- Article 1 (Scope of application)
A service (hereinafter referred to as “the service”) by which the Setouchi Island Cruise Co., Ltd. (hereinafter referred to as the “Company”) transports Users on non-passenger vessels (hereinafter referred to as a vessel with a capacity of 12 people or fewer). The contract to be concluded with the User shall be in accordance with the provisions of these Terms of Service, and matters not stipulated in these Terms of Service shall be in accordance with the law or generally established practice. - Article 2 (Application for Use)
If you intend to apply for a contract related to the use of the Service by the Company (hereinafter referred to as the “Use Agreement”), the Company shall offer the following matters to the Company according to the method designated by the Company.- User name
- Desired course
- Number of Users
- Use date
- Other matters required by the Company
- Article 3 (Formation of Terms of Use and Course Fee, etc.)
- Section 1: The contract of use shall be established based on the contents of these Terms of Service when the Company accepts the application under the preceding Article. Even if the Company does not accept the application described in the preceding article, it is not obligated to explain the reason.
- Section 2: If the usage contract is established in accordance with the provisions of the preceding paragraph, the User shall pay the course fee and the food and drink price by the date designated by the Company in the manner designated by the Company. In addition, the transfer fee in the case of transfer to a financial institution account shall be borne by the User.
- Section 3: The course fee is the amount to be posted on the Company’s website.
- Section 4: If the User does not pay the full course fee and food and drink fee according to the provisions of the same paragraph by the date of paragraph 2, the Company may treat the application for the usage contract as withdrawn.
- Article 4 (User's Right to Cancel Contract)
- Section 1: The User can offer to the Company and cancel the usage contract (hereinafter referred to as "cancellation").
- Section 2: When there is a cancellation of the usage contract due to the User's convenience, the Company shall receive a cancellation fee as follows, and the Company shall calculate the refund amount obtained by subtracting the cancellation fee from the received course fee and food and drink fee.
- From 7 days before to 4 days before use date: 50% of course fee and food and drink
- From 3 days before use day to the first day of use: 100% of course fee and food and drink price
- Section 3: If the User does not arrive at the Company at the time designated by the Company on the first day of use, the Company can treat the contract as though the User canceled the use contract on the first day of use.
- Article 5 (Right of contract cancellation etc. by the Company)
- Section 1: In the following cases, the Company may cancel the usage contract and cancel the provision of the Service (in the case of cancellation during the provision of Service and return to port) without any prior notice to the User. The Company may restrict or decline the use of this Service, in which case the Company will not refund the course fee and will not be liable to the User for the food and drink fee.
- When it is determined that there is a risk that the User or his/her companion may act against the provision of laws, public order, or good manners or customs regarding use.
- When the User or his/her companion is determined to have an infectious disease.
- When the User or his/her companion makes a demand that exceeds reasonable use.
- When the User or his/her companion does not obey the prohibition of smoking on board or tampering with smoke detection equipment, etc.
- When the User or his/her companion cannot sign the written consent under paragraph 2 of the following Article, or when he/she violates the content of the written consent or is found to be likely to violate it
- When a User or his/her companion comes under the following categories:
- Is a member of anti-social forces such as gangs
- Is a member of anti-social forces such as gangster corporations or other groups that control business activities
- Is a member of a corporation which falls under the gangster category or the like
- Makes statements or acts in a way that causes significant inconvenience to the Company, to other Users or to other parties
- Makes violent demands on the Company or related persons of the Company
- In cases where the User or his/her companion has been violent, intimidated others, made unreasonable demands and similar acts, or when it has been found that they have committed these acts in the past
- When it is difficult for Users or their companions to secure their own safety due to physical exhaustion, drunkenness, drugs, etc., or when it is determined that there is a risk of causing a sense of danger, fear or anxiety in other Users or persons concerned
- In cases where the User or his/her companion talk loudly, sings or acts in the Company or elsewhere on the ship in a manner that provokes or annoys other people or goes against public order and morals
- When the User violates the usage contract
- When the User or his/her companion commits an act similar to the above-mentioned acts against other Users
- Section 2: In the following cases, the same shall apply. However, in this case, the Company shall refund the User an amount not exceeding the amount that the Company reasonably sets as the amount corresponding to the provided Service, the course fee and the food and drink fee.
- When the operation itself can not be performed due to the influence of weather, sea conditions, or other unavoidable reasons
- When the operation itself can not be performed due to a sudden trouble or the like with the ship
- Section 1: In the following cases, the Company may cancel the usage contract and cancel the provision of the Service (in the case of cancellation during the provision of Service and return to port) without any prior notice to the User. The Company may restrict or decline the use of this Service, in which case the Company will not refund the course fee and will not be liable to the User for the food and drink fee.
- Article 6 (User Registration, etc.)
- Section 1: On the day of use, the User is required to register the following matters with the Company for the User and his/her companions according to the method determined by the Company.
- Name, date of birth, and address
- Other items deemed necessary by Company
- Section 2: The User is required to sign a written consent form regarding matters to be observed while aboard the ship and the responsibility of the Company. The same applies to the User’s companions.
- Section 1: On the day of use, the User is required to register the following matters with the Company for the User and his/her companions according to the method determined by the Company.
- Article 7 (Refunds etc.)
If the Company refunds all or part of the course fee and the food and drink fee to the User according to the provisions of Article 4 (2) or Article 5 (2), the Company will pay the refund due under these provisions in the manner prescribed by the Company. Refund processing will be performed by the end of the month following the month in which the incident occurred. - Article 8 (Compliance with the captain's instructions etc.)
Users are required to follow the instructions of the captain and other staff and the usage rules defined by the Company and posted on the ship. Users shall also have their companions comply with these instructions and usage rules. - Article 9 (Sales, operating hours, etc.)
- Section 1: Business hours of Company vessels will be announced on the Company’s website, in the provided brochures, on notices in various places, and in on-board service information.
- Section 2: Sales and operating hours may be changed temporarily if necessary. In that case, the Company will notify Users by an appropriate method.
- Section 3: Regarding the Service, even if the Company indicates a return time to port, it is not a promise to return by a set time. Even if the return to port is delayed, the Company does not take any responsibility for the User.
- Article 10 (Company responsibility)
The Company will compensate the User for any damage caused by the Company's intent or negligence, the performance of the contract of use, or the failure to perform such use. However, unless there is deliberate or serious negligence by the Company, the amount to be compensated by the Company is limited to the course fee paid by the User and an amount equivalent to the food and drink price. - Article 11 (Storage of User’s Lost Belongings)
When a lost item found on the ship and the owner is known, we will contact the User and ask for instructions. However, if there is no instruction from the User or if the User is not known, the Company will process the item according to the Lost and Found Act. - Article 12 (parking lot)
There are no parking facilities available at the Company’s facilities, so please use taxis, vehicles arranged by the hotel, and public transportation. - Article 13 (Responsibilities of Users)
If the Company suffers damage as a result of user intent or negligence, the user will be liable for the damage to the Company. - AArticle 14 (Contact)
As a rule, the Company will contact Users via e-mail or by postal mail at the address provided by the user. - Article 15 (Governing law and jurisdiction)
- Section 1: Usage Agreement and all legal relationships regarding the Service shall be governed by and construed in accordance with the laws of Japan.
- Section 2: The Takamatsu District Court shall be the exclusive agreement jurisdictional court for all disputes regarding the contract of use or this Service.
【First Edition】 April 12, 2019
【Second Edition】 April 23, 2019