terms of service
Please read the following terms and conditions before using our rental bicycles.
Chapter 1 General Provisions
Article 1 (Definition)
The terms used in these Terms shall have the following meanings.
・ Business operator: Tsujimori Shokai Co., Ltd.
・Rental bicycles: Bicycles for shared use provided by business operators
・User: A general term for individuals and corporations that have concluded a rental contract for rental bicycles with a business operator pursuant to Article 3.
・Corporate Designated User: An individual designated as a user of a rental bicycle when a corporate user concludes a rental contract.
・Port: A general term for offices that rent, return, and store rental bicycles
・Bicycle key: A key provided for each rental bicycle that is necessary for unlocking the rental bicycle.
Article 2 (Application of Terms)
1. The Operator shall provide a service of renting out bicycles to users in accordance with the terms and conditions of 100Bikes (hereinafter referred to as the "Business") operated by the Operator. Matters not stipulated in these Terms shall be subject to laws and regulations or general customs.
2. These Terms shall apply to individual and corporate users. In addition, among the users, the corporate users shall ensure that the designated corporate users who are designated by themselves comply with the contents of this agreement, and all acts related to the use of the rental bicycle, such as violation of these terms by the designated corporate users shall be jointly and severally liable for
Chapter 2 Rental Agreement
Article 3 (Conclusion of Rental Agreement, etc.)
The Business Operator shall, in accordance with the provisions of this Agreement, enter into an application form prescribed by the Business Operator or on the website after filling out the required items with an individual or corporation (hereinafter referred to as the "User Applicant") who wishes to rent a rental bicycle. will conclude a rental contract. However, if the applicant falls under any of the following items, we may refuse to conclude a rental agreement.
(1) When the height is less than 145 cm for city bicycles and 150 cm for sports bicycles.
(2) If the User is found to be under the influence of alcohol, or if the Operator deems it difficult to drive the Rental Bicycle safely.
(3) When it is recognized that addiction symptoms due to narcotics, stimulants, thinners, etc. are exhibited.
(4) When it is recognized that it belongs to gang members, gang members, or other anti-social forces.
(5) When you are under the age of 13 and cannot promise to wear a helmet.
(6) When you do not agree to these Terms.
(7) In addition, when the operator deems it inappropriate.
1. In the rental contract, the applicant shall select one contract type and payment method specified by the operator and conclude the contract.
2. The user shall pay the fees specified in Chapter 5 according to the contract type and payment method selected based on the preceding paragraph. The basic fee shall be paid in advance at the time of contract, and the extension fee, drop-off fee and other fees shall be paid when the rental bicycle is returned.
Article 5 (Implementation period of this project)
The business operator shall announce the implementation period of this business on the website designated by the business operator.
The implementation period is subject to change without notice due to weather or other operational reasons.
Article 6 (Pause/Restart)
If the operator determines that it is difficult to safely provide this service due to natural phenomena, local events, or other reasons, the operator will notify the user in advance by a method that the operator deems appropriate, such as making an announcement on the website specified by the operator. We shall be able to suspend part or all of the service after giving notice to. In addition, after the reason for the suspension has been resolved, the same shall apply to the announcement of the resumption of this business.
Article 7 (Bicycle Key)
1. The user shall be able to use the bicycle key to carry out the rental procedures for the rental bicycle specified in Article 8.
2. The user shall use and store the bicycle key with the care of a prudent manager, and shall not allow a third party to use it.
3. The operator shall assume that all use of the user's user key is by the user concerned.
4. In the event that the bicycle key is lost, stolen, destroyed, or damaged (hereinafter referred to as "loss, etc."), the user shall promptly notify the business operator that rented the bicycle to that effect.
5.In the case of the preceding paragraph, regardless of whether or not the loss, etc. is due to reasons attributable to the user, the user shall bear the amount equivalent to the actual cost of reissuing the bicycle. It shall be paid to the Business in accordance with the Business's request by the selected method.
Chapter 3 Rental Procedures and Return Procedures
Article 8 (Rental Procedures for Rental Bicycles)
1. The procedure for renting a rental bicycle is to hand over the bicycle and key to the user who uses the rental bicycle at our shop, and lend the designated rental bicycle to the user (hereinafter referred to as “rental (hereinafter referred to as “delivery procedure”).
2. The Operator may not be able to lend out the Rental Bicycle for reasons such as operational convenience or lack of rental bicycles available at the store.
3. The user shall not make any claims (including claims for compensation, etc. for alternative means of transportation) regarding the inability to use the rental bicycle for the reasons specified in the preceding paragraph. increase.
Article 9 (Procedures for Returning Rental Bicycles, etc.)
1. The procedure for returning the rental bicycle is to return the bicycle and other rental items to the store or store the rental bicycle at a place where the user himself/herself locks the rental bicycle with the lock provided and the bicycle key. and other loaned items, and the operator confirms all loaned items after collection (hereinafter referred to as "return procedure"). In addition, the rental contract shall be terminated by this.
2. When returning the rental bicycle, the user shall confirm that there are no personal belongings left behind on the rental bicycle before returning it, and the operator shall not be responsible for any loss of personal belongings.
3. If the User is unable to return the Rental Bicycle in accordance with Paragraph 1 because there is no place (bicycle parking lot) where the Rental Bicycle can be stored, the User must move to another location (bicycle parking lot) where the Rental Bicycle can be stored. shall be returned.
4.In the preceding paragraph, in the event of an emergency such as the User being unable to move to another port, the User shall contact the Operator and follow their instructions.
5. If the user leaves the rental bicycle in a place other than the designated bicycle parking lot without contacting the user as described in the preceding paragraph or following the instructions of the company that rented the bicycle, the procedure for returning the bicycle has not yet been completed. It is assumed that there is none.
Article 10 (Return request)
The Operator may request the User to return the Rental Bicycle in any of the following cases.
(1) When it becomes impossible to continue renting the Rental Bicycle due to unavailability of the Rental Bicycle or other reasons during the rental period.
(2) When the User violates this agreement or any other contractual agreement with the business operator during the rental period.
Chapter 4 Measures for Bicycle Accidents, etc.
Article 11 (Accident processing)
1. If an accident involving the rental bicycle occurs during the rental period of the rental bicycle, regardless of the scale of the accident, the user shall take legal measures and deal with it according to the following provisions. increase.
(1) Immediately report the circumstances of the accident to the police in charge and the company that rented the bicycle.
(2) Submit without delay the documents or evidence required by the operator and the insurance company designated by the operator regarding the accident.
(3) Obtain prior consent from the operator when concluding a settlement or agreement with a third party regarding the accident.
2. In addition to the preceding paragraph, the user shall handle and resolve the accident at his/her own responsibility and expense.
Article 12 (Treatment of failure, theft, etc.)
1. If the user discovers an abnormality or failure of the rental bicycle during the rental period, the user shall immediately stop using the bicycle, contact the rental business operator, and follow the instructions of the operator.
2. In the event that the Rental Bicycle is stolen during the rental period, the User shall immediately report the circumstances of the theft to the police in charge and the operator who rented the Bicycle, and follow their instructions. In addition, the user shall pay the amount specified by the operator as a liability for the theft of the rental bicycle.
Article 13 (Response to Dead Battery)
If the battery of the rental bicycle runs out of charge or is likely to run out of charge during the rental period of the rental bicycle, the user shall immediately contact the company that rented the bicycle about the situation of the battery being out of charge. In addition, according to the instructions, necessary measures such as returning the rental bicycle shall be taken.
Chapter 5 Fees
Article 14 (Fee)
1. Fees refer to basic fees, extension fees, drop-off fees, and other fees paid by the user to the business operator when using the rental bicycle.
2. The operator shall specify each amount and announce it on the website designated by the operator. Each amount is subject to change without notice for operational reasons.
Article 15 (Basic charge)
The basic fee shall mean the basic fee to be paid according to the period of receiving the service determined by the contract type, such as the date and time selected in Article 4, Paragraph 1.
Article 16 (Extension fee)
1. Extension fee shall mean the extension fee to be paid by the user when the user uses the rental bicycle beyond the initial usage time stipulated in each contract type of the rental bicycle rented by the user.
2. The extension fee shall be charged for the period from the end of the initial usage time specified in the preceding paragraph until the user completes the return procedure in Article 9.
Article 17 (One-off fee)
A drop-off fee shall be paid when the user returns (parks) the rental bicycle to a location different from that of the business operator that rented the bicycle.
Article 18 (Other Fees)
Other charges shall mean the basic charge, extension charge, drop-off charge, and other charges announced by the operator and paid by the user for the paid service desired by the user.
Article 29 (Payment of fees)
1. The user shall pay the total amount of fees for the provision of services to the operator by the method selected in Article 4, paragraph 1.
2. If the Operator is unable to receive payment from the User by the means set forth in the preceding paragraph, the Operator shall be able to receive payment by other means of payment specified by the Operator.
3. Notwithstanding the provisions of the preceding two paragraphs, in the event that an individual contract (rental suspension) is suspended for reasons not attributable to the user, such as bicycle failure, the operator may cancel all or part of the basic charge. You may return it and not collect all or part of the extension fee, drop-off fee, and other fees.
Chapter 6 Liability
Article 20 (Periodical inspection and maintenance)
The Operator shall carry out periodic inspections and maintenance of the Rental Bicycle and the Operator in accordance with the standards established by the Operator.
Article 21 (Inspection before use)
1. Each time the user rents a rental bicycle, the user shall confirm that it is in a safe and appropriate state for use, such as the effectiveness of the brakes, the bending of the steering wheel, the air pressure of the tires, the ringing of the bell, and the remaining battery power. .
2. If the user discovers damage to the rental bicycle, loss of equipment, or poor maintenance, the user shall immediately contact the port from which the bicycle was rented and discontinue use.
3.If the Rental Bicycle is used without the notification of the preceding paragraph, it shall be deemed that there was no damage, missing equipment or poor maintenance of the Rental Bicycle at the time of rental.
Article 22 (Management Responsibility)
1. The User shall use and store the Rental Bicycle with the care of a good manager.
2. The management responsibility set forth in the preceding paragraph shall begin when the rental procedure for the rental bicycle based on the rental contract is completed, and shall end when the return procedure for the said bicycle is completed.
Article 23 (Prohibited acts)
The User shall not engage in any of the following acts during the rental period of the Rental Bicycle.
(1) Allowing anyone other than the User to use the Rental Bicycle.
(2) Dangerous acts such as reckless driving and driving under the influence of alcohol.
(3) Dangerous acts such as reckless driving and driving under the influence of alcohol.
(4) Use of rental bicycles ignoring traffic rules.
(5) Use in parks where entry is prohibited, dangerous places, or inappropriate places.
(6) Acts that obstruct the passage of pedestrians, etc.
(7) Modifying, removing, or changing the bicycle structure, equipment, accessories, etc.
(8) Bicycle parking in ordinance-prohibited bicycle parking areas, on private land where permission cannot be obtained, or in places that obstruct traffic.
(9) The act of forcibly continuing driving in the event of a breakdown while driving.
(10) Various tests, competitions, and towing of rental bicycles
Or use it as a boost.
(11) If you are under the age of 13, use without wearing a helmet.
(12) Other acts that violate laws or public order and morals.
Article 24 (Measures against abandoned bicycles)
1. When the user parks the rental bicycle in a place prohibited by item 7 of the preceding article (hereinafter referred to as "abandoned"), the user shall bear the various expenses such as removal and storage of the abandoned bicycle, and return it. The user shall be responsible for compensating for the usage fee and any other damages incurred by the operator.
2.In the case of the preceding paragraph, if the local government or the police, etc. contact the operator about the bicycle being left unattended, the operator will contact the user, promptly move the rental bicycle to the place specified by the operator, and violate the violation. As a person, we shall seek to comply with legal measures, and users shall comply with this.
3. When the operator has paid the expenses in paragraph 1 in advance, the user shall promptly pay the expenses to the operator.
Article 25 (Obligation to Return Rental Bicycles)
When returning a rental bicycle, the user shall return it in the same condition as when it was rented, excluding wear and tear due to normal use. If the reason is attributable to the user, the user shall bear all costs required for restoring the rental bicycle to its original state, such as repair and replacement costs.
Article 26 (Measures to be Taken When the Rental Bicycle Is Not Returned)
1. If the user does not return the rental bicycle even after the usage time stipulated in each contract type has passed, and the operator does not respond to the operator's return request, or if the user's whereabouts are unknown, etc. If the business operator determines that the rental bicycle has been stolen due to the above circumstances, it may take legal measures such as criminal prosecution.
2. In the event that the preceding paragraph applies, the User shall be responsible for compensating for any and all damages incurred by the Operator in addition to the usage fee until the Rental Bicycle is returned, the costs required for collecting and searching for the Rental Bicycle, etc. bear the
3. If the user does not return the rental bicycle after the business hours have passed due to a natural disaster or other force majeure, the operator will not be held responsible for any damages caused by this. shall be In this case, the user shall immediately contact the rental business operator and follow their instructions.
Article 27 (Compensation Liability)
In addition to the provisions of these Terms, the User shall be responsible for compensating for any damages caused to a third party or business operator by using the Rental Bicycle. However, this excludes cases where it is not attributable to the user.
Chapter 7 Disclaimer
Article 28 (Disclaimer)
Regardless of the reason, even if the user suffers damage due to the use of the rental bicycle or the inability to use the rental bicycle, the user shall not be liable for damages, except in cases of intentional or gross negligence on the part of the operator. The User shall not be entitled to claim compensation for damages exceeding the amount received from the User as consideration for the use of the Rental Bicycle.
Chapter 8 Use of Customer Information
Article 29 (Use of customer information)
2. The business operator may provide the personal information of the user to the following third parties.
[Personal information provided by a third party]
[Purpose of use by third party provider]
[Person responsible for managing personal data]
Tsujimori Shokai Co., Ltd.
Article 30 (GPS Function)
1. The user may be equipped with a global positioning system (hereinafter referred to as "GPS function") on the bicycle, and the user shall record the current position, traffic route, etc. of the bicycle in the system prescribed by our company, and agrees to use such recorded information for the following purposes:
(1) To confirm that the bicycle has been returned to the designated location at the end of the rental agreement.
(2) In the cases specified in Article 25, Paragraph 1, in order to confirm the current location of the bicycle when it is deemed necessary for the management of the bicycle or the performance of the rental contract.
2. Regarding the information recorded by the GPS function in the preceding paragraph, when the Company is required to disclose information based on laws and regulations, or when we receive a disclosure request or disclosure order from a court, administrative agency or other public institution , you agree that we may disclose this to the extent necessary.
Chapter 9 Miscellaneous
Article 31 (Changes to Terms)
In the event that the Company has revised these Terms, the notification shall be made by posting it on the website designated by the Company. In addition, this agreement can be revised without prior notice to users.
Article 32 (Delay damages)
If the user fails to fulfill the monetary obligations based on this agreement or the rental contract, the user shall pay the operator an annual rate of 14.6% (calculated on a daily basis with 365 days in a year)
We will pay the delay damages due to
Article 33 (Court with Jurisdiction)
The Tokyo District Court shall be the exclusive agreed jurisdictional court in the event of any dispute regarding the rights and obligations under these Terms or the Rental Agreement.
Chapter 10 Road Service
Article 34 (Bicycle road service)
1. The Company provides the Service to the User as follows.
(1) Bicycle puncture repair
(2) Dealing with lost or damaged bicycle keys
(3)Transportation of bicycles (From the site requested by the user to the company that rented the bicycle.)
2. In providing this service, we will ask about the content of the trouble from the user and respond. However, in the following cases, we may refuse to provide this service.
(1) Requests other than bicycles rented by the business operator (if it is necessary, please let us know in advance and we can handle it)
(2) Request for repair due to user's intention or gross negligence
(3) When the company determines that the business operator's work status, parts procurement status, weather, traffic conditions, work and visits are difficult.
(4) Natural disasters such as storms, blizzards, earthquakes, wars, the use of force by foreign countries, revolutions, seizures of power, civil wars, armed rebellions, and other similar incidents or riots
(5) Requests for repairs of rental bicycles caused by traffic accidents (excluding transportation)
(6) If the Rental Bicycle is damaged to the extent that it is impossible to provide the Service under socially accepted standards;
(7) When the business partner determines that the rental bicycle is in a difficult situation to repair due to remodeling, special construction, etc.
(8) Service provision requests other than those specified in paragraph 1
(9) When the business operator determines that it is difficult to travel in an area (including remote islands, mountainous areas, etc.) that is extremely far from the business operator's port location.
(10) Impassable roads, seasonally closed roads, construction roads, roads that general vehicles cannot pass, frozen roads, unremoved snow roads, unleveled areas, coastal roads, mountain roads, riverbeds, and other areas where it is extremely difficult for dispatched vehicles to pass. Areas where passage is prohibited by the competent minister, etc. from the standpoint of nature conservation, environmental conservation, etc.
(11) Conveyance other than being unable to travel
Article 35 (Disclaimer)
Unless there is intentional or gross negligence, the business operators and affiliated business operators shall not be liable for any damages, etc., for the following matters.
(1) Damages such as bicycle damage and bodily injury caused when using this service
(2) Delay in the provision of this service due to weather or road conditions, or damage due to inability to arrive at the site