As of October 1,2022
(General Provisions)
Article 1
This EMot Romancecar Limited Express Ticket Terms of Service (hereinafter referred to as the “Terms of Service”) sets out the terms and conditions of use of the EMot Romancecar Limited Express Ticket Service (hereinafter referred to as the “Service”) provided by Odakyu Electric Railway Co., Ltd. (hereinafter referred to as the “Company”) and applies to users. Matters that are not stipulated under this Terms of Service are governed by the provisions set forth in the EMot Terms of Service (in the event of its contents, names, and so forth having changed, the provisions after the change shall apply; hereinafter referred to as the “EMot Terms of Service”) as well as the separately specified Passenger Operation Regulations (established by company notification No. 1387 of September 30, 1974), usage provisions, usage terms and conditions, and other notifications (hereinafter referred to together with this Terms of Service as the “Terms of Service, Etc.”). Users are deemed to have agreed to the Terms of Service, Etc. when they use this Service.
(Definition of Terms)
Article 2
Definitions of the terms used in this Terms of Service shall have the meanings set forth in the following items.
(1) “User(s)” refers to customers who use this Service upon agreeing with the matters set forth in this Terms of Service.
(2) “Company Contact Window(s)” refers to booking windows at all of the Company’s stations and the Odakyu Sightseeing Service Center, Hakone-Yumoto.
(3) “EMot” refers to the EMot app, a smartphone application, and the EMot Online Ticket website, which are operated and provided by the Company.
(4) “Information Terminal(s)” refers to tablet PCs, smartphones, and other terminals with functionality to install and run the EMot app, or functionality to display the EMot Online Ticket website via a browser application or similar.
(5) “Log(ging) In” refers to authentication through the user account in accordance with the method prescribed by the Company from EMot installed on an Information Terminal, or authentication through the user account in accordance with the method prescribed by the Company from the EMot Online Ticket website via a browser application or similar, using the method stipulated in the EMot Terms of Service.
(6) “Electronic Limited Express Tickets” refers to, among the limited express tickets (hereinafter referred to as “Limited Express Tickets”) for limited express trains operated by the Company (hereinafter referred to as “Limited Express Trains”), Limited Express Tickets in the form of electronic information recorded on Company servers from connecting to the system for the Service and purchasing the Limited Express Tickets.
(7) “Electronic Limited Express Ticket Information” refers to information for Electronic Limited Express Tickets purchased through this Service (boarding date, train name, time and traveling section, number of travelers, seat type, seat number, purchase price, and four-digit confirmation number) displayed on an Information Terminal.
(8) “Staff” refers to the staff of the Company and companies involved in operation of Limited Express Trains.
(9) “Electronic Limited Express Surcharge” refers to the surcharge which applies when purchasing an Electronic Limited Express Ticket through this Service.
(10) “Limited Express Surcharge” refers to the surcharge which applies when purchasing a Limited Express Ticket through a channel other than this Service (e.g., purchase at a ticket counter or from a ticket vending machine).
(The Service)
Article 3
1. Users are able to use EMot and avail themselves of the services set forth in the following items as the Service.
(1) Logging In as well as booking and purchase of Electronic Limited Express Tickets
(2) Paying for Electronic Limited Express Tickets on EMot
(3) Boarding of a designated Limited Express Train based on the purchased Electronic Limited Express Ticket
2. At the time the User completes the prescribed procedures for requesting a booking or purchase on EMot and the Company provides the User with the required information for using the Service by executing the processing to display the status of the Electronic Limited Express Ticket booking (in the case of a booking) or the Electronic Limited Express Ticket (in the case of a purchase) on EMot, or other information processing prescribed by the Company, the usage agreement for the Service containing the contents of the Terms of Service, Etc. therein is established between the User and the Company.
3. The Service does not guarantee that it will operate on all Information Terminals (regardless of whether in the past or the future), and part or all of the services described in the preceding paragraph may not be available depending on the type of Information Terminal used by the User. Users shall not object to this.
4. Limited Express Tickets for trains departing and arriving on the Central Japan Railway Company’s Gotemba Line (excluding Matsuda Station) are not applicable to the Service.
(Obtaining a User Account)
Article 4
When booking and/or purchasing Electronic Limited Express Tickets with this Service, Users must, upon agreeing to the EMot Terms of Service, obtain an EMot user account using the method stipulated in the EMot Terms of Service.
(Service Hours)
Article 5
The Service is available from 4:00 a.m. JST to 2:00 a.m. JST the next day.
(Bookings and Purchases of Electronic Limited Express Tickets)
Article 6
Users may book and/or purchase Electronic Limited Express Tickets by entering the required information on EMot and consenting to each of the terms and provisions in the Terms of Service, Etc. Handling of booking and/or purchase of Electronic Limited Express Tickets provided by this Service shall be subject to the conditions set forth in the following items.
(1) Booking is available from 10:00 a.m. one month before the intended boarding date of the Limited Express Train until 45 minutes before its departure time.
(2) Purchase is available from 10:00 a.m. one month before the intended boarding date of the Limited Express Train until its departure time.
(3) The retention period of booking details is subject to the conditions set forth in the following items. When a purchase is not completed before the conclusion of the retention period, the booking shall be cancelled automatically.
(a) Within eight days including the booking day for bookings made eight or more days before the intended boarding date
(b) Until 15 minutes before the departure time for bookings made from seven days before the intended boarding date until the booking deadline
(4) The maximum number of passengers for which a booking and/or purchase can be made at one time is eight.
(5) New bookings for the same day and on a train with the same departure station or arrival station as a booking already made with the Service (hereinafter referred to as the “Advance Booking”) shall not be possible, unless the Advance Booking is canceled. This does not apply to purchases, and multiple purchases may be made for the same day for a train with the same departure station or arrival station.
(6) Users may select seat numbers on EMot when booking or purchasing an Electronic Limited Express Ticket. Selecting seat numbers may be done using the map of train seats (hereinafter referred to as the “Seating Map”). Seat selection shall be subject to the conditions set forth in the following items.
(a) Users can only select seats that can be chosen on the Seating Map.
(b) Seat numbers are available for selection until 45 minutes before the departure time when booking an Electronic Limited Express Ticket, and until three minutes before the departure time when purchasing a Limited Express Ticket.
(c) The selected seat may not be able to be reserved when the request has been improperly processed by the system due to two or more Users having selected the same seat simultaneously or for another reason.
(7) When purchasing an Electronic Limited Express Ticket, in place of the selection in the preceding item, the User can select only the “Carriage,” or can select “Give priority to an aisle seat” or “Give priority to a window seat,” on EMot. When “Carriage selection,” “Give priority to an aisle seat,” or “Give priority to a window seat” is selected, the seat that is actually reserved may be different than the selection depending on seat availability. A seat will not be reserved, however, when “Do not reserve when a window seat is not available” is selected and no window seat is available.
(8) When the User has performed the purchase procedures, the Company shall promptly deliver information including for the Limited Express Train, the traveling section, and the seat number to the User through the User’s EMot user account, and at this time the purchase of the Electronic Limited Express Ticket is complete based on the delivered content, and a purchase agreement for the Electronic Limited Express Ticket is established.
(Validity and Presentation of Electronic Limited Express Tickets)
Article 7
1. Only the electronic information recorded on the EMot system servers shall be valid with regard to the validity of Electronic Limited Express Tickets.
2. Users use Electronic Limited Express Tickets by Logging In and displaying the Electronic Limited Express Ticket Information on an Information Terminal.
3. Users must, upon request by the Staff, Log In and present their Electronic Limited Express Ticket Information on an Information Terminal.
4. When a User is not able to Log In and present their Electronic Limited Express Ticket Information on an Information Terminal when asked to do so by the Staff pursuant to the preceding paragraph, the Electronic Limited Express Ticket User must pay the in-train limited express surcharge (450 yen when traveling on a section that connects to a Metro line, or 350 yen otherwise, in addition to the Limited Express Surcharge), and be newly issued a Limited Express Ticket. However, the Company shall reimburse the in-train limited express surcharge to the User, provided that the User brings the Limited Express Ticket issued in the train to a Company Contact Window during service hours (service hours vary by Company Contact Window location) on the same day as boarding the train, and provided that it is confirmed that an Electronic Limited Express Ticket was purchased with the Service for the same day of boarding, the same train name, the same time, and the same traveling section as the Limited Express Ticket issued in the train.
5. Payments and reimbursements of the in-train limited express surcharge for the actual section traveled referred to in the preceding paragraph shall be in cash.
(Invalidation of Electronic Limited Express Tickets)
Article 8
An Electronic Limited Express Ticket shall be rendered invalid when any of the following items apply.
(1) The Electronic Limited Express Ticket is modified and used
(2) The Electronic Limited Express Ticket is used in a fraudulent manner
(3) The User performs a prohibited act specified in the items of Article 16 and purchases or uses an Electronic Limited Express Ticket
(4) With regard to Electronic Limited Express Tickets held in their EMot user account, the User performs the procedures for withdrawing from EMot and deletes their user account
(5) The Terms of Service, Etc. is otherwise violated
(Applicability of Electronic Limited Express Surcharge)
Article 9
An Electronic Limited Express Surcharge is applied when purchasing an Electronic Limited Express Ticket through this Service.
(Changes to Electronic Limited Express Tickets)
Article 10
1. Users shall be able to make changes to an Electronic Limited Express Ticket only when the change is for the same number of people and for the same traveling section as the purchased Electronic Limited Express Ticket and there is no change to the purchase price. Changes may be made using the prescribed operation on EMot until the Limited Express Train departure time indicated on the purchased Electronic Limited Express Ticket, provided that seats are available in the Limited Express Train after the intended change. Article 6, Paragraph 1, Item 6 and Item 8 apply correspondingly to cases of changes to an Electronic Limited Express Ticket. Additionally, restrictions on the number of changes to an Electronic Limited Express Ticket shall be specified in the conditions set forth in the following items.
(1) In cases of changes to an Electronic Limited Express Ticket for the same day as the intended boarding date, the number of changes is not limited. The same day as the intended boarding date is from the first train to the last train of the day.
(2) In cases of changes to an Electronic Limited Express Ticket for a different day than the intended boarding date, the number of changes shall be limited to one time. A different day than the intended boarding date is a day other than the same day as the boarding date.
2. In cases of changes to the traveling section, etc. in the train after the departure of the Limited Express Train boarded using an Electronic Limited Express Ticket, upon informing the in-train Staff and receiving said approval, the traveling section or the seat may be changed, limited to one time. Provided, however, that the change is limited to the same Limited Express Train. Additionally, said change cannot be made using EMot.
3. In cases of changes to an Electronic Limited Express Ticket pursuant to the preceding paragraph, the previously paid Electronic Limited Express Surcharge shall be compared to the Electronic Limited Express Surcharge for the actual traveled section, and if the amount previously paid is insufficient, the surcharge for the new traveling section shall be collected in cash. If there is no difference, then no money will be collected; reimbursements will not be made for any excess amount paid.
(Reimbursement of Electronic Limited Express Surcharge)
Article 11
1. If purchased Electronic Limited Express Ticket(s) (for some or all of the seats in the case of multiple seats) are no longer required, reimbursement of the Electronic Limited Express Surcharge is possible by Logging In and performing the prescribed procedure before the departure time of the designated Limited Express Train. However, a service fee for the reimbursement shall be incurred, except in the circumstances specified in Paragraph 4.
2. The reimbursement service fee for Electronic Limited Express Tickets is 100 yen per seat.
3. Reimbursement of Electronic Limited Express Tickets shall be made by crediting the full amount at the time of purchase to the User, and charging an amount equivalent to the service fee and an amount equivalent to the Limited Express Surcharge for the seats not subject to reimbursement.
4. In the event that operation of a Limited Express Train designated on an Electronic Limited Express Ticket is cancelled, the Company shall make either a full or partial reimbursement of the Electronic Limited Express Surcharge (notwithstanding Paragraph 2, no reimbursement service fee shall be incurred). It may take up to three days for the reimbursement to be processed.
(Communication Fees for Use of the Service)
Article 12
Communication fees in relation to use of the Service shall be paid by the User.
(Suspension and Termination of the Service)
Article 13
The Company may suspend or terminate Service provision without prior notification to Users in the circumstances set forth in the following items:
(1) In the case of performing routine or urgent system maintenance for services provided through EMot or the Service, or in the case of suspending or terminating EMot service provision in accordance with the Terms of Service, Etc.
(2) Difficulties arising in maintaining services provided through EMot or Service provision due to circuit failure or system failure of the communications carrier or provider
(3) An emergency situation arising such as war, riot, earthquake, fire, blackout, or other event
(4) The Company deciding that it is necessary to do so for operational reasons
(Exemption of Company Liability)
Article 14
1. The Company does not provide any guarantees in using the Service or in the accuracy, completeness, up-to-dateness, usefulness, operation, quality, etc. of Service provision, and shall not be liable whatsoever for any damages incurred by the User or any third party due to use of the Service.
2. In the event that the Company suspends and/or terminates provision of the Service in accordance with the preceding article or Article 18 herein, or changes the Terms of Service, the Company shall not assume any obligation or responsibility to any User.
3. In the event that a dispute arises between Users or between a User and a third party during use of the Service, the dispute shall be resolved between the relevant parties, and no User shall make any claim or file any complaint with the Company.
4. The User agrees that, in the conditions set forth in the following items, the Company shall not be liable for any damages or losses incurred by any User or any third party as a result, except in cases where such damages or losses are caused by an intentional act or gross negligence of the Company.
(1) Losses incurred by the User arising from the Information Terminals being used by the User for Service use and by circuit failures or system failures of their communications carriers or providers
(2) Losses incurred by the User based on not being able to use the Service due to a reason specified in Article 3, Paragraph 3
(3) Losses incurred by the User arising from a third party’s use, exchange, modification, reimbursement, etc. of the Electronic Limited Express Ticket or Electronic Limited Express Ticket Information as a result of an intentional act or negligence on the part of the User
(4) Losses incurred by the User not caused by an intentional act or gross negligence of the Company
(Responsibility of Users)
Article 15
1. In the event that a User causes damage to the Company or a third party due to an act in violation of this Terms of Service, or due to a fraudulent or illegal act, the User shall compensate the Company or the third party for such damage.
2. In the event that a User causes damage to a third party through the use of the Service, the User shall resolve the matter at its own responsibility and expense, and shall hold harmless the Company from and against any damage, etc.
(Prohibitions)
Article 16
In using the Service, Users shall not perform such acts as set forth in the following items.
(1) Criminal acts or acts that lead to a crime
(2) Entering or transmitting false information, or falsifying or deleting information
(3) Obstructing the operation of the Service
(4) Using credit card by which a User has violated the agreement with their credit card company to use the Service
(5) Using the Service by masquerading as a third party
(6) Violating the law or public order, or performing acts that disadvantage other Users or other persons
(7) Acts that encourage any of the previous items
(8) Acts the Company considers as possibly corresponding to any of the previous items
(9) Any other acts the Company deems to be inappropriate
(Information Handling)
Article 17
1. In using the Service, Users shall furnish accurate information to the Company.
2. Handling of personal information of Users obtained by the Company in relation to the Service shall be specified by the EMot Terms of Service.
(Changes to the Terms of Service)
Article 18
1. The Company shall be able to change the Terms of Service.
2. When the Company changes the Terms of Service, Users will be deemed to have accepted the details of the Terms of Service after such changes when the details of the date on which the changes will take effect and the content of the changes are notified to Users in advance in ways which the Company deems appropriate, or when Users avail themselves of the Service after the changes to the Terms of Service came into effect and after details of the changes were posted on the Company’s website.
3. The Company shall not be held responsible for any loss incurred by Users arising out of any such changes pursuant to the preceding clause, except where the loss is attributable to the Company.
(Governing Law)
Article 19
This Terms of Service shall be governed by and construed in accordance with the laws of Japan.
(Court of Jurisdiction)
Article 20
The Tokyo District Court shall be the exclusive court of first instance for any and all disputes related to the use of the Service.
APPENDIX
These regulations are effective from October 1, 2022.