kyobike - Kyoto e-BIKE Rental reservation service in Kyotango

Terms

Chapter 1 General Rules

Article 1 (Definitions)

The terms used in these Terms shall have the following meanings.

e-BIKE rental reservation system: A system for registering e-BIKEs for rental, managing storage, maintenance, etc., and providing services such as rental reservations and lending of e-BIKEs (hereinafter referred to as simply referred to as the “reservation system”).
e-BIKE Rental: e-BIKE for rental registered in the reservation system.
Locations: Facilities that provide e-BIKE rentals, return counters, and charging services
Members: Persons who contract to use the reservation system and provide e-BIKE rentals, bases, various services, etc.
Registered User: A person who signs a contract to use the reservation system and uses the Kyotango City e-BIKE rental reservation service Kyobike (hereinafter referred to as the "Business").
Temporary user: A person who uses this service without making a contract for using the reservation system.
User: Collective term for registered users and temporary users.
Contractor: A collective term for members and registered users who have contracted to use the reservation system.
Management office: The person who operates the reservation system, grasps the operation status of e-BIKE rental, and supervises services such as reservations and rentals.

Article 2 (Application of Terms)

The NPO Minori no Mori Theater (hereinafter referred to as the "Company"), acting as the administrative office, will, as the administrative office, make arrangements with members or registered users who wish to use the reservation system in accordance with the provisions of this agreement. , conclude a contract (hereinafter referred to as "usage contract") to use the reservation system, and provide services such as e-BIKE management, reservation, rental and smartphone application for members or registered users during the contract period shall provide In addition, our company shall be able to create a "Guide for Use" regarding the use of the services provided by the reservation system.
Matters not stipulated in these Terms shall be subject to laws and regulations or general customs.
In addition to members and registered users, these Terms shall also apply to temporary users who use e-BIKE rentals using the reservation system without entering into a usage contract.

Chapter 2 Usage Agreement

Article 3 (Conclusion of usage contract, etc.)

Persons who wish to use the reservation system shall agree to these Terms and apply to the Company for a usage contract in accordance with the method specified by the Company. In addition, if the applicant is a minor, the application shall be made after obtaining the consent of the guardian in advance.
If the Company accepts the application for the reservation system usage contract, the usage contract shall be concluded. In addition, the Company will publish the terms of use and usage guidelines on the website designated by the Company. If the Company changes these, it shall be announced on the website designated by the Company.
Our company may not conclude a usage contract if the applicant for the usage contract falls under any of the following items.

Article 4 (Terms of Use for Members)

In the usage contract, the member must be able to provide the Company with the information required to be registered in the reservation system, and must have the facilities, personnel, etc. that can provide the service to the user. shall enter into a usage contract with
Members shall pay the fees specified in Chapter 5 (reservation system operation fees (maintenance fees)).
The location of the base shall be announced on the website, etc. prescribed by the Corporation.

Article 5 (Terms of Use for Users)

When installing and using the reservation system on a personal computer, smartphone, or other electronic device owned by the user, the user shall apply for a usage contract in advance, agree to the terms of use, and use the reservation system. I will use it.
The user shall pay the usage fee when using this business.

Article 6 (Change of registered information, etc.)

If there is any change in the personal information, payment method, etc. provided to the Company at the time of applying for the contract, the Contractor shall immediately notify the Company and obtain the approval of the Company.
If the Company determines that the information provided in the preceding paragraph will hinder the provision of the reservation system, the Company may refuse the change or cancel the usage contract.

Article 7 (Termination of Use Agreement)

If the user falls under any of the following items, the company will temporarily suspend the use of the service or cancel the service contract without any notice or demand. We shall be able to
(1) When you violate these Terms or other agreements with us.
(2) Reservation system modification, unauthorized distribution
(3) When the member is late in paying the charges specified in Chapter 5 or other money based on this agreement even once.
(4) When falling under any of the items of Article 3, Paragraph 4.
(5) In addition to the preceding items, the Company determines that it is inappropriate to continue using the reservation system, such as when the Company cannot contact the member or there is an error in the information at the time of the contract conclusion. when

Article 8 (Cancellation of this project)

If our company determines that it is difficult to continue this business due to the unavailability of all or part of the reservation system or other reasons, our company may unilaterally cancel this business. will do.
In the case of the preceding paragraph, the use contract will be terminated by the Company notifying the member to that effect, and the member will not be required to pay the basic charges (contributions, etc.) after the date of termination of the use contract. shall be

Article 9 (Midterm Termination)

Members shall be able to cancel the usage contract with the consent of the Corporation. In this case, the member shall pay the basic charges (contributions, etc.) up to the date of cancellation of the service contract.

The registered user shall notify the Company of the cancellation and delete the system, application, etc. installed on the electronic device, etc. You shall be obligated to pay regardless of whether or not you use it unless you take procedures such as cancellation.

Article 10 (Validity period of usage contract)

The validity period of the usage contract shall be from the date of conclusion of the usage contract to the end date of this business (including successor services equivalent to this business). However, if the validity period of the usage contract is specified separately, it shall be the period that terminates earlier.

Article 11 (Implementation period of this project)

The Corporation shall announce the implementation period of this project on the website designated by the Corporation. The implementation period is subject to change without notice due to weather or other operational reasons.

Article 12 (Temporary Suspension, Suspension, Resume)

The Corporation may temporarily suspend or suspend the provision of all or part of the e-BIKE rental reservation system if any of the following items apply.
(1) Regular or urgent maintenance of reservation system facilities
(2) When all or part of the functions cannot be provided due to a failure of the reservation system facilities, etc.
(3) When our company determines that it is difficult to safely provide this business due to natural phenomena, local events, or other reasons
(4) When our company determines that it is necessary to temporarily suspend the reservation system equipment for operational or technical reasons.
If the Company temporarily suspends or suspends the provision of all or part of the reservation system based on the preceding paragraph, the Company may do so by a method that the Company deems appropriate, such as posting on the website designated by the Company. Members shall be notified. However, this shall not apply in urgent and unavoidable cases. The same shall apply to the resumption of the reservation system after the reasons for suspension or suspension have been resolved.
Even if part or all of the reservation system is temporarily suspended or suspended due to the reasons specified in Paragraph 1 of this Article, the Company shall not be liable for any damages suffered by the member due to this. We will not refund any fees incurred during the period of interruption or suspension.

Article 13 (Management of IDs, passwords, etc.)

The User shall, at its own responsibility, properly manage the ID and password provided by the Corporation when the User Contract is concluded, and the passcode for unlocking the e-BIKE provided by the Corporation when the e-BIKE is rented. , shall not be disclosed, leaked or used by a third party.
The Company shall not be responsible for the management of IDs, passwords, and unlocking passcodes unless it is due to reasons attributable to the Company. All use of the code and other actions shall be deemed to be use by the relevant user contracting party.
If the ID, password, or unlocking passcode is stolen or used illegally by a third party, or if there is a risk of such, the user must immediately notify the Company.

Chapter 3 Rental and Return Procedures

Article 15 (Reservation and cancellation of reservation, etc.)

When using e-BIKE, the user shall specify in advance the base and bicycle that they wish to borrow, and apply for a reservation for an individual rental contract (hereinafter referred to as "individual contract") by the method prescribed by our company. In consideration of other reservation conditions, etc., the Company shall accept this reservation as much as possible in terms of operation.
Even if the user's reservation has been completed in accordance with the preceding paragraph, the Corporation may If it becomes impossible to rent the BIKE, the reservation may be canceled unconditionally.
The user shall not make any claim to our company other than the refund of the unused usage fee in relation to the cancellation of the reservation in accordance with the preceding paragraph.

Article 16 (e-BIKE rental procedures, etc.)

The e-BIKE lending procedure is to lend the specified e-BIKE to the user at the location where the reserved e-BIKE is stored (hereinafter referred to as "rental procedure") shall be completed by By doing so, an individual contract shall be established.
It may not be possible to lend out an e-BIKE for reasons such as the operational convenience of the reservation system or the absence of an e-BIKE that can be used at the base.
Users shall not make any claims to the Corporation regarding the inability to use the e-BIKE due to the reasons set forth in the preceding paragraph, except for the prepaid usage fee.

Article 17 (e-BIKE return procedures, etc.)

The procedure for returning the e-BIKE shall be completed according to the method prescribed by the Corporation at the e-BIKE rental base or at a base where the e-BIKE can be stored (hereinafter referred to as "return procedure"). In addition, the individual contract shall be terminated by this.
When returning the e-BIKE, the User shall confirm that there are no personal belongings left behind on the e-BIKE before returning it, and the Corporation shall not be responsible for any loss of personal belongings. will do.
If the e-BIKE cannot be stored and cannot be returned according to paragraph 1, the user shall move to another location where the e-BIKE can be stored and return it.
In the preceding paragraph, in the event of an emergency such as the user being unable to move to another location, the user shall contact the administration office and follow its instructions.
If the user leaves the e-BIKE at a location other than the base without contacting the user as described in the preceding paragraph or following the instructions of the management office, it will be deemed that the return procedure has not been completed. increase.

Article 18 (Cancellation of individual contracts)

Our company may request the user to return the e-BIKE if any of the following items apply.
(1) During the rental period, when the rental of the e-BIKE cannot be continued due to unavailability of the e-BIKE, malfunction of the e-BIKE rental reservation system, or other reasons.
(2) When the user violates this agreement or other contract with our company during the rental time.

Chapter 4 Bicycle accident treatment, etc.

Article 19 (Accident Handling)

When an accident related to the e-BIKE occurs during the rental period of the e-BIKE, the user shall take legal measures regardless of the scale of the accident and handle it according to the following provisions. will do.
(1) Immediately report the circumstances of the accident to the police in charge and the administrative office.
(2) Submit without delay the documents or evidence required by the Company and the insurance company designated by the Company regarding the accident.
(3) When concluding a settlement or agreement with a third party regarding the accident, obtain prior approval from the Company. Any settlement or agreement made without prior consent may not be covered by Article 22 compensation.
In addition to the preceding paragraph, users shall handle and resolve accidents at their own responsibility and expense.

Article 20 (Measures against breakdowns, theft, etc.)

If the user discovers an abnormality or failure of the e-BIKE or port during the rental period, the user shall immediately stop using it, contact the management office, and follow the instructions of the management office.
In the event that the e-BIKE is stolen during the rental period, the user shall immediately report the situation of the theft to the police in charge and the management office, and follow the instructions of the management office. . In addition, if the theft is the responsibility of the user, the user shall pay the amount specified by the Corporation as a burden charge for the theft of the e-BIKE.

Article 21 (Response when battery runs out)

When borrowing a bicycle equipped with a battery, such as an electrically assisted bicycle, the battery of the e-BIKE runs out of charge or is likely to run out of charge during the e-BIKE rental period. , the user shall immediately contact the Management Office regarding the status of the battery being depleted, and take necessary measures such as returning the e-BIKE to the nearest base in accordance with the instructions of the Management Office.

Article 22 (Compensation)

Based on the individual contract that has been concluded, the Corporation shall insure the user with various types of damage insurance under the following conditions while the user is renting an e-BIKE. The liability for damages stipulated in Article 36 shall be compensated within the scope of insurance.
(1) Death/residual disability 10 million yen, daily hospitalization insurance amount 5,000 yen, outpatient daily insurance amount 2,500 yen.
However, the daily hospitalization insurance amount is limited to within 180 days from the accident occurrence date, and the outpatient hospitalization insurance amount is limited to 90 days for outpatient visits within 180 days from the accident occurrence date.
* Only accidents that occur while riding an e-BIKE are covered.
* Limited to injuries due to sudden and accidental external accidents that occur while boarding.
(2) Compensation liability Compensation for personal and property damage up to 200 million yen
Litigation costs up to 10 million yen, initial response costs up to 10 million yen, victim treatment costs up to 500,000 yen per person (consolation gift purchase cost 30,000 yen)
* Only accidents that occur while riding e-BIKE etc. are covered by the compensation period. * Compensation for legal liability in the event of damage to the life, body, or property of a third party due to the use of e-BIKE.
The user shall be responsible for any damage that exceeds the compensation limit set forth in the preceding paragraph.
For damages caused by accidents not reported to the police or the management office, or accidents caused by users violating these Terms, compensation for damages by damage insurance and the compensation system of this corporation may not be received. The user agrees without objection.
In addition to the preceding two paragraphs, there may be cases where the compensation stipulated in paragraph 1 of the same article may not be applied due to the insurance contract, such as when it falls under the disclaimer of the insurance contract for various non-life insurance (cases where insurance claims are not paid). All damages shall be borne by the user.
This article describes the outline of various types of non-life insurance, and the details are based on the insurance contract. Please contact the following for details regarding contract procedures and insurance claim procedures.
Contact: Kyotango City e-BIKE Rental Reservation Service Office 075-882-3309

Chapter 5 Fees

Article 23 (Fees)

Fees shall mean the usage fees, extension fees, and other fees paid to the Corporation by the User when using the e-BIKE. In addition, it shall mean the consignment fee for maintenance, etc. that the member bears.
The Company shall clearly state each amount or basis of calculation in the price list and publish it on the website designated by the Company. If the Company changes the price list, it shall be announced on the website designated by the Company at least one week prior to the date of change.

Article 24 (Registration Fee)

The registration fee shall mean the change fee to be paid when the member changes the plan content at the time of the rental contract based on Article 3, paragraphs 1 and 2.
The member agrees without objection that the fees received by the company pursuant to the preceding paragraph will not be refunded, except in the case of termination due to reasons attributable to the company.

Article 25 (Usage Fees)

The usage fee is determined by each plan, such as month or day, time, etc. shall mean the basic fee to be paid according to the period of receiving the service provided.

Article 26 (Extension fee)

The extension fee shall mean the extension fee to be paid when the user uses the e-BIKE beyond the initial usage time stipulated in each e-BIKE plan rented by the user.
The extension fee shall be charged for the period from the end of the initial usage time stipulated in the preceding paragraph until the user completes the return procedure in Article 17.

Article 27 (Other Charges)

Other fees include registration fees, basic fees, extension fees, and other fees announced by the Association and paid for paid services requested by members or designated corporate users.

Article 28 (Payment of fees)

The member shall pay the total amount of fees for the month in which the service was provided by the payment date specified by the Company in the following month, The payment shall be made to this corporation by the payment method changed according to the plan changed according to Article 6, paragraph 1.
In the event that the Company cannot receive payment from the member by the means set forth in the preceding paragraph, the Company shall be able to receive payment by other means of payment specified by the Company.

Chapter 6 Responsibilities

Article 29 (Regular inspection and maintenance)

Members shall carry out periodic inspection and maintenance of their e-bikes and bases in accordance with the standards set forth by this corporation. , contact our company and temporarily suspend or suspend the provision of all or part of the reservation system.

Article 30 (Inspection before use)

Every time the user borrows an e-BIKE, it must be in a state where it can be used safely and appropriately, such as braking effectiveness, steering wheel bending, tire pressure, bell ringing, attachment operation panel, remaining battery level, etc. shall be verified.
If the user discovers damage to the e-BIKE, loss of equipment, or poor maintenance, the user shall immediately report it to the member and stop using it.
If the e-BIKE is used without the notification in the preceding paragraph, it will be deemed that the e-BIKE was free from damage, loss of equipment, and poor maintenance at the time of borrowing.

Article 31 (Management responsibility)

The user shall use and store the e-BIKE with the care of a good manager.
The management responsibility set forth in the preceding paragraph shall begin when the e-BIKE rental procedure based on the individual contract is completed, and shall end when the bicycle return procedure is completed.

Article 32 (Prohibited Acts)

The user shall not do the following acts.
(1) Allowing a person other than the user to use the e-BIKE.
(2) Dangerous acts such as reckless driving and driving under the influence of alcohol.
(3) Use of e-BIKEs that do not comply with traffic regulations.
(4) Use in parks where entry is prohibited, dangerous places, or inappropriate places.
(5) Acts that obstruct the passage of pedestrians, etc.
(6) Modifying, removing, or changing the bicycle structure, equipment, accessories, etc.
(7) Parking bicycles in areas where bicycle parking is prohibited by laws and regulations, on private land where permission cannot be obtained, and in places that obstruct traffic.
(8) The act of forcibly continuing driving in the event of a breakdown while driving.
(9) Using the e-BIKE for various tests or competitions, towing or pushing.
(10) Possession of e-BIKE, etc. for a long period of time beyond the original purpose of use (e.g., keeping e-BIKE at home or office in anticipation of use the next day).
(11) Websites using computer software technology, regardless of name, such as web scraping, web crawler, webspider, etc. for the e-BIKE rental reservation system or the website designated by the Company Processes that automatically collect information from Any other act that may impose an excessive load on the system or interfere with stable service provision.
(12) Other acts that violate laws or public order and morals.

Article 33 (Treatment for Violation of Road Traffic Law and Illegal Bicycles)

If the user violates the Road Traffic Law regarding e-BIKE while using the e-BIKE, the user shall bear all responsibility including payment of fines related to the violation. .
When the user parks the e-BIKE in a place prohibited by item 7 of the preceding article (hereinafter referred to as "left"), the user shall bear and return various expenses such as removal and storage of the abandoned bicycle. We shall be responsible for compensating for the usage fee up to and including any damages incurred by our company.
In the case of the preceding paragraph, if our company is contacted by the local government or the police about leaving the bicycle unattended, we will contact the user and promptly move the e-BIKE to the place designated by our company. , shall be required to comply with legal measures as a violator, and the user shall comply with this.
When the Company has paid the expenses set forth in Paragraph 2 of the same article in advance, the user shall promptly pay the expenses to the Company.

Article 34 (Obligation to return e-BIKE)

When returning the e-BIKE, the user shall return it in the same condition as when it was borrowed, excluding wear and tear due to normal use. If the cause is attributable to the user, the user shall bear all costs required to restore the e-BIKE to its original state, such as repair and replacement costs.

Article 35 (Treatment when e-BIKE is not returned)

If the user does not return the e-BIKE even after the usage time stipulated in each plan has passed and does not respond to the company's request for return, or the user's whereabouts are unknown If the Company determines that the e-BIKE has been stolen due to such circumstances, the Company may cancel the usage contract and take legal measures such as criminal prosecution.
In the event that the preceding paragraph applies, the User shall compensate for all damages incurred by the Corporation in addition to the usage fee until the e-BIKE is returned, the cost required for the collection and search of the e-BIKE, etc. be responsible for
If the e-BIKE is not returned by the user even after the reservation system usage time has passed due to a natural disaster or other force majeure, the company will not be held responsible for the damage caused by this. I don't mind. In this case, the user shall immediately contact the administrative office and follow its instructions.

Article 36 (Liability)

In the event that the User does not follow these Terms and causes damage to a third party or our corporation, we shall be responsible for compensating for the damage. However, this excludes cases where it is not attributable to the user.

Chapter 7 Disclaimer

Article 37 (Disclaimer)

Regardless of the reason, even if the user incurs damage due to the use of the e-BIKE or the inability to use the e-BIKE, if there is intentional or gross negligence on the part of the company Except for the above, the Company shall not be able to claim compensation for damages exceeding the amount of money received from the member as consideration for the use of e-BIKE. In addition, the scope of damages to be compensated shall be limited to ordinary damages caused to the user, excluding cases where our company is intentionally or grossly negligent. We will not be held responsible for compensation regardless of

Chapter 8 Use of Customer Information

Article 38 (Use of Customer Information)

The Company shall collect personal information (meaning information that can be used to identify a member based on such information or by matching it with other information) acquired in the course of providing services under the "Customer Personal Information We will handle it in accordance with "Privacy Policy" and this agreement.
Our company may provide the acquired personal information, etc. to a third party within the following scope.
[Personal information provided by a third party]
Matters stipulated in the "Privacy Policy Regarding Customer Personal Information" separately established by the Corporation
[Scope of third party providers]
Insurance companies contracted by our company to implement the compensation set forth in Article 22, paragraph 1, and other parties specified in the "Privacy Policy Regarding Customer Personal Information" separately established by our company
[Purpose of use by a third party provider]
Matters stipulated in the "Privacy Policy Regarding Customer Personal Information" separately established by the Corporation
[Person responsible for managing personal data]
Parenting is parenting Minori no Mori Theater (Kyotango City e-BIKE rental reservation service office)
Shared use of members' personal information will also be handled in accordance with the "Privacy Policy Regarding Customers' Personal Information" separately established by the Corporation and these Terms of Use.

Chapter 9 Miscellaneous

Article 39 (Changes to Terms)

In the event that our company revises these Terms, we will notify you by posting it on our website. In addition, this agreement can be revised without prior notice to users.

Article 40 (Notice, etc.)

Notices and communications, etc. from the Corporation to the User Contractor shall be made to the telephone number or email address registered or notified to the Corporation, and the notification, communication, etc. shall take effect at the time of transmission. , The disadvantage due to non-delivery shall be borne by the user.

Article 41 (delay damages)

Members and users who fail to fulfill monetary obligations based on these Terms, membership agreements, or individual contracts shall pay the Corporation an annual rate of 14.6% (calculated on a daily basis with 365 days in a year). ) shall pay the delay damages.

Article 42 (Court of Jurisdiction)

The Kyoto District Court shall be the exclusive agreement jurisdictional court in the event of any dispute regarding the rights and obligations based on these Terms, membership agreements or individual agreements.

Article 43 (Consumption tax)

Members and users shall pay the consumption tax (including local consumption tax) imposed on monetary obligations under these Terms.

Appendix 1

Contact: Kyotango City e-BIKE Rental Reservation Service Office 075-882-3309