NTA Hotel /Tour Online Booking Terms & Conditions
These Terms & Conditions apply to the Services (set forth below) offered on the Nippon Travel Agency Co., Ltd. (hereinafter NTA) website (http://search.ntainbound.com/nta_dom_e/Agent; the “NTA Website”), and the rights and obligations between NTA and the registered users of the Services (the “Members”).
Please read these Terms & Conditions carefully before using the Services. Your registration and use of the Services are conditioned upon your agreement to and acceptance of the Terms & Conditions herein.
Members should save and/or print a copy of these Terms & Conditions for future reference.
1. Applicability of the Terms & ConditionsThese Terms & Conditions (the "The Terms & Conditions") shall apply to the offering and the providing of the NTA online booking services, such as the booking of accommodation service, land package tour and the day tour (the " Services") offered by NTA on NTA Website. Any rules for use of the Services posted on NTA Website shall constitute an integral part of the Terms & Conditions. Should the provisions of the Terms & Conditions differ in content from other stipulations indicated in the previous paragraph hereof, the content of the latter shall take precedence in application. If there is any individual agreement between a Member and NTA executed separately, such individual agreement will always supersede the Terms & Conditions. If there is any provision not stated in the "individual agreement" that has been concluded between NTA and a member, however, the provision of the Terms & Conditions will be applied on a priority basis.
2. Group BookingOn NTA Hotel /Tour Online Booking system, Members are NOT entitled to make the following bookings: (i) Group booking: Group booking means booking four (4) rooms or more for the same date and same property by one Member. (ii) Potential future booking : Potential future booking means booking without the name of the individual traveler, such as booking under a company name and/or using the same name multiple times. If you wish to make a booking within category (i) and/or (ii) above, kindly submit your requests via email to [omega_support@nta.co.jp ]. Please note that NTA reserves the rights to cancel or refuse to accept bookings within category (i) and/or (ii) above.
3. Confirmation from NTA
(i) Hotel Online Booking:
Confirmation of a booking, which includes the essential elements such as the description of the Services booked and the price, will be sent to the Members immediately after the booking is made online via email. If the Members do not receive a confirmation email, the Members should contact [omega_support@nta.co.jp] indicating the reservation number.
(ii) Tour Online Booking:
Confirmation of a booking, which includes the essential elements such as the description of the Services and the price, will be sent to the Members after booking is completed via email.
The Members may cancel the reservations at any time by clicking on your “my page”.
In the event of a cancellation or partial cancellation of a booking by the Members, cancellation charges may be imposed according to the cancellation policy outlined at the time of booking. Where a cancellation affects more than one person on the booking, any applicable cancellation charge will be applied in respect to each person on the booking.
NTA shall charge the price indicated on the confirmation, on (a) 7 days prior to the date when cancellation penalty occurred, or (b) 14 days prior to the date of the service, whichever is earlier.
6. Notification from NTANTA shall from time to time send necessary notifications to the Members by posting on NTA website and/or by sending emails to the Members. When posted on NTA's website or sent via email, such notifications shall come into force at the time of posting or sending whichever is applicable.
7. Registration for the ServicesA Person desiring to use the Services must register to use the Services and become a Member by agreeing to comply with these Terms & Conditions and providing essential, accurate and truthful information as specified on NTA Website at the time of registration. Registration information shall be applied to the Services offered on NTA Website. Members shall promptly notify NTA of any change to the registration information in accordance with such manner as prescribed by NTA. Members, who have registered and used the Services, are limited to persons or authorized representatives that operate as a licensed travel agency. The services are offered to customers who are not residing in Japan only. Penalty shall be imposed should any misconduct has been found.
8. Password and Member IDMembers are required to establish their passwords and member IDs for the Services offered on NTA website. Members shall be responsible for keeping and maintaining their passwords and member IDs for the Services in an appropriate manner. These may not be used by, provided to, transferred to, changed, sold or otherwise disposed of by a third party. The Members shall be, and NTA shall in no event be, liable for damages arising out of inappropriate management, misuse, or use of the Members’ passwords or IDs by a third party.
9. Use EnvironmentMembers shall be responsible for the system environment required for the use of the Services at their own expense and responsibility, including but not limited to, any and all hardware, software, telephone lines and so forth. Under no circumstances shall NTA be liable for any damages whatsoever incurred by the Members arising out of discontinuance, suspension, unavailability of the Services, cancellation or loss of messages or information transmitted by the Members or NTA to the other party, loss of registered data, or failure of or damage to equipment through the use of the Services or otherwise in connection with the Services
10. ProhibitionsThe Members are prohibited from conducting any of the following acts or any act that NTA determines falls under any of the following: (i) Acts that infringe on, or have the risk of infringing on the copyrights, property rights, privacy or other rights of another Member, a third party or NTA; (ii) In addition to the previous paragraph, acts that result in, or have the risk of resulting in a disadvantage or damages to another Member, a third party or NTA; (iii) Acts that defraud or threaten other Members, other third parties or NTA; (iv) Acts that violate, or have the risk of violating the public morality, or actions of providing information that violates the public morality to another Member or a third party; (v) Acts that are criminal or associated with criminal actions, or have the risk of such; (vi) Acts of an election campaign or similar thereto, regardless of whether or not during an election period; (vii) Activities related to sexual practices, religion or politics; (viii) Acts that have as their object, or are preparatory to the object of profiting from the use of the Services through their use without permission from NTA; (ix) Acts involving the improper use of log-in IDs and/or passwords; (x) Acts of using or providing malicious software, including computer viruses, through or related to the Services; (xi) Acts to impersonate a third party; (xii) Acts that place an excessive burden on the network or system of the Services (xiii) Acts of exploitation, advertisement, soliciting or marketing without NTA’s prior consent; (xiv) Acts that violate, or have the risk of violating a law or ordinance; or (xv) Other acts that NTA deems to be inappropriate. (xvi)Sales to customers not residing in Japan (xvii)More than 4 rooms per booking
11. Termination of MembershipMembers may terminate their membership from the Services for any reason. NTA shall accept the termination through a process separately provided. NTA reserves the right to make the Members withdraw from the Services without prior notice and to refuse re-registration from such Members: (i) where a Member uses the Services in a way violating the Terms & Conditions; (ii) where a Member uses the Services in an improper or illegal manner; or (iii) where the registration information provided by the Member is found to be false, inaccurate or omitted. Upon the termination of the membership, all amounts then due and payable from the Member, if any, shall be automatically accelerated and the Member shall immediately make payment to NTA of such amount in full.
12. Prohibition of AssignmentThe Members may not assign, transfer, grant security interests in or otherwise dispose of its status or the rights or obligations under the Terms & Conditions to any third party without prior written consent of NTA.
13. System ModificationsShould NTA determine that changes to the system or content specific to the operations of the Services or to registration are required, NTA shall make such required changes without prior notification.
14. Suspension of the ServicesNTA shall be entitled to, without any advance notice to the Members, suspend or discontinue the Services in whole or in part, in the event that: (i) Hotel / Tour Online Booking carries out regular or emergency maintenance or inspection for the system of the Services: Hotel / Tour Online Booking regular maintenance is performed every Tuesday 00:00~07:30(Japan Time) and when Monday is national public holiday in Japan, the maintenance is performed at the same time on Wednesdays; (ii) Computers or communication lines have been disrupted due to force majeure, including but not limited to, war, riot, terrorism, fighting, unrest, labor struggles, earthquakes, volcanic eruptions, flooding, tidal waves, lightning, fires, power outages and the like; or (iii) NTA determines that a temporary suspension or discontinuance in the operations of the Services is required for other reasons. Under no circumstances shall NTA be liable for any damages incurred by the Members arising out of any measures taken by NTA pursuant to the Article 13 and Article 14 hereof.
15. Members’ Personal InformationNTA shall appropriately maintain the registration information given by Members, and shall comply with the Personal Information Privacy Policies set forth by NTA. NTA shall not disclose the registration information given by the Members through the process of Services. Provided, however, that guest information may be disclosed: (i) When the Member has agreed to the disclosure of personal information; (ii) When disclosure is required by law; or (iii) When NTA discloses statistical personal information (exclusive of information that could identify an individual) gathered in order to conduct an analysis of the Services.
16. Special Conditions for Members Based in EUNTA shall appropriately maintain the registration information given by Members, and shall comply with the Personal Information Privacy Policies set forth by NTA, and laws and regulations applicable to the Service. NTA shall designate one or more data protection officer(s), who ensures that the provisions of the laws and regulations applicable to the Service are applies and advised NTA on fulfilling its obligations regarding protection of Members personal information. 16.1 Purpose of Use In application for the booking, NTA shall collect the following personal information from Members: Name; Email address; Contact information, such as address and telephone number; and [Credit card information] NTA shall use Members personal information for the purpose of correspondence with Members, arrangement for the Service Members applied for, and provide the Service. Personal Information shall also be used to offer services and inform Members of the NTA special campaigns, as well as for direct marketing purposes, such as sending a questionnaire to solicit Members opinions. 16.2 Non-Disclosure NTA shall not disclose nor transfer to any third party the registration information given by the Members through the process of Services. 16.3 Derogations for Specific Situation Notwithstanding the provision of 15.2 above, the Members information may be disclosed or transferred to any third party:(i) When the Member has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the Members due to the absence of an adequacy decision and appropriate safeguards; (ii) When the transfer is necessary for the performance of a contract between the Member and NTA or the implementation of pre-contractual measures taken at the Member's request; (iii) When the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the Member between the controller and another natural or legal person; (iv) When the transfer is necessary for important reasons of public interest; (v) When the transfer is necessary for the establishment, exercise or defense of legal claims; or (vi) When the transfer is necessary in order to protect the vital interests of the Member or of other persons, where the Member is physically or legally incapable of giving consent. 16.4 Period of Keeping the Personal Information Members personal information shall be kept during two years from booking of the Service, and after that NTA shall delete or destroy appropriately. 16.5 Statistics The Members information may be disclosed or transferred to a third party when NTA discloses statistical personal information (exclusive of information that could identify an individual) gathered in order to conduct an analysis of the Services. In case the Member do not agree to the disclosure for such purpose, please contact to the data protection officer provided 16.8below. 16.6 Contacting NTA website Many webpages on NTA website have a contact button, which activates Members’ email software and invites Members to send your comments to a specific mailbox. When Members send such a message, Members’ personal data is collected only in order to reply. If the team responsible for the mailbox is unable to answer Members’ question, it will forward Members’ email to another service. Members will be informed, via email, about which service Members’ question has been forwarded to. If Members have any questions about the processing of Members’ email and related personal data, do not hesitate to contact to data controller. 16.7 Safeguarding Information Collected personal information may be stored on a computer of the external subcontractor acting as processor, who has to guarantee the data protection and confidentiality in accordance with NTA privacy policy, applicable laws and regulations. 16.8 Verifying, Modifying or Deleting Personal Information If Members want to verify, modify or delete personal data stored by NTA for the NTA website, you can email the data protection officer for the NTA website at the address below: Email: omega_support@nta.co.jp
17. Disclaimer and Waiver of WarrantiesNTA makes no representation or warranty of any kind, expressed or implied, with respect to the Services, including but not limited to any representation or warranty (i) of fitness or suitability for a particular purpose contemplated by the Members, (ii) that the Services have expected functions, commercial value, accuracy, or usefulness, (iii) that the use by the Member of the Services complies with the laws and regulations applicable to the Member, and (iv) that the Services will be free of interruption or defect(s). NTA shall not in any way be liable for transaction, communication or disputes arising between the Member and other Member or a third party in connection with the Services or NTA Website.
18. Amendment of the Terms & ConditionsNTA reserves the right to modify, amend or change these Terms & Conditions from time to time. NTA will deactivate your accounts and submit the notification via email. The Members shall agree on the updated Terms & Conditions and Services will be re-activated.
19. SeverabilityIf any provision of the Terms & Conditions or part hereof is held to be invalid or unenforceable under the applicable laws or regulations, the remaining provisions hereof shall remain in full force and effect.
20. Governing Law and JurisdictionThe Terms & Conditions shall be governed by the laws of Japan. Any and all dispute arising out of or in connection with the Terms & Conditions and/or the Services shall be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court in Japan, depending on the case.
The Terms & Conditions shall take effect on February 14, 2019, Japan standard time.
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