Established on 30th March 2018
Last updated on 18th January 2019
Refers to those that browse, post, search, or perform any kind of use on the service's website.
Refers to those that create an account on the service, and use the tours (Point 6) conducted by guides (Point 3).
Refers to those that create an account on the service, and organize tours for the guests.
Refers to the guest or guide that have created an account on the service.
Refers to the travel itinerary of the sights and journey that makes up the tour of the service.
Refers to the guide guiding through a plan selected by the guests.
7. “Reservation Request”
Refers to the situation whereby the guest selects a plan or guide and is requesting a booking of a tour to the guide.
8. “Reservation Confirmation”
Refers to the situation whereby a direct contract formed between the user guest and the guide regarding the conducting of the tour.
9. “Plan Page”
Refers to the page of the service website that displays the plans.
10. “Guide Page”
Refers to the page of the service website that displays the guides.
1. In order to use the service as a guide, will be necessary to go through the subscription process. Those that have the right to subscribe as a guide must fulfill all the criteria below, and those that do not fulfill all the criteria will not be permitted to subscribe for membership.
(1) Must be a real person
(2) Must be over 18 years of age
(3) Must have the language ability to guide the guests in the languages stipulated by otomo
(4) Must be able to guide the guest to the areas stipulated by otomo
(5) Must submit to otomo identification documents (passport, driver’s license, residence card, etc) stipulated by otomo
(6) Must have a visa status that permits work
1. If the company deems that members fulfill or may fulfill any of the criteria below, the company can promptly halt or cancel the memberships without notice. The member in question will not be able to object to otomo’s decision.
(1) Those that do not have membership registration rights stipulated in Article 7 Section 1 and Article 7 Section 2
(2) Those that reported false information to the company
(3) Those that violated the terms
(4) Those that violated the terms stipulated in Article 24
(5) Those that have had their rights for membership of the service canceled before
(6) An adult ward, a person under curatorship or a person under limited guardianship, that have not received permission from a legal representative, a guardian, curator, or an assistant
(7) Those that do not reply within 30 days of contact from the company or request for answers
(8) Other incidences where the company deems inappropriate for membership registration
4. If otomo decides that any of the reviews submitted falls under one or more of the following reasons, otomo will delete a part, or all of the content of the review without prior notification or consent from the guest who submitted the review.
(1) When the content contradicts the facts
(2) When the privacy or reputation of the user or a third party is violated or has a possibility for violation
(3) When inappropriate expressions (such as violent, discriminatory, or sexual expressions) are included
(4) When otomo deems it inappropriate
1. “Tour fees” shall be comprised out of the following items and will be the amount calculated when the guest completes a reservation request for the tour.
(1) “Compensation for the guide”
Guests must pay the guide the amount obtained by multiplying the selected guide's fee per hour and the required time for the plan. The time required for the plan will be as described in otomo’s plan page and will not be dependent on the actual time taken on the day of the tour.
(2) “Guide expenses”
Guests must pay the guide the expenses incurred through the tour such as transportation fee and the fees for the use of facilities. The guide expenses are as described in otomo’s plan page and would not depend on the actual cost of expenses on the day of the tour.
(3) “Guest expenses”
Guests must pay otomo expenses such as transportation fees as well as fees for the use of facilities. Guest’s expenses should be paid accordingly to the plan page, and other fees generated that are not stated on the plan page should be paid by the guests themselves.
(4) “Usage Fee”
Guests must pay a usage fee to otomo as a compensation for using the service.
1. The guide’s compensation and expenses from the tour will be paid by the guests as specified in Article 15-1 of this agreement.
(1) "Guide compensation"
Guide’s will be paid by the guests the amount obtained by multiplying the selected guide's fee per hour and the required time for the plan determined at the time of registration confirmation. The guide’s fee per hour can be freely set within the upper limit amount and the lower limit amount specified by otomo. The plan duration will be as described on the plan page, and would not depend on the actual time taken on the day of the tour.
(2) "Guide expenses"
The guide’s expenses such as travel expenses and facility fees incurred during the tour as a guide will be paid by the guest. However, expenses such as transportation expenses and facility fees generated before and after the tour are not included in the guide expenses. In addition, the guide’s expenses are as described in otomo’s plan page and would not depend on the actual cost of expenses on the day of the tour.
2. In principle, no changes can be made to the guide compensation and the guide expenses even if the content or the time taken on the actual tour date differs from the plan reserved by the guest. If the content or duration of the tour must be changed due to any circumstances, the guide compensation and the guide expenses should be discussed directly between the guest and the guide, and the payment should also be directly settled between the two parties. In addition, otomo will hold no responsibility regarding the payment of the agreed transaction and will pay only the guide the guide compensation and guide expenses specified when the reservation was complete, even if there were changes made in the guide compensation and guide expenses. otomo will not be obligated to respond to the payment of any additional fees or refunds concerning the guide compensations and guide expenses.
1. otomo may request members to cancel or suspend the tour if any of the following reasons apply, and members shall comply with the request.
(1) If natural disasters such as earthquakes and typhoons or other emergency occur, or there is a possibility of such an emergency.
(2) If the otomo determines that the tour cannot be conducted safely.
2. otomo may suspend the service temporarily after notifying the user in advance if any of the following reasons apply. However, in case of emergency or unavoidable circumstances, it is not necessary to give prior notice to users.
(1) When there is maintenance or any alteration of the design of the system or any related equipment
(2) In the event of natural disasters such as earthquakes and typhoons or other events occurred or there is a possibility of such situations.
(3) When otomo determines that a temporary suspension of the service is necessary.
The user shall not conduct the following acts in using the service.
(1) Acts that violate laws and regulations
(2) Acts that violate the terms and conditions
(3) Acts of repetitive cancellation after booking is confirmed
(4) Acts of posting or sending violent, obscene or any other images or information that will result in the discomfort of third parties
(5) Acts of using the service for indecent, threatening, fraudulent, stalking and defamatory purposes
(6) Acts of providing solicitation information such as advertisements, spam or chain mail
(7) Acts that violate intellectual property rights, portrait rights, privacy rights and other rights or interests of otomo or a third party
(8) Acts of the same person registering multiple members
(9) Acts of registering or transmitting false information
(10) Acts of using the service through a third party's account or through impersonating a third party
(11) Acts of stopping at or inducing guests to stores that provide undesired services or soliciting guests to purchase undesired items.
(12) Acts of personal transactions between members based on information published by the service without utilizing otomo as a medium.
(13) Acts of introducing or mediating services to other users that may conflict with, or will conflict with otomo’s service.
(14) Acts of unlawfully accessing otomo’s or the services computer system or network
(15) Acts of transmitting information including harmful computer programs such as computer viruses
(16) Acts of disclosing personal information concerning other users to a third party
(17) Acts of disclosing information posted in the service to a third party unrelated to the use of the service
(18) Acts of altering information to be used in relation to the service
(19) Acts that hinder or may hinder the operation of the service
(20) Acts that will lose or damage otomo’s or the service’s trust
(21) Acts that slander otomo or a third party
(22) Criminal acts or acts that are against public order and morals
(23) Acts attempting to set forth, promote or facilitate each of the preceding items
(24) Other acts that the otomo deems inappropriate
1. "Antisocial Forces" refers to persons described as following.
(1) Is part of an organized crime group, is a member of an organized crime group, is part of an organization involved in organized crime groups, terrorists, or any others that conform to the above
(2) Is a person that personally or use a third party to violently make requests, makes unjustly requests that go beyond legal responsibility, conducts threatening behavior or acts of violence, disseminates rumors and fabrication that damages the counterparty's trust or obstruct activities, or conducts any other acts that align with the above
2. Members must ensure that they are not the following persons in the past and present, and will not be in the future.
(1) Is part of Antisocial Forces
(2) Is a person that is deemed have a relationship that is unjustly using antisocial forces
(3) Those who cooperate or participate in the maintenance and operations of antisocial forces through funding or any similar activities
(4) Those who have relationships with antisocial forces that can be socially criticized
1. In case a tour guide, who assigned by otomo, conducts the service (hereafter otomo choice), Article 3 paragraph 7 and 8 are replaced as below.
(1) “Reservation Request”
Refers to the situation whereby the guest requests a booking of a tour to otomo.
(2) “Reservation Confirmation”
Refers to the situation whereby a direct contract formed between the user guest and otomo regarding the conducting of the tour based on otomo’s judgement."
2. Regarding otomo choice, all Articles below shall be preferentially applied, if the Articles are different from previous Articles. However, if those defined matters are not included in the Article below, previous Articles shall be applied.
(1) otomo choice is a tour service provided by guides who are outsourced from otomo to guests who are mainly visiting Japan from abroad.
(2) A direct contract formed between the user guest and otomo. Based on the contract, we will entrust the tour to the guides. The guides will have duty to provide service in good faith to the guest in accordance with the contract and will comply with various laws and regulations. In addition, the guides shall not disclose any information (including personal information) that learned from providing the same service to third parties.
(3) The user guest will browse the plan page and select the plan for booking the tour. The guest will also proceed in reservation request through the page by entering the tour date and time of the tour, and information separately specified by otomo. Once the guest has completed the temporally reservation process, the reservation will be confirmed by otomo’s judgement. When the reservation is confirmed, we will promptly notify the guest that the reservation is confirmed.
(4) After the contract is established, all communications regarding the tour preparations, notifications, etc. will be conducted between the guide, the guest and otomo.
(5) In the performance of this contract, in case the reservation date, time, and the plan such as the plan contents changes, after the reservation has been confirmed, we will separately agree upon consultation between otomo and the guest.
(6) The guest shall pay the tour fee, described on the plan page by otomo, to otomo.
(7) We will pay guide fee and expenses specified by otomo, withholding income tax at otomo.
(8) We will indemnify the damages when otomo deliberately or negligently caused damage to the guest in fulfilling the contract with the guest. However, this is applied to the situation only when there is a notice to otomo within 6 months from the day following the occurrence of damage.
(9) If we suffer from damages due to the action of the guide entrusted by otomo, the guide shall compensate the damage to otomo.