Chapter 1 General Provisions
Article 1 (Definitions)
The terms in this agreement shall have the following meanings.
- ・Operator: Toyota Mobility Services Co., Ltd.
- ・Rental Bicycle: Bicycle for shared use provided by the Operator
- ・User: A generic term for an individual and a corporation that have concluded a bicycle Rental Contract based on Article 3 with the Operator
- ・Specified Corporate User: Individual designated as a user of a Rental Bicycle when a corporate user concludes a Rental Contract
- ・Port: A set of bicycle docks in charge of renting, returning and depositing Rental Bicycles
- ・Bicycle Key: A key provided individually to each Rental Bicycle used for unlocking and so on.
Article 2 (Application of Agreement)
- 1. The Operator shall provide a service of renting out Rental Bicycles to Users according to the contents stated in this Agreement of Chika Chari (hereinafter referred to as "the Business") operated by the Operator. In addition, matters not stated here in this Agreement shall be determined by law and general customary practices.
- 2. This Agreement shall apply to individuals and corporate Users. In addition, among the Users, the corporate users must make the Specified Corporate Users they designated abide by the contents of this Agreement, and have joint responsibility for corporate users' all the acts related to their using of the rental bicycles, such as the violation of this Agreement and so on.
Chapter 2 Rental Contract
Article 3 (Conclusion of Rental Contract)
The Operator shall conclude a contract with the individual or corporate user (hereinafter referred to as "Individual Who Desires to Use") who wishes to rent a bicycle in accordance with the contents stated in this Agreement, after filling out the necessary items in the application form or website established by the Operator. However, when any one of the following applies to an Individual Who Desires to Use, the Operator may refuse to conclude the Rental Contract.
- (1) The individual is less than 145cm tall to rent a normal bicycle, or less than 155cm tall to rent a sports bicycle.
- (2) The Operator believes that the individual is drunk or under the influence of alcohol, or it is difficult for the User to ride a rental bicycle safely.
- (3) The individual is believed presenting symptoms of poisoning due to drugs, stimulants, thinners, etc.
- (4) The individual is believed to be a member of a gang, have an affiliation with a gang, or belong to an antisocial force.
- (5) The individual is under 13 years of age and unable to wear a helmet.
- (6) The individual does not agree to this Agreement.
- (7) In addition to the above, any other individual the Operator believes to be unsuitable.
Article 4 (Conditions of Use)
- 1.The Individual Who Desires to Use shall select a contract type and the associated method of payment designated by the Operator to conclude the Rental Contract.
- 2.The User shall pay the charges stated in Chapter 5 in accordance with the selected contract type and method of payment as stated in the preceding Paragraph. Basic fee shall be paid in advance when concluding the contract, extension fee, drop off charge and other charges shall be paid at the time of returning the Rental Bicycle.
Article 5 (Period of Implementation of This Service)
The Operator shall make announce the duration, which it intends to conduct this service on the website. Note that, the Operator may change the implementation without prior notice due to weather or other operational reasons that may affect the operation.
Article 6 (Temporary Suspension and Recommencement)
When the Operator deems it is difficult to maintain the performance of the service due to force majeure events or any other circumstances might prevent the Operator from providing the services from time to time, the Operator may temporarily suspend the service in part or in whole upon notifying Users in advance according to a method the Operator considered appropriate including but not limited to the website prescribed by the Operator. The Operator shall do the same when it recommences the service after the reason for suspension ceases to exist.
Article 7 (Bicycle Key)
- 1.The User shall be able to use the Bicycle Key, and process the Rental Procedures for Rental Bicycles specified in Article 8.
- 2.The User shall use and preserve the Bicycle Key with the duty of care by the administrator and shall not be allowed to provide it to a third party.
- 3.The Operator considers that the key shall be only used by the User.
- 4.In the case of loss, theft, disappearance, or damage (hereinafter referred to as "loss, etc.") of the Bicycle Key, the User shall promptly notify the Port in charge of rental service to that effect.
- 5.In the case of the preceding Paragraph, regardless of whether the loss is caused by the reason attributable to the User, the User shall bear the actual expenses necessary for re-issuing the Bicycle Key, and shall pay the Operator according to the Operator's request by the method selected in Article 4.
Chapter 3 Rental Procedures and Return Procedures
Article 8. (Rental Procedures for Rental Bicycles)
- 1. According to the Rental Procedures for Rental Bicycles, the User who uses a Rental Bicycle shall unlock the Rental Bicycle with the key provided by the Port where the available Rental Bicycles are deposited, which means the prescribed Rental Procedures for Rental Bicycle (hereinafter referred to as the "Rental Procedures") provided to the User by the Operator is completed.
- 2. Due to reasons relating to the management or other reasons, for example, there are no available Rental Bicycles at the Port, the Operator may not able to provide the rental service.
- 3. The User may make any claim (including compensation for the cost of alternative transport) against the Operator regarding its refusal to rent out a bicycle in accordance with the preceding Paragraph.
Article 9. (Return Procedures for Rental Bicycles)
- 1. When the User himself or herself manually locks the bicycle with the key provided at the Port which is in charge of keeping the bicycle, and returns the Bicycle Key and other things he or her has rent, the Return Procedures for Rental Bicycles (hereafter referred to as the "Return Procedures") is completed. With the completion of the procedures, the Rental Contract will terminate.
- 2. Before returning the Rental Bicycle, the User shall confirm that he/she has not left behind any belongings on the Rental Bicycle. The Operator shall assume no responsibility for belongings, etc. left behind by a User.
- 3. When a User is unable to proceed with the Return Procedures stated in Paragraph 1 due to the lack of availability of a Port where the bicycle can be deposited, the User shall undertake the return of the bicycle by moving it to other Ports where depositing is possible.
- 4. When there is an emergency and the User is unable to transfer the bicycle to other Ports, the User shall contact the Port in charge of renting service and follow the instructions given by the Port.
- 5. If a User fails to contact the Port in charge of renting service as stated in the preceding Paragraph or if the User fails to follow instructions given by the Port and leaves the bicycle outside the Port, the bicycle Return Procedures will be considered incomplete.
Article 10. (Request to Returning a Bicycle)
When any one of the following applies, the Operator may demand that the User return the Rental Bicycle.
- (1) When the renting of the Rental Bicycle cannot be continued during the rental period due to the inoperability of the Rental Bicycle or other reason.
- (2) When the User breaches any other agreement concluded with the Operator during the rental period.
Chapter 4 Procedures for Bicycle Accidents, etc.
Article 11 (Procedures if Encountered With an Accident)
- 1.If the User encounters an accident while riding the Rental Bicycle during the rental period, the User shall take appropriate measures under the law and shall deal with the matter as follows, regardless of the scale of the accident.
- (1) Immediately inform the jurisdictional police and the Port in charge of rental service of the details of the accident.
- (2) Immediately submit documentation or evidence concerning the accident required by the Operator and the insurance company designated by the Operator.
- (3) Obtain the Operator's approval before entering into a settlement or agreement with a third party regarding the said accident.
- 2.In addition to procedures stated in the preceding Paragraph, the User shall make every effort to settle and resolve any accident on the User's own responsibility and at his or her expense.
Article 12 (Procedures for Break-down, Theft and Others)
- 1.When a User discovers a fault or a malfunction in the Rental Bicycle during the rental period, the User shall immediately stop using the bicycle and inform the Port in charge of rental service and follow the instructions given by the Port.
- 2.When a User discovers that the bicycle has been stolen during the rental period, the User shall immediately inform both the jurisdictional police and the Port in charge of rental service of the circumstances of the theft and shall follow instructions given by the Port. The User shall also pay an amount specified by the Operator as the amount of the personal liability for the theft of the Rental Bicycle.
Article 13 (Procedures if Battery Runs Out of Charge)
If the battery of a Rental Bicycle runs out of charge or is likely to run out of charge during the rental period of this Rental Bicycle, the User shall immediately inform the Port in charge of rental service of the circumstances of the battery, and follow the instructions given by the Port and take necessary measures such as returning the Rental Bicycle to the nearest Port.
Article 14 (Compensation)
- 1.Based on the established Rental Contract, the Operator shall provide various types of casualty insurance coverage according to conditions stated below for the period the User rents a Rental Bicycle, and shall provide compensation to the limit stated below for liability in damages for which the User is liable as stated in Article 28.
- (1)8 million yen for compensation in case of death and residual disability, 4,000 yen per day for inpatient cover, 2,000 yen per day for outpatient cover. However, hospitalization for an inpatient is covered for no more than 180 days from the date of the accident, and for an outpatient no more than 90 days altogether no later than 180 days from the date of the accident.
※The indemnity period applies only to accidents while the User is riding a Rental Bicycle. Compensation covers damages due to sudden or random external accidents not attributable to the User.
- (2) The maximum amount of the indemnity liability is 300 million yen (on person and property).
* The indemnity Article shall be subject only to accidents while the User is riding a Rental Bicycle. Compensation covers legal indemnity liability for physical injury or damage to property to a third party resulting from the use of a bicycle by a User.
- 2.The User shall be liable for damages that exceed compensation limits stated in the preceding Paragraph.
- 3.The User shall accept without objection the possibility that the User may not receive compensation through casualty insurance or the Operator's compensation system due to any loss arising from an accident not reported to the police or the Port in charge of rental service, or due to a mishap arising from the User's violation of this Agreement.
- 4.In addition to provisions stated in Paragraph 3 above, in some cases compensation as stated in Paragraph 1 above may not apply due to insurance terms and conditions, etc., when disclaimers (when insurance payment is not made) apply to terms and conditions of various types of casualty insurance. In this case, the User shall assume responsibility for all losses.
- 5.The information introduced on the various types of insurance presented in this Article is merely a general overview of the said types of insurance. The details are stated in the insurance terms, but User shall address all inquiries concerning details of contract procedures and procedures for making an insurance claim to the following call centers.
Chapter 5 Service Charges
Article 15 (Service Charges)
- 1.The types of service charges Users shall pay to the Operator for the use of the Rental Bicycles shall be the basic fee, extension fee, drop off charge and other applicable charges.
- 2.The Operator shall clearly state the respective amounts of the charges by making details public on the website specified by the Operator. In addition, the Operator may change the amounts without prior notice due to operational reasons.
Article 16 (Basic Fee)
The basic fee is the basic charge a User pays based on the contract type which the User choose in Article 4, Paragraph 1, and correspond to the period of time services are received as stated in the Agreement, such as days or hours, etc.
Article 17 (Extension Fee)
- 1.Extension fee mean the fee which shall be charged when a User uses the Rental Bicycle beyond the initial hours of use designated in the contract type.
- 2.Extension fee shall be calculated from the period beginning from the end of initial hours of use stated in the preceding Paragraph to the completion of the Return Procedures stated in Article 9.
Article 18 (Drop Off Charge)
Drop off charge mean the charge that User pays for returning the Rental Bicycle to other Ports instead of the Port where the User rent this bicycle.
Article 19 (Other Charges)
Other charges shall constitute the amount to be paid for charges published by the Operator for services provided thereby desired by the User in addition to the basic fee, extension fee and drop off charge.
Article 20 (Payment of Charges)
- 1.A User shall pay to the Operator the total amount of charges relating to the services provided by the Operator by the method the User selected in accordance with Article 4, Paragraph 1.
- 2.If the Operator is unable to receive payment from a User according to the method stated in the preceding Paragraph, the Operator may seek to receive payment by another method of settlement established by the Operator.
- 3.Regardless of the two Paragraphs stated above, in the case of a breakdown of the Rental Bicycle or the suspension of an Individual Contract (rental interrupted) which is not attributable to the User, the Operator may refund all or part of the basic fee, and probably will not charge all or part of the extension fee, drop off charge and other charges.
Chapter 6 Liability
Article 21 (Safety Inspection and Maintenance)
The Operator shall undertake safety inspection and maintenance of the Rental Bicycles and Ports according to the standards established by the Operator.
Article 22 (Safety Inspection Prior to Use)
- 1.To ensure that a Rental Bicycle is in order and can be safely ridden, each time a User rents a bicycle, he or she shall make sure
(1) safe operations of all brakes and the bell
(2) function of the handle bar
(3) proper tire pressure
(4) the battery is sufficiently charged.
- 2.When a User notice any mechanical or other problem or safety issue, the User shall promptly notify the Port in charge of rental service of all problems and issues and cease use of the Rental Bicycle.
- 3.If the User persists in the use of a Rental Bicycle without reporting an existing problem as stated in the preceding Paragraph, the Operator shall deem that there were no problems with the Rental Bicycle such as faults, missing fixtures or poor maintenance at the time the User received the Rental Bicycle.
Article 23 (Duty of Care)
- 1.The User is responsible for exercising due care in the use and storage of Rental Bicycles.
- 2.The User's responsibility to exercise due care shall begin when the delivery procedures are completed and shall end when the return procedures for the bicycle are complete in accordance with the Rental Contract.
Article 24 (Prohibited Acts)
The User may not engage in any of the following acts during the rental period.
- (1) The User may not share the Rental Bicycle to any other person.
- (2) The User may not engage in dangerous behavior such as reckless riding or riding under the influence of alcohol and so on.
- (3) The User may not engage in dangerous behavior such as reckless riding or riding under the influence of alcohol and so on.
- (4) The User may not violate any applicable traffic rules when riding a Rental Bicycle.
- (5) The User may not use the Rental Bicycle in public parks, etc. where riding is forbidden, in hazardous places or where riding is inappropriate.
- (6) The User may not engage in acts that may obstruct the passage of pedestrians.
- (7) The User may not modify, disassemble or change the structure or fittings of the Rental Bicycle.
- (8) The User may not park in an area where the parking of bicycles, etc. is prohibited under local regulations, park on private property without permission, or park in a place that may obstruct passage.
- (9) The User may not persist in riding the bicycle when it breaks down in the course of riding.
- (10) The User may not use the Rental Bicycle for various tests, competitions, or hauling or pushing objects.
- (11) The User less than 13 years old may not ride a Rental Bicycle without wearing a helmet.
- (12) The User shall not engage in any other act that violates the laws or regulations or public order.
Article 25 (Procedures for Unattended Bicycles)
- 1.When a User parked (hereafter referred to as "abandoned") a Rental Bicycle in a place where parking is prohibited as stated in Sub-paragraph 7 of the preceding Article, the User shall be responsible for compensating the Operator for all losses caused to the Operator, including various costs for the removal and storage, etc. of the abandoned bicycle, applicable usage fees until the return of the bicycle, and any other costs.
- 2.If the municipal government or police, etc. contact the Operator regarding an abandoned bicycle as in the case of the preceding Paragraph, the Operator shall contact the User and demand that the User promptly move the bicycle to the place specified by the Operator and as an offender the User shall comply with measures under the law.
- 3.When the Operator has paid costs stated in Paragraph 1 for which the User is liable, the User shall promptly pay those to the Operator.
Article 26. (Obligation to Return Rental Bicycles)
A User shall return a Rental Bicycle in the same state in which it was received when it was provided to the User for rental, excluding wear and tear through ordinary use. If the Rental Bicycle including fixtures is damaged, lost, or stolen in part or in whole due to a reason attributable to the User, the User shall be responsible for any and all expenses required to restore the Rental Bicycle to its original state including the repair or repurchase, etc. thereof.
Article 27. (Procedures for Unreturned Bicycles)
- 1. If a User fails to return a Rental Bicycle within the operating hours stipulated in the applicable type of the contract or fails to comply with the Operator's request to return a bicycle, or if the Operator deems the User has absconded with the Rental Bicycle when the said bicycle is not returned and the User's whereabouts are not known, the Operator may take legal procedures including lodging a criminal complaint against the User.
- 2. If circumstances stated in the preceding Paragraph apply to a User, the User shall be held responsible for applicable usage fees of the Rental Bicycle until its return, costs required to recover and search for the Rental Bicycle, and any other damages caused to the Operator.
- 3. If due to a natural disaster or any other unavoidable occurrence the Rental Bicycle is not returned by the User by the end of the Port's operating hours, the User shall not be held responsible for any losses arising as a result. In such case, the User shall immediately contact the Port in charge of rental service and follow the Port's instructions accordingly.
Article 28 (Indemnity Liability)
In addition to provisions stated in this Agreement, if a User causes damages to a third party or to the Operator when using the Rental Bicycle, the User shall be responsible for compensation for such damages.
However, this shall not apply when the said damages are not attributable to the User.
Chapter 7 Exemption From Liability
Article 29 (Exemption From Liability)
A User may not for any reason seek compensation from the Operator for suffering damages arising from either the use of or inability to use the Rental Bicycle. However, a User may claim compensation within the amount of usage fees the Operator received from the said Users for damages that are result of willful intent or gross negligent on the part of the Operator.
Chapter 8 Use of Personal Information
Article 30 (Use of Personal Information)
- 2.The Operator may disclose the personal information of the Users to the following third parties.
[personal information subject to third party disclosure]
[scope of third parties]
[purpose of disclosure to third parties]
[party responsible for management of personal information]
Article 31 (GPS Function)
- 1. In case the bicycle is equipped with a Global Positioning System (hereinafter referred to as "GPS function"), the User shall be deemed to give permission to the recording of such information as real-time position and routes in the system designated by us, and agree to the use of said information by us for the following purposes.
- (1) To confirm if the User returns the bicycle to the designated place when the Rental Contract is completed.
- (2) To confirm such information as real-time position in the case of the situation stated in the Article 26, Paragraph 1, or when it is deemed necessary for the management of a bicycle or the execution of the Rental Contract, etc.
- 2. The user shall be deemed to give permission to the disclosure of the information recorded by the GPS function mentioned above to the necessary extent when we are asked to disclosure the said information according to the laws and regulations, or when we receive the disclosure request or order sent by the court, administrative body and other public institution.
Chapter 9 Miscellaneous Provisions
Article 32 (Late Payment Penalty)
When the Operator revises this Agreement, the Operator shall give notification by posting such notice on the website specified by the Operator. Furthermore, the Operator may unilaterally amend, modify, or change this Agreement, in its sole discretion and without any notice or cause, the User shall be deemed to have agreed to be bound by all such amendments, modifications and changes.
Article 33 (Court of Jurisdiction)
When a User neglects to fulfill the executing monetary obligations under this Agreement, or a Rental Contract, the User shall pay the delayed payment to the Operator at an annual rate of 14.6% on a pro rata basis (calculated on a daily basis with a year being equal to 365 days).
Article 34 (Court of Jurisdiction)
Both the Operator and the User agrees that the Tokyo District Court shall be the exclusive court of jurisdiction in the first instance in any dispute and legal action relating to the rights and obligations under this Agreement or the Rental Contract.