Article 1 (Protection Policies and Handling of Personal Information)
SPICE SERVE Co., Ltd., operator of “Iwaiya” service, (hereinafter the “Company,” “we,” “us,” or “our”) is deeply aware that it is a significant responsibility of a corporation to give utmost care to the management of personal information of customers including their names, addresses, telephone numbers, and e-mail addresses, and to their protection.
To responsibly protect personal information of customers, the Company will comply with laws and regulations on personal information, and we also establish these policies and will thoroughly implement and continuously improve them.
1. Collection of personal information
Before collecting personal information of a customer, the Company will obtain his/her consent by informing him/her of the purposes of using the information, and will use it to perform a contract with him/her and provide better services.
2. Purposes of using personal information
Before collecting personal information, we will inform the person of the purposes of collection and collect it to the extent necessary. We will use personal information collected through the content and services on the Website for the following purposes:
・ To operate services and systems to improve the convenience of the website of Company.;
・ To provide notices, maintenance, and important information ;
・ To provide information on cruise projects and privileges;
・ To conduct questionnaire surveys;
・ To send mail-order products of the Company and process payments; and
When so requested by a customer, the Company will, after having verified his/her identity, correct, change, or discontinue using his/her personal information.
3. Third party provision of personal information
The Company will under no circumstances provide personal information of a customer to a third party, except where:
・The customer gives his/her consent or approval in advance;
・The Company receives an inquiry from public agencies under laws and regulations; or
・The Company, in order to entrust business of credit card transactions, entrusts personal information to the minimum extent necessary to a processing company, with whom we have concluded a contract concerning the proper handling of personal information.
4. Inquiries and correction of personal information
When a customer makes any request (including for questions and correction) regarding his/her information registered with us, the Company will respond to it in good faith. To verify the identity of a requester, we will verify his/her identity by appropriate means.
The latest information is the one published in our website.
Article 2 (About Company’s Website)
1. About Internet reservations
At the time when a customer makes a request or makes an inquiry via the Internet, the Company will deem that the customer has consented to the terms of the Company concerning the protection of personal information.
2. Scope of the protection of personal information
The Company will not be responsible for the protection of customers’ personal information that may be collected on any website of a third party from which the website of the Company is linked.
However, part of the features may become unavailable.
Article 3 (About Collection and Use of Attribute Information and Action History Not Identifying Individuals)
1. About collection and use
The Website uses programs of an ad-serving company and other third-party providers to (i) serve behavior targeting advertising (an advertising method of serving advertisements personalized for the user’s interests and concerns based on website browsing information etc.) on specific websites, (ii) manage the website, and (iii) measure the access status.
Without effectuation of opt-out, not only cookies of Google, but those of third-party distributors and ad networks may be also used.
2. Opt-out page
Google opt-out page：http://www.google.co.jp/policies/privacy/ads/
3. About the exercise of rights provided in the GDPR (EU General Data Protection Regulation)
When a customer in an EU country, to whom the GDPR applies, wishes to exercise any right under the GDPR, he/she will contact the point of contact for inquiries (firstname.lastname@example.org). When it is not properly processed, the customer is entitled to file a complaint with the supervisory authority.
SPICE SERVE Co., Ltd. (hereinafter the “Company,” “we,” “us,” or “our”) provides, with respect to “Iwaiya” service (hereinafter the “Cruising Service”), these general conditions (the “General Conditions”), with which the Company and a customer (you) will comply. Please confirm their contents and submit this document to us by affixing your signature and seal below. In this case, please note that by affixing your signature and seal, these General Conditions will come into force as an agreement (the “Agreement”) accurately stating agreements between the Company and you.
◆Article 1 (Purpose of General Conditions)
As the Company provides based on your request a necessary ship for the Cruising Service and other paid contents, these General Conditions aim at providing for matters related to rights between you and us, and allocate the interests and risks of both in an equitable manner. The contents of these General Conditions must be also communicated to all participants traveling together with the organizer, and they will be deemed to have understood and consented to them.
◆Article 2 (Provision of Cruise)
1. The Company will provide a customer with the Cruising Service with the due care of a prudent manager.
2. Details of the Cruising Service that the Company provides to the customer will be determined by annexed documents and separate agreements between both parties.
3. Without the individual consent of the customer, the Company, may at our discretion outsource to a third party part of the service that the customer requests.
◆Article 3 (Payment of Fees and Other Procedures)
1. After receipt of an inquiry from a customer, the Company will hear his/her desires and present an estimate, and when both parties reach an agreement on the constants of a contract, the customer will affix his/her signature and seal on the General Conditions.
2. After having submitted the General Conditions with the signature and seal affixed under paragraph 1, the customer will pay at least 30% of the estimated amount of the fee as an advance within seven (7) days by the method designated by the Company. At the time of the payment, a reservation will become valid. However, this does not apply where it is close to the date of the cruise, and in this case, prompt and full payment may be requested of you. When making a payment by transfer, the money will be transferred to the following account. The customer will bear the transfer fee and other incidental charges.
Sumitomo Mitsui Banking Ebisu Branch Ordinary 8656571 Ka) Supaisusabu (SPICE SERVE)
3. The customer will pay the Company, by the stated method and within the stated time limit or on the date of payment, the fee (or the balance if the customer has paid an advance) in the amount of the stated estimate or any other amount revised by an agreement between the parties (or the balance if the customer has paid an advance). The customer will bear the transfer fee and other expenses required for the payment.
4. Except where the Company gives its special consent, the customer must determine the number of passengers (fees applicable to it, etc.) and other service details at least four (4) business days prior to the conduct of the Cruising Service.
◆Article 4 (Optional Cancellation by Customer)
1. A customer may cancel the Cruising Service at his/her option before the conduct of the Cruising Service; however, in this case, the customer will pay the following cancellation charge:
|Cancellation date||Cancellation charge|
|Date of reservation – 32 days prior to boarding||10% of the cruise fee|
|31 days – 22 days prior to boarding||20% of the cruise fee|
|21 days – 15 days prior to boarding||30% of the cruise fee|
|14 days – 8 days prior to boarding||50% of the cruise fee|
|7 days – 2 days prior to boarding||80% of the cruise fee|
|The preceding day – the date of boarding||100% of the cruise fee|
※The cruise fee is the total amount and includes fees for food and drink and optional fees.
※For a fireworks display or other special events, the regulations for the cancellation charges may be changed.
2. If the customer makes optional cancellation of the Agreement or cancels the Cruising Service at his/her discretion, the cancellation charge under paragraph 1 will arise even where there is any compelling reason including bad weather. Even if the customer has, after the reservation, decided on a postponed date in advance with our consent, the customer will pay the cancellation charge according to the cancellation regulations. If the date is postponed with the consent, the paid fee (an advance and the balance) will not be returned, but kept by us, and a separate cancellation charge will be charged additionally.
◆Article 5 (Change of Payment Limit and Optional Cancellation by Company)
1. Notwithstanding paragraph 3 of Article 3, the Company may request a customer to pay all or part of the fee (or the balance if the customer has paid an advance) before the time limit for payment or the date of payment for compelling circumstances including a problem with a contract with the ship management company, and in this case, if the customer refuses to pay it, the Company may change or cancel the Agreement at our option, and the customer may not raise any objection to it. In this event, as a matter of course, any fee (an advance) that the customer has already paid will be returned in full.
2. In any of the following cases, the Company, may cancel the Agreement at our option, and if this occurs within the period during which a cancellation charge arises under Article 4, then the prescribed cancellation charge will be charged: (i) If it turns out that a customer or a body to which he/she belongs is likely to violate laws and regulations or public order and morals; or (ii) if the representative of participants fails to submit a copy of his/her ID document, or a customer violates the Agreement otherwise.
◆Article 6 (Cancellation of Cruise with Reimbursement)
In any of the following cases, the Company may cancel or discontinue the conduct of the Cruising Service for the safe operation of a ship. When the cancellation or discontinuance of the service is decided, the Company will promptly notify the representative and make efforts to not cause any detriment as far as possible. In this event, the conduct of the service will be postponed, or all or part of the received fees will be returned.
(i) When it is extremely difficult to operate a ship according to a schedule due to weather or sea conditions, and the Company finds that it is likely to cause danger to (a) the conduct of the service as the ship operates and anchors or (b) the conduct by another ship, on a different pier, or in a different venue at sea or on shore, or when cancellation of the ship operation is decided by public agencies
(ii) When there are any inevitable reasons, including the occurrence of a natural disaster, fire, marine casualty, and trouble of the ship
(iii) When it is ordered or required by public agencies
(iv) When leaving or reaching shore involves danger due to congestion on the pier, a ship accident in the surrounding area, or any other state of emergency
(v) When there is no arrangement of a ship, overbooking, or other extreme difficulty in providing the service according to a schedule
◆Article 7 (Cancellation of Cruise without Reimbursement)
In any of the following cases, the Company may cancel or discontinue the conduct of the Cruising Service. Please note that in this case, the Company will not return any fee already received, and if the customer has not yet paid the full amount of the fee at the time of cancellation or discontinuance, the Company will claim the unpaid amount.
(i) When it is inevitable to significantly change the Agreement for the convenience of a customer
(ii) When a customer or other passenger fails to follow instructions of the captain or crew given to avoid danger
(iii) When a customer is an antisocial force (meaning a member of an organized crime group or rightist organization, antisocial organization, or any other equivalent persons), or cooperates or gets involved in the maintenance, operation, or management of an antisocial force, including by providing funds, or interacts or is otherwise involved with an antisocial force
(iv) When a customer or other passenger engages in any prohibited act under Article 9
◆Article 8 (Change of Ship, Time or Place of Arrival and Departure, or Passage, and Postponement)
1. If it becomes extremely difficult to operate the ship according to a schedule due to any reasons set forth in items of Article 6, then another ship may be used, or the time or place of arrival and departure, or passage may be changed. In this case, the place of arrival and departure may be also changed, or the time of arrival and departure may be put off. Please make a schedule with enough time to spare for a cruise, and secure enough time for the scheduled cruise time in preparation for any putting-off of arrival and departure by also thoroughly instructing all your participants about this. When the place of arrival and departure is changed, you will bear the transportation expenses to the place.
2. If it becomes extremely difficult to depart due to any reason set forth in the items of Article 6, the Company may consult with a customer to determine the postponed date as soon as the Company becomes aware of it. However, if postponement renders the purpose of using the Cruising Service unattainable (if the conduct under paragraph 1 is also unavailable), the Company will return the full amount of the fee paid by the customer within one week from the date of cancellation. When it is indispensable to conduct the service on the day itself, and conducting the service on shore is acceptable, the Company will, so far as feasible, propose and arrange the onshore venue on the customer’s behalf (we are not able to always secure an onshore venue).
3. If it is unsure whether departure is possible or not due to weather conditions including an approaching typhoon, the Company will make a decision on the conduct and inform a customer, as a rule, by 20:00 on the preceding day; however, depending on circumstances, the Company may make a decision early in the morning on the day itself.
◆Article 9 (Prohibited Acts)
With the Cruising Service, a customer is prohibited from engaging in any of the following acts. In the event that a customer commits or engages in any of the following acts, the Company will compulsorily discontinue the operation and take other appropriate actions under the Agreement and laws and regulations, and under the principle of good faith:
(i) Carrying in or using any object that is susceptible to ignition or combustion, dangerous goods, object issuing foul a smell, or goods the possession of which is illegal;
(ii) Diving into the sea at any place other than permitted places or throwing any object into the sea;
(iii) An act of violence or harsh language or any other acts that may be prejudicial to the peace on board;
(iv) An act that is likely to seriously damage or stain the facilities on board;
(v) An act of becoming naked under the influence of alcohol or other obscene acts; or
(vi) An act in violation of laws and regulations and other acts that the Company finds improper for a user of the service.
◆Article 10 (Points to Note)
1. To avoid being a nuisance to the surrounding facilities etc., a customer will enjoy the cruise with the sound volume of any equipment, whether provided by us or brought in by the customer, within the limitation specified by us. The sound volume on board and outboard is subject to limitation due to the engine noise of the ship. Please note that the Company will under no circumstances be responsible for the impact of the engine noise.
2. As the Company is unable to put off the time of departure for a customer who comes late to the place of departure due to traffic congestion or disruption to train services, please come to the place with time to spare. Even if the departure is delayed, the scheduled return time to port will not be changed. If the time is extended, an additional charge may arise. However, for some piers or ships, when you consult us in advance, the time of departure may be put off, or we may wait for the person who comes late by returning ashore to the pier or by staying at the pier.
3. Minors will not smoke or drink alcohol, and persons driving cars will not drink alcohol. The Company may request the presentation of an ID to verify a person’s age.
4. The Company will operate ships and provide basic facilities (toilets, illumination, etc.), free operating support services, paid contents, and other services, either itself or by appropriately outsourcing them; however, please note that the Company will undertake no responsibility whatsoever for any mishandling of services provided free of charge, poor conditions of equipment and accessories lent free of charge (microphones, AV and karaoke equipment, etc.), or bad connections with every kind of equipment that you carry in.
5. If a customer damages any equipment on board or a ship intentionally or by negligence, the Company may claim the actual cost and damages for lost earnings due to impossibility of operating the ship.
◆Article 11 (Management of Dispute between Customers)
1. The Company will in no way be responsible for any accident, theft, or other dispute between customers arising during the conduct of the Cruising Service, unless it is caused due to any reason attributable to us. However, this does not apply where the Company provides a cloakroom service with charge. Please pay sufficient attention to the safety and management of valuables, and observe good manners and rules.
2. The Company will in no way be responsible for any accident or other dispute between a customer and our contractor or an officer/employee of our contractor arising during the conduct of the Cruising Service, unless it is caused due to any reason attributable to us. The customer will settle this between him/herself and the contractor.
◆Article 12 (Cruising Service)
1. As a rule, the Company will not be involved in any wedding ceremony or any other incidental events, funeral service, corporate entertainment, or company gathering held by a customer, and will in no way be responsible for their project, progress, or results, unless there is any reason attributable to us.
2. A customer acknowledges that the Company will undertake no responsibility whatsoever for any charge-free service aimed at higher customer satisfaction (photo shooting or gifts, AV support services, etc.).
3. As wedding reception cruising involves special responsibilities, the separate cost of service will be charged separately. If a customer fails to pay the cost of service, the Company will undertake no responsibility whatsoever for any unexpected conditions arising during the event.
4. A BBQ will be conducted, as a rule, on a self-service basis; however, we may provide support services including preparations and clean-up when you are tired or busy or due totime constraints.
◆Article 13 (Elimination of Antisocial Forces)
1. The Company and a customer, respectively, mutually represent and warrant that the Company or the customer (or any other persons using the Cruising Service with the customer) does not and never shall fall, as of the date of execution of the Agreement or in the future, under any of the following persons or bodies (hereinafter “Antisocial Forces”): Organized crime groups, members or associate members of or companies affiliated with an organized crime group, corporate racketeers, thugs engaging in criminal activities under the pretext of conducting political activities or social campaigns, crime groups specialized in intellectual crimes, and persons engaging in antisocial acts who are involved or interact with Antisocial Forces.
2. Either the Company or a customer who finds, based on reasonable grounds, that the other party falls under any of the following items may rescind the Agreement without any demand:
(i) The person is or was an Antisocial Force;
(ii) The person engages, it/him/herself or using a third party, in any of the following acts against the other party:
(a) Unreasonable demands that are illegal or exceed reasonable limits;
(b) A manifestation of power or other violent acts (not limited to the exercise of tangible power);
(c) An act of coercively and tenaciously inviting others to enter into any transactions, including subscription to an information magazine;
(d) An act of making demands, by misrepresenting his/her attribution such as being a victims’ association, of the other party; or
(e) Other acts prohibited under the Act on the Prevention of Unjust Acts by Organized Crime Group Members.
(iii) If either the Company or a customer states that he/she/it is an Antisocial Force or is associated therewith to the other party, and incurs any damage as the other party rescinds the Agreement under the preceding paragraph, the rescinding party shall under no circumstances be responsible for any damages.
◆Article 14 (Governing Law and Jurisdiction)
The Agreement shall be governed by the laws of Japan, and any dispute arising in connection with the Agreement shall be brought in the Tokyo District Court as the agreed exclusive jurisdiction of the first instance.