CycleTrip Terms of Service
Article 1（General Provisions）
This user agreement (hereafter “User Agreement”) determines a contract (hereafter “Rental Agreement”), in relation to bicycles (hereafter “Rental Bikes”) managed by ZuttoRide Sharing (hereafter “Company”) , concluded with the person borrowing the Rental Bike (hereafter “User”). Items not determined in the User Agreement shall be handled according to laws and statutes, and common practices.
Article 2（Reservations）
1. Applications for reservations
- (1) User, in regard to the borrowing of Rental Bikes, shall, agreeing to the price determined by Company, apply for a reservation, in advance, via the Web, confirming model, rental start date/time, return date/time, delivery location, rider, whether accessories are required, such as helmets etc., and other conditions (hereafter “Rental Conditions”).
- (2) Company, when there is an application for reservation from the User, shall, in principle, accept such reservations as possible within the scope of the Rental Bikes owned by Company. In such case, the User, excluding any exceptions recognized by Company, shall pay the rental fee determined by Company.
2. Changing reservations
The User shall obtain the approval of Company before changing any of the Rental Conditions.
3. Canceling reservations etc.
- (1) The User and Company, before the rental start date in Article 2 paragraph 1, shall conclude a Rental Agreement for the Rental Bike, by the User applying for rental of the Rental Bike via the Web, and Company sending a reservation confirmation email to the User.
- (2) The User or Company may cancel the reservation through notification of the other party by email or telephone.
- (3) In case the reservation is canceled for the convenience of the User, the User shall pay Company the cancelation fee determined by Company, and, at the point that the cancelation fee is paid, Company shall return the received reservation application fee to the User.
*Cancelation fee
- Same-day cancelation 100% of the Rental Fee
- Previous day cancelation 50% of the Rental Fee
（In case of cancelation due to bad weather, a cancelation fee shall not be charged. Bad weather, in this case, is defined as alerts or warning reports regarding rain, fog, wind, thunder, and fog in the delivery location 3 days before the start of the rental）.
- (4) In case the reservation is canceled for the convenience of Company, Company shall return the received Rental Fee to the User.
- (5) The User or Company, unless separately determined in this or later articles, may not make any claims to the other party in regard to the fact that the reservation was cancelled, or the Rental Agreement was not concluded.
4. Replacement Rental Bike
- (1) In case Company are unable to loan a Rental Bike corresponding to the conditions related to the reserved model or accessories etc. (hereafter ”Conditions”), they shall promptly notify this fact to the User.
- (2) Company, in case the following item applies, may, if loan of a Rental Bike other than relating to the reservation conditions is possible, offer to loan said Rental Bike (hereafter “Replacement Rental Bike”), which is different to the reservation conditions, to the User.
- (3) In case the User refuses the offer in Article 4 paragraph 2, the reservation shall be considered canceled, and the provisions of previous Article 3 paragraph 4 shall be applied to handling of the Rental Fee.
Article 3（Loan）
1. Conclusion of a Rental Agreement
- (1) The User shall confirm the rental fees described on the Web and the Rental Conditions confirmed in this User Agreement, and after the Company confirms the application content and sends a reservation confirmation email to the user, the Rental Agreement shall be concluded.
- (2) The rider shall observe their duties as a rider and the items determined under this User Agreement when concluding this Rental Agreement.
- (3) Company, on conclusion of the Agreement, shall record the name, address, and telephone number etc. of the User, and request the User to submit a copy of a photo ID document, such as a driver’s license or passport etc., of the rider.
- (4) Company, on the conclusion of the Rental Agreement, shall ask the User or rider to provide emergency contact information.
- (5) Company, when concluding the Rental Agreement, shall specify the method of payment, such as credit card/cash etc.
- (6) Company, in case the User or rider does not follow the stipulations of this item, may refuse to conclude the Rental Agreement, and cancel the reservation. In such a case, Article 2 paragraph 3 item 5 shall be applied to the handling of the rental fees etc.
2. Refusal of loan
- (1) Company in case the following apply to the User or rider may refuse to conclude the Rental Agreement, and may cancel the reservation.
- In case the appropriate height for using a Rental Bike is not achieved.
- In case it is recognized that they are under the influence of alcohol.
- In case it is recognized that they are exhibiting symptoms of addiction to narcotics, heroin, or thinners.
- In case there has been a breach of the Rental Agreement in the past for a loan by Company or Company group.
- In case there is a breach of this User Agreement.
- Other cases deemed inappropriate by Company.
- (2)In case the User or rider is a member of an anti-social influence, such as an organized crime organization, organized crime-related organization, “Sokaiya”(professional racketeers), an organized crime organization under the guise of a social movement, an organized crime organization under the guise of a political movement, or a crime syndicate, or their directors, executive officers, or other persons effectively managing their organization, or constituent members are anti-social influences, Company may cancel the Rental Agreement without any prompting.
- (3) If the User or rider, either by themselves or via a third party, performs any of the following acts in relation to the Rental Agreement, Company may cancel the Rental Agreement without any prompting.
- Threatening words or actions, or actions involving violence against the other party
- Actions that obstruct the business of the other party or cause a loss of trust through the use of deception or authority
- (4) In case Company cancels this Agreement based on a stipulation of one of the various clauses, even if this causes damage to the User or rider, Company shall not be required to provide any compensation. However, if the cancelation causes damage to Company, the User or rider shall provide compensation for such damage.
- (5) Regardless of the previous paragraph, in the case of any of the following items, Company may refuse to conclude the Rental Agreement and may cancel the reservation.
- In case there are no Rental Bikes to loan.
- (6) In case the conclusion of the Rental Agreement is refused by Company based on the previous paragraph, Article 2 paragraph 3 item 5 shall be applied to the handling of the reservation application fees etc.
3. Establishing a Rental Agreement etc.
- (1) The Rental Agreement shall be established when the User applies for rental on the Web, Company sends a reservation confirmation email to the User, and the Rental Bike (including accessories. Hereafter the same) is transferred.
- (2) The transfer in the previous paragraph shall be carried out at the rental start date/time and rental vehicle loan location in Article.
4. Rental Fees
- (1) Rental fees refer to the total amount described below, and Company shall specify the respective amounts and reference points on the Web.
- Basic charge
- Fees for riding items, including helmets etc.
- Other fees
- (2) In case Company revise the rental fees after completion of the reservation under Article 2 paragraph 3, User shall pay the lower of the fee applied at the completion of the reservation and the fee at the time of the loan.
5. Changing rental conditions
If the User, after conclusion of the rental agreement, intends to change the rental conditions under Article 3 paragraph 1, they shall first require the consent of Company.
6. Inspection and maintenance etc.
- (1) Company shall loan the Rental Bike after first inspecting the Rental Bike and performing all necessary maintenance.
- (2) The User or rider, when borrowing the Rental Bike, shall confirm that there is no maintenance issues with the Rental Bike, and that the Rental Bike satisfies the rental conditions.
Article 4（Usage）
1. Administrative responsibilities of the User
The User or rider, during the time between the transfer and return of the Rental Bike (hereafter “during use”), shall use and store the Rental Bike with the care of a good administrator.
2. Prohibited actions
The User or rider shall not perform any of the actions during use.
- ・Use the Rental Bike for other than the designated purpose of use, or allow persons other than the rider in Article 2 to ride it.
- ・Use the rental bike in violation of laws and statutes and standards of public decency, such as two-person riding（or riding with even more people）.
- ・Change the original form of the Rental Bike, through improvements or modifications etc.
- ・Use the Rental Bike in various trials or races etc. (running on other than ordinary roads, such as circuit tracks or unpaved roads) without receiving the permission of the Company.
- ・Take the Rental Bike outside of Japan.
- ・Use the Rental Bike for races, acrobatics, or trials, or use in a place used for races, acrobatics or trials.
- ・Other actions that breach the Rental Conditions in Article 2.
In case of a breach of any of the above prohibited actions, and an accident, fault, or damage occurs, meaning it is not possible to use the rental vehicle, in addition to the costs of repairing the vehicle, the following amounts shall be paid as business compensation for the period, regardless of the extent of the damage or time required for repair. In case the vehicle cannot be returned, the sale price for a new product of that type (maker preferred retail price etc.) shall be compensated.
- In case of return in ridable state 20,000 yen per vehicle（before tax）
- In case of return in un-ridable state 50,000 yen per vehicle（before tax）
3. Disposal of abandoned bicycles
- (1) In case the User or rider parks or abandons the vehicle in an abandonment prohibited zone, they shall have responsibility for the fees for removing or storing the Rental Bike, usage fees until its return, and in case other damage is caused to Company, the User shall compensate this damage.
- (2) In case the User or rider does not carry out return procedures for the Rental Bike, and Company bears the costs (hereafter “Search Costs”) required for searching for the Rental Bike, or Company bear the costs (hereafter “Vehicle Management Costs”) required for moving, storing, or picking up the vehicle, the User or rider shall pay the following costs to Company by a date specified by Company.
- Amount for removing and returning the abandoned bicycle
- Search Costs and Vehicle Management Costs
Article 5（Return）
1. Responsibility of the User to return
- (1) User shall return the Rental Bike to the specified location for return by the expiration of the rental period.
- (2) In case the User is unable to return the Rental Bike during the rental period due to acts of God or other force majeure, they shall promptly contact Company and follow their direction.
2. Checking the rental bike etc.
- (1) User, in the presence of Company or a party outsourced by Company, shall return the Rental Bike in the same state as it was transferred, excluding deterioration or wear and tear caused by ordinary use. However, when approved by Company, it may be returned without their attendance.
- (2) User, when returning the Rental Bike, shall return it after confirming that no valuable items of the User, rider, or passenger have been left in the vehicle. Company shall not bear any responsibility for storing valuable items after the return of the Rental Bike.
3. Period etc. for returning rental bicycles etc.
- (1) If the User extends the rental period based on Article 3 paragraph 4 item 2, they shall pay the rental fee corresponding to the rental period after the change.
- (2) In case the User, without receiving the approval of Company according to Article 3 paragraph 4 item 2, returns the vehicle after exceeding the rental period, in addition to the fees in the previous paragraph, they shall pay a penalty amount corresponding to twice the exceeded fee for the exceeded time.
4. Location for returning the rental bikes etc.
- (1) In case the User changes the designated return location based on Article 3 paragraph 4 item 2, they shall bear the costs required for forwarding to the return location (hereafter “Forwarding Costs”).
- (2) In case the User returns the Rental Bike to a location other than the designated return location without receiving the approval of Company according to Article 3 paragraph 4 item 2, they shall pay a penalty of twice the forwarding costs.
5. Measures in case the rental bikes are not returned
- (1) Company, in case any of the following items apply to the User, may take legal proceedings, such as criminal prosecution, as well as taking measures to confirm the location of the Rental Bike.
- Despite the fact that the loan period has expired, there is no response to Company’s request to return the vehicle.
- In case it is clear it is not returned, such as the location of the user being unclear.
- (2)In the case of the items in the previous paragraph, Company shall pay to Company the costs required for Company to search for the User and recover the Rental Bike.
6. Agreement on registration and use of rental information
- (1) Regardless of the provisions concerning handling of personal information in this User Agreement, the User and rider agree that the information on the User or rider, such as name, date of birth, drivers’ license number, and passport number, based on the objective fact of the loan (hereafter “Rental Information”) may be registered in the CyclrTrip loan data managed by Company.
Article 6（Measures related to faults, accidents, and theft etc.）
1. Rental bike accidents
If the User or rider, during use, discovers an error or fault with the Rental Bike, they shall immediately discontinue use, contact Company and follow their direction.
2. Accidents
- (1) The User or rider, in case an accident occurs related to the Rental Bike during use, shall immediately discontinue riding, and regardless of the scale of the accident, take all legal measures, as well as the measures determined below.
- Report the status etc. of the accident immediately to the police and Company, and follow the direction of Company.
- When conducting repair to the Rental Bike based on the instructions in the previous item, other than for cases recognized by Company, this shall be performed at Company or a shop specified by Company.
- In relation to the accident, they shall cooperate with the survey of the Company or insurance company contracted to Company, and submit documents etc. requested by Company or insurance company without delay.
- In case there is a settlement or some other agreement with the other party in regard to the accident, they should obtain the permission of Company in advance.
- (2) User or rider shall, in addition to the previous paragraph, process and resolve the accident at their own responsibility.
- (3) Company, in addition to advising the User or rider in regard to the processing of the accident, shall cooperate in its resolution. Company does not accept any responsibility for accidents, injury, or other trouble occurring during rental.
- (4) If an accident, fault or damage etc. occurs, and the rental vehicle cannot be used, the following amount shall be received, as business compensation during the period, regardless of the extent of the damage etc. or the time required for repair etc.
- In case of return in ridable state 8,000 yen per vehicle per day（before tax）
- In case of return in un-ridable state 10,000 yen per vehicle per day（before tax）
3.Theft
User and rider, if a theft occurs of the Rental Bike during use, or if other damage is received, shall take the measures determined below.
- ・In case the Bicycle etc. is lost or stolen, compensate at the new market price for the product (manufacturer desired retail price etc.)
- ・Promptly report this at the nearest police station.
- ・Promptly report the damage status etc. and follow the directions of Company.
4. Termination of the Rental Agreement due to unavailability
- (1)In case the Rental Bike becomes unusable due to fault, accident, theft, or some other reason during the rental period (hereafter “fault etc.”), the rental agreement shall be considered terminated.
- (2) User or rider, in case of the previous paragraph, shall bear the costs required for the collection and repair etc. of the Rental Bike, and the Company shall not return the received rental fee. However, this does not apply in case the fault occurs for reasons determined in paragraph 3 or paragraph 5.
- (3)In case of flaws existing before loans, such as faults, the User may accept provision of a “Replacement Rental Bike” from Company. The conditions from providing Replacement Rental Bike shall conform to Article 2 paragraph 4.
- (4) If User does not accept provision of a Replacement Rental Bike in the previous paragraph, Company shall return the full received rental fee . The same shall apply when Company is unable to provide a Replacement Rental Bike.
- (5) In case the fault occurs for a reason not attributable to the User, rider, or Company, Company shall deduct the rental fee corresponding to the period from the loan until the end of the contract from the received rental fee, and return the balance to User.
- (6) User or rider, excluding the measures determined in this article, may not bill Company for damages occurring as a result of not being able to use the Rental Bike in any circumstances.
Article 7（Compensation and reimbursement）
1. Reimbursement or business compensation by User
- (1) In case the User or rider, during use, causes damage to a third party or Company, they shall reimburse for such damages by themselves. However, this does not apply when the event is attributable to Company.
- (2)Among the damages caused to Company described in the previous item, damages caused by accidents, theft, faults attributable to the User or rider, or damages caused by being unable to use Rental Bike due to dirt or damage to the Rental Bike, shall be paid by the User or rider.
2. Cancelation of Rental Agreement
Company, in case the User or rider breaches this User Agreement during the loan period, may cancel the Rental Agreement without any notification or prompting, and promptly seek return of the Rental Bike. In such a case, Company shall return the received Rental Fee to the User.
3.Termination of consent
- (1) User, even during the Rental Period, may cancel the Rental Agreement after gaining the approval of Company. In such a case, Company shall deduct the rental fee corresponding to the period from loan until return from the received rental fee, and return the balance to the User. However, this shall not be returned in case of cancelation within 24 hours.
- (2) User, in case of cancelation in the previous paragraph, shall pay the following cancelation charges to Company.
Cancelation fees＝｛（basic fees corresponding to the planned rental period）－（basic fees corresponding to period from loan until return）｝×50％
4. Purpose of using personal information
- (1) User (including person applying for Rental Agreement) and rider agree that Company may use personal information of the User or rider for the following purposes. Company may also record conversations with the customer, in order to maintain the accuracy of the content discussed or notified by the Customer.
- ・To confirm or examine the identification of the User or rider.
- ・To the extent necessary within the Rental Agreement, the personal information of the Customer may be disclosed or provided to third parties to whom Company entrust work.
- ・To provide guidance to the User or rider about the products or services of other companies, such as bicycle or insurance companies, and various event campaigns etc. , through the sending of printed advertisements, or electronic mail.
- ・To carry out questionnaire surveys with Users or riders for the purpose of product development or improving customer satisfaction.
- ・When providing this service, acquire GPS positional information and riding route information (hereafter “Positional Information etc.) via the terminal loaded on the Rental Bike.
- ・To statistically summarize and analyze personal information and create statistical data processed in a form that the individual cannot be identified or specified.
- ・The purpose of use must be clarified in advance before acquiring personal information of the User for purposes other than those determined in the previous paragraph.
Article 8 Miscellaneous provisions
1. Offset
Company, when undertaking financial obligations in relation to User based on these terms and provisions, may offset any financial obligations that the User may have in relation to Company.
2. Consumption tax
User shall pay consumption tax on these transactions based on these terms and provisions to Customer.
3. Delinquency damages etc.
In case the User, rider, or Company fail to perform their financial obligations based these terms and provisions, they shall pay a delinquency charge equivalent to a rate of 14.6% per annum in relation to the other party.
4. Governing law etc.
- (1) The governing law is Japanese law.
- (2) In case of any discrepancies between the Japanese language contract and English language contract, the Japanese contract shall take priority.
5. User Agreement
- (1) Company may revise the User Agreement without notice or determined separate provisions for the User Agreement.
- (2) In case Company revise or set separate provisions for the User Agreement, this shall be described in the pamphlets issued by Company, the fee table, and the website. The same applies to when changing the agreement.
6. Court of jurisdiction
In case a dispute occurs in relation to rights and duties based on these terms and provisions, this shall be settled by a Court with first exclusive jurisdiction in the area where Company is located.
（This User Agreement is current as of July 1, 2018.）
（This User Agreement was revised on October 1, 2019.）
