PRIVACY POLICY

PRIVACY POLICY

Article 1: Purpose

These general conditions (hereinafter "Terms") are intended to define the terms and conditions (TAC) under which the RAKUTABI company (hereinafter " RAKUTABI ") provides users https:// rakutabi-guide.com (hereinafter the "Site") and the services available on the Site. TAC specify the operation and the conditions in which the user accesses the website and use the services offered there.

Any connection to the Site is subject to compliance with the TAC.

The user acknowledges having read and have fully accepted the conditions underlying to the website’s access.

Article 2: Site Access

Connection fees related to the use of the Site are not supported by RAKUTABI.

RAKUTABI is committed to make every effort to allow permanent access to its site but can not be responsible for the temporary unavailability for whatever cause.

RAKUTABI can not be held responsible in case of occurrence of an event going beyond the control of RAKUTABI such as disruptions caused by Internet providers or any sort of breakdowns and maintenance necessary for accessing and using the site properly.

Article 3: Site Overview

3.1 Purpose of the Site

The site is accessible by all users.

It allows the sale of tickets and the linkage with economic operators including providing tourism services (mostly private guiding tours).

RAKUTABI references further on the Site service offerings (tourism - private guiding tours) selected from providers and concluded, as appropriate, contracts with these providers in the name and on behalf of the user. The terms and conditions of these services on the Site are set by the Terms and Conditions.

3.2 Contact RAKUTABI

For information on how to use the Site, the user can use the "Contact form”directly from the Site.

Upon receipt of the request, Rakutabi responds promptly (48h).

Article 4: Responsibility

All information provided by the user for the purpose of use of the Site or the conclusion and performance of a contract must be accurate. RAKUTABI can not be held responsible for any delay, loss or poor distribution - reception of e-mail, or order, or erroneous information.

You agree by using the Site that to fully acknowledge all the risks inherent in the use of Internet, especially the matters related to possible transmission delays, technical failures or the risk of hacking. The user is solely responsible for its protection against computer viruses or other malicious programs circulating on the Internet. Accordingly, RAKUTABI can not be held liable for damages that may arise on the hardware (computer) of the Customer.

RAKUTABI can not be held responsible for the consequences that could arise from non-compliance with these Terms.

Article 5: Personal data

The conditions RAKUTABI collects and processes personal data about users are defined in the Privacy Policy.

Article 6: Intellectual Property

The https://rakutabi-guide.com site is owned and operated by the company RAKUTABI (RAKUTABI株式会社). All component parts, including the graphic design, domain texts, comments, photos, videos, trademarks, artwork, concept, illustration, images, and other distinctive signs appearing on the Site are protected by the legislation in force related to intellectual property and copyright, for which RAKUTABI holds or licensed rights.

Any unauthorized use of the Site or its contents constitutes an infringement punishable by articles L. 335-2 of the Intellectual Property Code.

If you want to establish a hypertext link to this Site, you must prior to that contact the official website for permission.

RAKUTABI can in no case be held responsible for content on its web pages that are the subject of a hypertext link from this Site.

Fixed Privacy Policy define the conditions under which a person is allowed to put a direct link to his personal website to access the home page of the Site (ask us for details)

Article 7: Jurisdiction and applicable law

Failing amicable settlement and notwithstanding the public order provisions of the place of domicile of the user relating to jurisdiction, any disputes which may arise from the validity, interpretation or performance of these Terms, or would be the consequence, of the Courts of Tokyo if the user has to be traders or otherwise, to the jurisdiction of the place where the user resides in.

The Terms are subject to Japanese law.

 

 

Terms of sale and delivery services

Version July, 9th, 2016

1. Object

These general conditions of sales and services (hereinafter "Terms") apply to all services performed by RAKUTABI company (hereinafter “RAKUTABI”) with consumers - within the meaning of of the consumer Code - aged at least 18 and have legal capacity (hereinafter (s) "Client (s)") through the website https://rakutabi-guide.com (hereinafter -after the "Site").

The Customer acknowledges having read before ordering and have fully accepted without reservation. The placing of an order implies full and unconditional acceptance of the Terms. The Terms constitute the contract between RAKUTABI applicable and the Customer.

2. Services

Besides the acceptance of these Terms governing relations between RAKUTABI and the Customer, the latter shall for each order, read and accept the terms and conditions of sale Partner with which the contract is concluded.

2.1 Benefits of tourism services
RAKUTABI offers, as an intermediary, the customer service offers (accommodation (to some extent, ask us for details), excursions, tourist activities, guided tours, tickets).

The Website allows customers to select services offered by these partners (hereinafter (s) "Partners") and contract with them via RAKUTABI.

Commercial proposals on services sold are not permanent. Validity dates of the offers to Clients are clearly mentioned on the pages of the Site and, if applicable, on the commercial documents sent.

For services, it is possible to book a private guide from 7 days to 6 months before the date of the requested “service “.

When the customer selects a service presented on the website and complete the order process as described below, RAKUTABI will conclude the contract with this partner in the name and on behalf of the Client.

Upon Customer's request and after validating the payment as provided in Articles 3 and 5 of these TOS, the partner receives the information related to the service requested by the Customer. The Partner (hereinafter the “guide”) then contacts by e-mail with the customer to jointly establish the program of visits according to the preferences of the latter and agrees on practical arrangements (including the “venue - meeting point”, given that the Partner can meet the Customer directly at his/her the hotel).

2.2 Sale of tickets
RAKUTABI will soon operate a new ticket booking service aimed at allowing customers to purchase tickets both usable and valid on Japanese territory.

The terms of use, validity, and partner companies will soon be specified on the Website and / or by reference on the transport company’s website.

Upon request of the Customer validated and payment made under the conditions laid down in Articles 3 and 5 of these, the customer receives the summary of the order by e-mail {and vouchers (vouchers) materializing the tickets by post via carrier selected when ordering, as the commencement of this service will be announced soon}

Under any circumstances, RAKUTABI can not be held responsible for any loss, damage or delivery problems of your order due to the carrier or the consignee {in reference to the voucher’s delivery service}

3. Prices

Regarding the sale of tickets and travel services, the prices of services and goods sold is the one in force at the time of order places on the Site. Prices are quoted in Yens, all taxes included.

Regarding the benefits of tourism services, whose prices are based on the Japanese Yen (￥ / JPY) and converted at the current rate of the currencies each 30th day of every month of the order, the price indicated on the website during the summary of the order placed is inclusive of:
-the price of services as determined by the (s) Partner (s) RAKUTABI;
-Rakutabi’s compensation as stipulated in the clause of provision of intermediation provided through the Site and corresponding to 30% of the price of the service set by the partner on the day of the order. This amount represents the earnings RAKUTABI specified in the invoice sent to the Client and not a down payment being deducted from the amount of the benefit.
For example, a 100 displayed price on the Site corresponds to a 70 after commission price for the service provided by the service provider and a 30 earning price to pay to Rakutabi.

Upon validation of the order by the Client, the Partner RAKUTABI addresses an invoice indicating the compensation amount paid to RAKUTABI as described in this section above. The Customer may request an invoice directly from the Partner in regards to the amount of the benefits paid directly to the Partner.

In regards to the sales of tickets, RAKUTABI cannot be held responsible for any supplementary taxes and / or tariffs which could be made mandatory in the country of delivery where the client’s order was initially placed .

4. Order - Contract Finalization

To place an order, the customer must go to the website, select an offer provided by RAKUTABI and shall be aware of the related information , most specifically regarding the ordering procedure.

As for the tourist services, any quotation or any reservation can not be performed by direct email or by phone. Only the reservation form made available on the Website can enable a specific service booking with the Partner(s).

To finalize the order, the Customer must validate and provide the following information:

Last name First Name ;
Billing address ;
E-mail adredss.
The moment when the contract is concluded between RAKUTABI and the customer occurs when the booking fee payment has been confirmed by the Partner, Rakitabi. After confirming and further auditing the total final price underlying the requested service - presented in the summary of the order - and after having read and further accepted the Terms brought to its attention through a link summarizing the order via a confirmation page, the client attests the validity of the transaction by checking the box provided for this specific purpose on the order form validation.

The Customer agrees, furthermore, to check the summary of the order that sums up the content of the paid Service (s) , the other related inquirie(s), the total amount including the price of the service(s ) ordered with the Partner and compensation RAKUTABI under the service(s) provided to the Client. Pursuant to the stipulated relevant clauses of the Japanese Consumer Code, the summary of the order clearly indicates the Customer's payment obligation resulting from the order validation process with the mention "order with obligation to pay".

After the service(s) have been ordered, an email will be sent to the User / Client detailing the summary of the command, for which the client’s email address was specified in the first inquiry sent via the Contact Form.

This order summary includes:

-the summary of the main features of the offer, i.e. services / products ordered, price, billing address;
-a copy of the Terms and Conditions in effect at the date of conclusion of the contract, including information on the exercise of right of withdrawal whenever applicable to the services ordered and during the execution of the contract.
RAKUTABI cannot be held responsible for inaccurate information provided by the Customer and its related consequences.

5. Payment

Payment of amounts due by the Customer to RAKUTABI under the provision of reservation service is carried out on the site when placing the order, by credit card or PayPal in secure mode. This fully SSL encrypted procedure enables the customer to shop and send his bank details in a confidential and secure manner when ordering and is compliant with the latest encryption standards.

Payment security is ensured by:

-the use of SSL (Secure Socket Layer) that encrypts payment information exchanged between the client and the bank and authenticates the server of the bank and the merchant;
- a systematic authorization request applied to any charged amount;
- no storage of credit card numbers from the merchant.

6. Cancellation - Cancellation

6.1 Right of withdrawal
PURSUANT TO THE RELEVANT ARTICLES 3-4 (1) of the Japanese Code Of Civil Procedure {http://www.japaneselawtranslation.go.jp/law/detail/?ft=2&re=02&dn=1&yo=code+of+civil+procedure&x=0&y=0&ia=03&ky=&page=1) THE RIGHT OF WITHDRAWAL IS NOT APPLICABLE TO INTERESTS IN HOSTING SERVICES (NON-RESIDENTIAL ACCOMMODATION), DE TRANSPORT SERVICES OF PROPERTY, RENTAL CAR, FOOD OR LEISURE ACTIVITIES TO BE PROVIDED TO DATE OR TO A SPECIFIC PERIOD.

6.2 Cancellation of the order
As for the tourist services,

In case the client’s flight to Japan would have to be cancelled / delayed or due to an event related to a missed connection, RAKUTABI will make every effort so that the partner (the initially notified“private Rakutabi guide”) should contact the Client in order to find some mutual arrangement - agreement (ex,possibility of rescheduling - retiming the initially booked guiding service) unless this sudden timetable change would be too problematic for both parties ( for example, leading to a situation where both parties schedules would not match).

In case of a Force Majeure even such as defined by the Civil Code and the Japanese courts (source :Japanese Civil Code)(e.g. such as an earthquake, a typhoon or a flight cancellation, RAKUTABI will make every effort to contact both the Partner and the Customer by sending a prompt e-mail to let both parties know about which procedure shall be taken accordingly : this may cause some change to the planned schedule, as well as change in the initially booked calendar (booking date(s)) and , in the most extreme cases and without alternative, complete cancellation of the requested - booked service (with full refund booking fee on canceled accompaniments). It is the same in case of cancellation of the service by the Partner.

In the event where the reservation is canceled by the Client, regardless of the reason, cancellation fees are charged in order to refund the initial amount paid to RAKUTABI (equivalent to 30% of the total booked - requested service) under specific conditions and liabilities :

-50% will be refunded if the cancellation request is made more than 7 days before the initial accompanying date;
-100% if the cancellation request is made within a period not exceeding 7 days before the initial accompanying date;

Regarding the sale of tickets ( new service to be launched and announced soon )

In case an order is modified by the Customer, for whatever reason, this procedure is acceptable as long as it is done within a maximum period of three months after the order has been placed and no later than 15 days prior to the departure in Japan, by returning a post mail letter including all the related tickets - booking confirmation vouchers - receipts signed by the user - Client in a separate letter mentioning the Client’s contact information (such as the name, address, nationality, email address), the initially booked itinerary as well as the new requested itinerary with the new dates - duration duly specified. Please note that a change fee is charged to refund the amount paid to RAKUTABI in compliance with Rakutabi’s internal privacy policy, equivalent to 10%.

In the event an order is canceled by the Client, for whatever reason, this procedure is accepted within a maximum period of three months after the order has been placed by returning a post mail letter including all the related tickets - booking confirmation vouchers - receipts signed by the user - Client) along with a separate letter mentioning the Client’s contact information (such as the name, address, nationality, email address), and the precise cause of the cancellation.
Cancellation fees are charged in order to refund the amount paid to RAKUTABI in compliance with Rakutabi’s internal privacy policy, equivalent to 20%.

7. Liability

7.1 Operation Site
Despite Rakutabi’s efforts to maintain and update its fully complain Site, errors, inaccuracies or omissions may occur as well as other related network connection issues or interruptions may arise during the connection to the Site.

RAKUTABI disclaims any liability for direct or indirect damages that might result from those arising issues - problems mentioned above.

Through hyperlinks posted on the Site, the User has the opportunity to consult other websites. RAKUTABI can not be held responsible for the content published on the sites that are accessible from the Site and over which RAKUTABI has no control.

7.2 Benefits of tourism services
Notwithstanding the specific provisions enacted in the Japanese Code of Tourism, RAKUTABI can not be held responsible for failure or improper performance of the services offered by the providers (such as ticket’s delivery services) or by the private local guides.

7.3 Sale of tickets ( new service to be launched and announced soon )
RAKUTABI will soon proposes to its Users / Buyers, via its Site, the purchase of tickets that will be bought - acquired by RAKUTABI from transport companies and / or specific agents.

RAKUTABI informs the buyer - directly from the website, and / or by reference to the websites of affiliated companies / agents - on the conditions of validity and on the tickets usage.

To that extent, RAKUTABI can not be held responsible for changes made by the concerned transport companies, following the purchase of the specific tickets by the Buyer directly from the Site, in accordance with the conditions of validity and use of tickets stipulated in Rakutabi’s internal privacy policy.

8. Force majeure

RAKUTABI can not be held responsible in case of occurrence of an event constituting a case of force majeure as defined by the Japanese Civil Code and the Japanese courts (including but not limited to strikes, bad weather, natural disasters , interruption of means of communication), the uncontrollable act of third parties, fault / negligence of the Customer (including but not limited to: showing after his agreed convocation schedule, non-compliance with administrative formalities, customs, sanitary, no-show boarding).

The Customer must therefore bear all the financial consequences resulting from the occurrence of an event of force majeure affecting the performance of obligations, including the cancellation charges as described in Section 6.2 hereof.

9. Privacy Policy - Cookies Policy

The conditions RAKUTABI (i) collects and processes personal data about users and (ii) uses cookies and other tracers are set out in the Privacy Policy.

10. Preserve contracts

Pursuant to the specific provisions enacted in the Japanese Consumer Code, RAKUTABI engages, retains and archives all media materials during a period of 10 years, thus based on the contract linking the Customer and RAKUTABI whose value is greater than or equal to JPY15.000 , the private data can be requested and further accessed at anytime by the Customer.

The exercise of this right of access may be exercised by contacting the following address: https://rakutabi-guide.com/contact

11. Intellectual Property

Intellectual property rights held by RAKUTABI and breeding conditions of some of these rights aimed at protecting the Customer’s rights are fixed in LEGAL TERMS of the Site.

12. Contact - Complaints handling - Mediation

For any complaint regarding an order placed on the Site, the Customer is invited to the take the following actions ;

-RAKUTABI’s customer service can be accessed at the following address: https://rakutabi-guide.com/contact
-in the event of a failing amicable settlement set by RAKUTABI through its customer service policy, the Customer may contact the Tourism and Travel’s mediation service by clicking this link: (http://www.mtv.travel/index.php?page=comment-saisir, in French) (for Japan, https://www.jata-net.or.jp/english/whats/wht1.htm)

13. Language - Applicable law - Jurisdiction

The default and legal language used in the Privacy Policy and in the Legal Terms is English
Matters such as public order provisions related to the place of domicile of the Customer and to the legal content stipulated in the Terms and Conditions are subject to Japanese law.

Failing amicable settlement and notwithstanding the public order provisions related to the place of domicile of the Customer in compliance with local jurisdiction, any dispute which may arise from the validity, interpretation or performance the service in compliance with the Terms and Conditions, will be consequently transferred to the competence of the Courts of Tokyo (or to the court of the place where the “Customer” officially resides).