Terms of Service
Last Updated: 24/05/2018
Welcome to Voyagin!
Voyagin ("us", "we" or “our” as the context requires) provides online platforms through our website at https://www.govoyagin.com
("Site") and/or application(s) (collectively, "Voyagin Platforms") that enable users ("you", "your" or “yours” as the context requires) to search, book and/or purchase travel-related products or services such as tours, tickets, restaurants, special deals and other travel experiences, and certain third parties ("Hosts", and their services are "Host Services") to publish description of ("Listings") and offer such Host Services on Voyagin Platforms, and communicate and transact directly with customers (such services provided by Voyagin are "our Services").
Voyagin Platforms and our Services are owned and provided by Rakuten, Inc., a public company incorporated in Japan. Our company’s and contact details are available here
Provisions of our Services
As the provider of Voyagin Platforms described above, is not responsible for any products and its service provided via Voyagin Platforms unless otherwise specified. To the extent where the products or services are provided by Hosts, we are not guarantee for setting or controlling the prices displayed on Voyagin Platforms. Any Host Services which you find and/or book via Voyagin Platforms are provided by Hosts who are independent third party operators. We facilitate your bookings with Hosts but are not guarantee to you in respect of such bookings. Please contact our Customer Service if you have any related issue or complaint. The identity of the relevant Host and the terms and conditions applicable to your booking with them ("Host’s Terms") will be notified to you at the time of booking and you should ensure that you read and fully understand them before completing your booking. You agree to comply in full with all applicable Host’s Terms. You acknowledge that breaching the Host’s Terms could result in cancellation of bookings or other benefits, or additional charges.
Hosts alone are responsible for their Listings and Host Services, and we do not provide any warranty or guarantee whatsoever with respect to (i) the quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, or (iii) the performance or conduct of any Host. Save for matters relating to the terms of payment stated in paragraph 10 below, when you make a booking or purchase any Host Service through Voyagin Platforms, you and the Host are entering into a contract as well, please contact our Customer Service if you have any related issue or complaint.
We reserve the right to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that we shall not guarantee to you or to any third party for any modification, suspension or discontinuance of our Services.
These Terms of Service, together with our Cancellation Policy
and Cookies Policy
(collectively, the “Terms”), govern all users’ (including Members’ and Hosts’) access to and use of Voyagin Platforms and/our Services, and constitute a legal agreement between the users and Voyagin. By downloading, accessing or otherwise using Voyagin Platforms and/or our Services, you are confirming that you have read, understood and agreed to these Terms. Hosts are further governed by the terms and conditions under our Host Terms and Conditions
and Cookies Policy
We reserve the right, at our sole discretion, to change or modify any parts of these Terms at any time. You should periodically visit this page to review the current Terms so that you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms on Voyagin Platforms and update the "Last Updated" date at the top of these Terms. Your continued use of Voyagin Platforms and/or our Services after any such changes constitutes your acceptance of the latest Terms. If you do not agree to abide by these or any future Terms, please do not use or access (or continue to use or access) Voyagin Platforms and/or our Services.
The access to or use of certain areas and features of Voyagin Platforms and/or our Services may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions applicable to a specific area or feature of Voyagin Platforms and/or our Services, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
You must be at least 18 years old and able to enter into legally binding contracts to access and use Voyagin Platforms, our Services, and/or register a Voyagin Account as a "Member". By accessing or using Voyagin Platforms, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract. If you are under 18 years old, you may use our Services, with or without registering, only with the approval of your parent or guardian.
User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member's identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation, to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identity or background of Members, and (ii) screen Members against third party databases or other sources and request reports from Hosts.
and the Cookies Policy
You may not register more than one (1) Voyagin Account unless we authorise you to do so. You may not assign or otherwise transfer your Voyagin Account to another party.
You are responsible for maintaining the confidentiality of the information and password relating to your Voyagin Account, and are fully responsible for any and all activities that occur under your Voyagin Account or password. You agree to (i) immediately notify us of any unauthorised use of your Voyagin Account, password, or any other breach of security, and (ii) ensure that you exit from your Voyagin Account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision.
You acknowledge that we may establish general practices and limits concerning use of Voyagin Platforms, including without limitation to the maximum period of time that data or other content will be retained by Voyagin Platforms and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by Voyagin Platforms. You acknowledge that we reserve the right to terminate any Voyagin Accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, at our sole discretion, with or without notice.
We reserve the right to approve or refuse registration of or to cancel a Voyagin Account at our sole discretion.
We further reserve the right to modify or discontinue, temporarily or permanently, Voyagin Platforms (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of Voyagin Platforms.
Using Voyagin Platforms and our Services
You may only use Voyagin Platforms and/or our Services in compliance with applicable laws and for legitimate purposes. Recognising the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of Voyagin Platforms and/or our Services, including your online conduct.
You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("User’s Content") that you upload, post, publish or display (collectively, "post") or otherwise transmit via Voyagin Platforms, whether as a Host, Member or otherwise user of Voyagin Platforms. The following are examples of the kind of content and/or use that is illegal or prohibited by us, and you agree that you will not:
use Voyagin Platforms and/or our Services for any purpose that is improper or unlawful in violation of any applicable local, state, national or international law, or any regulations having the force of law;
post, share or transmit any material or content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in our opinion, is objectionable or which restricts or inhibits any other person from using or enjoying our Services, or which may expose us or our users to any harm or liability of any type, or disrepute;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from Voyagin Platforms by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorised by us;
interfere with or disrupt Voyagin Platforms, or servers or networks connected to Voyagin Platforms, or disobey any requirements, procedures, policies or regulations of networks connected to the Voyagin Platforms or our Services;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through Voyagin Platforms and/or our Services;
disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via Voyagin Platforms and/or our Services, except as permitted by law;
remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on Voyagin Platforms and/or our Services or pass off or attempt to pass off Voyagin Platforms and/or our Services as the product of anyone other than Voyagin;
We reserve the right to investigate and take appropriate legal action against anyone who, in our opinion, violates this provision, including without limitation, removing the offending User's Content from Voyagin Platforms, suspending or terminating the Voyagin Account of such violators and reporting them to the law enforcement authorities.
To the extent where Voyagin Platforms allow you to post, upload, transmit or otherwise make available any User's Consent, you agree that:
although all intellectual property rights subsisting in any User Content will be owned by you or your licensors, you hereby grant Voyagin, its group companies, and Hosts a non-exclusive, perpetual, royalty-free, worldwide, transferable and sub-licensable right to use, reproduce both electronically and otherwise, display, distribute, modify, adapt, publish, translate, and create derivative works from any and all such User Content (excluding personally identifiable information) including for the purposes of advertising and marketing Voyagin Platforms, our Services or Host Services;
we are under no obligation to store, retain, publish or make available any User Content uploaded by you and that you shall be responsible for creating backups of any such User Content if necessary.
To the extent where you provide us with any suggestions, comments, improvements, ideas or other feedback ("Feedback"), you hereby assign ownership of all intellectual property rights subsisting in that Feedback to us and acknowledge that we can use and share such Feedback for any purpose at our discretion.
We cannot guarantee the identity of any other users with whom you may interact with in the course of using Voyagin Platforms. We also cannot guarantee the authenticity and accuracy of any User's Consent which other users or Hosts may provide. All User's Content accessed by you using Voyagin Platforms is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances shall we be liable in any way for any Content displayed on Voyagin Platforms, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any content posted, emailed, accessed, transmitted, or otherwise made available via Voyagin Platforms.
Except as set out elsewhere in these Terms, all intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in Voyagin Platforms and our Services (collectively, the "Intellectual Property Rights") are owned by or licensed to Voyagin. Other company, product, and service names and logos used and displayed via Voyagin Platforms may be trademarks or service marks of their respective owners who may or may not be endorsed by, or affiliated with, or connected to Voyagin.
You acknowledge that by using Voyagin Platforms and/or our Services, you will not acquire any right, title or interest in or to the Intellectual Property Rights except for the limited licence to use Voyagin Platforms and/or our Services granted to you pursuant to these Terms. Nothing in these Terms or our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Voyagin's trade or service marks displayed on Voyagin Platforms without our prior written permission in each instance. All goodwill generated from the use of Voyagin Platforms, our Services and/or the Intellectual Property Rights will inure to Voyagin's exclusive benefit.
All materials displayed or performed on Voyagin Platforms including but not limited to text, data, graphics, articles, photographs, images, illustrations, video, audio and other materials ('Content') are protected by copyright and/or other intellectual property rights. Except as expressly authorised by us, you agree to not modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on Voyagin Platforms or the Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to Voyagin Platforms. In connection with your use of Voyagin Platforms and/or our Services, you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of Voyagin Platforms or the Content other than as specifically authorised herein is strictly prohibited. The technology and software ('Software') underlying Voyagin Platforms are the property of Voyagin, our affiliates and/or our partners. You further acknowledge that you have no right to have access to any aspect of Voyagin Platforms and our Services in source-code form, and you agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Voyagin.
Voyagin Platforms and the Content are intended solely for your personal and non-commercial use of our Services and may only be used in accordance with these Terms.
Voyagin Platforms may contain links to third party websites, products, services, information, advertisement or other materials ('Third Party Resources') that are not owned or controlled by us, or our Services may be accessible through Third Party Resources. Links to Third Party Resources do not constitute an endorsement or recommendation by Voyagin of such Third Party Resources.
When you access Third Party Resources, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Resources relating to your use of their services and that you will act in accordance with those policies, in addition to your obligations under these Terms.
We have no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Resources. In addition, we will not and cannot monitor, verify, censor or edit the content of any Third Party Resources. By using our Services, you expressly relieve and hold Voyagin harmless from any and all liability arising from your use of any Third Party Resources.
Your interactions with organisations and/or individuals found on or through Voyagin Platforms, including but not limited to Hosts, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on Voyagin Platforms, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release Voyagin, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
Price Accuracy and Warranty Disclaimer
Your use of Voyagin Platforms and/or our Services is entirely at your own risk. Although we enforce strict 'price accuracy' policies with all Hosts who provide us with product or service information and endeavour to ensure that the Content displayed on or via Voyagin Platforms is up-to-date and accurate, we cannot guarantee the reliability or accuracy of such Content at all times. We provide Voyagin Platforms and our Services on an 'as is' basis and expressly disclaim all warranties, conditions and guarantees of any kind, whether express or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and accuracy, as well as any warranties implied by usage of trade, course of dealing or course of performance. To the extent permitted by law, we make no representations and do not warrant to you that Voyagin Platforms and our Services (i) are accurate, complete or up-to-date; (ii) will always be available; (iii) will meet your expectations, or (iv) are secure or are free from errors, faults, defects, viruses or malware.
Booking, Purchasing and Paying on Voyagin Platforms
You should carefully review the description of any Host Services you intend to book to ensure that you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Hosts have specified in their Listings. You are required to inform the Hosts of any medical or physical conditions, or other circumstances that may impact your and any additional guest's ability to safely participate in any Host Services. In addition, certain laws, like the minimum legal drinking age in the location of the Host Services, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in any Host Services.
Subject to these Terms and any terms and conditions, rules and restrictions set by Hosts, you may book or purchase Host Services available on Voyagin Platforms by following the applicable booking process. All applicable fees and any applicable taxes (collectively, 'Total Fees') will be presented to you prior to booking or purchasing a Host Service. You agree to pay the Total Fees when due and payable as required for any booking or purchase via the payment method options available on Voyagin Platforms.
Where you are required to provide Voyagin with information regarding your credit card or other payment instrument, you represent and warrant that such information is true and accurate, and that you are authorised to use the chosen payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. If you wish to dispute any charge(s) you must inform us within sixty (60) days after the date of such payment(s).
In the event that the relevant Host declines your booking and/or purchase, or it otherwise expires, you will be entitled to a refund pursuant to our refund policy. In the event that you encounter a other issues with your booking or purchase with the relevant Host, and provided that you contact us within twelve (12) hours of the relevant service start time, we reserve the right to, at our sole discretion, refund none, part, or all of your payment made pursuant to our customer service team's understanding of the circumstances and the communication with you and the relevant Host.
If you wish to cancel or obtain a refund any payment made, please refer to the terms in our Cancellation Policy
. If we terminate your Voyagin Account and/or use of our Services because you have breached any of these Terms, you will not be entitled to a refund of any unused portion of payments made, if any. We reserve the right to deny and cancel bookings or purchases of any of our Services or Host Services that are deemed in violation of these Terms. Such a determination will be at our sole discretion.
Whilst Hosts are required to provide us with accurate and updated prices of Host Services on Voyagin Platforms, we cannot guarantee that all prices for Host Services provided by Hosts are accurate and updated at all times. We reserve the right to modify any prices published on Voyagin Platforms or charges of our Services at any time and you should refer to the latest published prices before making any booking or purchase.
If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorised to act on behalf of the minor. Minors may only participate in an experience, event or other Host Service if accompanied by an adult who is responsible for them.
We may charge fees to users (including Hosts and/or Members) in consideration for the use of Voyagin Platforms and/or Services ('Service Fees'). We reserve the right to charge or change the Service Fees at any time. Except as otherwise provided on Voyagin Platforms, Service Fees are non-refundable.
Passport, Visa and Insurance
It is your responsibility, regardless of nationality and destination, to check with the consulate of the country you are visiting for current entry requirements.
As visa and health requirements are subject to changes without notice, we recommend that you verify health and visa requirements with the appropriate consulate prior to departure.
We strongly recommend that you purchase a comprehensive travel insurance policy prior to departure.
Disclaimers, Limitations and Exclusions of Liability
These Terms set out the full extent of our obligations and liabilities in respect of Voyagin Platforms and our Services.
Voyagin has no special relationship with or fiduciary duty to you for accessing and using Voyagin Platforms and/or our Services. You acknowledge that we have no control over, and no duty to take any action regarding (i) which users gain access to Voyagin Platforms, (ii) what content you access via Voyagin Platforms, (iii) what effects the Content may have on you, (iv) how you may interpret or use the Content, and (v) what actions you may take as a result of having been exposed to the Content.
You acknowledge and agree that Hosts may offer Host Services on Voyagin Platforms, and that suggestions or recommendations may be given by Hosts. We make no representations or warranties regarding the accuracy of descriptions anywhere on Host Services, or regarding suggestions or recommendations of Host Services offered or purchased through Voyagin Platforms.
We have no responsibility whatsoever for any arrangements you make with any third party as a result of your use of Voyagin Platforms and/or our Services (including, without limitation, any Host Services). In the event that you encounter any problems with Host Service(s) and although we may (but no obligation) assist to facilitate the resolution of disputes, you acknowledge that you should resolve the issues with the relevant Host(s) and that your sole remedy in such circumstances, including any refund, lies with the relevant Host and not with Voyagin.
You may see advertising material submitted by third parties on Voyagin Platforms. Each individual advertiser is solely responsible for the content of its advertising material and we accept no responsibility for the content of such advertising material, including, without limitation, any error, omission or inaccuracy therein.
To the maximum extent permitted by law, we (together with our officers, directors, employees, representatives, affiliates and Hosts) do not accept any liability for (i) any inaccuracies or omissions in the content displayed on or via Voyagin Platforms and/or our Services, or (ii) any act of god, accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use, Voyagin Platforms and/or our Services, or any content contained or provided therein.
Nothing in these Terms shall limit or exclude (i) our liability in respect of death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, (ii) any other liability that cannot be excluded by law, or (iii) your statutory rights.
If you are dissatisfied with Voyagin Platforms and/or our Services, do not agree with any part of these Terms, or have any other dispute or claim with or against Voyagin or another user with respect to these Terms or Voyagin Platforms, your sole remedy against Voyagin is to discontinue use of Voyagin Platforms and/or our Services.
You agree to release, indemnify and hold Voyagin (together with our officers, directors, employees, representatives, affiliates and Hosts) harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of Voyagin Platforms and/or our Services, any User Content, your connection to our Services, your violation of these Terms or your violation of any rights of another.
We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of Voyagin without our prior written approval. We reserve the right, at our expense and upon notice to you, to assume exclusive defense and control of any claim or action.
Voyagin may in its absolute discretion immediately suspect, discontinue or terminate any agreement with you under these Terms and/or your use of Voyagin Platforms, our Services and/or your Voyagin Account with or without notice at any time, including removing or discarding any data in or content of your Voyagin Account, without incurring any liability whatsoever to you or any third party. Any suspected fraudulent, abusive or illegal activity that may be grounds for such suspension, discontinuance or termination may be referred to the appropriate law enforcement authorities.
If the agreement with you pursuant to these Terms is terminated as a result of your breach, we reserve the right to cancel any unused booking you may have purchased prior to said termination, without refund or liability to you.
All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.
The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.
Any failure by us to enforce any of these Terms shall not be considered to be a waiver of them or the right to subsequently enforce any of these Terms.
These Terms are personal to you. A person who is not a party to these Terms shall have no right to enforce any provision of these Terms.
These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations without prior notice to you.
Irrespective of the country from which you access or use Voyagin Platforms and/or our Services, to the extent permitted by law these Terms and your use of Voyagin Platforms and/or our Services shall be governed in accordance with the laws of Japan and you are deemed to have submitted to the non-exclusive jurisdiction of the courts of Japan and to resolve any disputes which may arise hereunder.
Please contact us at firstname.lastname@example.org to report any violations of these Terms, or if you have questions regarding these Terms or our Services.