- These terms and conditions ("Terms") govern the use of Sharing Kyoto Tours ("Service") provided by Agex Communications Inc. ("Agex") between the user of Service and Agex.
- Please agree to the Terms before using Service.
- The “Sharing Kyoto Terms of Service” (“Site Terms”) established by Agex shall apply for items not defined in the Terms. Site Terms shall take precedence over Terms in the case that the conditions contained in the two differ.
- (1) "Site" refers to the website "Sharing Kyoto" operated by Agex with the domain "https://sharing-kyoto.com/."
- (This includes the Site post-change if for any reason the domain or contents of the Site changes.)
- (2) "User(s)" refers to all individuals who use Site regardless of membership status.
- (3) "Basic Member(s)" refers to users who have registered as basic members of the Site.
- (4) "Premium Member(s)" refers to users who have registered as premium members of the Site.
- (5) "Member(s)" refers to individuals who have registered as Basic or Premium Members on the Site.
- (6) "Tour Participant(s)" refers to members who use Service.
- (7) "Tours" refers to the tourism tours planned and carried out by the managing staff of Site.
- (8) "Tour Article(s)" refers to the articles posted on Site containing information about Tours.
2. TOUR APPLICATIONS
- (1) Tour Participants who wish to participate in a Tour must select the desired Tour via the relevant Tour Article, enter the necessary information on the prescribed tour application ("Tour Application") page and send the application via the method specified by Agex.
- (2) Upon receiving the Tour Application in accordance with the preceding paragraph, Agex will immediately notify the applying Tour Participant via e-mail of the reception of the application.
- (3) In the event that Agex does not contact the Tour Participant within three business days of a Tour Application being submitted, Tour Participant shall make contact via Site's "Contact" page.
- (4) All dates and times entered at the time of applying for a Tour shall be made in Japan Standard Time.
- (5) Inquiries regarding Tour Applications can be asked in Japanese, English, or Traditional Chinese. Questions in other languages cannot be answered.
- (6) Tour Participants can check the status of Tour Applications via the "Tours" tab of their "My Page."
3. TOUR CONTRACT ESTABLISHMENT & NON-ESTABLISHMENT
- (1) If a Tour Participant's Tour Application has been accepted by Agex, a Tour Application confirmation email ("Tour Confirmation Email") will be sent to the Tour Participant and the Tour Participant's "Tours" page on their "My Page" will be updated. The contract for the relevant Tour ("Tour Contract") will be established when Tour Participant receives the Tour Confirmation E-mail or when the Tour is confirmed on the "Tours" page of their "My Page," whichever comes earlier.
- (2) The Tour Contract will fail to be established when any of the following apply:
- 1. The Tour is at capacity.
- 2. There is a mistake in the e-mail address provided by Tour Participant and contact is unable to be made by Agex.
- 3. Tour Participant has entered false information when applying for Service.
- 4. Agex has judged that the Tour Participant is liable to neglect payment of the cost of Service, etc.
- 5. Agex has judged that Service cannot be provided for any other reason.
- (3) If the Tour Contract fails to be established, Agex will notify the Tour Participant via e-mail of the non-establishment of the contract and will post the result on the "Tours" page of their "My Page".
- (4) Agex may contact Tour Participant before or after the establishment of the contract for the desired Tour. Tour Participants should note that in the case they fail to carry out any additional requirements specified by Agex, the established contract shall be canceled.
- (5) In the event that there is a loss of contact with the user or an error in contact information, the tour contract may be canceled.
- (6) Agex will not be liable for any damages incurred by Tour Participant due to the cancellation or non-establishment of a Tour Contract.
4. TOUR APPLICATION CHANGES
- (1) In the event that Tour Participant wishes to change the number of guests in their party post-establishment of the Tour Contract, the Tour Participant shall apply for the change by replying to the Tour Confirmation Email sent by Agex.
- (2) In the event that Tour Participant wishes to change the contents of the Tour Contract post-establishment, Agex shall determine whether the changes are possible or not. If deemed possible, the changes shall go into effect when Agex notifies the Tour Participant of the relevant changes.
- (3) If Tour Participant is informed by Agex that changes to the Tour Contract are unable to be made, they shall accept the Service as outlined in the original contract or choose the cancel the relevant contract.
5. TOUR PRICES
- (1) All prices listed in Tour Articles are inclusive of consumption tax.
- (2) Everything included in a Tour's price is written in the relevant Tour Article. In the event that payment of something not specified in the Tour Article arises during a Tour, payment shall fall to the Tour Participant themselves. Furthermore, even in the event that a portion of the services contained in the Tour price goes unused as a result of the Tour Participant, no refund shall be made.
- (3) Tour Participants shall acknowledge that the prices stated in Tour Articles may differ from the information provided in other media.
- (4) Agex may change the Tour prices, payment methods, etc. described in Tour Articles as needed.
- Agex shall notify Users in advance of such changes on Site and via e-mail. Content changes shall come into effect after the date specified in the notification.
6. PAYMENT OF TOUR FEES
- (1) Tour Participants shall pay the fee specified in the Tour Article on the day of the participating Tour via credit card in Japanese yen (lump sum settlement).
- (2) In the event that it is found that after the payment procedures outlined in the preceding paragraph, payment of the relevant Tour fee has not been settled via credit card payment on the day of the Tour, Agex shall e-mail Tour Participant requesting payment of the relevant Tour fee.
- Furthermore, Agex will contact Tour Participant via the "Tours" page on their "My Page." Tour Participant shall pay the Tour fee in accordance with the contents of said contact. In the event that no payment is made after multiple requests, Agex reserves the right to take the necessary measures against Tour Participant, including suspension of use of Service, revocation of Site Membership and legal action.
- (3) Invoices and receipts from User's credit card company shall be used as the invoices and receipts for Tour fees. Agex will not issue invoices or receipts for Tour fees.
7. TOUR CANCELLATIONS
- (1) Tour cancellation policies differ for each Tour.
- Tour cancellation policies can be found in the following places:
- ・Tour Articles
- ・Tour Application forms
- ・The page related to the relevant Tour that is displayed on the "Tours" page of a User's "My Page" post-establishment of the Tour Contract
- (2) In the event that Tour Participant wishes to cancel a Tour after the Tour Contract has been established, they shall do so by replying to the Tour Confirmation E-mail sent by Agex upon reading and agreeing to the relevant Tour's cancellation policy or by requesting a cancellation via the "Cancel" button on the page related to the relevant Tour on the "Tours" page of their "My Page."
- (3) Relevant Tour cancellations will be deemed complete when Agex sends Tour Participant a notification informing them of the cancellation upon Tour Participant requesting the cancellation of the Tour Contract.
- (4) In the event that Tour Participant does not appear at the meeting place within 30 minutes after the start time, Agex will deem Tour Participant to have canceled without notice. Agex reserves the right to take the necessary measures against said Tour Participant, including suspension of use of Service, revocation of Site Membership and legal action.
8. TOUR CHANGES, CANCELLATIONS, ETC.
- (1) In the event that any of the following apply, Agex reserves the right to change, cancel or cease the accompaniment of a Tour, or take any other necessary measures during the Tour Application process, post-establishment of Tour Contract or even during a Tour.
- 1. When the safety of Tour Participants cannot be ensured due to natural disasters, war, social unrest, etc.
- 2. When the Tour cannot be held as prescribed due to government orders, foreign immigration restrictions, isolation due to infectious diseases, etc.
- 3. When it is deemed difficult to hold a Tour as prescribed in the Tour Article due to sudden changes in aspects of the Tour such as facilities, etc.
- 4. When it is deemed difficult to hold a Tour as prescribed in the Tour Article due to the deterioration of the physical condition of the staff hosting the Tour.
- 5. When there has been or is likely to be a delay or interruption in transportation around the planned location of the Tour.
- 6. When Tour Participants are found to have falsified their Tour Application.
- 7. When Tour Participants make demands regarding the contents of the Tour Contract that exceed reasonable limits.
- 8. When Tour Participants are seen to have or deemed likely to become a nuisance for other Tour Participants or hinder the smooth implementation of the Tour.
- 9. When it is deemed that Tour Participants will be unable to endure participation in a Tour due to a sudden illness or any other reason.
- 10. When Agex deems that there are unavoidable reasons for changing, suspending or canceling a Tour for any other reason.
- (2) In the event that a Tour is changed or canceled due to reasons prescribed in the preceding paragraph, Agex will notify Tour Participants in advance of the reason(s) and changes.
- However, if deemed urgent or unavoidable, Agex reserves the right to take immediate action, including changing or canceling a Tour, without prior notice.
- (3) Agex shall not be liable if Tour Participants suffer losses or damages as a result of taking measures in accordance with article 8, paragraph 1.
- (1) Photographs in Tour Articles may differ from reality due to factors such as the season in which the photograph was taken.
- (2) All Tour Participants are asked to gather at the specified location and time.
- (3) The responsibility of the management of personal belongings during a Tour shall fall on the Tour Participants themselves.
- (4) Tour Participants are to participate in Tours with the number of guests entered at the time of the relevant Tour Application.
- Agex will not accept a sudden increase in the number of guests on the day of the Tour.
- Furthermore, a decrease in the number of guests will be considered a same day cancelation and will result in a cancellation fee.
- (5) Tour Participants are to follow the instructions of the managing staff during the Tour.
- (6) Agex takes every measure to ensure due consideration of the safety of Tour Participants. However, it is advised that Tour Participants prepare travel insurance to protect themselves against accidents, illnesses or theft.
- (1) Agex is scrupulous about the contents of Service; however, the accuracy of information, up-to-dateness, usefulness, or any other matter regarding Service is not guaranteed.
- (2) Agex shall not be liable for any issues that may arise between Tour Participants and third parties related to or caused by Service. All resolutions are the responsibility of the parties involved.
- (3) Agex shall not be liable if Tour Participants suffer losses or damages in connection with Tours, including accidents, food poisoning, theft or loss of belongings.
11. CANCELLATIONS, ETC.
- (1) In the event that any of the following apply to User, Agex will take any measure deemed necessary, including immediately suspending the use of Service, canceling the Service contract or Tour Contract, or revoking Membership.
- 1. Service has been used illegally or in a manner that clearly deviates from public decency, morals, and standards.
- 2. User has been violent, threatening, extorting, made intimidating and unreasonable demands, made demands for borne costs that exceed rationale limits, or seen to have done any of the proceeding actions in the past toward Agex or its business partners.
- 3. Service has been used in a manner that directly or indirectly seriously obstructs other Users of Service.
- 4. There has been a violation of the User obligations set forth in Terms and Site Terms.
- 5. Any of the items listed in Article 8, paragraph 1 have been seen to apply.
- 6. Agex has determined that there are unavoidable reasons to suspend the use of Service, cancel the Service contract or Tour Contract, or revoke membership.
- (2) If Agex suspends Service, cancels the Service contract or revokes membership, etc. according to the provisions of the preceding paragraph, Agex shall notify User in advance of the reason and date of suspension, etc. However, if Agex determines the situation to be urgent or unavoidable, it will immediately suspend Service, cancel the Service contract or revoke membership, etc. without notice.
12. HANDLING OF PERSONAL INFORMATION
- Agex will obtain information (including but not limited to registered information) necessary for providing Service from Members.
13. COMPENSATION FOR DAMAGES
- (1) Member shall compensate Agex (including attorney's fees) for any damages incurred due to the breach of Terms or any other reasons attributable to User.
- (2) Agex shall not be responsible for any loss or damage incurred (including indirect loss or loss of profits) by Member due to Agex violating the obligations stipulated in Terms, provided, however, that this shall not apply to any loss or damage related to or arising from Agex's gross negligence or willful misconduct.
- In addition, in the event that Agex is liable for loss or damages, Agex shall be liable only for general damages directly incurred by User as a result of Agex violating its obligations.
14. APPLICATION OF SITE TERMS
- Items not defined in these Terms shall be governed by Site Terms. Site Terms shall take precedence over Terms in the case that the conditions contained in the two differ.
Lasted Updated: June 25, 2020