Host Terms and Conditions
Last updated on January 25th, 2021
Voyagin (hereinafter, "The Company," "Voyagin," "we," or "our" as context demands), provides travel-related products and services to our users (hereinafter, "User" or "Users" as context demands) through the Voyagin website (https://www.govoyagin.com/) and applications (hereinafter, "Voyagin Platforms"). These include travel experiences, restaurant reservations, tickets to tourist attractions and other facilities, and services (hereinafter, "Host Services" or "Host Service" as context demands) from providers (hereinafter, "Hosts," "Host," or "You" as context demands). Users may book or purchase such Host Services through Voyagin Platforms (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 (https://www.govoyagin.com/help/contact).
We reserve the right, at our sole discretion, to change or modify this Agreement. Hosts should periodically visit this page and review the latest version of the Agreement to ensure they are aware of any changes or modifications. If we revise the Agreement, we will post the revised text on the Voyagin Platform. Your continued use of the Voyagin Platforms and Our Service after an amendment constitutes your acceptance of the latest version of the Agreement. If you do not agree to abide by an updated version of the Agreement, please refrain from using the Voyagin Platforms or our Services.
The Host may enter into a separate contract (hereinafter, "Specific Agreement") with Voyagin. If there is a conflict between this Agreement and a Specific Agreement, the latter terms and conditions shall take precedence with respect to the provisions that are inconsistent, unless specified otherwise.
This Agreement shall originate in Japanese. Translations of this Agreement into English or other languages are for reference only and are not effective.
Provisions of Our Service
We reserve the right to modify, suspend, or discontinue the Voyagin Platforms or our Services, in whole or in part, with or without prior notice. The Host agrees that we shall not be liable to the Host or any other third party for any modification, suspension, or discontinuation of the Voyagin Platforms and/or our Services except in the case of intentional or gross negligence on the part of Voyagin.
The Host agrees that we may unexpectedly suspend our intermediary duties outlined in this Agreement in following cases and that they will not receive compensation in the following cases:
Suspension of server or software due to inspection, repair, maintenance, or upgrade;
Update of Voyagin Platforms and/or our Services;
Outages due to accidents or incidents relating to computers, communication lines, and related issues;
Suspension of service due to unavoidable circumstances.
To list a Host Service, a Host shall submit their host profile ("Host Profile") and the listing information ("Listing Information") to us to be considered for publishing on the Voyagin Platforms, and the Host shall be required to comply with all quality standards imposed by us at all times. We reserve the right to decide at our sole discretion if a submitted a Host Profile or a Host Service will be published on the Voyagin Platform.
To submit a Host Profile and Listing Information, Hosts shall use our designated forms and ensure the following terms:
Hosts shall provide complete and accurate information about their Host Profile and Host Services (such as product and servicedescriptions, pictures, location, and calendar availability);
Hosts shall disclose any deficiencies, restrictions (such as house rules), and requirements that apply (such as minimum age, proficiency,or fitness requirement for participation in the Host Service);
Hosts shall provide any other relevant information requested by us;and
Hosts shall be responsible for keeping Listing Information (including calendar availability) up to date at all times.
If the Host is unable to register or change the information described above, they may ask us to do so on their behalf. If we accept this request, we will register or change the information on behalf of the Host.
Any pictures, animations or videos (hereinafter collectively "Images") used in the Listing Information must accurately reflect the quality and condition of the Host Services. Wereserve the right to require that Listing Information have a minimum number of Images of a certain format, size, and resolution.
The Host represents and warrants that all information, including Images, published on the Voyagin Platforms shall not infringeany intellectual property rights or other proprietary rights of any third party.
All intellectual property in the Listing Information is the property of the Host or its respective licensors. The Host will provide the us and our group companies with the rights to promote and market the Voyagin Platforms and our Services, to hyperlink to the Listing Information from Voyagin Platforms or affiliated websites, and to provide the Voyagin Platforms to OEM and affiliated channels. The Host agrees to grant a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce electronically or otherwise, display, distribute, modify, adapt, publish, translate, and create derivative works from the Listing Information.
The Host shall not provide any third party with the published Host Profile or Listing Information of the Host (limited to Host Profile or Listing Information created by Voyagin) and other Hosts without our prior written consent.
We reserve the right to modify the content of a Host Profile and Listing Information to be published on the Voyagin Platformsat any time without prior notice to the Host. We further reserve the right to suspend or remove a Host Profile and/or Listing Information if the Host breaches any terms of this Agreement, any Specific Agreement and/or any other of Our Terms.
If a User makes a reservation for a Host Service on the Voyagin Platform (hereinafter "User Reservation"), we will provide the following details to the Host:
The full name of the User.
Host Services to be provided;
The date and time of the relevant Host Services to be provided;
The price of the reserved Host Services;
Any other details as may be relevant to or required by Voyagin.
If the Host accepts the User Reservation and this confirmation is relayed to the User, then a contract is established betweenthe User and Host for use of the Host Service. The Host shall provide the User with the relevant Host Service in accordance with the Listing Information.
The Host shall provide Host Services in accordance with the Listing Information of such Host Services on which the User relies to make a User reservation.
Once User Reservation has been made, the Host may not request the User to pay a price higher than the published price on the Voyagin Platforms. TheHost shall be responsible for all costs and expenses required to provide the Host Service and any increase in such costs and expenses shall not be charged to the User or Voyagin.
The Host represents and warrants that any and all Listing Information regarding, reservations of, and provisions of, the HostService are in accordance with the following items. The Host shall be liable for any omissions and for the Host’s own actions.
The Host shall not breach any agreements which the Host entered into with any third parties; and
The Host shall comply with all applicable laws of the location in which the Host Service is provided, tax requirements, and other rules and regulations (including all required permits, licenses and registrations).
In the Listing Information, the Host shall provide sufficient information to Users about:
any risks inherent to the Host Service;
any requirement for participation such as minimum age, related skills, health requirements, or other requirements; and
any other information that the Users need to know to safely participate in the Host Service (including dress code, equipment,special certifications and/or licenses, etc.).
The Host shall provide Host Services directly and may not allow any third party to provide Host Services on the Host’s behalf unless authorized by Voyagin in advance. In the case where the Host outsources all or part of a Host Service to a third party (including a third party that we designated), the Host shall notify Voyagin of the name and information of the third party and the reasons for outsourcing the Host Service andobtain discretionary approval of Voyagin.
We recommend that Hosts obtain appropriate insurance for Host Services. Please review any respective insurance policy carefully and in particular make sure that you understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Users (and the individuals the User has booked for, if applicable) while participating in Host Services of the Host or using Host Services of the Host.
The Host shall notifyVoyagin immediately if the Host cannot fulfil a User Reservation. If the failure of the Host to fulfill the User Reservation results in a refund to the relevant User, the Host shall be responsible for such a refund.
The Host shall immediately notify Voyagin of any complaints from a User about Host Services.
The price of Host Services to be provided on the Voyagin Platforms shall be agreed upon between the Host and Voyagin before publication of Listing Information. Voyagin, as the provider of the Voyagin Platforms, shall charge the fees ("Host Fees") payable to the Host.
Any additional expenses that the User may have to incur in order to enjoy certain additional options to the Host Service shall be specified in the Listing Informationor informed to the User in advance that the price paid by the User are exclusive of such options.
The User will pay for the price of Host Services of the Host in accordance with the payment methods specified by us through the Voyagin Platforms. In the case we charge Host Fees to the Host, payments collected from the User from which will be deducted the Host Fees (including any applicable tax) will be transferred to the bank account designated by the Host by the last day of the month following themonth in which the relevant Host Service has been duly fulfilled by the Host; provided that no complaints from Users is received by us with regards to the quality or performance of the Host Service.
All payments for Host Services and Host Fees shall be calculated and charged in either U.S. dollars (USD) or Japanese yen (JPY). Where the price of Host Services is set in a currency other than U.S. dollars or Japanese yen, payments made to Host will be in U.S. dollars unless otherwise agreed. Exchange rate will be determined based on the adjusted exchange rate calculated by adding a markup to the official bank exchange rate of the date that the relevant User Reservation is made or the date of the payment arranged.
The Host shall not take any of the following actions regarding the use of the Voyagin Platform:
filing, registering or reporting false or wrongful information to Voyagin;
breaching any applicable laws and regulations;
committing a crime or any acts which may constitute a crime;
taking any action that would be in conflict with a common standard of decency;
violating any rules or guidelines stipulated by the Japan Association of Travel Agents (JATA) and other industry organizations;
engaging in any acts that may mislead Users;
engaging in any acts that infringe or is likely to infringe property rights (including intellectual property rights), privacy, slander orotherwise disadvantage Voyagin, other Hosts and/or any other third parties.
soliciting Users to make reservations or purchase other services outside the Voyagin Platforms;
advertising any other booking systems other than the Voyagin Platforms;
interfering in the operation or maintenance of Voyagin’s operations (including, but not limited to, the Voyagin Platforms);
falsifying any information in connection to the Voyagin Platforms and/or other operations;
creating or distributing harmful computer programs;
divulging specifications of the Voyagin Platforms and/or other operations to any third parties, including competitors of Voyagin;
advertising, publishing, or soliciting contents unrelated to the reservation or purchase of Host Service, User reviews, such as affiliate contents, without Voyagin’s prior approval; and
any other act deemed inappropriate by Voyagin.
The Host and Voyagin shall not disclose or divulge to any third parties any confidential information relating to the other party that it learns through this Agreement, use of the Voyagin Platform, or in communications with Users (hereinafter, "Confidential Information"). However, this does not prevent Voyagin from disclosing or exchanging information, including personal information about the Host, to a judicial, administrative or similar organization where compelled by applicable law or the mandatory rules or requirements of any regulatory authority, or to our group companies or our partners with whom we have entered into a confidentiality agreement if we deem it necessary to do so for the protection of the rights and/or property of Voyagin, Users, other Hosts or third parties, or for the operation of the Voyagin Platforms.
The following is not considered Confidential Information.
Information that is already in the public domain before being disclosed to the other party.
Information that becomes known to the public, available after disclosure to the receiving party through no action of the receiving party.
Information that is already in the other party’s possession before being disclosed.
Information obtained without any obligation of confidentiality from an authorized third party.
The obligation of confidentiality set forth in 9.1 shall continue for 2 years after the termination of this Agreement.
The Host shall not divulge, disclose, provide, or allow a third party to handle the personal information of Users,their family members, or other guests (hereinafter, "User Information") that Hosts learn in their interactions with Users, and the Host shall use User Information only to provide Users with Host Services.
The Host shall treat User Information in accordance with our Data Processing Addendum (http://voyag.in/data-processing-addendum) as well as all relevant laws and regulations applicable to the protection of personal data in each country. as well as all relevant laws and regulations applicable to the protection of personal data in each country.
The Host shall fulfil its obligations as a business operator by handling personal information as directed by the Personal Information Protection Act with respect to User Information acquired under this Agreement, regardless of whether or not the Host is a business operating handling information under the Act.
The Host shall be fully aware that leakage of User Information may cause serious consequences, including damage to Voyagin’s reputation, and shall take necessary measures to prevent user information from being leaked, such as establishing appropriate methods for storing and disposing User Information, appointing an information management officer, and conducting employee training. If User Information is leaked from the Host to an unauthorized third party, whether intentionally or through negligence, the Host shall be responsible for any and all damages and expenses (including legal fees) caused to Voyagin.
The provisions outlined in 9.4, 9.6, and 9.7 shall remain in force after the termination of this Agreement.
The Host agrees to release, indemnify, and hold Voyagin harmless from and against any and all losses, damages, expenses (includingreasonable attorney’s fees), rights, claims, actions of any kind arising out of or related to the use of the Voyagin Platforms or our Services, Listing Information or Host Information, Host Services and their performance, violation of this Agreement or other Our Terms, or any other rights.
Voyagin may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. The Host shall not make any settlement that may adversely affect rights or obligations of Voyagin without Voyagin’s prior written approval. Voyagin reserves the right, at our expense and upon notice to the Host, to assume the exclusive defense and control of any claim or action.
Exclusion of Liabilities
The Host agrees that Voyagin shall not be responsible for any loss or damage whatsoever incurred by the user in the course of the performance of Host Services of the Host and that the Host shall be fully responsible for such loss or damage incurred by the User, except where such loss or damage is caused by Voyagin’s negligence or failure to act under the terms of this Agreement.
If Voyagin receives a complaint or claim for loss or damage from Users or third parties in connection with the Host Service, the Host shall be responsible to resolve such complaint or claim and all expenses in relation thereto.
Termination of Agreement
Either party may terminate this Agreement at any time and for any reason by providing one month’s prior written notice to the other party.
Termination of this Agreement by either party shall take effect on the last day of the calendar month following the month in which the other party receives a notice of termination (hereinafter, "Termination Effective Date").
Notwithstanding the termination of the Agreement, the Host shall provide Host Services to Users as booked with respect to any bookings made prior to the termination of this Agreement, and any obligations owed by the Host under this Agreement with respect to such bookings shall still be performed in accordance with this Agreement.
Notwithstanding 12.1 above, Voyagin may terminate this Agreement with the relevant Host with immediate effect without prior notice in one of the following situations where:
any representations, warranties, or statements by the Host in connection with this Agreement are not complied with or are or proven to have been incorrect in any material respect at the time they were made;
The Host violates any of the terms of this Agreement and the violation falls under any of the following;
such breach is not capable ofbeing rectified, or
such breach is capable of being rectified but is not rectified within 30 days of receipt of written notice given by Voyagin to the Host;
a bankruptcy petition is filed against the Host or winding-up order is made against the Host other than for the purpose of reconstruction or amalgamation or if a receiver and/or manager is appointed of the undertaking or part thereof such party;
the Host is found to have committed an inappropriate, immoral, or unlawful act or behavior to a User or several Users;
the Host is found to have acted in a way that damages the credibility or reputation of Voyagin, or intrudes on the operation of the Voyagin Platforms and/or our Services; or
the Host is found guilty of a criminal act or is under criminal proceedings or procedure.
In the event that this Agreement is terminated in accordance with 12.4, Voyagin shall be entitled to cancel any unfulfilled User Reservations made prior to said termination without payment or liability to you.
All provisions of this Agreement which, by their nature, should survive termination, shall survive termination.
The invalidity or unenforceability of any provision (in whole or part) of this Agreement 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 this Agreement.
A party shall not be liable for any delay or failure to perform its obligations under this Agreement caused by circumstances beyond the reasonable control and without the fault and negligence of that party, including, but not limited to, fire, flood, trade embargoes, war (declared or undeclared), pandemic, acts of terrorism, riots, civil disturbances, strikes, lockouts or other labor disruptions, and omissions or delaysby government authorities or other parties (hereinafter "Force Majeure"). The affected party shall inform the other party of delays or disruptions due to Force Majeure, and shall endeavor to take measures to minimize the duration and impact of the Force Majeure.
Any failure by Voyagin to enforce any of the terms of this Agreement shall not be considered to be a waiver of them or our right to subsequently enforce any of the terms of this Agreement.
Any person who is not a party to this Agreement shall have no right to enforce any of the provisions of this Agreement.
This Agreement may not be assignable, transferrable, or sub-licensable by the Host without prior written consent from Voyagin. We may assign, transfer, or delegate this Agreement and our rights and obligations under this Agreement without prior notice to the Host.
Irrespective of the country from which the Host use the Voyagin Platforms and/or our Service, or provide the Host Services, to the extent permitted by laws, this Agreement shall be governed by the laws of Japan, Any dispute arising out of, or in relation to the Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court.
Exclusion of Criminal groups and Individuals
The Host and Voyagin represent and warrant to each other that they shall not fall under the category of any of the following items during the term of this Agreement:
the party as well as executives and employees of the party is not an organized crime group, a member of an organized crime group, a person who used to be a member of an organized crime group and for whom five (5) years have not passed since he or she ceased to be a member of an organized crime group, a quasi-member of an organized crime group, a company associated with an organized crime group, a "sokaiya" corporate racketeer, a blackmailer advocating social causes, a special intelligence organized crime group, or a member of any other criminal force similar or analogous to any of the foregoing (hereinafter collectively referred to as "a member of an organized crime group, etc.");
the party has a relationship with a member of an organized crime group, etc. who is deemed to be substantially involved in the management of that party;
the party has a relationship where it is deemed that it is utilizing a member of an organized crime group, etc.;
the party has a relationship where it is deemed that it is involved in the provision of funds or other benefits to a member of an organized crime group, etc.; or
the party has a relationship where it is deemed that one or more executives of the party or a person substantially involved in the management of the party has a socially condemnable relationship with a member of an organized crime group, etc. or related person or persons.
Voyagin or the Host may terminate this Agreement if the other party violates or is reasonably suspected of violating the preceding provisions without making any notice or taking any procedures. In this case, Voyagin or the Host are not required to explain or disclose the contentand grounds of such reasonable suspicions and they shall not be held responsible even when the other party incurred any loss or damage resulting from or by or in connection with the termination of this Agreement.
User Review Guidelines (for Hosts)
Last updated on January 25th, 2021
These guidelines are a supplementary to the Host terms and conditions and other specific basic contracts on offering of services to Users concluded between the Host and Voyagin (hereinafter collectively "Basic Agreement") and set forth matters of the review service operated by Voyagin. Unless otherwise specified, the terms used in these guidelines shall be the same as in the Basic Agreement.
The User Review Service is a service that allows Voyagin Users to post information set forth in the following items based on the experience of the actual use of Host Services provided by a Host to a location designated by Voyagin on the Voyagin Platforms and other locations deemed appropriate by Voyagin.
Information on the Host and the Host Services used by the User (in addition to text, evaluation including customer rating scores, images, videos, etc.; collectively "User Review")
Additional information incidental or related to the preceding provision.
Copyright and Other Rights of User Reviews
The copyright of a User Review shall belong to the User who posts the User Review ("Contributor").
Voyagin makes no warranty as to the accuracy, reliability, fitness for purpose, and legality of the User Reviews.
The Host may cite the User Reviews posted by Contributor concerning its Host Services within a scope deemed appropriate by Voyagin. However, the Host may not edit or make changes to the User Reviews.
If a User Review is cited as a part of an introduction to a Host Service that the Host is providing, the User Review in question is deemed to constitute a part of an advertisement. In such circumstances, theUser Review may be subjected to advertising regulations in accordance with various laws and regulations such as the Act against Unjustifiable Premiums and Misleading Representations.
When the Host receives a request or instruction from Voyagin pertaining to the citation of the User Review, the Host shall be obliged to comply with the request or instruction.
Non-publication, Modification and Deletion of a User Review
When Voyagin determines a User Review in violation of the User Review Terms of Service (hereinafter "Terms of Service")or when Voyagin determines the contents to be untrue after publication even if they were true at the time of publication, it reserves the right to not publish, edit a portion of, or delete a User Review.
The Host shall present material such as photos to Voyagin when pointing out that the contents of the User Review are untrue. Voyagin shall consider the response to the User Review in question, only in cases where a reasonable judgement can be made on the significant deviation from facts based on the material presented.
The Host may not engage in the following actions in regard to the User Reviews:
Compelling a Contributor to modify or delete a User Review on condition of benefits such as money or other articles of gifts, and other similar acts;
Compelling a Contributor to post a favorable User Review on condition of benefits such as money or other articles of gifts, or similar acts;
Posting User Reviews as the Host itself (including employees, family and relatives, and other related personnel), or contractors of the Host, on Host Services provided by the Host;
Posting User Reviews as the Host itself (including employees, family and relatives, and other related personnel) or contractors of the Host, on Host Services provided by other Hosts with the intention of undermining the appraisal of these services;
Other acts deemed as inappropriate by Voyagin.
In cases where the User Review is deemed by Voyagin to fall under one of the prohibited matters listed above, Voyagin shall delete the User Review (in certain cases, in addition to the User Review in question, all posts published about the Host may be deleted), inform the User of the inappropriate contribution, cancel the contractual relationship based on the Basic Agreement, or take other measures deemed necessary by Voyagin.
Voyagin may translate published User Reviews into a language/languages specified by Voyagin arbitrarily. Regardless of the method of translation adopted by Voyagin, it makes no warranty as to the accuracy, completeness, and fitness for purpose of the results of the translation. Voyagin assumes no liability whatsoever for any damages that the Host may incur as a result of the translation.
If any inquiries, claims, or demands, or similar (including but not limited to the provisions of 3 and 4) should arise between the Host and the Contributor orother third parties in relation to the User Reviews, the Host shall bear the responsibility and costs of settling the dispute.
The provisions of the Basic Agreement shall govern other matters not stipulated in these Guidelines.