CycleTrip Terms of Service
Article 1（General Provisions）
This terms and conditions (hereinafter referred to as “this term” or “this provision”) determine the contents of this Rental Contract (hereinafter referred to as “this contract”) related to bicycles for rent (hereinafter referred to as “the rental bike”) managed by ZuttoRide Sharing (hereinafter referred to as “the Company”), concluded with a person borrowing the bike (hereafter “the User”) of the Company. Other items which are not determined in these terms shall be handled according to the laws and common practices.
Article 2（Reservations）
1. Applications for reservations
- (1) The User shall agree to pay the regulated price which is determined by the company, and able to apply for reservation via Website`s Webform of the company after confirming the contents of application which means bike`s model which the User has chosen, start date/time and return date/time of rental service, delivery location, rider of the bike, whether optional accessories are required or not, such as helmets and other items, and other terms (hereafter “Rental terms”).
- (2) The Company shall respond to the reservation request from the User within the range of the bike stock owned by the Company.The User shall pay the rental fee regulated by the Company unless there are some special permission by the Company.
- (3) Please present your identity verification document with a photo of your face when renting. For long-term rentals (hereinafter referred to as rentals to which a one-month fee is applied), if the current address is different from the address listed, or if the address outside the delivery area is listed, you will be stationed outside your home. If you use it in a circle, we will keep a deposit equivalent to 50% of the list price of the vehicle.
- (4) For long-term rental and use for business such as delivery business, we will keep the following deposit. E-Bike costs 50,000 yen, and non-E-Bike costs 30,000 yen.
2. Reservation change
The User must obtain the Company`s consent when he/she intends to change the rental conditions.
3. Reservation cancellation
- (1) The User and the Company will conclude this contract by applying for bike rental via Web before rental start date and time which was defined in Article 2, Paragraph 1, and the Company will send booking confirmation email to the User then the Rental Contract shall be concluded.
- (2) The User or the Company may cancel the reservation by sending notification to the other party by email or by phone.
- (3) In case the reservation is canceled for the convenience of the User, the User shall pay cancelation fee to the Company which is determined by the Company, and after the cancelation fee is paid, the Company shall return the received application fee for reservation to the User.
*Cancelation fee
- On-the-day cancelation - 100% of the Rental Fee
- Previous day cancelation - 50% of the Rental Fee
(In case of cancellation will be made due to bad weather, cancellation fee will not be charged. Definition of bad weather includes when there is a weather warning/alert or warning about rain, snow, wind, lightning, fog around the delivery area 3 hours before the rental starts on the day of rental)
- (4) In case the reservation is cancelled for the convenience of the Company, Company shall return the received rental fee to the User.
- (5) The User or the Company, unless terms and conditions are settled 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 Contract was not concluded.
4. Replacement of rental bike
- (1) In case the Company couldn`t afford to lend rental bike to the User according to the bike model or accessories (hereinafter referred to as “the requested condition”) reservation request from them, the Company shall promptly notify this situation to the User.
- (2) In case the Company could afford to lend the other bike differ from the requested condition of the User, the Company is able to offer the other rental bike (hereinafter referred to as “replacement rental bike”) to the User.
- (3) In case the User refused the offer from the Company such as described in Article 4 Paragraph 2, this reservation shall be determined as cancelled request of reservation and the previous terms described in Article 3 Paragraph 4 shall be applied to this case.
Article 3（Lending）
1. Conclusion of Rental Contract
- (1) The User shall confirm the rental fee described in the Website of the Company and terms and conditions which have been described in this Rental Contract, and the Rental Contract shall be concluded between the Company and the User after the Company reply back via Email to the reservation application from the User.
- (2) The rider shall observe the rules and duties which are settled for bike riders when concluding this Rental Contract.
- (3) The Company has the right to record the name, address, and telephone number and other information of the User at the point of conclusion of this Rental Contract and request the User to submit a copy of the User`s photo identity documents such as driver’s license or passport, my number card.
- (4) The Company has the right to ask the User or the Rider to inform emergency contact when concluding the Rental Contract.
- (5) The Company will specify the method of payment to the User such as credit card or cash when concluding the Rental Contract.
- (6) In case the User or the Rider hasn`t follow the terms and conditions of this Rental Contract, the Company has the right to refuse to conclude the Rental Agreement and cancel the reservation request. In such case, Article 2 Paragraph 3 item 5 shall be applied to the rental fees and other stipulated condition.
- (7) A deposit equivalent to 50% of the bike's retail price (including tax) will be required as a payment to the Company or the shop under the following conditions;
- In case the current address is different from the address on the User`s photo ID.
- In case the bike is delivered to an address outside of the delivery area.
- In case the bike is parked outside of the User`s home.
- In case the bike is used outside of the delivery area.
- In case the bike is returned without the attendance of the Company in order to check its returned condition.
In cases other than those listed above, the deposit equivalent to 50% of the bike's retail price (including tax) will be required to the User if the Company deem the payment is necessary. This security deposit will be refunded to the User when the User return the bike to the Company.
2. Refusal of lending the bike
- (1) In case the User or the Rider (hereinafter referred to as “they”) corresponded to the following conditions the Company has the right to refuse the conclusion of the Rental Contract and cancel the reservation request.
- In case their height wasn`t suitable for the required height for riding the rental bike.
- In case the User`s application information and the information contained in the User`s ID are different (However, this case does not apply when the User prepaid 50% deposit of the regular price of the Bike).
- In case the User had been overdue rental fees or hadn`t paid the repair cost in the past.
- In case they are considered to be under the influence of alcohol.
- In case they show drug addiction symptoms for narcotics, heroin, or thinners.
- In case they have breach record against the Rental Contract in the past rental service related to the Company or the Company`s group company.
- In case their actions were a breach to this Rental Contract.
- In case there were some other cases considered to be inappropriate by the Company.
- (2) In case the User or the Rider is a member of an anti-social group, 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
are effectively managing their organization, or constituent members are anti-social influences, the Company may cancel the Rental
Contract without any notification.
- (3) If the User or the Rider performs any of the following acts either by themselves or through third party, the Company may cancel the Rental Contract without inform any warning to them.
- Use threatening words or actions to others or use violence against the others.
- Conduct act of obstruction against the business or cause a loss of trust of other party through use of deception or
coercion.
- (4) In case the Company cancels the Contract based on the stipulation of this terms and even if this action of the Company causes damage to the User or the Rider, the Company shall not be required to provide any compensation. However, if the cancelation causes damage to the Company, the User or the Rider shall provide compensation for such damage.
- (5) Notwithstanding the preceding paragraph, the Company may refuse to conclude a Rental Contract and cancel the reservation in the following cases as well.
- In case there are no rental bike to lend to the User.
- (6) In case the Company refused for the conclusion of the Rental Contract based on the previous paragraph, Article 2 Paragraph 3 item 5 shall be applied to the reservation application fees.
3. Conclusion of the Rental Contract
- (1) The Rental Contract shall be concluded when the User apply for request of rental through Website of the Company and the Company will send back booking confirmation email to the User, and after the Rental bike (including accessories of Rental bike) is handed over to the User.
- (2) The handover of the Bike in the previous paragraph shall be conducted at the rental start date/time and rental bike spot which was mentioned in Article 2 Paragraph 1.
4. Rental Fees
- (1) Rental fees shall include the total amount of the fees described as follows, and Company shall specify each amount of the fee and each reference on the Website of the Company.
- Basic rental fee(charge)
- Fees for optional bike ride items
- Other fees
- (2) In case the Company revised the rental fees after the completion of the reservation referred to as Article 2 Paragraph 3, the User shall pay either the lower fee which was applied at the point of completion of the reservation or fee at the point of handover of the bike.
- (3) When paying by cash (including debit card), unlike credit card payment, it will be +1,000 yen from the normal rental fee and +2,000 yen for long-term rental.
5. Changing rental condition
In case the User intends to change the rental condition after concluding the Rental Contract which was stipulated in Article 3
Paragraph 1, the User must gain consent from the Company.
6. Inspection and maintenance
- (1) The Company shall inspect the rental bike before lending it to the User and perform all necessary maintenance.
- (2) The User or the Rider shall confirm that there is no maintenance problems of the rental bike and the bike meets the rental conditions when borrowing it.
Article 4（Usage）
1. Administrative responsibilities of the User
The User or the Rider shall use and store the rental bike from handover and return of the Rental bike (hereinafter refereed to as “during rental use”) with care of a good administrator.
2. Prohibited actions
The User or the Rider shall not perform any of the following action during rental use;
- To use the rental bike for other than the designated purpose of use or allow other person, except the Rider which was described in Article 2 to use it.
- To use the rental bike which is a breach of law or statutes and standards of public decency, such as double riding(two-person riding
on a bike or riding with even more people).
- Change the original form of the rental bike by improvements or modifications.
- To use the rental bike at various tests or race trials (e.g. using the rental bike at other than the public roads, such as circuit tracks or unpaved roads) without receiving permission from the Company.
- Carry out the rental bike outside of Japan.
- To use the Rental bike for races, acrobatic activities or trials or use in a specific place to conduct such activities.
- To use for other actions which breach the Rental Conditions which were described in Article 2.
In case the User conducted any of these prohibited activities as mentioned above (which is a breach of this Rental Contract) and as a
result the rental bike became unable to use due to break down caused by accident, fault, or damage, the User shall pay all the actual
cost of repairment plus the following compensation amount for the Company`s business regardless of the extent of the damage or time
required for repair;
- In case the rental bike returned with ridable(able to cycle) condition : ￥20,000 per bike（before tax）/ day
- In case the rental bike returned with damaged(unable to cycle)condition : ￥50,000 per bike（before tax）/ day
- If the User cannot return the rental bike to the Company, the User must compensate the same amount as the bike`s market selling
price (manufacturer's suggested retail price) to the Company.
3. Measures against abandoned rental bikes
- (1) In case the User or the Rider park or abandon the rental bike in a parking prohibited area and caused removal of the rental bike by the area`s administration, additional storage cost of the bike, additional rental fee until the return of the bike, other damages to the Company, the User must compensate those fees to the Company.
- (2) In case the User or the Rider didn`t conduct any procedures to return the rental bike, and if the Company bear the costs (hereinafter referred to as “search cost”) which includes searching cost for the missing rental bike or bear the costs (hereinafter referred to as “bike management cost”) which includes cost for transfer, store, or pick up the bike instead of the User, the User or the Rider must pay the following costs to the Company until the specified date settled by the Company;
- Cost for returning the removed or abandoned rental bike
- Search cost and bike management cost
Article 5（Return）
1. Responsibility of the User to return the rental bike
- (1) The User must return the rental bike to the specified location until the expiration of the rental period.
- (2) In case the User is unable to return the rental bike during the rental period due to natural disaster or other force majeure, the User must promptly contact the Company and follow their directions.
2. Inspection of the returned rental bike
- (1) The User shall return the rental bike with attendance of the Company or other party as a consignee of the Company and return the rental bike with the same condition as it was handed over at first to the User excluding ordinary deterioration cases such as wear and tear due to ordinary use of the rental bike. The User is able to return the bike without the attendance of the Company only when the User gain special permission by the Company. Although in case the User used the bike for delivery driver job or ride the bike more than 500km within a month, the Company will consider such use as “non-ordinary use” of the rental bike and the User shall be charged the replacement cost of tire, brake pads, brake shoe, chain, sprocket and other parts.
- (2) The User shall return the rental bike after confirming that there were no remaining items of the User or the Rider, or passenger at the bike. The Company shall not bear any responsibilities for storing the remained items after the return of the rental bike.
3. Returning timing of the rental bike
- (1) In case the User extend the rental period based on Article 3 paragraph 4 item 2, the User shall pay the rental fee corresponding to the rental period after extension.
- (2) In case the User returns the rental bike after exceeding the rental period and without gaining permission from the Company according to Article 3 paragraph 4 item 2, the User shall pay penalty charge which will be double the exceeded fee for the exceeded time plus the fee described in the previous paragraph.
4. Returning place of the rental bike
- (1) In case the User change the settled returning place based on Article 3 paragraph 4 item 2 without consulting to the Company they shall bear the transport cost which the Company expensed to pick up the bike (hereafter “Transport Cost”).
- (2) In case the User return the rental bike to a place other than the settled returning place without gaining approval from the Company according to Article 3 paragraph 4 item 2, they shall pay penalty charge which will be double the forwarding cost.
5. Measures for unreturned rental bike
- (1) The Company shall take legal actions in case the such as legal procedures, criminal prosecution as well as taking any measures to
locate the location of the missing rental bike if the case applied to the following cases;
- In case the User refuse to return the rental bike to the Company despite the fact that the rental period already expired
- In case the User`s location is uncertain or it is clear that the possibility of return of rental bike is very low
- (2) TThe User must pay the costs to the Company which the Company expensed for search and pick up for the missing rental bike if the User`s case apply to the previous paragraph.
6. Agreement of registration and use of the User`s information
- (1) The User or the Rider regarded as already agreed to register their personal information to the Company`s rental service database of CycleTrip (which the Company operates) such as name, date of birth, driver’s license number, passport number and my number card`s number and other information based on the objective fact of the Rental Contract regardless of the provisions related to the handling of personal information in this Rental Contract.
Article 6（Measures against fault, accident and theft）
1. Rental bike accidents
In case the User or the Rider found out an error or fault of the rental bike, they shall immediately discontinue to use it and contact the Company and follow their instructions.
2. Accidents
- (1) In case the User or the Rider encountered some accidents while using the rental bike shall immediately discontinue using it and regardless of the level of the accidents, they shall take all legal measures as well as measures determined as follows;
- Report the accident condition immediately to the police and the Company and follow their instructions.
- When the User or the Rider receive instruction(as a successive action from the previous item) to repair the rental bike, this repairment shall be performed at the Company or a shop specified by the Company.
- To cooperate with the Company or the insurance company which the Company associates and submit the necessary documents to the Company or to the insurance company without any delay. The User or the Rider need approval from the Company before they will make negotiation or make an agreement with the opposite party.
- (2) The User or the Rider shall handle and make solution for the accident at their own responsibility as an addition to the previous paragraph.
- (3) The Company shall make advices and cooperate to the User or the Rider in order to solve the accidents. The Company will not to be blamed for any responsibility of accidents, injury or other troubles occurred during the rental period.
- (4) In case an accident, fault or damage occurred and the rental bike cannot be used, the Company may receive the following amount
from the User or the Rider as a business compensation during the repairment period of the bike regardless of the extent of the damage
or time required for repair;
- In case the rental bike returned with ridable(able to cycle) condition : ￥8,000 per bike（before tax）
- In case the rental bike returned with damaged(unable to cycle)condition : ￥10,000 per bike（before tax）
3.Theft
If the User or the Rider encountered robbery/theft of the rental bike during rental period, they shall take measurements such as follows;
- In case the bike has been lost or stolen, the User or the Rider shall compensate the amount of the bike`s manufacturer desired retail price to the Company.
- Promptly report this case to the nearest police station.
- Promptly report the damage conditions and other things to the Company and follow their instructions.
4. Termination of the Rental Contract due to unavailability of the rental bike
- (1) In case the Rental bike became unable to use due to fault, accident, theft or some other reason during the rental period (hereinafter referred to as “faults”) the Rental Contract shall terminate.
- (2) The User or the Ride shall bear the costs required for the collection and repair for the rental bike in case they caused those events
which was described in the previous paragraph, and the Company will not return the received rental fee from the User or the Rider.
However, this measurement will not be applied in case the faults occurred due to the reasons determined in item 3 or 5 of the following
sentence.
- (3) In case the faults were due to the existing flaws of the rental bike before lending, the User is able to receive provision of “replacement rental bike” from the Company. The requirements for receiving the replacement rental bike shall apply provision of Article 2 paragraph 4.
- (4) In case the User denied to accept the provision of Replacement Rental bike of the previous item, the Company shall return the full
received rental fee to the User. The same measurements shall be applied when the Company is unable to provide a Replacement Rental
Bike to the User.
- (5) In case the reason of faults could not attribute neither to the User, Rider, or the Company, the Company shall deduct the rental fee corresponding to the day of rental until the end of the Rental Contract from the received rental fee and return the remaining balance to the User.
- (6) The User or the Rider may not make any compensation claim against the Company for the occurred loss or damage due to impossibility of renting the bike excluding cases and measures determined at the previous items in this article.
Article 7（Compensation and reimburse）
1. Reimburse or business compensation from the User
- (1) In case the User or the Rider caused damage to third party or the Company during the rental period, they shall compensate for such damage by themselves. However, this case would not apply when this event was attributable to the Company.
- (2) In case the damage caused to the Company described in the previous item were attributable to the User or the Rider and as a result the rental bike broke down by damage or dirt, they must pay the compensation to the Company.
2. Cancelation of Rental Contract
In case the User or the Rider breaches this Rental Contract during rental period, the Company may cancel the Rental Contract without
any notification or warning and may promptly request to return the rental bike to the User or collect the rental bike by the Company
itself. In such case, the Company would not return the received rental fee to the User.
3.Consent of termination
- (1) The User may cancel the Rental Contract after gaining approval from the Company even during the rental period. In such case the Company shall deduct the rental fee corresponding to the period from day of rental until day of return from the received rental fee, and return the remaining balance to the User. This fee shall not be returned only if the cancelation was conducted within 24 hours or the rental fee is settled with special price such as monthly rental fee.
- (2) In case the User conducted the cancelation described in the previous paragraph, they shall pay the following cancelation charges to the Company.
Cancelation fees＝｛（Basic fees corresponding to the planned rental period）－（Basic fees corresponding to the period from rental
until return）｝×50％
4. Purpose of using personal information
- (1) The User (including the person who is planning to apply for Rental Contract) and the Rider shall agree that the Company may use
personal information of the User or the Rider for the following purposes. The Company may also record the contents of conversations
with the User in order to confirm the accuracy of the contents of discussion or notification which had been made to the Company by
the User.
- In order to confirm or inspect the identification of the User or the Rider.
- There is some possibilities that the personal information of the User may be disclosed and provided to the third party which the
Company has been made consignment of operations within a range necessary of this Rental Contract.
- In order to provide information from the Company to the User such as bikes, insurance, or other products and services of the Company or events and promotional campaign to the User or the Rider via sending printed advertisements or email.
- In order to carry out questionnaire surveys to the User or the Rider for the purpose of product developments or improvements of customer satisfaction.
- In order to gain location information, running routes(hereinafter referred to as “locational information”) to provide this service which had been gained from the GPS program which is installed to the device of rental bike.
- In order to make statistic data, in a form that each individual information cannot be identified, and analyze it.
- In case there were some other usage objectives of personal information which has not been clarified in the previous items, the Company shall disclose the objectives to the User.
Article 8 (Miscellaneous provisions)
1. Offset
In case the Company make the User to assume debts based on this provision, the Company may offset the debts that the Company owes the User if any.
2. Consumption tax
The User shall pay consumption tax to the Company for each transaction which are based on this provision.
3. Delinquency charges
In case the User, the Rider or the Company failed to perform their financial obligations based on this provision, they shall pay delinquency charges equivalent to a rate of 14.6% per annum to the opposite party.
4. Governing law
- (1) The governing law of this provision is law of Japan.
- (2) In case there were discrepancies between the Japanese language contract and English language contract, the Japanese contract shall take priority.
5. Terms of use
- (1) The Company may revise the Rental Contract without any notice or may determine separate provisions for the Rental Contract.
- (2) In case the Company revised or settled separate provisions for the Rental Contract, this information shall be described in the pamphlets issued by the Company, the fee structure table and the Company`s Website. In case the Company amended those provisions again, same measurements will be conducted.
6. Court of jurisdiction
In case a dispute occurred related to this Rental Contract and provision`s rights and duties, this dispute shall be settled by a Court of first exclusive jurisdiction in the area where the Company is located.
（This Rental Contract is current as of July 1, 2018）
（This Rental Contract was revised on October 1, 2019）
（This Rental Contract was revised on November 1, 2020）
（This Rental Contract was revised on January 1, 2021）
（This Rental Contract was revised on February 10, 2021）
（This Rental Contract was revised on April 1, 2021）
