Terms of Use for JR-KYUSHU Train Reservation (Established on March 26, 2019)

Kyushu Railway Company (hereinafter referred to as the “Company”) hereby sets the “Terms of Use for JR-KYUSHU Train Reservation” (hereinafter referred to as these “Terms of Use”) as follows, for the use of the JR-KYUSHU Train Reservation which is operated by the Company in languages other than Japanese, aiming at those people who have passports issued by other countries than Japan.

(JR-KYUSHU Train Reservation)
Article 1 The JR-KYUSHU Train Reservation (hereinafter referred to as the “Train Reservation ”) refers to the services which enable users to reserve, purchase, make a reservation change, request a reservation refund and take other actions for fare tickets, etc., set forth in Article 7 hereof (hereinafter referred to as the “JR tickets”) by making applications online.
2 The languages used in the Train Reservation shall be English, Korean, Chinese (traditional) and Chinese (simplified).

(Scope of Application)
Article 2 These Terms of Use shall be applied to our customers who will receive the service provided by the Company through the Train Reservation (hereinafter referred to as the “User”).
2 The User shall sincerely observe these Terms of Use in using the Train Reservation.

(Reference to Date)
Article 3 Any and all dates and times contained in these Terms of Use are indicated in Japan Standard Time unless otherwise specified.

(Requirements for Use, etc)
Article 4 The Train Reservation may be used only by those people who have passports issued by other countries than Japan.
2 The User may reserve and purchase JR tickets to be used by persons accompanying the User at the same time the User reserves and purchases JR Tickets to be used by the User. Provided that the provisions of the preceding Paragraph shall be applied to tour participants mutatis mutandis.

(Amendment to Terms of Use and Notice Thereof)
Article 5 The Company may make any amendment to these Terms of Use without prior notice to the Users. Such amendment shall be deemed to have been notified to the Users if and when it is posted on the Company’s website, and shall become effective at the time when it becomes possible for the Users to review a notice of such amendment by accessing the Company’s website. After any amendment, only the contents reflecting such amendment shall be effective.

(Applicable Terms)
Article 6 Validity, etc., of JR tickets purchased by the User by using the Train Reservation shall be governed by the Regulations on Passenger Operations (Conditions of Carriage) established by the Company and other general provisions expressed on the Internet, except for the matters provided for in these Terms of Use.

(JR Tickets Available for Reservation)
Article 7 JR tickets which can be reserved through the Train Reservation shall be as follows, within the range of the trains, types of seats, sectors and routes expressed on the Internet:
(1) Limited express tickets for reserved seats (excluding booths, “Panorama” seats and the white “Kuro” seats, and seats at the counter, sofa seats and bench seats);
(2) Express tickets for non-reserved seats;
(3) Specified limited express tickets;
(4) Express tickets;
(5) Reserved-seat tickets;
(6) Green Car tickets (excluding Green Car tickets for private compartments and DX Green Car tickets);
(7) One-way fare tickets or around fare tickets reserved at the same time as any of the foregoing fare tickets; and
(8) Certain special plan tickets (which are expressed on the Internet).
2 Notwithstanding the preceding Paragraph, reservation cannot be made in any of the following cases:
(1) In the case of a purchase of any discount JR ticket for which it is required to show any supporting documentation or to submit a discount certificate;
(2) In the case of a reservation of tickets for eight (8) or more people (including adults and children) upon a single application; or
(3) In any other case where any reservation is being tried to be made for any route that cannot be handled by the Train Reservation as expressed on the Internet.

(Method, etc., of Reservation Application and Payment)
Article 8 Any reservation by using the Train Reservation shall be made by the method as is specified by the Company on the Internet.
2 The payment of fares and fees for JR tickets reserved through Train Reservation shall be settled online with a credit card (which is limited to the one in the name of the relevant User) specified by each User through the process of the reservation application. Credit cards which can be registered and the payment terms shall be determined by the Company, and the User shall comply with the agreement, etc., provided by each Credit Card Company with respect to the use of any credit card.

(Period for Reservation Application)
Article 9 Application period for the reservation through the Train Reservation shall be as follows:
(1) Start of Accepting Applications:
　10:00 a.m. on the day one (1) month before the boarding date for the desired train (including the case of using non-reserved seats; hereinafter the same)
(2) End of Accepting Applications:
　The boarding day
2 If the period for reservation application as to any specific special plan ticket is different from the period set forth in the preceding Paragraph, the provisions for such specific special plan tickets shall prevail to the extent of the provisions of the preceding Paragraph.

(Available Time for Reservation Application)
Article 10 Reservation applications made through the Train Reservation shall be available from 5:30 a.m. to 11:00 p.m. during the period set forth in the preceding Article.
2 Notwithstanding the provisions of the preceding Paragraph, any reservation application to be made on the boarding day can be made at least 6 minutes before the departure time of the desired train set forth in the train timetable (hereinafter referred to as the “Departure Time”). Provided, however, that the cut-off time for reservation application shall be 11:00 p.m. on the preceding day of the boarding day as for the trains scheduled to depart before 5:36 a.m., and 11:00 p.m. on the boarding day as for the trains scheduled to depart on or after 11:06 p.m.
3 Notwithstanding the provisions of each of the preceding Paragraphs, the system may be shut down for maintenance purpose, etc., on an irregular base. In such a case, the Company will post relevant information on the Internet.

(Response to Reservation)
Article 11 The Company will respond to any reservation application made by the User (including the case where the reservation failed due to full occupancy or an error in the contents of reservation application, etc.) by displaying a responding screen and sending an e-mail message to the e-mail address registered by the User (hereinafter referred to as the “Registered E-mail Address”).
2　If a reservation application for JR tickets has been admitted, the User shall make relevant payment by the credit card specified at the time of the reservation application and the Company will, after confirming the settlement of payment, inform the User of the Reservation No., etc.
3 If no response is received from the Company within a prescribed time for response after making a reservation application, the User can send inquiries by sending an e-mail message to the contact indicated on the Train Reservation website. The Company will respond to such inquiries by sending an e-mail to the Registered E-mail Address, and the User shall comply with the Company’s instructions.

(Contract Formation, etc.)
Article 12 Any carriage contract between the User and the Company shall be formed when it becomes possible to confirm the completion of the settlement on the responding screen or when the Company dispatches a notice to the Registered E-mail Address informing the User of the completion of the settlement, with respect to the reservation application made by the User.
2　Any and all JR tickets with respect to which the carriage contract has been formed between the User and the Company shall be kept by the Company until the User receives, or receives a refund of, such tickets.
3 Any and all JR tickets kept by the Company pursuant to the preceding Paragraph shall be subject to the conditions of carriage, etc., established by the Company or any other company, unless otherwise provided for in these Terms of Use.
4 The User who is going to take a train reserved through the Train Reservation is required to make sure to receive the relevant JR tickets at any of such places as are listed in Paragraph 1 of Article 13 hereof, prior to the Departure Time of the reserved train. No User is permitted to take a train under the carriage contract set forth in Paragraph 1 hereof without receiving the relevant JR tickets.

(Receiving Method)
Article 13 The User shall receive JR tickets kept by the Company pursuant to Paragraph 2 of the preceding Article at any of the following places:
(1) any “Midori-no-madoguchi” Ticket Office or automated ticketing machine at any station of the Company as indicated on the Internet; or
(2) any “Midori-no-madoguchi” Ticket Office or automated ticketing machine at any station of JR-West.
2　For receiving the tickets as set forth in the preceding Paragraph, the User shall furnish the credit card specified by the User at the time of reservation application, the Reservation No. and the Identification No.
3 Tickets can be received at any time during the service hours of each of the above-mentioned places to receive tickets, which shall be from 4:30 a.m. or later to 11:30 p.m. or earlier. The service hours of each place to receive tickets are listed on the Internet.
4 If the User does not receive any of the JR tickets kept by the Company pursuant to Paragraph 2 of the preceding Article on or prior to the boarding day (the day of commencement of the valid period) specified at the time of the reservation of such a ticket, such a ticket cannot be received on and after the following day. In such a case, if the User notifies the Company by sending an e-mail message to the contact indicated on the website of the Train Reservation that any of the JR tickets which were not received by the User has not expired at such time as the Company receives such message, the amount after deduction of the reservation refund fee that is set forth in the Conditions of Carriage, etc., from the sales price of such a ticket shall be refunded to the User by the method specified by the Company.

(Reservation Change; Reservation Refund))
Article 14 Any reservation change and reservation refund of JR Tickets reserved/purchased by using the Train Reservation shall be handled as set forth in the Conditions of Carriage of the Company, these Terms of Use, provisions concerning the special plan tickets and other general provisions.
2　Any reservation change and reservation refund desired to be made before receiving the relevant tickets are accepted online. Any reservation change online can be made at least until 6 minutes before the Departure Time of the desired train to change reservation to, and the cut-off time for any reservation change and reservation refund online shall be 11:00 p.m. of the preceding day of the boarding day as for the trains scheduled to depart before 5:36 a.m. and 11:00 p.m. of the boarding day as for the trains scheduled to depart on or after 11:06 p.m. Further, no reservation change or reservation refund can be accepted after the Departure Time of the train specified at the time of the relevant reservation.
3 In the case of a reservation change or reservation refund desired to be made before receiving any ticket, with the credit card, payment of the changed JR tickets or the reservation refund fee shall be settled and then the reservation refund for the JR Tickets before such reservation change or reservation refund shall be settled.
4　With respect to a reservation change or reservation refund to be handled online before receiving any ticket, the number of changes permitted to be made and the amount of reservation refund fee, etc., may be different from those set forth in the provisions of the Conditions of Carriage. The method for reservation change and reservation refund, kinds of changeable JR tickets, trains, sectors and types of seats, etc., in such case shall be announced on the Internet.
5　Any request for reservation refund of any reserved ticket after receipt thereof shall be accepted at the ticket office handling credit cards at any station specified by the Company. To receive such refund, the credit card used by the User for the settlement at the time of the reservation application is required.

(Handling During System Failures)
Article 15 If any reserved JR ticket cannot be received by the User due to system failure, etc., caused to the Train Reservation, the Company may request the User to purchase another JR ticket after charging fares and fees. In such a case, reservation refund for the JR ticket having not been received shall be made without any fee and in such a manner as is separately specified by the Company.
2 If any new reservation cannot be accepted due to system failure, etc., caused to the Train Reservation , the Company shall request the User to purchase JR tickets by any other method than the Train Reservation, such as the purchase at a “Midori-no-madoguchi” Ticket Office.
3 In the cases set forth in the preceding Paragraphs, even if any difference occurs between the JR tickets handled by the Train Reservation and those which are purchased by any other method than the Train Reservation as to the handled matters, fares, fees and available trains, sectors, routes, seats, etc., the Company shall not be responsible for such difference and the User shall acknowledge such point in advance.

(Rejection of Use of Credit Cards)
Article 16 If a credit card registered and specified by the User is not acceptable for any of the reasons specified by a Credit Card Company, such card may not be used for the settlement for the Train Reservation.

(Use of User Information)
Article 17 The Company will use User information and any information concerning the User (i.e., purchase history and server communications log stored on servers, additional information necessary for the Train Reservation) learned in the course of the use by the User of the Train Reservation, for the purpose of providing the Train Reservation as well as providing the products and services provided by the Company and its group companies, and conducting studies and analysis.
2 The Company may share the information concerning the User which is set forth in the preceding Paragraph with JR-West for the purpose of providing the Train Reservation,and the User shall agree thereon.
3 The Company shall handle the information concerning the User which is set forth in Paragraph 1 in a strict manner, and shall not have any of such information leaked to outsiders nor improperly used. The handling of any personal information shall be made as set forth in the “Handling of Personal Information” and the “Personal Information Protection” posted on the Company’s website.

(Obligations of the User)
Article 18 The User shall comply with the following matters in using the Train Reservation:
(1) The User shall use the Train Reservation in compliance with laws and regulations, etc., and not in violation of public order or morals.
(2) In connection with the Train Reservation, the User shall not conduct any act which would cause a trouble or disadvantage to the Company or any third party, any act which would interfere with the Train Reservation and any act which would violate laws and regulations, these Terms of Use, etc., or any other act similar thereto.
(3) The User shall not conduct any act (including any brokerage activity set forth in the Travel Agency Law), directly or indirectly, of reselling for profit nor cash a part or all of JR tickets purchased through the Train Reservation.
(4) The User shall not purchase any JR tickets through the Train Reservation in more than the quantity or frequency that is deemed to be reasonable, e.g. when a part or all of which will not be used by him/herself.
(5) The User shall comply with the provisions of these Terms of Use, and shall not conduct any act determined by the Company to be inappropriate.

(Disclaimer)
Article 19 The Company shall assume no responsibility whatsoever for any matter falling under any of the followings, with respect to the Train Reservation:
(1) any disadvantage suffered by the User or any third party due to any misstatement (including an error in writing, incomplete description, etc.) in the user information registered by the user at the time of reservation;
(2) any disadvantage suffered by the User or any third party due to a violation by the User of these Terms of Use or any of the matters to be complied with as set forth in each Item of the preceding Article;
(3) any disadvantage suffered by the User or any third party due to any amendment to these Terms of Use;
(4) any disadvantage suffered by the User or any third party due to an interruption, change, termination, etc., of the Train Reservation (including systems) or a restriction of access by the User to the Train Reservation conducted by the Company;
(5) any disadvantage suffered by the User or any third party due to, among other things, a problem with the equipment, etc., used by the User, the type thereof, environmental setting as to the browser and versions, or with the communication situation, etc.;
(6) any disadvantage suffered by the User or any third party due to leakage of Identification No. or any other transaction information caused by a wiretapping, etc., in the communication path committed in spite of the reasonable security measures taken by the Company;
(7) any disadvantage suffered by the User or any third party due to overstepping of the capacity limit for receipt in the User’s personal computer, etc., caused by viruses contained in an e-mail message sent by the Company which could not be cleaned in spite of the reasonable security measures taken by the Company or by an e-mail message sent by the Company although the Company deemed the capacity of the e-mail message appropriate for sending out as the general opinion; or
(8) any disadvantage suffered by the User or any third party in any other cases in connection with the Train Reservation in spite of due care exercised by the Company.
2　If the User causes damage to the Company due to any violation of these Terms of Use, the Company may claim against the User for any and all damages incurred by the Company and the User shall respond to such claim.
3　In the case where the Company gives any response or notice, etc., by sending an e-mail message to the E-mail Address registered by the User, even if the delivery of such e-mail message is delayed or failed due to an inaccuracy of such e-mail address or server down, etc., the Company will deem that such an e-mail message has arrived at the time when it should have been usually delivered.

(Effective Terms)
Article 20 Any of the Terms of Use and the contents of advertisements stated in the latest printed materials concerning the Train Reservation or posted on the updated version of the website shall supersede any and all prior Terms of Use and contents of advertisements.

(Exceptional Treatment)
Article 21 The Company may handle any matter differently from the provisions of these Terms of Use, if the Company deems it particularly necessary.

(Suspension/Interruption of Services)
Article 22 In the operation of the Train Reservation, the Company may restrict the use of the Train Reservation at its own discretion, if the Company deems it necessary.
2 The Company may suspend or discontinue the operation of the Train Reservation in any of the following cases:
(1) in the case of a periodic or urgent system maintenance of the Train Reservation;
(2) if it becomes impossible to provide services as usual due to a war, riot, turmoil, labor dispute, earthquake, explosion, flood, seismic sea wave, fire, electric outage or any other emergency situation; or
(3) in any other cases where the Company determines that it would be necessary to temporarily suspend the operation of the Train Reservation.
3 If the Company suspends or discontinues the operation of the Train Reservation pursuant to the provisions of the preceding Paragraph, the Company shall notify the Users of such suspension or discontinuation in advance by posting such fact on the Company’s website. Provided, however, that the foregoing provision shall not apply to any urgent or inevitable case.

(Management of Reservation No./Identification No., etc.)
Article 23 In utilizing the Train Reservation, the User will use a Reservation No. and an Identification No. The Company will deem the person who input the boarding day, e-mail address, Reservation No. and Identification No. to be the User by confirming that such input information match the stored information.
2 The User shall be responsible for the management of the Reservation No. and the registered Identification No., etc., after making a reservation application.
3 The User shall strictly manage and keep the Reservation No. and the Identification No., etc., on his/her own responsibility and shall try to keep using such numbers, etc., properly, with the full recognition that if the Reservation No. or the Identification No., etc., is leaked or disclosed to any third party or otherwise inappropriately used, such third party might use the Reservation No. or the Identification No., etc., by posing as the User.
4 In the event that the User recognizes that any Reservation No. or Identification No., etc., is stolen or used by any third party, the User shall immediately notify the Company of this and shall follow instructions given by the Company, if any. Any damage caused by the use of any Reservation No. or Identification No., etc., by any third party posing as the User, whether before or after said notification to the Company, shall be borne by the User, and the Company will assume no responsibility for such damage.

(Self-Responsibilities of the User)
Article 24 The User shall be responsible for any and all actions conducted by the User in using the Train Reservation and any and all actions taken by using a Reservation No., Identification No., etc., as well as the consequence thereof, regardless of whether the User conducted such actions and regardless of negligence.
2 If the User causes any damage to any third party in using the Train Reservation, the User shall settle any dispute with such third party on his/her own responsibility and at his/her expense.
3 If the User causes any damage to the Company and its employees due to any violation of these Terms of Use, the Company may claim against such User for damage incurred by the Company.

(Prohibited Matters)
Article 25 The User shall not conduct any of the following acts in registering User information at the time of reservation or in using the Train Reservation:
(1) any act of having false information registered;
(2) any act infringing, or threatening to infringe, any of the copyrights, patent rights, utility model rights, design rights, trademark rights, portrait rights, publicity rights, privacy rights or any other rights of the Company;
(3) any act defaming the Company or damaging its reputation or credibility, or any other act threatening to have a similar effect;
(4) any other act than those which are set forth in Items (2) and (3) of this Article which causes harm or damage to the Company or interferes with smooth economic activities, execution of operation, etc., of the Company, or any other act threatening to have a similar effect;
(5) any act violating any law or regulation or public order and morals or any act abetting or aiding such act, or any other act threatening to have a similar effect;
(6) any act conducted for the purpose of profit by using the Train Reservation without the Company’s consent, or any other act aiming to obtain such profit;
(7) any act conducting any of the acts set forth in the foregoing Items by posing as any third party;
(8) any act determined by the Company to fall under any of the foregoing; or
(9) any other act determined by the Company to be inappropriate

(Governing Law; Court of Jurisdiction)
Article 26 If any dispute arises between any User and the Company, both parties shall solve such dispute by themselves in good faith.
2 These Terms of Use shall be interpreted in accordance with the laws of Japan, and the original hereof shall be in Japanese language. Provided that any dispute between the User and the Company shall be resolved by the Fukuoka District Court or the Fukuoka Summary Court as the agreed exclusive jurisdiction as the court of the first instance.

(Effectuation of Terms of Use)
Article 27 These Terms of Use shall become effective from 5:30 a.m. on March 26, 2019.