Terms and Conditions of Rakuten Travel

These terms and conditions set out below ("T&C") is constructed by Rakuten, Inc. ("Rakuten") for definite a relation between Rakuten and users (“User(s)”) of “Rakuten Travel” website(“Website”) and the online accommodations reservation service provided on these pages and through the Website (the "Service") .
Using Website represents User’s agreement to be bound by T&C.

1. Scope of our Service

Through the Website, Rakuten provide an online platform through which several types of temporary accommodations (collectively the "Accommodation(s)"), can advertise their rooms for reservation, and through which visitors to the website can make such reservations. By making a reservation through Rakuten, User enters into a direct (legally binding) contractual relationship with the Accommodation provider at which User book. From the point at which User make User’s reservation, Rakuten act solely as an intermediary between User and the Accommodation provider, transmitting the details of User’s reservation to the relevant Accommodation provider and sending User a confirmation email for and on behalf of the Accommodation provider.

When rendering Services, the information that Rakuten disclose is based on the information provided to Rakuten by Accommodation providers. As such, the Accommodation providers are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on Website. Although Rakuten will use reasonable skill and care in performing Services Rakuten will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can Rakuten be held responsible for any errors, any interruptions, inaccurate, misleading or untrue information or non-delivery of information. Each Accommodation provider remains responsible at all times for the accuracy, completeness and correctness of the information displayed on Website. Website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or rating of any Accommodations made available.

2. Prices

All prices on the Website are per room for User’s entire stay and are displayed including VAT tax, unless stated differently on Website or in the confirmation email. Please note that Rakuten might inform an additional fee, tax or any other charges.

Obvious errors and mistakes (including misprints) are not binding Rakuten and User.

3. Credit card payment

If applicable and available, certain Accommodation providers offer the opportunity for reservations to be paid to the Accommodation provider during the reservation process by means of secure online pre-payment. Payment is safely processed from User’s credit card to the Accommodation provider through a third party payment processor designated by Rakuten.

Please note that User’s credit card may be charged upon reservation. Sometimes these charges do not contain any option for refund.

4. Privacy

Regarding User’s personal information, Rakuten sets a privacy policy. User acknowledges privacy policy for further information.

5. Free of Charge

Service is free of charge. Rakuten will not charge User for Service or add any additional (reservation) fees to the room rate.

6. Non-commercial use

These pages, the content and infrastructure of these pages, and Services are owned, operated and provided by Rakuten, and are provided for your personal, non-commercial use only, subject to the T&C.
Therefore, User is not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.

7. Cancellation

By making a reservation with Accommodation provider, User accept and agree to the relevant cancellation and no-show policy of that Accommodation provider, and to any additional (delivery) terms and conditions of the Accommodation provider that may apply to User’s reservation or during User’s stay, including for services rendered and/or products offered by the Accommodation provider (the delivery terms and conditions of an Accommodation provider can be obtained with the relevant accommodation provider). The general cancellation and no-show policy of each Accommodation provider is made available on Website on the Accommodation information pages, during the reservation procedure and in the confirmation email. Please check the room details thoroughly for any such conditions prior to making reservation. There’re some special offer rate but non-refundable when User complete reservation.

If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. User can apply through the Website. Rakuten recommend that you read the cancellation, and no-show policy of the Accommodation provider carefully prior to making reservation.

Please note that a reservation which requires down payment or prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant amount cannot be collected in full on the relevant payment date in accordance with the relevant payment policy of the Accommodation and the reservation. Late payment, wrong credit card details, invalid credit cards or insufficient funds are for User’s risk and account and User shall not be entitled to any refund of any prepaid amount unless the Accommodation agrees otherwise under its policies.

Please note that User may be charged for cancellation in accordance with the Accommodation provider's cancellation, payment and no-show policy or not be entitled to any repayment of any paid amount.

8. Further Correspondence

By completing a booking, User agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your reservation and destination, and (ii) an email which Rakuten may send to User promptly after the stay inviting User to complete our guest review form. Please see our privacy policy for more information about how Rakuten may contact User.

9. Ranking

The default setting of the ranking of hotels on Website is "low to high of price”. For User’s convenience, Rakuten also offer other ways to rank the hotel. Please note that the Default Ranking is created through a fully automated ranking system (algorithm) and is based on multiple criteria.

10. Disclaimer

Subject to the limitations set out in T&C and to the extent permitted by law, Rakuten shall be not liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to Services.

However and to the extent permitted by law, neither Rakuten nor any of Rakuten’s officers, directors, employees, representatives, subsidiaries, distributors, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available Website and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the information of the Accommodation as made available on our website, (iii) Services rendered or the products offered by the Accommodation provider, (iv) any damages, losses or costs suffered, incurred or paid by User, pursuant to, arising out of or in connection with the use, inability to use or delay of Website, or (v) for any personal injury, death, property damage, or other damages, losses or costs suffered, incurred or paid by User, whether due to acts, errors, breaches, negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or attributable to the Accommodation, including any cancellation, overbooking, strike, force majeure or any other event beyond Rakuten’s control.

Whether Accommodation User stays at charges User for User’s room, or Rakuten are facilitating the payment of the room price, User agrees and acknowledges that Accommodation is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the room price to the relevant tax authorities. Rakuten is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the room price to the relevant tax authorities.

11. Intellectual property rights

Unless stated otherwise, the software required for Services or available on or used by Website and the intellectual property rights (including the copyrights) of the contents and information of and material on Website are owned by Rakuten. And the intellectual property rights of the hotels information on Website are owned by each Accommodations.

Rakuten exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) Website on which Service is made available (including the guest reviews and translated content) and User are not entitled to copy, scrape, hyperlink to, publish, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or Rakuten’s brand without Rakuten’s express written permission. To the extent that User would use or combine Rakuten’s content (including guest reviews) or would otherwise own any intellectual property rights in Website or any content or guest reviews, User hereby assign, transfer and set over all such intellectual property rights to Rakuten. Any unlawful use or any of the aforementioned actions will constitute a material infringement of Rakuten’s intellectual property rights.

12. Miscellaneous

To the extent permitted by law, T&C and the provision of our services shall be governed by and construed in accordance with laws of Japan. Any dispute arising out of T&C and Services shall exclusively be submitted to the district court in Tokyo, Japan.

If any provision of T&C becomes invalid, User shall remain bound by all other provisions. Although in such event, User will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of T&C.

T&C, as may be amended from time to time by Rakuten, apply to all Services directly or indirectly made available online, through any mobile device, by email. By accessing and using Website or any of our applications through Website by completing a reservation, User acknowledge and agree to have understood and agreed to amended T&C(including privacy policy).

At the date of July 1st, 2014