- Cozy Japan HOME
Chapter 1 General Provisions
Article 1 (Application of the Terms)
- The Terms shall apply to individuals who have registered as members of the Services (hereinafter referred to as “Members”), and by using the Services, Members shall be assumed to have agreed to the Terms.
- Observations and cautions posted on the Site by the Company (hereinafter referred to as “the Cautions, etc.”) shall respectively constitute part of the Terms, and Members shall be required to confirm the Terms and the Cautions, etc. in each case of using the Services.
Article 2 (Revision of the Terms)
The Company may revise the Terms and the Cautions, etc. at its discretion, without giving any advance notification to Members. In this case, the Company shall assume that the revised Terms are effective as of the date of revision by posting the revised Terms on the Site of the Services, and Members shall accept such conditions in advance.
Chapter 2 The Services
Article 3 (The Services)
- The Company shall provide the Members who have completed the membership registration as stipulated in Article 6 (Membership Registration) with the services for Members (hereinafter referred to as “the Services”) as stipulated in each of the following items:
- (1) Reservation of accommodation facilities (hereinafter referred to as “Reservation Service”)
- (2) Viewing of reservation/lodging records and access to My Page function where bookmarks are enabled
- (3) E-mail newsletter
- (4) Posting of accommodation facilities review
Article 4 (Use of the Services)
Members shall be responsible for preparing the equipment and software/communication means, etc. necessary for using the Services, at their own expense, and the Company shall not in any way be responsible for the preparation, means, etc. for Members to use the Services.
Article 5 (Temporary Discontinuation of the Site and the Services)
In any of the following cases, the Company may temporarily discontinue the Site and the Services without giving any prior notice to the Members.
- (1) Performing maintenance or making modifications to the specifications of the Site or the Services;
- (2) It becomes impossible to operate the Site or the Services due to the occurrence or possibility of occurrence of a state of emergency such as a natural disaster, etc.; or
- (3) The Company determines that it is necessary to temporarily discontinue the operation of the Site or the Services due to unavoidable circumstances.
Chapter 3 Membership Registration
Article 6 (Membership Registration)
- An individual who wishes to use the Services must fill out an application for registration of membership.
- Applicants for membership registration shall be limited to individuals, and only one application may be submitted per individual. In the event that multiple membership applications are identified for one individual, the Company shall cancel or delete all of the applications of such individual including the membership qualification already registered.
- Membership registration shall come into effect at the time that the Company indicates on the Site that the membership registration has been completed and approved by confirming the application made by the registration applicant pursuant to Paragraph 1.
- If a registration applicant falls under any of the following items, the Company may not accept the membership registration:
- (1) The applicant makes false entries, omissions or errors in the membership information;
- (2) The applicant’s membership qualification for the Services, etc. has been cancelled in the past;
- (3) The applicant fills out the membership registration form by using another person’s information or false information;
- (4) It is discovered that the applicant has violated or is likely to violate the Terms and the Cautions, etc.; or
- (5) The Company determines that acceptance/approval of the membership registration would be inappropriate due to valid reasons.
- Even if the membership registration applicant judges a disapproval decision to be inappropriate, the Company shall not disclose the reasons for such decision. If it is determined that an approval decision was inappropriate, the Company may cancel and delete the membership qualification.
Article 7 (Membership Information)
- The Company shall obtain the personal information for the following purposes from users upon their registration as members. The Company shall not provide the personal information of members to any third party outside of the scope of the purpose of use without the prior consent of members.
- Purpose of Use
- (1) Provision of member services
(2) Site notices and advertising delivery etc.
(3) Delivery of mail magazine about this service
(4) Delivery of campaign, sweepstakes, questionnaires etc.
(5) Creation of statistics
- Obtained Personal Information
- (1) Email address
(4) Date of birth
- In the event of changes to their registered personal information, members shall promptly provide notice of the changes using the prescribed form.
- When notification does not reach users due to discrepancies or errors in member registration information, or when such hinders the use of the service, the Company shall bear no liability.
- The Company may disclose the personal information of members which it has acquired based on legal requests for the disclosure of information from public institutions such as police, prosecutors or courts. The personal information of members may also be disclosed when necessary in the event of a clear and current risk to the protection of the Company services, property or rights, or to human life, or other emergency. In this case, the Company shall incur no liability.
Article 8 (Account)
- The Company shall lend an ID and a password, which are necessary in order to use the Services (hereinafter referred to as the “Account”), to each Member.
- Members must not assign, sublease or furnish as security their Account to any third party.
- Members must not disclose their Account to any third party without the approval of the Company.
- Members shall responsibly manage their Account, and even if a third party uses or has used the Account due to insufficient management, fault in usage or other situation such as fraudulent use, etc., the Company shall not be liable for any damages caused by such situation.
- In the event of the discovery that the Account has been fraudulently used by a third party, the Member shall immediately notify the Company to that effect and shall follow the instructions from the Company.
Article 9 (Withdrawal from Membership)
In the event that a Member wishes to cancel his/her membership, the Member shall apply for withdrawal from membership according to the procedure prescribed by the Company, after which the Company shall finalize the procedure and the withdrawal will become effective.
Chapter 4 Reservation Service
Article 10 (Reservation Service and Establishment of Usage Contract)
- Reservation Service means the service for Members that enables the application for reservation concerning the use of the guest rooms or facilities, etc. registered on the Site (hereinafter referred to as “Guest Rooms, etc.”) by facilities such as hotels, etc. (hereinafter referred to as “the Posted Facilities”).
- When a Member applies for a reservation concerning the use of Guest Rooms, etc. on the Site, a Reservation Reference Number shall be computer-generated by the Site, and at the time that the Reservation Reference Number is posted on the screen display of the personal computer or mobile terminal of the Member who made the application, a contract (which means an agreement of accommodation or a contract for usage of the facility or services; hereinafter referred to collectively as “Usage Contract”) between the Posted Facility and the Member concerning the use of the said Guest Rooms, etc. shall be executed. However, even if a Reservation Reference Number is not indicated on the screen display of the personal computer or mobile terminal of the Member for any reason such as communication delay or equipment failure, etc., despite the fact that a Reservation Reference Number has been issued, the Usage Contract shall be established at the time that the contents of the reservation can be confirmed by the Member by using the “Referral, Revision, Cancellation” function on the Site.
- In the case of the preceding paragraph, for the purpose of evidencing the establishment of the Usage Contract, the Company shall send a Reservation Confirmation Mail indicating the Reservation Reference Number to the e-mail address designated by the Member in advance; provided, however, that even under such circumstances where the Member is unable to receive the Reservation Confirmation Mail due to reasons not attributable to the Company such as communication delay or incorrectly input e-mail address, etc., such situation shall not affect the establishment of the Usage Contract.
- In the case where a Member terminates (hereinafter referred to as “Cancellation”) or revises the Usage Contract after the establishment of the Usage Contract between the Posted Facility and the Member pursuant to the provisions of this article, the Member shall be liable for a service charge (hereinafter referred to as “Cancellation Fee”) specified by the said Posted Facility, and the Member shall approve the same in advance.
Article 11 (Payment Method for Charges)
- Members shall pay the usage charges of the Posted Facility reserved by using the Reservation Service to the Company, which is entrusted with the charge collection service from the Posted Facility, by using one of the credit cards designated by the Company. In this regard, on the invoice from the credit card company, the Company’s name will be indicated as the name of the used facility.
- The credit cards that may be used for payment pursuant to the preceding paragraph shall be limited to credit cards under the Member’s name.
- Members must not engage in any dishonest conduct concerning credit cards such as using another person’s credit card or entering false credit card information, etc. or any other conduct that the Company deems inappropriate. The Company may seek compensation from such Member for the damages caused by such conduct.
- In a case where taxes other than service charges and consumption tax (hotel tax, bathing tax, various taxes and various charges overseas; hereinafter referred to as “Hotel Tax, etc.”) and separately utilized food and drink charges and other charges not included in the planned fees such as charges for children, etc. occur for the usage charges of the Guest Rooms, etc. reserved by using the Reservation Services, the Member shall pay the prescribed amounts directly to the Posted Facility.
Article 12 (Concept of Usage Charges)
- The information concerning unoccupied room situations or usage charges, etc. provided on the Site means the usage charges under the Services, and Members shall accept in advance that there may be differences between the usage charges under the Services and the information provided by other reservation sites, etc., and Members shall use the Reservation Services based on such understanding.
- Usage charges include consumption tax and local consumption tax; however, in the case of service charges and various other taxes (bathing tax/Hotel Tax, etc.), such consumption taxes are sometimes included and sometimes not included.
- In a case where the usage charges are revised after the establishment of the Usage Contract and thereafter the Member revises the Usage Contract, the usage charges after the revision shall be applied to the said Usage Contract; provided, however, that if the contents of the revision are limited to a reduction in the number of accommodation days and/or number of rooms, the usage charges before the revision shall be applied to such Usage Contract.
Article 13 (Cancellation, Revision of Usage Contract and Cancellation without Notification)
- Cancellation and revision of a Usage Contract (limited to a reduction in the time schedule; hereinafter together with cancellation referred to as “Cancellation, etc.”) shall be performed, through the “My Page Screen Display” on the Site, after confirming the contents of the reservation, by the Member who executed such Usage Contract, based on the procedures prescribed by the Company, in accordance with the cancellation policy stipulated by the Posted Facility. In this regard, the Cancellation, etc. of the Usage Contract shall become effective at the time that the indication to the effect that the Cancellation, etc. was established is displayed through the “My Page Screen Display” on the Site.
- If any damages are incurred by the said Posted Facility as a result of the Cancellation, etc. of the Usage Contract that was executed without following the procedures stipulated in the preceding paragraph, the Member shall be liable for the compensation of such damages.
- If a Member executes the Cancellation, etc. of a Usage Contract, said Member shall pay the Cancellation Fee as stipulated by the said Posted Facility corresponding to the period from the date that the Cancellation, etc. was executed until the date of usage of the Guest Rooms, etc. to the Company, which is entrusted with the charge collection service from the said Posted Facility, by using one of the credit cards designated by the Company at the time of executing the Usage Contract.
- If a Member fails to use the said Posted Facility on the date of usage of the Guest Rooms, etc. stipulated in the Usage Contract without any notification in advance (hereinafter referred to as “Cancellation without Notification”), said Member shall pay the usage charges to the Company, which is entrusted with the charge collection service from the said Posted Facility, by using one of the credit cards designated by the Company at the time of executing the Usage Contract. In this regard, in the cases of the preceding two paragraphs, the Company’s name will be indicated as the name of the reserved facility on the invoice from the credit card company.
- The Company and the Posted Facility, at the discretion of the Company, are entitled to take necessary measures such as disqualification of membership (including legal measures) against the Member who executed a Cancellation without Notification, and said Member shall not argue with such treatment.
- In a case where it is judged by the Company that the purpose, etc. of using the Guest Rooms, etc. by the Member would violate, or possibly violate any laws, etc., or that the use, etc. of the Guest Rooms, etc. by said Member would be considered inappropriate, even if the Member does not wish to cancel the Usage Contract, the Company and the said Posted Facility are entitled to terminate the said Usage Contract, and shall not be held liable for any damages incurred by said Member due to such termination of the Usage Contract.
- In the case where a Member is unable to complete the procedures for Cancellation, etc. stipulated in Paragraph 1 due to such situation that the usage limit amount of the credit card has been exceeded or the usage period of the credit card has expired, etc., the Member shall give notification of Cancellation directly to the Posted Facility, and if there is no such notification, the Member shall accept in advance that such situation will be deemed to be the Cancellation without Notification.
Article 14 (Deletion and Addition of the Posted Facilities on the Site)
- The Posted Facilities on the Site shall be subject to variation (including addition of Guest Rooms, etc. and termination of posting; the same shall apply hereinafter in this article) without giving advance notification to Members due to reasons of the Company or the Posted Facilities, and Members shall approve such changes in advance.
- In the case where a Usage Contract has been established between a Member and the said Posted Facility, such Usage Contract shall remain in effect, and the revision of the Posted Facility shall not in any way affect the said Usage Contract.
Article 15 (Responsibility of the Company)
- The Guest Rooms, etc. registered on the Site shall be provided under the responsibility of the Posted Facilities. Accordingly, the Company shall not in any way be responsible for the supply of Guest Rooms, etc.
- The Company shall not be obliged to investigate the situation of Guest Rooms, etc. and the business status, etc. of the Posted Facilities.
- With regard to the information concerning the Posted Facilities posted on the Site such as the condition of the Guest Rooms, etc., the Company does not in any way assure the accuracy, completeness and usability, etc. of such information. The Company shall not be responsible for any problems related to Guest Rooms, etc. or for any and all problems that occur between a Member and one of the Posted Facilities.
- The Company shall not in any way be responsible for any damages incurred by a Member as a result of a natural disaster, line congestion, suspension caused by failure or maintenance of equipment, loss, delay, wrong transmission of information caused by expiration, etc. of one of the Posted Facilities, or information alteration and leakage, etc. by a third party.
- In the event that any compensation for which the Company is liable occurs for any reason concerning the provision of the Services, the Company shall compensate for actual damages that directly occurred.
Chapter 5 In General
Article 16 (Protection of Personal Information)
- Members’ personal information held by the Company shall be treated appropriately based on the “Personal Information Protection Policy” separately stipulated by the Company and “About the Treatment of Personal Information ”.
- In addition to the preceding paragraph, the Company may use the personal information of Members for any (not necessarily only one) of the purposes listed below:
- (1) Provision of the Services to Members
- (2) Management of Members
- (3) Communication of matters necessary for the operation of the Services
- (4) Correspondence service for inquiries from Members
- (5) Advertisement, publicity, sales solicitation of services, etc. of the Company and third parties
- (6) Operations concerning the Services such as campaigns, questionnaires, etc.
- (7) Analysis of investigations, questionnaires and marketing, which is necessary for reviewing new services
- (8) Distribution or provision of guidance, etc. of the most suitable content, advertisement and various services
- (9) In the case of distributing advertisements, etc. in the Services, investigation of the number of membership registration applicants of any alliance partner’s site and number of inducements for the site of the Company and any alliance partner
- (10) Investigation within the Company concerning the usage situation and usage environment of the Company’s services to an extent that does not identify individuals, and reporting within the Company and to alliance partners, etc.
- The Company shall not disclose the personal information of the Members to any party other than the contractor entrusted with the operations of the Services with whom the Company has executed a confidentiality agreement; provided, however, that this shall not apply to any of the following cases:
- (1) The Company obtains the consent of the Member in advance;
- (2) Disclosure is required by law/regulation, in a case where disclosure is required in the course of due process of law for a criminal investigation, etc., or in a case where the Company receives an inquiry based on reasonable grounds from a public institution such as a consumer information center, bar association, etc.
- (3) Disclosure becomes necessary in the process of business succession due to merger, transfer of business or other reason, or
- (4) Disclosure is necessary to protect the life or body of a human being, or property, and it is difficult to obtain the consent of the Member himself/herself.
- In addition to each of the preceding items, the Company may provide the personal information of Members in the following cases:
- Purpose of providing information to third party
- Item of personal information to be provided
- Means or method of provision
- The party, or types and attributes of organizations that receive such personal information
- For the settlement of payment
- Name, credit card number, expire date of credit card, charge
- Electronic data
- Payment agency business operator, Financial Institution
- The Company may entrust to a third party all or part of the operations within the scope of the purposes of Paragraph 1 and Paragraph 2 of this article in accordance with the “Personal Information Protection Policy” and “About the Treatment of Personal Information” separately stipulated by the Company.
- A Member may confirm, revise or renew the contents of his/her personal information by using the revision screen of the personal information.
- In order for the Company or advertiser (including a third party related to the advertisement) to track the effect of marketing or advertising activities, the Company may set and use a cookie or a code similar to a cookie. However, even in that case, the Company shall not collect any information that may identify an individual person.
Article 17 (Matters to be Observed by Members)
- With regard to the information that may be obtained by using the Site, without obtaining the approval of the Company and the Posted Facility, for purposes other than the purpose of making an application for reservation of Guest Rooms, etc., or using the Posted Facility, a Member must not duplicate/transmit such information or make such information available for transmitting, or regardless of the method, must not provide such information for posting and utilizing by a third party.
- Members shall be responsible for fulfilling the Usage Contract, and any inquiries and requirements, etc. concerning Guest Rooms, etc. shall be directly addressed to the said Posted Facility. The Company shall not be involved in such matters.
- Members shall fully understand and comply with the terms, conditions and regulations separately stipulated by the Posted Facility.
- In using the Services, Members shall not perform the following acts:
- (1) Act of transmitting or entering information by stealing a third party’s identity;
- (2) Act of using the Services by way of a method other than the one approved by the Company;
- (3) Act of transmitting or writing a harmful computer program, or transmitting e-mail spam, chain letters, junk e-mail, etc.;
- (4) Act infringing or likely to infringe on any copyrights or other intellectual property rights of the Company or any third party;
- (5) Act of defaming, slandering or disparaging the Company, the Posted Facility or any third party;
- (6) Act of releasing information, documents and drawings, etc. with contents offensive to public order and morals;
- (7) Act of registering false or insufficient information with regard to the name, address, telephone number, e-mail address, credit card number, etc. of the Member, regardless of whether or not it is intentional;
- (8) Non-payment of Cancellation Fee or usage charges (regardless of the reason);
- (9) Behavior disturbing to the Posted Facility, the Company or any third party, including violent behavior at the Posted Facility;
- (10) Act of making a reservation, recognized as being impossible, for the use of Guest Rooms, etc., including the reservation of the multiple Posted Facilities on the same date;
- (11) Act of making a reservation recognized as being for the purpose of reselling to a third party or conducting business;
- (12) Other acts violating or likely to violate laws and regulations.
- In a case where the Company, any of the Posted Facilities or any third party incurs damages due to the act of a Member that falls under any one the preceding cases, such Member shall be liable to compensate for all of the damages, and the Company shall not in any way be responsible.
- In a case where the Company terminates the Usage Contract concerning the usage of Guest Rooms, etc., in accordance with the provisions of Article 13 (Cancellation, Revision of Usage Contract and Cancellation without Notification), such Member shall pay the Cancellation Fee to the said Posted Facility.
- If a Member has any complaints concerning the Guest Rooms, etc., such Member shall raise the complaint to the said Posted Facility on the scene, and shall not be entitled to raise the complaint against the Company.
Article 18 (Violation of Matters to be Observed by Members)
- In a case where a Member performs or is deemed by the Company to perform an act in violation of the matters stipulated in either of the preceding paragraphs, or otherwise performs an act that is deemed by the Company to be inappropriate in operating the Services, the Company reserves the right to terminate all Usage Contracts between such Member and the Posted Facility, and the right to delete all of the Usage Contract information on the “My Page Screen Display” of the Site, and in addition, the Company shall be entitled to stop the usage of the Services by such Member or rescind the membership qualification of such Member, and take necessary measures such as the request for indemnity, etc. (including legal measures).
- With regard to the provisions of the preceding paragraph, the Company shall assume that there may be a case where the Company may confirm with the said Member the details of the act performed by such Member, and such Member shall be liable to respond to such requirement.
Article 19 (Prohibition of Assignment of Rights and Obligations)
Members must not assign or furnish as security to any third party their status as a person with permission to use the Services and the rights and obligations based on such status except in the case where the Company approves the situation in advance.
Article 20 (Representation and Warranty concerning Anti-Social Forces)
Members shall represent and warrant that they do not belong to any gangs, enterprises/entities related to gangs, or otherwise any other anti-social forces (hereinafter referred to as “Anti-Social Forces”), that they are not governed or under the influence of any Anti-Social Forces, and that they are neither a constituent member nor a concerned personnel of any Anti-Social Forces.
Article 21 (Governing Law and Jurisdiction)
The Terms are governed by Japanese laws, and in the case of a dispute arising over the Terms, the Tokyo District Court or Tokyo Summary Court shall have exclusive jurisdiction of the first instance.
Date of Enactment: October 21, 2015