by the Company.
Article 21. Transferring Status Based on the Terms
1. Users may not transfer, change, collateralize, or conduct any other measures on the status or the rights and/or obligations obtained through concluding this Terms between the Company and the Users to a third party without the consent of the Company in writing in advance.
2. In the event that the Company transfers the business pertaining to the Website to another company, the Company may transfer the status, rights, and obligations of the Company based the Terms, the User registration information, and other client information to the transferee of such business transfer. The Users shall be deemed to agree to such transfer beforehand in accordance with this Paragraph. Also, the business transfer described in this Paragraph includes not only a normal business transfer but any type of change in business such as a company split.
Article 22. Possibility of Separation
In the event that any Articles or a part of an Article of this Terms is deemed invalid or unenforceable in accordance with the Consumer Contract Act or any other laws and ordinances, the rest of the terms and conditions of this Terms shall remain completely effective. Further, the Company and the Users shall make modifications as necessary in order to make the invalid and unenforceable Article or a part of the Article legitimate and enforceable, and endeavor to reestablish its purpose and legal and economical effectiveness to be equivalent to the invalid and unenforceable Article or a part of the Article.
Article 23. Governing Law and Jurisdiction
The Terms shall be governed by the laws of Japan. All disputes relevant to the Terms between the Users and the Company shall be subject to the exclusive jurisdiction by consent of Naha District Court as court of first instance.

Note: This Terms of Use is in Japanese, and this is the English translations of the original text. The Japanese language text shall prevail in the event of a conflict between the Japanese version and the English version.



The above
As of October 1, 2015
Secretary of Japan Tourism Agency registration travel agency 155th
General corporate judicial person Japan Association of Travel Agents guarantee employee
1-2-3, Matsuo, Naha-shi, Okinawa
Okinawa Tourist Service