Rakuten Travel Terms and Conditions
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Chapter 1. General Provisions
Article 1 (Introduction)
- The Website – This website ("Website"), whether accessed via desktop, laptop, mobile devices and/or any other device capable of connecting to the Internet, is operated by Rakuten Travel Singapore Pte Ltd (UEN: 201134239M), a Singapore company with its registered address at 138 Market Street, #32-01, Capita Green, Singapore 048946 (hereinafter referred to as “RTS” and collectively using the pronouns "we", "us", and "our"). As required by law, the particulars and contacts for RTS are set out as follows:
Business office location: Rakuten Travel Singapore Pte. Ltd. 138 Market Street, #32-01, Capita Green, Singapore 048946
Travel agency registration number: Singapore Tourism Board Registered Travel Agency No. TA03439
Travel agency registration date: 18 January 2022
Travel agency registration validity period: 31 December 2023
If you have any questions or concerns regarding the contents of this Policy or your use of Rakuten Travel Services, please see the Help Page.
- Acceptance of T&C - By accessing or using this Website (including booking any reservations or services on this Website, or contacting us through our customer service team), any user (“User”, “you”, or “your”) is accepting, without modification, all the terms, conditions, and notices set forth below, and any policies or documents referred to in the text of this document or webpage (collectively, the "T&C"), on the version which is then in force. Unless the contrary is stated, the T&C form a legally binding agreement between RTS and you. Please read the T&C carefully. If you do not agree to the T&C, please do not use any service or information available through this Website or our customer service team. If the User is a “Rakuten Member” (as defined in Chapter 8), the T&C for Rakuten Membership (“Rakuten Membership Terms”) will be included as part of the T&C. If you wish to become a Rakuten Member, please register (for details, please refer to Chapter 8.)
- Changes to the T&C – RTS may at any time, without prior notice to you, and in its sole and absolute discretion, modify, amend, delete, cancel or change any part or all of these T&C, and your continued use of this Website is conditioned upon acceptance of the updated T&C. Each version of the T&C comes into force on the date the version is published, as the date stated above (unless local applicable law mandates a minimum period for advance notice, in which case the version will come into force after such minimum period has lapsed). If you use or interact with the Website in any way after such publication, you shall be deemed to have agreed to the amended T&C.
Article 2 (About the parties)
- About RTS and the Rakuten Group - RTS is a member of a group of companies (“Rakuten Group”). The Rakuten Group is comprised of Rakuten Group Inc. and its Subsidiaries. A “Subsidiary” is an entity which is now or hereafter, under the Control of Rakuten Group Inc., provided however that such entity shall be deemed to be a “Subsidiary” only so long as such Control exists. “Control” exists where (a) (if a corporate body) more than fifty percent (50%) of whose outstanding shares or securities (representing the right to vote for the election of directors or other managing authorities) is owned by Rakuten Group Inc.; (b) (if a corporate body, or an entity which does not have outstanding shares or securities, as may be the case in a partnership, joint venture or unincorporated association) more than fifty percent (50%) of whose ownership interest representing the right to make the decisions for such corporation, company or other entity; or (c) where Rakuten Group Inc. has the ability, directly or indirectly, whether by itself or through another Subsidiary, to direct the business and affairs of that entity, control any decision of that entity, or to direct or cause the direction of management and policies of that entity.
- About 3rd Party Providers and 3rd Party Services – Accommodation facilities, or other services or products which are described or which can be reserved or purchased through this Website (collectively, the “3P Services”) are supplied, provided or fulfilled by third party service providers (each, a “3P Provider”). RTS and/or other entities act solely as a commercial agent to negotiate and/or conclude the booking of the 3P Services on the Website with you on behalf of the 3P Providers, and do not at any point act as an agent on your behalf or as a principal counterparty to you in respect of your booking of the 3P Services. Accordingly, you acknowledge and agree that RTS, and any entity in the Rakuten Group: (i) will not be liable in any way in connection with any loss or damage you may suffer or any claim you may have in relation to the supply (or non-supply) of any 3P Services by a 3P Provider including any defect, quality, failure or unavailability of or relating to 3P Services provided by 3P Providers or for any other disputes concerning the said 3P Services; (ii) will not be liable in any way for the acts or omissions of 3P Providers; and (iii) do not owe any obligations or contractual responsibilities in any way in respect of your booking of the 3P Services except as expressly provided herein. You are responsible for any obligations or liabilities owed to 3P Providers which you contract with and we do not make any representations and should not be construed as making any recommendations or suggestions of the level of service quality or rating of 3P Providers listed on the Website.
Chapter 2. Your Use of the Website
Article 3 (Use of the Website Generally)
- Purpose of this Website – This Website provides an online platform service (i) for applying to reserve 3P Services with 3P Providers, including specifically accommodation with 3P Providers (collectively, the “Reservation Service”); and (ii) to provide information in relation to tourism and leisure services and activities, travel advertisements, user questionnaires, guest reviews, service information posted by 3P Providers, and other travel-related information (collectively, the “Travel Information Service”). This Website must not be used for any purpose which is prohibited as described in Article 20 or elsewhere in these T&C.
- Information supplied by 3P Providers, other parties or by automated algorithms – You agree and acknowledge that RTS and Rakuten Group will in no event be responsible or liable for: (i) any information, content, products, services or other materials provided or made available by 3P Providers or third parties (including other users); or (ii) any reviews, ratings or other information whether supplied by third parties or based on results from automated algorithms. You agree and acknowledge that any of the foregoing may be updated and changed as per our discretion, and that no warranty of any kind is given in relation to the performance or results from the same. You agree that the rating of accommodation provided and the Travel Information Service are only indicative, RTS and Rakuten Group do not independently assess such rating and the Reservation Service does not constitute, and should not be regarded as, a recommendation or endorsement of the quality, service level or rating of any accommodation listed on the Reservation Service. RTS and Rakuten Group are not liable for any misrepresentation, breach of warranty or undertaking in relation to the quality, status or adequacy of any accommodation listed on the Reservation Service.
- Requirements to use the Website – Before and during the use of the Reservation Service or Travel Information Service, you warrant: (i) You are over 18 years old [(For Taiwan: the age of 20, and with effect from 2023, the age of 18)] (or such other age at which majority is reached in the country or territory where you are located); (ii) You have the legal authority to bind yourself and anyone for whom (or for whose benefit) (collectively, “Travelers”) you use the Reservation Service and/or Travel Information Service; (iii) You have thoroughly checked the T&C, any information which you are relying on to use the Reservation Service or Travel Information Service, and (where relevant) any of the 3P Providers the terms and conditions, offers, information and other stipulations provided by the 3P Provider; (iv) You will only use this Website to make legitimate reservations for yourself or other Travelers and you will inform such Travelers of the T&C that apply to the reservations you have made on their behalf, and of all information, terms and conditions relevant to 3P Services and your agreements with 3P Providers; and (v) That all information you supply is true, accurate, current, and complete. RTS is committed to protecting the privacy of minors, and thus, has implemented certain internal policies and procedures to ensure that it does not target or deal with minors. If you are a minor, you may only deal with us under the supervisions of a parent or legal guardian who agrees to be bound by these T&C.
Article 4 (Your identity and your account, and your right to use the Website)
- Verifying your identity and attribution of transactions to you – For non-Rakuten Members, you will be required to provide at least an email address for verification of any reservations you apply via the Reservation Service. For Rakuten Members, we will use your email registered and credentials as a Rakuten Member to identify and verify any reservations you apply via the Reservation Service. In either case, you agree and acknowledge that: (i) you will safeguard the security credentials, access and control to your email or Rakuten Membership account as the case may be (in each case “Your Account”) and (ii) that you will supervise and be completely responsible for any transactions or activities in connection with the Reservation Service which relies on or involves the verification or use of Your Account, whether such transaction or activity is by you or anyone other than you. In the event of any disclosure of your password or compromise of any security credentials which results in any unauthorized use of Your Account, any order(s) received including any consents which may have been procured, from such unauthorized use shall still be considered as valid and we will process such order(s). Subject to any rights you may have at law, you agree and acknowledge that RTS is not responsible for any loss or damage arising from the misuse of Your Account. If you no longer have control over Your Account, you are required to immediately notify us so we can temporarily block and/or inactivate transactions relating to Your Account but we are not obliged to do so whether within any time frame or at all.
- Method of Communication with you – We or the 3P Provider may contact you using the email address, telephone number, or other information obtained at the time of reservation or membership registration, or as may be identified through Your Account as needed, in order to respond to, fulfil, facilitate or execute any transactions involving you or relating to your reservations or enquiries or that of any Traveler. The mode of contact shall be selected by RTS or the 3P Provider (as the case may be). Reliance will be placed on the last contact details given to us on record, and it will be deemed to be received by you. As such, you agree to only provide any contact details you wish to be reached at for such purposes and you agree to keep such contact details updated at all times.
- Right to refuse access or provide services – RTS retains the right, at our sole discretion, to deny to anyone access to this Website and its services, at any time without notice and for any reason, including, but not limited to: (i) breach (or suspected breach) of these T&C; (ii) prohibitions in law or regulations, (iii) fraud, theft, illegal activity (or any indication or suspicion of fraud, theft or illegal activity); (iv) the provision or inaccurate or false information or the refusal to provide information reasonably necessary to execute any transaction or activity on or through this Website; (v) abusive conduct, whether through misuse of the Reservation Services and Travel Information Services or any inappropriate behaviour, threats, or insults towards us or our officers; (vi) causes beyond our control; or (vii) where you (or any person you use the Reservation Services or Travel Information Services for) have been blacklisted or placed on any watchlist whether by a governmental (or quasi-governmental) body, international body, credit agency, financial institution or other party we consider reasonably relevant. Where so, we have the full right to temporarily block, delete, or deactivate the use of this Website (including by taking measures in relation to Your Account) at our sole discretion and for any cause without giving reasons. In such cases, you agree that we may take such other action as we may consider appropriate including in relation to any transactions you have entered into with 3P Providers or in respect of 3P Services, acting reasonably.
Article 5 (Personal Data)
Chapter 3. Reservation Services and Travel Information Services
Article 6 (Reservation Service)
- The Reservation Page and reservations – The Reservation Service may be used by you to make advance reservations for use by you or a Traveler with a 3P Provider of any room, accommodation and/or associated facility (collectively referred to as a "Room"), which is in each case, located at the relevant hotel, hostel, place of residence, dwelling or other, accommodation facility (each a “Site”) as supplied by the 3P Provider.
- Reservation Page and Reservation Confirmation Page - Relevant details (including the presented rates, any cancellation policy, and any other terms and conditions relating to the reservation of the Room(s)) will be presented on the specific page of the Website stated on the page when a Room is specifically identified and selected for browsing (hereinafter referred to as the "Reservation Page"), including where allocated under sections listed as "Property Information", "Cancellation Policy", "Notice from the Property", and in the confirmation email and any voucher that may be issued or apply. You agree that: (i) Article 2 (2) will apply to any terms or conditions (and any resulting agreement) for the provision of the Room(s); and (ii) Article 3 (2) will apply to any content or information relating to the Room(s). If your reservation request is accepted, the Website will display a page for completion of the reservation request and display the reservation details where you can confirm the reservation details (hereinafter referred to as the "Reservation Confirmation Page"). You agree to save the Reservation Page and Reservation Confirmation Page during your user session and that RTS will reference these pages as a means of recording the content of any reservation (each a “Reservation”) through the Reservation Service.
- No guarantee of Room(s) or related terms – Notwithstanding the issuance or presentation of a Reservation Confirmation Page, and although RTS will use commercially reasonable efforts in its providing the Reservation Service on behalf of the 3P Providers, RTS does not represent or warrant, nor does it guarantee that, any information presented in the Reservation Page or the Reservation Confirmation Page is accurate, complete, correct or up to date, or that the Reservation or any Room(s) under the Reservation will be available or reserved as indicated. To the extent permitted by applicable law, RTS reserves the right, and our discretion, to refuse or cancel a Reservation on behalf of a 3P Provider in exceptional circumstances (including, but not limited to, matters under Articles 20, 22, 23 or excluded under Article 24, and any reasons of the 3P Provider such as full occupancy, closure, unsuitable conditions, or other 3P Provider given reasons). Without prejudice to the generality of Articles 2 (2) and 3 (2), we are not responsible for any errors, inaccuracies, or misleading or false information provided by 3P Providers or for the non-delivery (or non-conforming) of any information or any services by 3P Providers.
- No false reservations or inaccurate information – You agree that you will not submit false reservation requests. You hereby declare to ensure that the payment information you provide is accurate. You also guarantee that you have provided an accurate email and mailing address as well as other details of your contact information.
- Providing names – When entering any name (yours or any Traveler) in Roman characters for any of the webpages indicated, the name shall be entered as stated in the relevant passport. If any name is incorrectly entered, the 3P Provider must be contacted. Please see also Article 8 (2) below.
Article 7 (Additional Conditions)
- 3P Provider terms – Some 3P Providers may have additional conditions which apply to a Reservation (and/or to you or any Traveler). These conditions may be set out in sections identified as “Property information” in connection with the Room(s). By making a Reservation through the Website or under the Reservation Service, you accept and agree to the terms and conditions of the applicable 3P Provider, including any policies regarding cancellation and/or absence (or as may be relevant to your specific requests which may be given to the 3P Provider), the right of the 3P Provider to levy or apply additional charges or to modify the 3P Services or to revise their terms and conditions. We are not responsible for the issuance, application, breach, or enforcement of these terms and conditions, and you agree to review the 3P Provider’s terms and conditions carefully before you make a Reservation through the Website or Reservation Service. Though RTS may be tasked by 3P Provider to convey or inform you of such changes or cancellations, you acknowledge and agree that any claims for the same or liability for the same will be with the 3P Provider and not RTS or any member of the Rakuten Group.
- Special requests - In the event of any special requests (for example including but not limited to: rooms to be easily accessible by wheelchair, wheelchair assistance for people with disabilities, change of name, change of date, availability of Room(s), add-ons, etc.), you agree to make these requests when making a booking on the Website or by contacting the 3P Provider directly (as applicable) or when you are (or any Traveler is) on the Site. Such requests will be addressed at 3P Provider’s discretion, based on availability and other factors. Your special requests may be subject to additional charges and/or fees by the relevant 3P Provider based on the discretion and/or policy of the relevant 3P Provider. We are not responsible for the availability and/or fulfillment of your special requests by the 3P Provider.
- Additional Charges - Without prejudice to the generality of Article 7 (1) or 7 (2), or to Article 15, you acknowledge and agree that the price displayed may not include additional charges that apply to Room(s), including but not limited to where charges are levied for fees for the amenities and products consumed by the User or any Traveler during the stay and transport to and from the Room(s), and associated periods of stay, number of guests, resort fees, fees for certain services, charges for incidental expenses and personal consumption charges, service charges, and Taxes (including occupancy taxes, local, city, state or federal taxes) (“Additional Charges”). You acknowledge and agree that you will contact the 3P Provider for information over Additional Charges, and that we are not liable in any way for the provision of (or the failure to provide) any such information on Additional Charges whether via the Reservation Service or the Travel Information Service.
Article 8 (Change or Cancellation)
- Changes Or Cancellations by you – If permitted by RTS and/or the 3P Provider (as the case may be), you may request changes to your Reservation, your travel itinerary, travel services or other reservations, or cancellation of your Reservation in whole or in part (collectively referred to in this section as "Changes"). To make such a Change, you are required to enter the necessary information on the webpage designated as the “Reservation page” (“Reservation Page”). If you wish to make Changes that cannot be made on the Reservation Page, you must contact the 3P Provider directly. RTS assumes no liability whatsoever for any damages or disadvantages incurred by the User arising from the User’s failure to directly contact such party. In addition, changes may not be accepted at the discretion of the 3P Provider.
- Costs of Changes or Cancellations – You agree that the following fees (including but not limited to handling fees), costs or other amounts may be forfeited, incurred lost or otherwise result from the cancellation or any Change, namely: (i) Fees and expenses for payment of services already received by you and/or any Traveler(s); (ii) Expenses or amounts payable to the 3P Provider as a cancellation fee and/or compensation concerning the provision of 3P Services in relation to 3P Services not yet received; (iii) cancellation fees prescribed by RTS; (iv) Any amounts arising from the Change including Taxes, transportation costs, surcharges, fees, penalties, or any revision of the foregoing and fluctuations in exchange rates; and (v) Any amounts as described in the “Cancellation Policy” set out on the "Reservation Page" (each of (i) through (v) collectively, “Fees”). You acknowledge and agree that the "Cancellation Policy" is based on the terms or provisions of the 3P Provider and will prevail unless varied by a specific and written agreement between you and the 3P Provider. You will be notified of such fees (including any fees of a general description) before you proceed to execute the Changes and your proceeding with the Changes will constitute your acceptance to pay for, forfeit or bear the same.
- Cancellations due to incorrect names - You acknowledge and agree that any Reservations or agreements with 3P Providers may be canceled if a name correction referred to in Article 6 (3) is not received by the 3P Provider. In such case, each of RTS or the 3P Providers may be entitled to charge a cancellation fee which will be deemed as part of Change Expenses.
- Cancellation or Change by RTS – RTS may be alerted to or determine that any Reservation or the application for any Reservation is: (i) in breach of the T&C; (ii) in breach of any laws and regulations; or (iii) in RTS’s reasonable opinion, inappropriate. Where so, you agree that RTS may (whether or not in conjunction with the 3P Provider) cancel the same or require that a Change be made. Where a cancellation is applied, you agree that a refund of monies that were pre-paid subject to any set-off or deduction of any amounts that would have been deductible under Article 8 (2) if you had made the Change will apply but that if the cancellation is due to your breach of the T&C, Rakuten owes you no duty to refund any prepaid amounts. For any such cancellation or Changes under this Article 8 (4), RTS and any 3P Provider assumes no liability whatsoever for any damages or loss of any kind incurred by you or any Traveler(s) and unless RTS confirms in writing, you shall not be released from the obligation to pay any fees or costs under these T&C.
Article 9 (Matters to be Performed by the User and/or Travelers before Departure)
- Travel documents and permits – You (and each Traveler) shall be solely responsible for obtaining, maintaining and having available for presentation, the proper and valid passports, travel permits or foreign entry requirements (including, but not limited to, visas or other travel permits and documents, whether for transit or otherwise), re-entry permits, and various certificates, and preparing entry and re-entry procedure documents – in each case covering the necessary period of validity for travel. RTS does not perform agent or other services for immigration procedures in whole or in part and is not responsible for notifying you (or any Traveler) of the travel arrangements and permits necessary for you (or any Traveler) to be able to carry out your travel plans. In no event shall we be responsible or liable for any losses or damages arising out of or in relation to your travel permits.
- No Travel advisories or travel information - When traveling abroad, you are to check any relevant government's (or advisory or regulatory body’s) travel bans, warnings, announcements, and recommendations in advance at your departure and destination. By displaying accommodations, Room(s) or Sites at a particular destination, RTS does not represent or warrant that travel to that location or any Site is advisable, possible or risk-free. Under no circumstances will RTS be liable for any incidents that may occur during the User's (or any Traveler’s) stay at any Room(s) or Site. You are responsible for reviewing all travel-related information published as aforementioned, including any rating or grading of travel safety or advisories relating to any country or destination the User or any Traveler is visiting, and for taking any necessary precautions. You are responsible for taking steps to procure personal travel insurance for the User and all Travelers.
- Health – Any recommended inoculations for travel may change at any time and you are to consult your doctor on current recommendations before you depart. It is your responsibility to ensure that you (and any Traveler) obtain the recommended inoculations, take all recommended medication and follow all medical advice in relation to your trip.
Chapter 4. Coupons and Sales Promotions
Article 10 (Using Promotions)
- Promotions are subject to terms – From time to time, coupons (e.g. without limitation, discount codes, or other services or tokens etc.) and sales promotions (collectively “Promotions”, each a “Promotion”) may be made available by RTS and/or third parties designated by RTS (including, but not limited to, 3P Providers under contractual arrangements with RTS). If and where so, you (including, where applicable, where you are not a Rakuten Member) can make use of the Promotion in relation to certain services (3P Services or Reservation Services as the case may be) available through the Website. Usage of such Promotions are subject to the conditions applicable to the specific and relevant Promotion. You agree that the specific terms of the Promotion, the benefits, the validity period, the usage conditions, and other conditions shall be determined by RTS or such third parties designated by RTS separately and you agree to review the details of the Promotion each time before attempting to use or rely on it.
- Promotions by RTS – Any Promotions issued by RTS can only be applied to services (3P Services or Reservation Services as the case may be) procured from RTS or the Website as specified by RTS for the Promotion, and not on any other Rakuten Group website.
- Promotions procedures – We may prescribe or specify a process or requirements (e.g. a series of steps on a website or the Website, or other methods) for obtaining access to the Promotion and it is a condition that you perform or comply with the prescribed or specified procedures in order to access or gain availability to the Promotion.
- No retrospective usage of Promotions - If you complete a transaction (including but not limited to making a Reservation) without activating or using the Promotion, you agree you may not retrospectively activate or claim use of it from RTS or any other party involved.
- Cancellations and/or rescission and Promotions - If you wish to rescind, cancel or amend any transaction settled using the Promotion (including but not limited to making a Reservation), you agree this shall be handled in accordance with cancellation policy identified by the terms of the Promotion (if any), read with these T&Cs. Subject to the foregoing, RTS will perform the following processing: (i) If the transaction settled using the Promotion is cancelled, the redemption of the Promotion will be voided and the Promotion will be reinstated for you unless specified otherwise in the terms of usage of the Promotion; (ii) If the transaction settled using the Promotion is amended and the Promotion is valid as per the original terms and conditions for the Promotion, the Promotion will automatically be applied to the amended transaction. If the Promotion is invalid for the amended transaction, then the Promotion will be returned to you (via your account) and you will settle any monetary differences or top-ups required for the transaction, using a payment method acceptable to RTS. The monetary credit or value of the Promotion may not be applied towards any payments or settlement of any Change Fees.
Article 11 (Expiration, cancellation, or loss of promotion)
- If you do not use a Promotion within its validity period, the Promotion will expire. Expired Promotions may automatically be removed from your account, become invalid or both.
- If the redemption limit (maximum amount available for use, maximum number of sheets, etc.) under a Promotion (as described in the terms and conditions specific to the Promotion) is reached, you will not be able to use, rely on, or redeem the Promotion.
- You are responsible for checking the validity period for a given Promotion, and we will not be obliged to notify you of the validity period or extend its validity.
- Except as otherwise prohibited by applicable law, we may, at our discretion, cancel some or all of the Promotions extended to and held by you without any notice to you if we determine that one or more of the following is true: (i) it becomes clear that you have not satisfied the conditions for eligibility for the Promotion at any time; (ii) you perform an illegal or prohibited action related to the use of the Website; (iii) you violate these T&C, or other agreements or rules established by us; (iv) we, at our discretion, deem it necessary to cancel the Promotion given to you, including but not limited to where necessary to comply with law.
- If a Promotion is cancelled in accordance with Article 12 (4) after you have used, relied or redeemed the Promotion, the corresponding transaction may be cancelled or voided by us (or where relevant, the third party sponsor or provider of a Promotion), unless you settle any monetary shortfall arising due to the cancellation of the Promotion, using procedures or the methods specified by us (except where the supplier of the Promotion is a 3P Provider, the 3P Provider may specify the payment method and collect payment on behalf of us).
- If a Promotion is cancelled in accordance with Article 12 (4) after you have redeemed the Promotion and enjoyed the corresponding privileges or benefits from the Promotion (e.g. by checking in and using the Room(s)), you agree to pay the amount equivalent to the benefit of the Promotion to us or the 3P Provider by a payment method specified by us or the 3P Provider.
- You agree that we shall not under any circumstances, and without any exception, be liable for the cancellation of Promotions or the removal of any Promotions from your account or generally.
Article 12 (Precautions when using Promotions)
- Promotions are non-transferable and may not be sold to or shared with any other person, unless otherwise specified by RTS.
- If you have registered more than one account, you cannot transfer or combine the coupons held in each account with those held in other accounts.
- You cannot exchange a Promotion for cash under any circumstances.
- When a User’s account is terminated or suspended for any reason, all the Promotions held by that User will expire, and the right to use the Promotions against a payment, the right to exchange the Promotion for a benefit, and all other rights related to the Promotion will be lost. We shall not be liable for any losses incurred by the User, and the User shall have no claims against us whatsoever.
- The partial use of a Promotion is not allowed. Where the amount of discount from the Promotion exceeds the value of the settlement, you may still redeem the full Promotion against the transaction. However, you agree you will neither receive nor will you make request for a refund (whether in the form of cash, credit, coupons, or otherwise, etc.) for the amount of difference between the benefit of the Promotion and the transaction value.
- If you are in doubt about the conditions for a given Promotion, including its content (e.g. usage conditions, the benefits that Users can receive from the Promotion, its validity period, other conditions, etc.) and the eligibility or extent of any Promotion(s) that you are eligible for, you may seek clarification from RTS’s customer service team or (where relevant) the provider of the Promotion (including, but not limited to, any 3P Provider of Room(s) under contract with RT).
- You agree we owe no obligation to reissue the Promotion or compensate any User or a Traveler who has suffered damage or is unable to obtain the benefits of the Promotion due to a natural disaster, a war, a riot, suspension of the provision of (or the ability to use) any travel services or 3P Services by a 3P Provider, an order of a government or other public offices, or any other cause (including any matters under Articles 22 and 23) or for any matter outside of our or any relevant third party’s control.
- Third party issued Promotions: Except when (and to the extent) not permitted under applicable law, with respect to Promotions issued by 3P Providers but made available to the Website or RTS, you agree that we have not curated and that we are not aware of the particulars, content or terms and conditions of such Promotions, and we will not be liable for any loss you may incur because of your use or failure to use the Promotion. You agree that any matters relating to such Promotions are deemed to be covered as 3P Services generally, and treated, without limitation to the foregoing in accordance with Articles 2 (2) and 3 (2).
Chapter 5. Payment
Article 13 (Payment of Travel Fee)
- When arranging a booking, RTS will indicate the charges payable including fees which are to be paid to the 3P Provider or paid in advance as the case may be (hereinafter referred to as "Travel Fees"). As RTS does not act as your agent in respect of the booking, you will not be liable to pay any fees or commission to RTS in respect of your booking. However, RTS as commercial agent of the 3P Providers in respect of your booking may receive fees or commissions from the 3P Providers depending on our commercial arrangements with each individual 3P Provider.
- Additional Charges referenced in Article 7 (3) may be charged in addition to or separately from Travel Fees – You agree that Additional Charges may be in addition to the Travel Fees, and these are not included in the Travel Fees or amounts to be paid or agreed as part of the Reservation. You agree to settle and pay for such Additional Charges. If the User is unsure or concerned about Additional Charges prior to reservation, you agree you will not rely on the Website and that you will verify with the 3P Provider directly over the same.
- Taxes – As part of, or in addition to Additional Charges, you agree and acknowledge that taxes may be imposed or levied under applicable local law (including but not limited to, occupancy taxes, local, city, municipal, state or federal taxes, accommodation tax, tourism tax or equivalent tax, value added tax, goods or services tax, consumption taxes etc. in each case and to the extent applicable) (collectively and individually, “Taxes” or “Tax” respectively), which may be payable directly to the 3P Provider at the Site for use of the Room(s) and that these may be levied separately from the Travel Fees. Taxes or Tax rates may be revised from time to time (or be newly established) by applicable law after the Reservation is made, and you agree and acknowledge that, as such, the prices or amounts to be paid may be revised to reflect this.
- You agree that Taxes and Additional Charges may be (i) paid separately from the Travel Fees and directly to the 3P at the Site for use of the Room(s); or (ii) collected directly from the User by the 3P Provider separately from the Travel Fees regardless of payment methods used to pay the Travel Fees.
- You acknowledge and agree that any amounts, Taxes and fees payable for ancillary services that you or any Traveler may purchase or consume during the stay and transport to and from the Room(s), are described in the 3P Provider’s terms and conditions or on the Site will be paid or settled the same directly with the 3P Provider. You agree to review all prices and any terms and conditions for the same as provided by the 3P Provider and you agree that we are not liable in any way for any information or for such rates or payments due which will be deemed to be subject to Articles 2 (2) and 3 (2).
- You acknowledge and agree that the Reservation, 3P Services or any ancillary services you procure or arrange through the Website does not include insurance of any kind in relation to the same.
- Change Fees referenced in Article 8 (2) may be charged in addition to or separately from Travel Fees – You agree to pay Change Fees due to Changes which shall be paid (or topped up) to RTS in accordance with the method and procedure prescribed by RTS.
- Refund and/or Return due to Changes – If, due to any Change, any amounts due are reduced or canceled, RTS shall, on behalf of the 3P Provider, settle the refund or return of monetary value for the same by a method and procedure prescribed by RTS, which may include, but is not limited to setting-off any Change Fees or other amounts owed by you to RTS or the 3P Provider against such amounts. Please note that any such refund would be solely the responsibility of the 3P Providers and RTS’ making of such refund or return due to Changes is solely on behalf of the 3P Providers.
- Subject to exceptions in Article 13 (10), every payment related to a Reservation shall be made directly to our bank account or our payment channels. Any such payment for a Reservation which you have made to our bank account or other payment channel in accordance with our instructions shall be considered to have been received by us on behalf of the relevant 3P Provider (as their commercial agent receiving such payment on the 3P Provider’s behalf).
- Exceptions to Article 13 (9) are as follows. Article 13 (9) does not apply to: (i) payments to be made On-Site, where payments are not made to RTS but to 3P Providers directly; (ii) For where Users or Travelers use the Website from Hong Kong SAR or come under the laws of Hong Kong SAR, payments received by made on the Website or Reservation Page will be held by RTS as agent for the 3P Providers only, for onward payments to be made to the 3P Providers.
Article 14 (Reference Price)
- We will display the fees you pay to us (as commercial agent of the 3P Provider) or directly to the 3P Provider in the default currency of each website determined by your location, or selected preferred currency (if applicable). You agree that any currency conversion rate to be applied will be determined by us and displayed as the applicable price.
- When paying by credit card, the currency used for payment is settled using the default currency of each website determined by your location, or selected preferred currency (if applicable). However, some payment methods may be settled in the currency specified by RTS or 3P provider. Users can see the price in the selected currency when searching, and when they go to the booking step and make the actual payment, they can see in which currency and how much the payment will be made.
- The customer agrees that the final price displayed on the web page regarding the reservation shall apply and shall confirm the reservation based on that amount.
- Each price listed on the Website is only available with certain conditions and these prices may change depending on the availability of booking, length of booking and/or other factors. You agree that you are responsible for verifying the total cost to be paid and other terms and details when the confirmation email is sent. Prices shown are detailed so that you can see the amount to be paid, any additional costs due to the use of credit cards or inter-bank fees charged will be charged to you. If there is a discrepancy in the amount paid, we will provide an email notification of the amount to be paid by you. Subject to Article 8 (2), in the event you request a Change before paying in full and there is any surplus amounts paid, we will arrange for the refund of the surplus amount paid or, subject to any applicable rights you may have at law, refund an amount reduced by the reasonable costs incurred by us (including Change Fees incurred).
Article 15 (Method of Payment)
- You shall make payment by one of the methods selected by you from the methods displayed below on the Reservation Confirmation Page: (i) A credit card or other payment method provided by RTS when paying at the time of making a reservation of a service (“Online card payment”); or (ii) Cash or other method provided by the Service Provider when making a payment when using a service (“On-site payment”). In the case of (ii), payment of travel fees by you to RTS is unnecessary. (However, the 3P Provider may request your credit card information for the purposes of procuring security or as a deposit.) In addition, you are required to register your credit card information at the time of application for the purpose of charging the credit card any amounts that may be incurred due to Changes or relevant to the Reservations (for details, please see Article 18). Notwithstanding the same, you agree we can add or remove payment methods at our sole discretion.
- The User shall not be able to individually settle the travel fee for multiple travel services issued with the same reservation number.
- For all forms of reservations, you must make payment (or provide details of your card, in the case of a deposit or security for a reservation such as in the case of On-Site payment) within the specified time limit. If the payment is not made within that time, we then reserve the right to cancel the application for the Reservation or void the attempt at the Reservation. You must follow the procedures contained in the confirmation email. You agree that it is only after you make payment that we will then take action to execute the Reservation subject to the T&C. Details may be issued to you as a means of confirming the Reservation thereafter, if successful.
Article 16 (Online card payment)
- By selecting "online card payment" when making a Reservation, you authorize RTS or a credit card payment agent contracted by RTS or its affiliated company to charge or debit your card for the full price upon reservation and confirmation of the Reservation and/or any 3P Services under the Reservation.
- If, for any Reservation, a restriction is issued on any credit cards that can be used, you agree such restrictions will take precedence over any other options that you may prefer. We also reserve the right to not accept certain credit cards.
- Some banks and card issuing companies impose fees for cross border or international transactions. For example, if you are making a booking using a card issued in a different country from RTS’s (i.e. the merchant's) location, your card issuing company may charge you a cross border or international transaction fee. In addition, some banks and card-issuing companies impose fees for currency conversion. For example, if you are making a booking in a currency other than the currency of your credit card, your credit card company may convert the booking amount to the currency of your credit card and charge you a conversion fee. In other words, the amount shown on your credit or debit card statement may differ from the amount shown on the billing summary page of the reservation made on the Website. If you have any questions about these fees or the exchange rate applied your booking, please contact your bank or the company issuing the card.
- You agree you can only use credit cards in your name. If the person who makes a Reservation and the person who receives the 3P Services are different (including any Travelers), the person who makes the Reservation must be the person to whom the credit card is issued. You shall ensure that the details you provide to us are completely true and accurate and relate to you. You shall not use another person’s credit card, enter false credit card information, or engage in any act that is deemed by RTS to be inappropriate. We may seek damages from you if we suffer from any damages due to such acts committed by you.
- If your Reservation, your account, or any information relating to the same shows signs of fraud, abuse, or with you being associated with a government sanctioned person or entity or other suspicious activity, we may request additional information from you. If we conclude that any Reservation or transaction is associated with fraud or suspicious activity, we may (i) cancel any Reservations and any services associated therewith or associated with your account and close any associated accounts, and (ii) reserve the right to take any necessary legal action including holding you liable for monetary losses.
- If a card company refuses to accept (or declines) the use of a credit card used or selected to be used by you for the settlement of payment for whatever reason, or if RTS considers, in its sole discretion, that the use of the credit card is inappropriate, RTS may change the method of settlement, cancel the Reservation, or take any other measures RTS considers necessary without your consent, and RTS assumes no liability whatsoever for any damages arising therefrom incurred by the User.
- In the case of credit card fraud or unauthorized use of your credit card by a third party, you must contact your bank or card issuer immediately after realizing such unauthorized use. In such a case, we have no responsibility over any case of credit card fraud or unauthorized use of your credit card by a third party, regardless of whether such fraud or unauthorized use was carried out through the Website or RTS’s services other than where this arose from the fraud, negligence or willful action of RTS or as otherwise required by law. Except as otherwise provided by law, RTS is not obliged to make refunds or repayments to you as a result of such fraud. We accept no liability of the fraud or unauthorized use of your credit card if it was done through applications or servers other than our own or if it is a result of a fault or negligence of your own.
- When using a card, you must make sure that there are sufficient funds to cover the transaction costs or any amounts to be paid or payable. You agree to bear any fees incurred by you for authorizing a transaction that results in an over-drawing of your account.
- In certain cases, we may require additional information or verification to validate and confirm the payment or Reservation.
- Where any monies are to be refunded, including by means of credit card chargeback, and subject to any applicable rights you may have at law, we have the right to withhold or take part of the amount paid to reimburse the reasonable costs that have been incurred in connection with the same.
Article 17 (On-Site Payment)
- Any price to be paid on Site by you shall be priced in the currency that was specified by the 3P Provider displayed on the Reservation Page. Any price converted in the displayed currency then selected by you is only a reference price and does not guarantee the price to be paid on Site. RTS is not liable in any way for the price as actually charged.
- The payment method (cash, credit card, or other method) that the user can use to pay at the Site shall be in accordance with the options for payment provided by the 3P Provider. However, if the payment method is specified in the Reservation details according to the conditions of the Reservation, that method shall take precedence. RTS is not liable in any way for the availability of any method of payment.
- If you pay in cash on Site, you agree that the currency to be used is mainly the official currency as used at the Site in the country it is located in. You agree to check with the 3P Provider beforehand to confirm if any alternative currency can be used. RTS is not liable in any way for any decision of the 3P Provider for the currency to be used.
- If the 3P Provider requires your credit card information for the purpose of making a deposit for the Reservation in relation to the 3P Service, you must provide valid credit card information to the 3P Provider through the Website at the time of the application for the Reservation. If the credit card provided by you is not valid or the credit card company refuses to accept the credit card or charge for any reason, you agree that RTS or the 3P Provider may change the payment method, cancel (or reject) the Reservation, or take any other action deemed necessary by RTS without notice or your consent. You agree that RTS or the 3P Provider shall not be liable for any damages incurred by you or any Traveler as a result of the foregoing.
- Subject to Article 19, you agree that any Change Fees or any amounts incurred due to no-shows, correction of names (as stipulated in Article 8 (3)), and other changes and cancellations are to be settled with your credit card.
Article 18 (Adjustment of Fees for Change or Cancellation)
- You agree to pay Change Fees in accordance with the method provided by RTS, except when agreed or stipulated in writing by RTS separately.
- Such method shall be as either of the following methods:
(i) (For online card payment at the time the Reservation is made) Settling the amounts via charging to, or withdrawal against, the credit card specified by you, in which case any Travel Fees received at the time of booking will be refunded after deducting the Change Expenses and other nominal costs that are payable to the 3P Provider; or
(ii) (For Users who select On-Site payment, Users who select On-Site payment will be prompted to enter a credit card number as security for deposits and/or cancellation) Settling the amounts via charging to, or withdrawal against, the credit card specified by you for security or cancellations, in which case, the User will be notified of the Change Expenses and other nominal costs that are payable to the 3P Provider by display on the page setting for our Change options or information. The Change will be effected when the payment is authorised and received.
- You agree that RTS may charge or adjust any fees arising from any Changes and the funding of the same via a credit card.
Chapter 6. Prohibitions and Restrictions on using the Website and services
Article 19 (Prohibitions)
- The User shall not engage in any of the following acts (including any act RTS reasonably considers to be likely to fall under or be similar to such acts) in connection with the use of the Website or any services made available through it, namely any act (or omission) that would:
(i) Breach these T&C;
(ii) (in RTS’s opinion and in any way) Infringe the rights of (or be adverse, harmful or not suitable) to the interests of RTS, any Rakuten Group member, a 3P Provider, other user, other third party;
(iii) Be a failure to perform obligations owed to a 3P Provider or RTS (including, without limitation, payment of any amounts due or payable in accordance with the T&C or other contracts;
(iv) Prevent the 3P Provider or RTS from contacting you whether by providing or registering false or fictitious contact information, or by intentionally refusing to (or otherwise failing to) respond in a timely manner;
(v) Constitute use of this Website, its contents or any services provided by or through the Website for any commercial purpose including (but not limited to) making Reservations or procuring services or products for the purposes of resale, holding tours;
(vi) Involve use of this Website via any method other than the methods approved by RTS;
(vii) Access, monitor, perform surveillance, download or copy any content, information or activity of or in connection with this Website (including, without limitation use of any robot, spider, scraper or other automated means or any manual process) for any purpose without our express written permission;
(viii) Breach or violate any restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(ix) Execute any processing that imposes, or may impose, an unreasonable or disproportionately large load on RTS (or any Rakuten Group Member) and their affiliates infrastructure – including any processing that RTS deems has the potential to do so;
(x) Deep-link any user or person to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission;
(xi) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization;
(xii) Constitute or be deemed anything done by a User who is a person under the age of 18 (For Taiwan: the age of 20, and with effect from 2023, the age of 18) (or such other age at which majority is reached in the country or territory where you are located) including the use or reliance on any content prohibited by RTS or allows such a person to use a service provided by a 3P Provider through said content;
(xiii) Breach, infringe or violate any laws, regulations, or ordinances, or engage in any act that is against public order and morals;
(xiv) Engage in any act that is prohibited or considered inappropriate by RTS;
(xv) Make any speculative or fraudulent Reservation or Reservation in anticipation of demand;
(xvi) Send or store any material to or through the Website that (1) violates any law, regulation, or rules, or which can support unlawful or criminal activities; (2) is defamatory, slanderous, false, obscene, threatening, libelous or otherwise unlawful or tortious; (3) is spam or other unsolicited messages or otherwise causes nuisance, annoyance or inconvenience; or (4) infringes upon the intellectual property or other rights of any entity or person;
(xvii) Imitate or impersonate any person or entity for any purposes;
(xviii) Manipulate or falsify information with the aim to disguise the origin of statements provided;
(xix) Gain unauthorized access or perform unauthorized modification to the Website or other related website, other accounts, computer systems, networks connected to the Website through hacking, password theft or other similar matters;
(xx) Obtain or attempt to obtain any materials or information by ways that are not intentionally supplied by the Website including but not limited to obtaining or collecting information about others such as email addresses;
(xxi) Constitute fraudulent acts or actions that aim to manipulate a search engine results page, perform search engine optimization, "spamdexing", or deploying cloaking, metadata, title tags, content scraping, link schemes, google bombing, using search keywords, hidden text or hidden links, link schemes, comments containing spam and other matters;
(xxii) Make derivative works based on the Website and/or any of the services available through it, or reverse engineer or access the underlying software for any reason;
(xxiii) Use the Website to build a competitive product or service;
(xxiv) Use the Site while being subject to any prohibitions or restrictions by any sanctions program, or subject to any penalties under any anti-money laundering regime.
- When RTS considers that any User’s acts fall under any of the items listed in the preceding paragraph, RTS may suspend the User’s use of the Website and/or cancel the User’s account or any other or restrict access to any of the Website functionalities or services without prior notice to the User, and you agree that RTS assumes no liability and is not liable whatsoever for any damages or loss arising therefrom whether incurred by you, any Traveler or any third party.
Article 20 (Indemnification by and Responsibility of Users)
- You agree to fully indemnify and hold harmless RTS and any member of the Rakuten Group for any damage, loss or expense (including but not limited to reasonable attorney’s fees) caused by any breach of the T&C whether arising intentionally or negligently, and whether such losses are direct or indirect, consequential (or not), or foreseeable (or not).
- You acknowledge and agree that you have sought legal advice (except in countries where requiring the same is unlawful) and fully comprehend and voluntarily accept and agree to all your rights, liabilities and obligations under these T&C or any agreement for 3P Services.
- If at any time after the start of use of services under the T&C, and after entry into any agreement for the 3P Services, you become aware that any particulars or any agreement relating to any 3P Service differs from information on the 3P Services posted on the Website in accordance with Article 6 or the Travel Information Service, you shall promptly notify the 3P Provider or RTS, failing which your agreement to the terms as concluded for the 3P Services will binding. Any notice received after or on commencement of arrangements for the 3P Services will be at your risk and liability.
Article 21 (Suspension or Interruption of Rakuten Travel)
RTS reserves the right to stop or suspend the provision of entire or partial services of the Website without prior notice to you for purposes of addressing regular or emergency maintenance of any system linked to the Website for any purpose including addressing system load requirements, security requirements, or any other event or requirements which RTS reasonably deems relevant.
Article 22 (Force Majeure)
No failure or delay by RTS in the performance of any obligation contained in these T&C, etc. shall result in any liability for RTS of any kind when such failure or delay is due to any cause or causes beyond the control of RTS (in whole or in part), including, without limitation, fires, natural disasters, walkouts, terrorism, wars, suspension, delay, or interruption of systems or loss of data due to defects in communications lines as well as computers, or unauthorized access to data.
Article 23 (Exclusion of Liability)
- RTS does not warrant that any email or message sent from the Website, or any system, server, domain, connected with it, or RTS will reach the intended recipient. RTS does not warrant that the contents of the Reservation Service or Travel Information Service do not contain any computer virus, malware or any other harmful programs.
- RTS is not obliged to (and disclaims all liability to) actively monitor the truth, accuracy, reliability, or other nature of the travel-related information posted on the Website, or through the Travel Information Services, Reservation Services, or by a 3P Provider.
- RTS expressly reserves the right (but has no obligation) to correct any pricing errors on our Website and/or Reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your Reservation at the correct price or we will cancel your Reservation without penalty or liability to you. To the extent permitted by the applicable law, neither RTS nor any 3P Provider is under no obligation to provide any products and services to you at an incorrect (lower) price, even after you have been sent confirmation of your Reservation.
- You agree to be solely liable for any loss or damage arising from or in connection with: (i) any failure to settle payment by the settlement due date; (ii) defects in your communication devices, internet service provider or any network you use for accessing the Internet (including but not limited to email environments, network or communication environments); (iii) prohibited conduct in Article 20; (iv) any breach of these T&C; or (iv) any other acts or omissions solely or partly attributable to the you or your Travelers.
- Each of RTS or any member of the Rakuten Group is not liable for any costs, expenses, claims, or damages incurred to you or arising out of any services provided through or in connection with the Website. This includes, but is not limited to, relocation costs. RTS or members of the Rakuten Group have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority. To the extent allowed by the applicable law, in no event will RTS or any member of the Rakuten Group (or any of their affiliates), or 3P Providers be liable to you or any third party for any direct or indirect damages, punitive damages, incidental damages, special damages or consequential damages whether based on a legal theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, even if any of them have been advised of the possibility of such damages or in any way connected with by user access, display of or use of this Website causes the delay or inability to access, display or use this Website (including, but not limited to, user reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) be not liable. If, despite the limitation above, RTS or any member of the Rakuten Group and each of their affiliates companies, or 3P Providers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of RTS, the member of the Rakuten Group, affiliate or 3P Provider (as the case may be) will in no event exceed, in the aggregate, the greater of the fees you paid to the RTS or any member of the Rakuten Group in connection with the relevant transaction(s) or Reservations on this Website. These exclusions or limitations do not apply to loss arising from personal injury or death where RTS, the member of the Rakuten Group, affiliate or 3P Provider is liable. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS HEREIN, WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND THE LIABILITY OF RTS AND RAKUTEN GROUP WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years (or any lengthier period as may be minimally required by applicable law in any jurisdiction where the two (2) year period is insufficient to be enforceable) from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
Article 24 (Intellectual Property Rights Generally)
This Website is protected by intellectual property rights (“IPR”) including but not limited to trademarks, copyright, patents, rights in goodwill, or analogous rights as may subsist anywhere in the world. We and/or third-party licensors are the owners of the IPR. You are granted a limited, personal, revocable licence to use the Website and any content provided through for the sole purposes of using the Reservation Services and Travel Information Services, each in accordance with and only to the extent consistent with these T&C and no other purpose. All other rights are reserved. Use of third party IPR on the Website is not considered a recommendation or sponsorship for the Website by third parties. You must not modify, reproduce, copy, perform, display, publish, or exploit any content available on or though the Website, in whole or in part, unless you have express written consent from us. We are not responsible (and exclude liability) for: (i) IPR owned by third parties or for your and/or (ii) other party's infringement of IPR owned by third parties. Additional terms apply to content posted by third parties in user reviews including notifications or take-down or reinstatement procedures. We will handle such notifications in accordance with Singapore law.
Article 25 (Disputes, Governing Law and Jurisdiction)
- The T&C, the Reservation Service and Travel Information Service are governed by the laws of Singapore. You hereby consent to the exclusive jurisdiction and venue of courts in Singapore, in all disputes arising out of or relating to the use of the Website. The foregoing is subject to the application of any applicable laws in the location where you are, as a consumer, based and in the event that such law mandatorily requires that an alternative jurisdiction to apply, then we agree that such alternative jurisdiction would become applicable. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of the T&C, including, without limitation, this paragraph.
- The performance of the T&C, the Reservation Service and Travel Information Service is subject to existing laws and legal procedures, and nothing contained in the T&C limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
- You agree that any differences or disputes arising between you, any user and/or any 3P Provider shall be resolved directly between you and that user and/or 3P Provider (as the case may be), and you agree to release RTS and each member of the Rakuten Group from any liability in relation to or in connection with the same except where the same relates to any rights, liabilities or obligations of RTS in relation to these T&C.
Article 26 (Miscellaneous)
- If any part of the T&C is found to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of the T&C at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
- The Terms, etc. shall be drafted and construed in English. Should Rakuten offer a translation of the Terms, etc. in another language, said translation shall be offered as nothing more than a reference, and the User affirms and agrees that neither party shall be bound in any way by it. Should any discrepancies appear in the English and a translated version of the Terms, etc., the English version shall prevail. Some translations are powered by Google for which the following terms as applied through Google Translation API Terms apply, namely: “THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.”
- You may not assign, convey, or delegate User's rights, duties or obligations hereunder. Other than members of the Rakuten Group claiming rights, or benefits under these T&C, no other person has any rights under the Contracts (Rights of Third Parties) Act 2001 to enforce any term of the T&C. Members of the Rakuten Group Companies (and any affiliates mentioned) shall be entitled to enforce the disclaimers and limitations of liability set out in the T&C. Any rights not expressly granted herein are reserved.
- You acknowledge and agree that 3P providers are independent business entities and not agents or employees of RTS or any member of the Rakuten Group. Neither RTS nor any member of the Rakuten Group are liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such 3P Providers or for any personal injuries, death, property damage, or other damages or expenses resulting for which such 3P Providers are liable.
- This Website may contain hyperlinks to websites operated by parties other than RTS. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites.
This Website is accessible from only certain locations, and access to it and any functionality from a specific location may vary. The Website as accessible in your country may not be accessible in all or the same respects or functionality which was accessible when you are outside that country and RTS does not make any representations or warranties regarding the access or use of the Website, including availability and access to the products and services, outside of your country.
In the event that any provision of this T&C shall be found to be invalid, illegal, or unenforceable due to applicable law, you agree that: (i) such invalidity, illegality or unenforceability of any part shall not result in the invalidity, illegality or unenforceability of another part, and you agree with us that the rest of such other provisions will continue to apply, (ii) (including in the event that the proviso set out (i) is itself valid, illegal or unenforceable) you agree with us to substitute an alternative provision which would be intended to achieve as similar a commercial effect or result as possible as the provision of this T&C to be invalid, illegal, or unenforceable.
Chapter 7. Special provisions for using the (https://travel.rakuten.com/twn)
Article 27 (Application of Special provisions)
This Chapter 7 of the T&Cs, (the “TWN T&Cs”) and this service for Rakuten Travel site “https://travel.rakuten.com/twn” (“TWN Site”) should be read in conjunction with the T&Cs. All terms defined in the Website T&Cs have the same meaning in this TWN Site. These are governed by the laws of the Republic of China. The TWN T&Cs shall be construed in accordance with the laws and regulations of Taiwan. You hereby consent to the exclusive jurisdiction and venue of courts in Taiwan in all disputes arising out of or relating to the use of this website.
Article 28 (Special Provisions on Points)
- Rakuten Points – Rakuten Points ("Points") may be awarded to Users of the sites listed below at our discretion.
TWN Site https://travel.rakuten.com/twn
- Rakuten Members – To receive and use points on the applicable website indicated, you must have registered as a member (“Rakuten Member”) of under the corresponding Website and Rakuten Membership Policy, and (for Taiwan) must have registered with and agree to the terms provided by Taiwan Rakuten Ichiba（https://www.rakuten.com.tw/policy/qa_result_30100/）. Where so, you agree that such other terms will also apply, including as per details set out in Chapter 8. You also agree that the Terms of Service stipulated by Taiwan Rakuten Ichiba apply.
- Exclusions – You agree that Points (whether accruing under or in connection with Taiwan Rakuten Ichiba, or any country agreement or policy relating to Points) will not be usable or awarded to the following persons who fall under any of the following exclusionary criteria: (i) Users who used a site other than the target site (TWN Site); (ii) Users who are not registered as or who do not log in as a Member; (iii) Users who have not agreed to or comply with the Rakuten Membership Policy and any related agreements (as maybe prescribed by RTS) relating to their status as a Member.
- You may earn Points if you first register as a Rakuten Member and agree to the terms and conditions of “台灣樂天市場股份有限公司” (Taiwan Rakuten Ichiba Inc) (“RTWN”). For Users registered as such (“TWN Users”), all Points are issued by RTWN. For the avoidance of doubt, nothing in this Chapter 7 will supersede or contradict Article 28 (1) and 28 (2) of the T&Cs.
- Where any matter concerning the grant or use of Points is not stipulated in these T&Cs or these TWN T&Cs, the terms, rules and guidelines of樂天點數使用規約as set out by RTWN, found at https://www.rakuten.com.tw/policy/qa_result_30200/ (“RTWN Rules”) shall apply.
Article 29 (The award of Points; and refund of Points due to Changes)
- RTS will award Points at the rate specified by RTS when the user uses the service subject to the grant, which is separately determined by RTS.
- Except where RTS specifies otherwise in any specific arrangement, Points are calculated and awarded at such rates as may be applicable as at the time of the making of any Reservation, taking into account any Coupons or rates for 3P Services as may be applicable at that time.
- Points will be awarded after a certain period set by RTS has passed after actual use of the 3P Service. When RTS confirms that a Change to a Reservation has been made, or where the price of the 3P Services has been changed, the Point conversion result will be adjusted and changed accordingly.
- If and when Points are returned to your account due to Changes to Reservations, you acknowledge that some or all of the refunded Points may be expired according the RTWN Rules.
- RTS shall not be liable in any way for expired Points without exception.
- Points will not be awarded for cancellation fees paid for Changes of Reservations.
Article 30 (Use of Points)
- Points may be used to settle (some or all of) the price of 3P Services in relation to a Reservation except and subject to (1) any statement or notice provided on the Website at the time of Reservation; and/or (2) where expressly provided by RTS.
- Notwithstanding anything stated in these TWN T&Cs, Points will be converted or used only at the rates specified by RTS.
- Once a Reservation is made, you agree you will not be able to change or cancel the number of Points used or applied at the time of Reservation.
- Points may only be used after the application of any coupons (if any) and not before.
- If, following a Change, the original amount of Points utilised exceeds the amount permitted for use on the modified Reservation, the excess Points will (unless subject to other notices or provisions) be automatically returned to your account the next day after the Change, except in situations where you contact the 3P Provider directly to request the Change, in which case, more time may be needed to effect the refund.
- If, following a Change, the original amount of Points utilised together with any payment is less than the amount required on the modified Reservation, no additional Points may be added and you will be required to top up the shortfall via payment of the same.
- In the case of a Change which is a cancellation of a Reservation, RTS will be entitled to automatically apply the Points used at the time of Reservation to the payment of the Change Fees incurred. If the number of Points used at the time of Reservation exceeds the amount of the Change Fees, the excess Points will be returned to your account.
- Except as provided in Article 30 (7) at RTS’s discretion or where RTS otherwise permits, you will not be able to use Points to pay for Change Fees.
Chapter 8. Rakuten Membership
Article 31 (Definitions)
- "Rakuten Group" refers to group companies and subsidiaries of RTS and Rakuten Group, Inc. In addition, the company designated as a group company is updated from time to time.
- "Membership" means an individual who is not in violation of the provisions of these T&Cs who uses the Service by registering and logging in to an account in the manner prescribed by us.
- "Rakuten ID" refers to a common identity program, including a single login function, and its accounts for easy access to Rakuten Group's globally deployed services.
- "Rakuten Membership" means the user who owns a Rakuten ID.
Article 32 (Rakuten Members)
- The user may create an account (hereinafter referred to as the "Account") for which the user can log in to the Services in accordance with the terms and conditions set forth in these T&Cs.
- If the user already has a Rakuten ID in the group, the user can create an account using the relevant Rakuten ID and log in. In this case, the user is required to register the matters necessary to create an account in this service.
- Users may use the Service without registering as a member. In this case, said user shall not be entitled to the membership service.
Article 33 (Membership Registration Procedures and Membership Qualifications)
- Any user who wishes to register as a member shall perform the account registration procedures in accordance with the rules set forth by us. The foregoing procedures shall be undertaken by the user itself and shall not be permitted by the Agent. In addition, an application for membership may not be accepted in the event that the member has lost his or her membership status in the past or we judge it inappropriate.
- When registering as a member, please read the precautions carefully and fill in the appropriate fields.
- Although the membership registration for the Service may be made only once per person, the fact that we have not cancelled multiple accounts or abnormal accounts does not mean that we have agreed or approved multiple accounts or abnormal accounts. Even if the registration procedure has been completed, when we have confirmed the existence of multiple accounts or abnormal accounts (for example, we will determine that the Service is a multiple account by using the same recipient address, recipient, or note content, or by registering multiple locations using suspicious personal data, etc.), we shall be entitled to refuse to provide all or any part of the Services (including, without limitation, credit card payments, campaigns, rebates, etc.).
- The membership shall guarantee the accuracy of the registered contents in accordance with Article 3 in the account registration procedures under this Article.
Article 34 (ID and password management)
- Members shall regularly change their IDs and passwords so that others will not be aware of them, and the Members shall manage them responsibly. The Company shall provide the Services and the Membership Services as if they had been used by the Member when it has confirmed in the prescribed manner that the combination of the ID and password entered or used coincides with the one registered by the Member. The Company shall not be liable for any damage caused by the use of the Account by any third party other than such Member due to theft, unauthorized use, or other circumstances.
- If the Membership discovers or suspects that the Account, ID, and password are being used improperly by a third party, or if there is a security concern, the Member must immediately notify us and we shall take appropriate measures such as discontinuing the processing of transactions arising from the Account and subsequent use. In this case, the membership shall acknowledge that the group service to log in using this account may become unusable.
Article 35 (Change of Registration Information)
In the event of any change in the information registered in this account (hereinafter referred to as "registration information"), the Membership is expected to promptly change the registration information according to the prescribed method. We shall not be liable for any damages suffered by the Membership due to the failure to change the registration information. In addition, even if a change is made, transactions that have already been processed prior to the change will be based on information prior to the change. In the event it is necessary to notify the other party of the relevant transaction of the details of the change in the registration information, the membership shall contact the said party directly.
Article 36 (Handling of Personal Information of Members)
Article 37 (Prohibition of Members)
- When using the Member Service and the Service, the Member shall comply with the prohibited matters set forth in Article 20 of these T&Cs.
- A member shall not engage in unauthorized access, use of a third-party account, create or hold multiple accounts, or conduct similar thereto.
- The Membership shall not assign, lease, sell, pledge as collateral, or otherwise dispose of any and all rights and obligations, including but not limited to this Account and the status of these T&Cs, to any third party.
Article 38 (Suspension of Use, Revocation of Membership Qualification, etc.)
- In the event the Member determines that the Member falls under any of the following items, the Company shall be entitled to take measures such as suspension of use of the Member Service by such Member, suspension of the Account, change of ID and password, or cancellation of membership qualification of such Member without prior notice. In this case, the Membership may not be able to use the Service. In addition, in all services that support login with this account, the accounts created by each service may be deleted at the same time, and they may not be available for each service. We shall not be liable for any disadvantage or damage suffered by the Membership as a result.
(i) When a member has committed an act in violation of laws and regulations or these T&Cs.
(ii) When a member has committed a fraudulent act in connection with the use of the membership service.
(iii) When it is necessary to secure the security of memberships such as a certain number of mistakes in entering passwords or more than a certain number of times.
(iv) In the event a member violates each of the terms and conditions stipulated by the Group, and the account is suspended by any of the Group.
(v) In the event we reasonably deem it inappropriate.
- In addition to the preceding paragraph, in the event a Member does not log in for a certain number of times within a certain period of time as set forth by us, we shall be entitled to take the measures set forth in the preceding paragraph without prior notice.
- In the event that a Member suffers damage or incurs expenses (including, but not limited to, fines, petty fines, damages, settlement money, court costs, reasonable attorneys' fees, etc.) as a result of the Member's violation of these T&Cs, or in the event such Member receives a fraudulent interest (e.g., points obtained by fraudulent means/coupons for use, etc.), the Member shall be liable for such compensation in addition to the return of such profit.
Article 39 (Withdrawal of Members)
- Any member who wishes to withdraw from the membership service shall complete the necessary withdrawal procedures.
- Upon the withdrawal from the membership in the preceding paragraph or for any reason whatsoever, a member shall immediately be unable to use the Account and the membership services (including, without limitation, the points granted, incentives, membership coupons, etc.). All the rights of the member which were held in connection with the membership service at that time shall be extinguished except as otherwise stipulated by us or the group with respect to each service, and the member shall not be entitled to make any claim against us or the group. Provided, however, that in the event that a member had any obligation to us or the group prior to the termination of these T&Cs, such obligation shall not be extinguished, and the member shall be required to repay all such obligations to us and the group immediately after the termination of these T&Cs, except as otherwise provided by us in these T&Cs or by the group with respect to each service.
- In the event that the membership withdrawal procedures are implemented, the member shall approve in advance that accounts created by the respective services may be deleted at the same time for all services corresponding to the login in Rakuten ID and may become unavailable for the respective services, and shall withdraw after confirming the precautions prior to completing the procedures.
- The withdrawal process will not automatically cancel our newsletter subscriptions unless otherwise specified. If you want to cancel the subscription, you can access the relevant page at any time to cancel the subscription.
- Even in the event of withdrawal procedures, the reservation established through this Service shall be validly established.
Article 40 (Change, Suspension, Termination, etc. of Membership Services)
We shall be entitled to suspend or suspend the provision of the Software and the Hardware systems and equipment without prior notice or announcement in order to provide the Services in good condition at all times, in the event that the Services interfere with the operation of the Services due to periodic relocation, exchange, upgrade, backup, maintenance, repair, emergency maintenance, system and equipment failure due to unforeseen circumstances, system overload, etc. We shall be entitled to take such necessary measures as suspending or suspending the provision of any or all of the services without prior notice or publication. We shall not be liable to the extent permitted by applicable law for any damage suffered by the user due to the suspension or suspension of the above-mentioned services.
Article 41 (Disclaimer)
- The Member shall understand and accept that: (i) there are no errors, bugs, defects or security defects with respect to the Member Services provided by us; (ii) neither we nor the Group makes any warranty as to whether the Member does not infringe the rights of any third party, has the nature expected of the Member and is in conformity with the applicable laws and regulations applicable to the Member; and (iii) the Member Services are provided as they are at the time of the provision of the Member Services, and shall use the Member Services at its own responsibility.
- We and the Group make no warranty under these T&Cs as to the authenticity, accuracy, up-to-date, usefulness, reliability, legality, and non-infringement of the rights of third parties with respect to the services available under this Account.
- We and the Group shall not be liable for any damages suffered by users in violation of these T&Cs to the extent permitted by applicable law.