Terms

Chapter 1 General Provisions
Article 1 (Object ive and Application of These Terms)

1. The objective of these Terms is to prescribe the conditions, precautions, etc., for the use of the Service, and these Terms shall be applied to all relationships between the Company and the user of the Service concerning the use of the Service.
2. In addition to these Terms, the Service shall be subject to the application of the terms and conditions stated below (hereinafter referred to as “Various Terms,” collectively referred to with these Terms as "these Terms, Etc."), as well as the Travel Agency Terms and Conditions and Conditions Sheet prescribed by the Company (https://www.odakyu-travel.co.jp/yak-jouken/index.html).
3. The user of the Service, when using the Service, in addition to these Terms, Etc., shall comply with the prescribed usage conditions and usage precautions (hereinafter referred to as “Individual Service Usage Terms”) for the various service content provided on the Service (hereinafter referred to as “Individual Service,” collectively referred to with the Service as “the Service, Etc.”).
4. In the event of a conflict between the provisions of these Terms and the provisions of the Various Terms or Individual Service Usage Terms of the preceding two Paragraphs, such terms shall be applied in the priority order of the Individual Service Usage Terms, Various Terms, and then these Terms, within the range permitted under laws and regulations.

Chapter 1 General Provisions
Article 1 (Object ive and Application of These Terms)

The user, in order to use the Service, must approve the content of these Terms, Etc., and register as a member of the Hakone Trip Website (hereinafter referred to as “the Member”).

Article 3 (Registration Procedures)

1. A person who intends to use the Service (hereinafter referred to as “Prospective Member”) may file an application with the Company to register as the Member by agreeing to comply with these Terms, Etc., and providing to the Company the certain matters prescribed by the Company (hereinafter referred to as “Registration Items”) by the method of input on the Company's Website.
2. The Company shall make a decision on whether or not to allow the registration of the Prospective Member who has filed the registration application based on Paragraph 1 (hereinafter referred to as “Registration Applicant”) in accordance with the standards prescribed by the Company, and if the Company approves the registration, the Company shall notify the Registration Applicant of this. The registration of the Registration Applicant as the Member shall be completed upon the issuance by the Company of the notification of this Paragraph.
3. Upon the completion of registration as the Member, a service usage agreement for the Service (hereinafter referred to as "the Service Usage Agreement") shall be established between the Company and the Member, and the Member will become able to use the Service in accordance with these Terms, Etc.
4. The Company, in the event of the Registration Applicant falling applicable under any of the following items, may refuse the Member’s registration or re-registration. In such a case, the Company shall not bear any obligation to disclose the reason for the refusal of registration.
   1. In the event of falsehood, error, or omission in all or a part of the Registration Items provided to the Company
   2. In the event of being a minor, an adult ward, a person subject to curatorship, or a person subject to assistance, and the consent of the legal representative, guardian, curator, or assistant has not been obtained
   3.  In the event of being an antisocial force, etc. (refers to an organized crime group, an organized crime group member, a person who has been an organized crime group member within the past five years, a quasi-member of an organized crime group, a company affiliated with an organized crime group, an extortionist, etc., a violent social movement, an organized crime syndicate, or other party equivalent to these. Hereinafter the same), or in the event of the Company's determining that there is any kind of interaction or involvement with an antisocial force, etc., such as cooperation or involvement with the maintenance, operation, or management of an antisocial force, etc., including through the provision of funds, etc.
   4.  In the event of the Company's determining that the person previously violated a contract with the Company or is a stakeholder of such a person
   5. In the event of having become subject to the measures prescribed in Article 10 (Revocation of Membership Registration and Suspension of Use of Special Benefits) of these Terms
   6. In other cases where the Company has determined that registration of the Member would not be appropriate

Article 4 (Changes to Registration Items)

In the event of a change having arisen to Registration Items, the Member shall promptly change the Registration Items by the method prescribed by the Company. The Company shall not bear any responsibility if the use of the Service by the Member is impeded or harmed due to the inadequacy or error in changes to Registration Items by the Member.

Article 5 (Password and User ID, Etc., Management)

1. The Member, at their own responsibility, shall appropriately manage and store the password and user ID, etc., for the Service and shall not make them available, lend, assign, transfer the title, buy and sell to third parties, or perform any other equivalent acts.
2. The Member shall bear responsibility for damage incurred due to insufficient management or erroneous usage by the Member, third-party usage, etc., of a password or user ID, etc.
3.  The Member may not use another Member’s password or user ID, etc., to use the Service. In the event of the Member having used another Member’s password or user ID, etc., to use the Service, the Member shall immediately compensate for all damage incurred as a result of this and, in addition, shall resolve all disputes that have arisen at its own responsibility and expense.

Chapter 3 Precautions for Use of the Service
Article 6 (Prohibitions)

The Member, when using the Service, must not perform any acts that fall applicable under the following items or any acts that the Company deems to fall applicable under these.

1. Unauthorized access or the unauthorized attacking of the Service, or an act that may fall applicable as this
2. Any act that makes the provision of the Service impossible, or any other act that causes an impediment to the provision and operation of the Service, or an act that may fall applicable as this
3. The use of the Service for commercial or for-profit purposes without the prior written consent of the Company, and the provision of the Service usage to third parties
4. The purchase or resale of individual service usage rights that can be reserved or purchased on the Service for commercial or for-profit purposes without the permission of the Company (including but not limited to the transfer to a third party of individual service usage rights that have been purchased on the Service at a price that exceeds the purchase price.)
5. The use of the Service in combination with another application or another service, excluding individual services
6. The reverse engineering of the Service, such as decompiling or disassembly
7. An act that impedes the operating activities of the Company or which may cause such impediment
8. Acts of impersonating a third party or using the password or user ID, etc., of a third party to use the Service
9. Acts that harm the privacy of a third party or which may cause such harm
10. Acts that infringe upon the intellectual property rights, such as copyright and trademark rights, or other rights of the Company or a third party, or that may cause such infringement
11. Acts that slander the Company or a third party
12. Acts that cause disadvantage or damage to the Company or a third party or acts that may cause this
13. Criminal acts, acts that lead to criminal acts, or acts that may cause this
14. Acts that violate these Terms, Etc., or the Individual Service Usage Terms
15. Acts that are contrary to the law or public order and morals, acts that may cause this, or acts of providing information to a third party contrary to public order and morals
16. Election campaigns or similar acts
17. Acts relating to adult entertainment, religion, or politics
18. Acts that directly or indirectly cause the acts of each of the preceding items, acts that facilitate such acts, or acts involving an attempt to perform an act of any of the preceding items
19. In addition to each of the preceding items, other acts deemed inappropriate by the Company

Article 7 (Suspension of the Service Provision)

In the event of any of the following being applicable, the Company may temporarily suspend the operation or provision of the Service without notification or notice to the Member. In such a case, the Company shall not bear responsibility for the damage incurred to the Member.

1. In the event of regular or emergency maintenance being performed on the Service or a system relating to the Service
2. In the event of the provision of the Service having become impossible or difficult due to war, riot, disorder, labor dispute, earthquake, volcanic eruption, flooding, tsunami, fire, power outage, or other natural disaster or emergency situation
3. In the event of the communications service used for the Service having been suspended or having incurred a malfunction
4. In other cases where the Company has determined that the temporary suspension of the provision of the Service is necessary for the operation of the Service

Article 8 (Attribution of Rights)

1. Intellectual property rights such as copyright, trademark rights, and design rights relating to information such as the text, images, photographs, voice recordings, and videos provided in the Service (hereinafter referred to as “Copyrighted Work, Etc.”) shall be attributable to the Company or its licensor. The provision of the Service based on these Terms shall not constitute the licensing of the use of copyright or other intellectual property rights for the Copyrighted Work, Etc., provided on the Service. The Member may use the Copyrighted Work, Etc., obtained through the Service only within the range explicitly permitted in the Service or the range allowed under laws such as the Copyright Act.
2. The Member represents and warrants to the Company, in regard to the copyrighted work created through entry or transmission, etc., to the Service by the Member (hereinafter referred to as “User's Copyrighted Work”), that they hold the legal right of entry or transmission, etc., of such User's Copyrighted Work, and that such entry or transmission, etc., does not infringe upon the rights of a third party.
3. Copyright (including the rights prescribed in Article 27 and Article 28 of the Copyright Act) and all other rights relating to the User’s Copyrighted Work shall be attributable to the Company. 4. The Member shall not exercise the moral rights of the author against the Company in relation to the User’s Copyrighted Work.

Chapter 4 Ending of the Service Usage Agreement
Article 9 (Withdrawal)

1. The Member may withdraw their position as the Member by following the procedures specified by the Company.
2. In the event of the withdrawal procedures prescribed in the preceding Paragraph being completed or in the event of the Service Usage Agreement being terminated in accordance with these Terms, Etc., the Service Usage Agreement shall end.
3. The Member, upon the ending of the Service Usage Agreement, shall become unable to use the Service and shall forfeit all rights relating to the use of the Service.
4. Upon the ending of the Service Usage Agreement, the Member shall lose the benefit of time as a matter of course for all obligations borne to the Company through the Service and must immediately perform all subject obligations to the Company.

Article 10 (Revocation of Membership Registration and Suspension of Use of Special Benefits)

The Company, in the event of the Member falling applicable under the grounds of any of the following items, may temporarily suspend the use of the Service by the Member, revoke the registration of the Member, or terminate the Service Usage Agreement, without any prior notification or notice.

1. In the event of violating any of the provisions of these Terms, Etc.
2. In the event of the Company having determined it applicable under any of the grounds set forth in the items of Article 3 Paragraph 4 of these Terms
3. In the event of having violated the usage terms and conditions, etc., for another service provided by the Company or an affiliate of the Company, or in the event of the Company having determined that such a violation was made in the past
4. In addition to each of the preceding items, in the event of having performed an act that significantly damages the relationship of trust with the Company or an affiliate of the Company
5. In addition to each of the preceding items, in the event of the Company deeming the user to be inappropriate as a user

Chapter 5 Handling of Personal Information
Article 11 Protection and Use of Personal Information

The Company shall appropriately handle the personal information of customers, including the Member, that is obtained by the Company through the Service or the Company’s Website based on the Personal Information Protection Policy prescribed by the Company (https://hakonetrip.odakyu-global.com/privacy-policy/) and laws relating to the protection of personal information.

Chapter 6 (Other Matters)
Article 12 (Guarantee and Disclaimer)

1. The Company does not make any guarantee, either explicit or implicit, regarding the accuracy, completeness, currentness, usefulness, or behavior and quality, etc., of the use of the Service or its provision, or that the use of the Service by the Member is compliance with laws and internal rules, etc., that apply to the Member, or that continuous use will be available, or that malfunctions shall not occur.
2. The liability of the Company due to or in relation to the Service shall be waived, regardless of whether due to default or other cause, as long as there is no intent or gross negligence on the part of the Company. However, this shall not apply if the Service Usage Agreement between the Member and the Company falls applicable as a consumer contract prescribed in Article 2 Paragraph 3 of the Consumer Contract Act.
3. The Company shall not bear any responsibility for the unavailability for use by the Member of all or a part of the Service that is not caused by a reason attributable to the Company.

Article 13 (Obligations of the Member)

1. In the event of damage having been caused to the Company or a third party as a result of a violation of these Terms, Etc., false notification, or other unlawful or unauthorized use of the Service by the Member, in addition to taking the measures prescribed in Article 10 (Revocation of Membership Registration and Suspension of Use of Special Benefits), the Company may claim suitable compensation for damages (including attorney fees) from such Member. In such a case, the Member shall provide compensation for damages in accordance with the request of the Company.
2. In the event that the Member causes damage to a third party through the use of the Service, such Member shall resolve the matter at its own responsibility and expense and shall hold harmless the Company from and against any damage, etc.

Article 14 (Usage Environment, Etc.)

The Member, when using the Service, shall prepare the necessary usage environment in its entirety, including communications equipment, software, and public lines, at its own responsibility and expense. The Company shall not bear any responsibility for any impediment or other negative effect caused to the use of the Service due to or in relation to the usage environment of the Member. Please check the  Hakone Trip website for information on the recommended environment for the Service (https://hakonetrip.odakyu-global.com/site-policy/).

Article 15 (Transfer of Position, Etc., Under the Service Usage Agreement)

1. The Member must not transfer their membership, position under the Service Usage Agreement, or rights or obligations under these Terms, Etc., to a third party, or loan, forward, set as collateral, or dispose of these in any other manner, without the prior written consent of the Company.
2. The Company, in the event of having transferred the business relating to the Service to a third party (includes where through an ordinary business transfer, as well as where through a corporate split or the transfer of business in any other form, hereinafter referred to as “Business Transfer, Etc.”), may have its position under the Service Usage Agreement, and the rights and obligations of the Company under these Terms, Etc., as well as the Registration Items and other information of the Member, transferred to the transferee of such Business Transfer, Etc., in conjunction with such Business Transfer, Etc. The Member shall give their prior consent in this Paragraph to such a transfer.

Article 16 (Changing and Ending of the Service)

The Company may arbitrarily change all or a part of the content of the Service (includes the content relating to the systems for the Service) or may end the provision of the Service without prior notice to the Member.

Article 17 (Changing of these Terms, Etc.)

The Company, if deemed necessary by the Company, may change these Terms without the agreement of the Member. In the event of a change being made to these Terms, Etc., the Company shall raise awareness of the fact of the change, the timing of the implementation of the changed Terms, Etc., as well as the content of such changes by posting this information on its website, or by another appropriate method separately prescribed by the Company, or shall notify the Member. However, in the case of a change that requires the agreement of the Member by law, the agreement of the Member shall be obtained by the method separately prescribed by the Company.

Article 18 (Notifications from the Company)

1. The Company shall notify the Member of the matters deemed necessary from time to time in relation to the Service by posting them on the Company's Website, sending them by email, or by another method determined to be appropriate by the Company.
2. A notification of the preceding Paragraph, in the event of the notification having been posted by the Company on the Company's Website, shall enter into effect at the time it is posted, and if sent by email or postal mail, etc., shall enter into effect at the time that such email, etc., was sent.

Article 19 (Severability)

Even in the event of all or a part of the clauses of these Terms, Etc., having been judged to be invalid or unenforceable pursuant to the Consumer Contract Act or other laws, the remaining provisions of these Terms, Etc., and the remaining portion of the provisions where a part was determined to be invalid or unenforceable shall remain in full force and effect.

Article 20 (Governing Law and Jurisdiction)

1. The governing law of these Terms, Etc., and the Service Usage Agreement shall be the law of Japan, and these shall be construed in accordance with Japanese law.
2. In the event of a dispute having arisen between the Member and the Company due to or in relation to these Terms, Etc., or the Service, this shall be resolved through consultation in good faith between the parties.
3. The Tokyo District Court or the Tokyo Summary Court shall be the agreed court of exclusive jurisdiction in the first instance for disputes caused by or related to these Terms, Etc., or the Service.

Formulated May 15, 2023