Chapter 1 General Provisions
Article 1 (Application of Terms) NOT A HOTEL MANAGEMENT Inc. (hereinafter referred to as "the Company") operates a service (hereinafter referred to as "this Service") that lends automobiles (hereinafter referred to as "car-sharing vehicles") at locations designated by the Company (hereinafter referred to as "stations") to members defined in Article 2, according to these terms and conditions (hereinafter referred to as "these Terms") and the detailed rules prescribed. Matters not specified in these Terms shall be governed by laws or general customs. The Company may agree to special contracts within the scope not contrary to the intent of these Terms, laws, and general customs. In the case of a special contract, the provisions of the special contract shall take precedence.
Chapter 2 Membership
Article 2 (Membership) Membership refers to individuals who have agreed to the contents of these Terms and have completed the membership application process based on these Terms, which the Company has approved.
Article 3 (Membership Application)
Applications for membership in this Service can only be made by individuals staying at hotels operated by the Company (hereinafter referred to as "this Hotel"). Furthermore, this Service is only available on the day the member stays at this Hotel.
Individuals wishing to join must apply for membership by a method separately prescribed by the Company.
Upon receiving an application as mentioned in the preceding paragraph, the Company will conduct the necessary screenings and procedures and approve the membership unless the facts described in paragraph 4 of this article exist.
The Company may not approve membership if the applicant for membership is found to meet any of the following conditions upon review: (a) When the applicant does not possess a driver's license necessary for driving car-sharing vehicles or a driver's license that meets the types and conditions specified by the Company. (b) When there are false statements, errors, or omissions in the matters declared at the time of the membership application. (c) When it is recognized that the applicant is a member or associate of an organized crime group, an organization related to an organized crime group, or any other antisocial organization, or has been involved in maintaining or operating such groups or has had interactions with such members. (d) When the Company deems the applicant unsuitable for membership. (e) When there is a violation of these Terms. (f) When the Company otherwise deems it inappropriate.
Due to the obligation to record the driver's name, address, type of driver's license, and driver's license number in the lending book (original lending document) based on the Basic Notification on Rental Cars (Self-Travel No. 138, June 13, 1995), the Company will request the presentation of a driver's license and other documents for identity verification at the time of membership application (including the transmission of a driver's license and other documents for identity verification by electronic means in the case of web application), and members agree to this. Furthermore, all documents submitted to the Company by the membership applicant at the time of application, including the application form and copy of the driver's license, will not be returned to the membership applicant or member, regardless of the reason.
Article 4 (Withdrawal) Members who wish to withdraw shall notify the Company by a method separately prescribed by the Company.
Article 5 (Suspension and Cancellation of Membership)
If a member falls under any of the following, the Company can suspend or cancel the member's qualifications without any prior notice or demand: (a) When the member loses the driving license qualifications necessary for driving car-sharing vehicles or the qualifications specified by the Company. (b) When there are false matters in the application content or notifications to the Company. (c) When there is a delay in the performance of monetary obligations such as the service usage fee or refusal to pay. (d) When there is a violation of these Terms. (e) When the use of the designated credit card or payment account by the credit card company is suspended, or the credit card company requests the Company to stop billing the member for the service usage fee and other monetary obligations. (f) When the Company reasonably determines that the member has engaged in actions significantly bothering other members or third parties (including but not limited to smoking inside car-sharing vehicles, leaving items, or damaging the car-sharing vehicles). (g) When the Company reasonably determines that it is not appropriate to provide this Service for safety management reasons. (h) When driving under the influence of alcohol or other acts prohibited by the Road Traffic Act, when fines for parking violations under the Road Traffic Act are not paid, when the Company receives a statement of explanation under Article 51-4, Paragraph 4 of the Road Traffic Act regarding an order to pay a non-payment fine, or when other acts in violation of laws are performed. (i) When recognized as a member of an organized crime group or related to the maintenance, operation, or involvement with such groups, or when it is discovered that there has been interaction with such members. (j) When dead or missing, when notifications from the Company do not reach the contact address provided, or when receiving notifications from the Company is refused. (k) In cases similar to the above, when the Company reasonably judges that lending car-sharing vehicles is inappropriate, or when the Company reasonably deems it necessary regardless of the reason.
If the effective period of the driving license necessary for driving car-sharing vehicles expires, the member shall immediately report the copy or image data of the updated driver's license to the Company by the prescribed procedure. If the member fails to make such a report, the Company may suspend or cancel the member's qualifications in accordance with the first item of the preceding paragraph.
Chapter 3 Lending Contract
Article 6 (Reservation)
When borrowing a car-sharing vehicle, the member agrees to the terms and conditions and separately determined fee schedule, and makes a reservation application for the lending contract in advance by entering the desired vehicle class, purpose of use, start date and time of borrowing, return date and time, desired station for borrowing, and other borrowing conditions (hereinafter referred to as "borrowing conditions") by a method separately prescribed by the Company.
When a member applies for a reservation, the Company will, in principle, respond to the reservation within the range of rental cars owned by the Company and the borrowing conditions recognized by the Company.
If the member wishes to cancel or change the contents of the reservation application according to paragraph 1, the member shall perform the cancellation or change procedure by a method separately prescribed by the Company before the start date and time of borrowing. It is not possible to cancel or change after the start date and time of borrowing has passed.
If the member does not perform the cancellation or change procedure according to the preceding paragraph by the start date and time of borrowing, the member shall pay the usage fee even if the car-sharing vehicle is not used.
The Company does not guarantee that the car-sharing vehicle desired by the member can be reserved. In cases where the member cannot apply for a reservation or the reservation is not approved due to natural disasters, accidents, theft, breakdowns or malfunctions of vehicles, delays in return by other members, communication failures in telecommunications services such as fixed phones, mobile phones, smartphones, internet connections, failures or malfunctions of the system used for operating this service, or other reasons not attributable to the Company's fault, the Company shall not be liable for any damages incurred by the member.
By registering other members as additional drivers at the time of reservation, the member who made the reservation application can allow the additional drivers to drive the car-sharing vehicle under the management of the member who made the reservation.
Article 7 (Lending)
Each time a car-sharing vehicle is used based on the reservation in the preceding article, the reservation contract is completed, and the lending contract is established by the member performing the start procedure by the method prescribed by the Company at the station.
The Company does not guarantee the lending of the reserved car-sharing vehicle. In cases where it is not possible or deemed objectively inappropriate to lend the reserved car-sharing vehicle to the member due to natural disasters, accidents, theft, breakdowns or malfunctions of vehicles, delays in return by other members, communication failures in telecommunications services such as fixed phones, mobile phones, smartphones, internet connections, failures or malfunctions of the system used for operating this service, or other reasons, and it is not possible to lend another car-sharing vehicle as a substitute, or the member does not approve the borrowing of another car-sharing vehicle guided by the Company, the reservation shall be deemed cancelled. Also, in cases corresponding to the reasons for suspension or cancellation of membership qualifications in paragraph 1 of the preceding article, the Company can cancel the reservation.
In cases where it is not possible or deemed objectively inappropriate to lend the car-sharing vehicle to the member due to the reasons in the preceding paragraph, the Company shall promptly notify the member according to the method predetermined.
Article 8 (Service Usage Fee)
The service usage fee refers to the usage fee implemented by reporting to the director of the regional transportation bureau at the time of lending the car-sharing vehicle.
The usage fee is calculated based on the difference between the start date and time of borrowing specified at the time of reservation and the actual return procedure date and time, based on the usage time. If the member does not cancel the reservation and does not use the car-sharing vehicle, the usage fee for the reserved lending period will be charged.
The calculated time less than the billing unit separately determined by the Company will be rounded up.
The member shall pay the consumption tax (including local consumption tax) imposed on the service usage fee separately to the Company.
If the member uses toll roads or hourly parking lots with the car-sharing vehicle during the lending period, the member shall settle the usage fees related to the use at their own responsibility.
If the member uses the ETC system and there is an inquiry from the expressway operating company regarding the member's use of toll roads, the Company may disclose information about the relevant user to the expressway operating company, and the member agrees to this.
Article 9 (Measures Accompanying the Revision of the Service Usage Fee)
The Company can revise the service usage fee at any time.
If the service usage fee is revised after the member has made a reservation, the fee schedule applicable at the time of reservation shall apply.
Article 10 (Settlement)
The member shall pay the service usage fee and debts related to the use of this service to the Company by the prescribed method.
If there are multiple delays in the payment of the service usage fee and other debts related to the use of this service, the Company can suspend or cancel the membership qualifications regardless of subsequent full payment.
Article 11 (Offset) When the Company bears monetary obligations to the member based on these Terms or other transactions, the Company can offset the service usage fee and other monetary obligations the member bears to the Company at any time.
Article 12 (Non-Provision of Substitute Vehicles) The Company is not obligated to lend another car-sharing vehicle to the member if the use of the car-sharing vehicle becomes impossible during the lending period.
Article 13 (Cancellation of the Lending Contract) The member can cancel the lending contract if the car-sharing vehicle becomes unusable due to defects that existed before the member borrowed it.
Article 14 (Termination of Lending Due to Force Majeure)
If the car-sharing vehicle becomes unusable during the lending period due to natural disasters or other force majeure, accidents not attributable to the member, theft, or other reasons not attributable to the member, the lending contract shall terminate at the time when the car-sharing vehicle becomes unusable. In this case, the Company shall exempt the member from the service usage fee from the time when the car-sharing vehicle becomes unusable.
If the circumstances in the preceding paragraph occur, the member shall immediately contact the Company.
Article 15 (Termination of Lending Due to Reasons Attributable to the Member)
If the car-sharing vehicle becomes unusable during the lending period due to an accident, theft, breakdown, or other reasons attributable to the member, the member must immediately contact the Company, and the lending contract shall terminate at the time of contact.
If the member parks the car-sharing vehicle in a place where parking is not permitted without permission during the lending period, and the Company is requested to move the car-sharing vehicle by the landowner or the police, and it is difficult for the member to move it immediately as determined by the Company, the Company can move or retrieve the car-sharing vehicle.
In the case of the preceding paragraph, the lending contract shall terminate when the Company moves or retrieves the car-sharing vehicle. The Company can charge the member for the costs incurred in searching for and moving or retrieving the car-sharing vehicle.
Article 16 (Change of Borrowing Conditions) The member cannot change the borrowing conditions determined at the time of reservation without the consent of the Company after the establishment of the lending contract.
Chapter 4 Responsibility
Article 16 (Regular Inspection and Maintenance)
The Company shall lend car-sharing vehicles that have undergone regular inspections and maintenance as prescribed in Article 48 of the Road Transport Vehicle Act.
If defects are found in car-sharing vehicles during the confirmation in the preceding paragraph, the Company shall take measures such as replacing parts.
If it is difficult to use the car-sharing vehicle as a result of the confirmation in paragraph 1, the Company can cancel the reservation contract made by the member based on Article 7.
Article 17 (Daily Inspection and Maintenance)
During the lending period, the member must conduct daily inspections and maintenance prescribed in Article 47-2 of the Road Transport Vehicle Act before using the car-sharing vehicle each day.
If the member discovers abnormalities in the car-sharing vehicle after conducting daily inspections and maintenance, the member shall promptly contact the Company and follow the Company's instructions. If the abnormality makes it impossible to lend the car-sharing vehicle, and it is not possible to guide other car-sharing vehicles, or the member does not approve the borrowing of other car-sharing vehicles guided by the Company, the lending contract shall be canceled.
Article 18 (Management Responsibility of the Member)
The member shall use and store the car-sharing vehicle with the care of a good manager.
The management responsibility in the preceding paragraph begins when the borrowing start procedure is completed and ends when the return procedure is completed.
If the member neglects the duty of care and damages, loses, or destroys the car-sharing vehicle, the member must immediately report to the Company.
If the member allows pets to accompany in the car-sharing vehicle, the member must comply with the following items: (a) Declare the accompaniment of pets at the time of reservation. (b) Use a pet crate and not open it inside the vehicle. (c) Place a pet sheet under the pet crate. (d) Designate the luggage space or rear seats of the vehicle as the pet accompaniment space. (e) Pay the designated pet accompaniment service fee. (f) If odors, shedding, damage, or destruction occur after pet accompaniment, bear the actual costs of cleaning and repair, and pay the designated fee as part of the business compensation if it is not possible to lend to the next user.
Article 19 (Prohibited Acts)
During the lending period of the car-sharing vehicle, the member shall not engage in the following acts: (a) Use the car-sharing vehicle for the purpose of automobile transport business or similar purposes without the approval of the Company and the permission required under the Road Transport Act. (b) Allow the car-sharing vehicle to be used by non-members, or even members who have not registered as additional drivers according to Article 6, paragraph 6, sublease, or engage in any acts that infringe the rights of the Company or obstruct its business. (c) Use the car-sharing vehicle in violation of laws or public order and morals. (d) Engage in irregular driving (including zigzagging, sudden acceleration, unnecessary sudden stops, etc., not limited to these, and not necessarily illegal under traffic laws) or inappropriate parking (regardless of the public or private status of the place) that interferes with the safety of traffic and the surrounding environment. (e) Engage in actions that significantly inconvenience the Company, other members, or third parties (including but not limited to smoking inside the car-sharing vehicle, leaving items, damaging the car-sharing vehicle, etc.).
Article 20 (Liability for Compensation)
If the use of the car-sharing vehicle becomes impossible due to reasons attributable to the member, the member shall pay the Company a fee separately determined by the Company as business compensation for the period during which the car-sharing vehicle cannot be used.
In addition to the provisions of the preceding paragraph, if the member causes damage to a third party or the Company due to reasons attributable to the member while using the car-sharing vehicle, the member shall be liable for compensating the damage.
Based on the preceding paragraph, if the member causes damage to a third party and the Company compensates the third party on behalf of the member, the Company can claim compensation from the member. Regardless of other provisions of these Terms, if the member suffers damage due to reasons attributable to the Company's fault (except in cases of intentional or gross negligence by the Company) in relation to the lending contract, the Company shall be liable for damages due to non-performance or tort only for the actual damage that normally occurs, up to the limit of the usage fee equivalent amount in the lending contract, and shall not be liable for damages and lost profits arising from special circumstances.
Article 21 (Compensation)
The Company shall compensate the member for the liability for damages under paragraph 2 of the preceding article within the following limits through the damage insurance contract concluded for the car-sharing vehicle and the compensation system determined by the Company: (a) Personal compensation: Unlimited amount per person (including automobile liability insurance) (b) Property compensation: Unlimited amount per accident (deductible amount 0 yen) (c) Vehicle compensation: Up to 4.35 million yen per accident (deductible amount 0 yen) (d) Personal injury compensation: Up to 50 million yen per person
For injuries (including death and residual disability) to passengers due to automobile accidents during use, regardless of the driver's fault ratio, the damage amount will be compensated. (No limit on the amount; the insurance company will determine the damage amount based on the insurance contract)
For damages exceeding the compensation limit or the actual amount of insurance money paid by the insurance company, the member shall bear the cost.
If the damage insurance does not apply, the member shall compensate for the damage based on the provisions of the preceding article.
If there is a violation of these Terms (including inaction) or if the cause is due to driving by someone other than the member, the insurance money or compensation money stipulated in paragraph 1 will not be paid.
Article 22 (Measures in Case of Parking Violations and Speeding Violations)
If a member commits a parking violation involving the car-sharing vehicle during the loan period, as defined by the Road Traffic Act, the member shall appear at the police station that has jurisdiction over the area where the parking violation occurred, immediately pay the fine for the parking violation themselves, and bear the costs associated with towing, storage, and retrieval of the vehicle due to the parking violation.
In the event that the police station notifies our company of the parking violation, our company will contact the member and instruct them to promptly move the car-sharing vehicle to a location specified by our company and to appear at the police station handling the violation by the return date of the car-sharing vehicle or the time instructed by our company to complete the administrative procedures for paying the fine for the violation, while also signing a document specified by our company (hereinafter referred to as "Acknowledgment") acknowledging the fact of the parking violation and consenting to comply with the legal measures as the violator. If the member has not paid the fine for the parking violation or the costs mentioned in the preceding paragraph, our company may refuse to return the car-sharing vehicle until such payment or payments are completed, even during the loan period.
If the return of the car-sharing vehicle exceeds the loan period due to the circumstances mentioned in the preceding paragraph, the member shall pay an additional usage fee for the excess period.
Our company may submit documents including the Acknowledgment, rental conditions, registered member information, and the registration number of the car-sharing vehicle lent to the member, among other information, to the police and the Public Safety Commission if deemed necessary by our company, and the member agrees to this.
If the police or the prefectural Public Safety Commission notifies our company of a parking violation, our company may request the member to pay a deposit equivalent to the parking violation-related costs specified in the following paragraph. If the member pays the deposit and our company pays the unattended violation fine specified in the following paragraph before the member pays the fine, our company will refund the amount of the deposit to the member after deducting the costs associated with the parking violation.
If our company receives an order to pay the unattended violation fine according to Article 51-4, Paragraph 4 of the Road Traffic Act, bears the cost of searching for the member, or incurs costs for moving, storing, or retrieving the vehicle, or if the member receives a driving prohibition from the prefectural Public Safety Commission, our company will bill the member for the following amounts (hereinafter referred to as "parking violation-related costs"). In this case, the member shall pay the parking violation-related costs by the date specified by our company.
The equivalent amount of the unattended violation fine.
A parking violation penalty fee separately determined by our company.
Costs incurred in searching for the member and for moving, storing, and retrieving the vehicle.
Business compensation due to the driving prohibition.
In the event that a member is required to pay the fine for a parking violation according to the provisions of Paragraph 1 and the member does not comply with our company's designation or request to sign the Acknowledgment as specified in Paragraph 2, our company may receive a parking violation fee separately determined by our company from the member as a charge to be applied towards the unattended violation fine and parking violation penalty mentioned in Paragraph 6.
If a member pays the amount claimed by our company based on Paragraph 6 and later pays the fine for the relevant parking violation or if the order to pay the unattended violation fine is canceled due to the member being prosecuted, etc., and our company receives a refund of the unattended violation fine, our company will refund only the amount equivalent to the unattended violation fine out of the parking violation-related costs already paid by the member. The same applies if our company receives the parking violation fee based on the previous paragraph.
If a member commits a speeding violation (exceeding the maximum speed limit) while driving the car-sharing vehicle during the loan period, the member shall appear at the police station that has jurisdiction over the area where the speeding violation occurred and immediately pay the fine for the speeding violation themselves. Chapter 5 Measures in Case of Accidents and Theft
Article 23 (Accident Handling)
If an accident involving the car-sharing vehicle occurs during the loan period, regardless of the severity, the member shall take legal measures and handle the situation as follows:
Immediately contact our company to report the situation of the accident.
Submit without delay any documents or evidence required by our company and the insurance company contracted by our company regarding the accident.
Obtain our company's consent before settling or making an agreement with a third party regarding the accident.
The repair of the car-sharing vehicle shall be conducted by our company, and the member shall not undertake repairs themselves.
In addition to the provisions of the preceding paragraph, the member shall resolve the accident at their own responsibility.
Our company shall provide advice and assist in the resolution of the accident involving the car-sharing vehicle on behalf of the member.
Article 24 (Theft) If theft of the car-sharing vehicle occurs during the loan period, the member shall take the following measures:
Immediately report to the nearest police station.
Immediately report the details of the incident to our company.
Submit without delay any documents or other items requested by our company and the insurance company contracted by our company regarding the theft.
Article 25 (Measures in Case of Abnormalities or Malfunctions)
If a member discovers any abnormalities or malfunctions in the car-sharing vehicle during the loan period, they shall immediately stop driving, contact our company, and follow our company's instructions. If our company decides that it is impossible to continue the loan and instructs to stop using the car-sharing vehicle, the loan contract shall end at the time of contact with our company, and the member shall pay the fee corresponding to the period from the designated start date and time of borrowing to the time of contact with our company.
If the abnormality or malfunction of the car-sharing vehicle is due to reasons attributable to the member, the member shall bear the costs for retrieving and repairing the car-sharing vehicle.
If the car-sharing vehicle becomes unusable due to defects that existed before the loan, our company will not charge the service usage fee.
If the car-sharing vehicle becomes unusable due to a malfunction or other issues that occurred despite our company's regular inspection and maintenance, the member shall not hold our company responsible for any damage arising therefrom, unless there are reasons attributable to our company.
Article 26 (Exemption from Liability Due to Force Majeure)
If the member cannot return the car-sharing vehicle within the borrowed time due to reasons not attributable to the member, such as natural disasters, accidents, theft, or other force majeure events, our company will not hold the member responsible for any resulting damage. In such cases, the member shall immediately contact our company and follow our instructions.
If our company cannot lend the car-sharing vehicle due to reasons not attributable to our company, such as natural disasters, accidents, theft, vehicle malfunctions or defects, delays in return by other members, communication failures in fixed phones, mobile phones, smartphones, internet connections, or other telecommunication services, system failures or defects in the service operation, or other reasons not attributable to our company, our company will not be liable for compensation for any damage incurred by the member.
Chapter 6 Return
Article 27 (Confirmation of Car-Sharing Vehicle, etc.)
When returning the car-sharing vehicle to our company, the member shall return it at the designated location in the same condition as at the start of the loan, excluding normal wear and tear from use. If the car-sharing vehicle is contaminated, damaged, or missing equipment due to reasons attributable to the member, the member shall bear the costs necessary to restore the car-sharing vehicle to its condition at the start of the loan. Furthermore, if the member fails to return the car-sharing vehicle to the designated location due to reasons attributable to the member, the member shall bear the costs required to move the car-sharing vehicle to the designated location.
In addition to the case specified in the preceding paragraph, if the member discovers any abnormalities in the car-sharing vehicle upon return, they shall promptly contact our company.
Article 28 (Handling of Left-Behind Items)
When returning the car-sharing vehicle, the member shall, at their own responsibility, ensure that no items left behind by the member, accompanying passengers, or other third parties (hereinafter referred to as "left-behind items") remain in the car-sharing vehicle.
Due to the nature of this service, where the lending and returning of car-sharing vehicles are conducted at unmanned stations, our company will not, in principle, check for or collect left-behind items in the returned car-sharing vehicle, and the member shall be responsible for any damage incurred by the member, accompanying passengers, or other third parties due to leaving behind items.
When our company collects left-behind items from the car-sharing vehicle without being entrusted by the member, our company will handle them according to the following items. However, items without monetary value, those likely to decay, hazardous materials, or other items that are difficult to store continuously may be immediately disposed of without following the items below.
Items without monetary value, those likely to decay, hazardous materials, or other items that are difficult to store continuously will be stored for 3 days, including the day of collection, and disposed of if the owner does not claim them within that period.
Items such as driver's licenses, passports, credit cards (including ETC cards, and similarly hereafter), currency, banknotes, revenue stamps, postage stamps, securities, vouchers, precious metals, mobile phones, and jewels will be stored by our company.
Items such as firearms, swords, drugs, and other items prohibited by law will be immediately reported and handed over to the relevant police station.
Article 29 (Return of Car-Sharing Vehicle)
The member shall lock the car-sharing vehicle and perform the designated return procedures themselves at the station where they borrowed it, by the return date and time specified at the time of reservation.
If the member violates the preceding paragraph, they shall compensate our company for all damages caused.
If the member exceeds the return date and time specified at the time of reservation, they shall pay the excess fee separately determined by our company. However, this does not apply if the extension of use procedures were completed before the end of the loan period.
Article 30 (Measures in Case the Car-Sharing Vehicle Is Not Returned)
If the member does not return the car-sharing vehicle even 12 hours after the expiration of the loan time and does not respond to our company's request for return, or if the member is considered to have absconded due to being untraceable, etc., our company shall take legal action, including filing a criminal complaint.
In the case of the preceding paragraph, our company shall use all available means to determine the whereabouts of the car-sharing vehicle.
In the case of Paragraph 1, the member shall compensate our company for any damages caused, in addition to bearing the costs required for recovering the car-sharing vehicle and searching for the member.
Chapter 7 Miscellaneous Provisions
Article 31 (GPS Function)
The member acknowledges and consents without objection that the car-sharing vehicle is equipped with a Global Positioning System (hereinafter referred to as "GPS function") and that the current location, route, etc., of the car-sharing vehicle are recorded in a system specified by our company, and our company may use the said records (including user information) in the following cases:
When verifying that the car-sharing vehicle has been returned to the designated station at the end of the lending contract.
When our company deems it necessary to recognize the current location, route, etc., of the car-sharing vehicle through the GPS function for the management of this service.
Our company may disclose the information recorded by the GPS function mentioned in the preceding paragraph to third parties if deemed necessary for resolving accidents, troubles, etc., related to this service and the car-sharing vehicle.
The information recorded by the GPS function will be stored for a certain period (approximately 7 years after acquisition as a guideline) and will be promptly deleted after the end of the storage period.
Article 32 (Drive Recorder)
The member acknowledges and consents without objection that a drive recorder may be installed in the car-sharing vehicle, the driving conditions of the member may be recorded, and our company may use the said records (including user information) in the following cases:
When our company deems it necessary to recognize the member's driving conditions for the management of this service.
When using it for resolving accidents, troubles, etc., related to this service and the car-sharing vehicle.
Our company may disclose the information recorded by the drive recorder mentioned in the preceding paragraph to third parties if deemed necessary for resolving accidents, troubles, etc., related to this service and the car-sharing vehicle.
The information recorded by the drive recorder will be stored for a certain period (approximately 1 week after acquisition as a guideline) and will be promptly deleted after the end of the storage period.
Article 33 (Acquisition of Vehicle Information by Automobile Manufacturers, etc.)
The member acknowledges and consents without objection that if the car-sharing vehicle is equipped with car navigation systems or other in-vehicle devices by automobile manufacturers, automobile sales companies, and business partners associated with automobile manufacturers (hereinafter referred to as "automobile manufacturers, etc."), the automobile manufacturers, etc., may acquire vehicle information as follows:Main vehicle information includes driving time, distance, speed, vehicle condition, location information, etc.Purpose of use includes emergency situation verification, product development by automobile manufacturers, etc., efforts in safety management, service improvement, and other purposes specified by automobile manufacturers, etc.Acquirers and responsible parties for vehicle information based on this article are automobile manufacturers, etc.The storage period conforms to the period specified by automobile manufacturers, etc.
Article 34 (Late Interest)
If the member fails to fulfill their monetary obligations for the service usage fee or other financial debts even after the payment due date, they shall pay an amount calculated at an annual rate of 14.6% for the number of days from the day following the payment due date until the day before the payment date as late interest, together with the service usage fee and other monetary obligations, by the date specified by our company using the method specified by our company.
All costs necessary for the payment, including transfer fees and other expenses, shall be borne by the member.
Article 35 (Detailed Rules of the Contract) Our company may establish detailed rules and usage conditions, such as a "User Guide," in addition to this agreement and post them on our company's website, and the member shall comply with these detailed rules and usage conditions.
Article 36 (Amendment of This Agreement, etc.)
Our company may amend this agreement and the detailed rules without the prior approval of the member by the method specified in the following paragraph.
Changes to this agreement and the detailed rules shall be made by posting the details of the changes on our company's application or notifying the member of the changes in a manner deemed appropriate in light of the content of the changes.
The effectiveness of changes to this agreement and the detailed rules based on the preceding paragraph shall commence from the effective date posted on our company's application or the effective date explicitly stated in the appropriate notification method mentioned in the preceding paragraph.
Article 37 (Change of Notified Matters)
If there is a change in the member's name, address, telephone number, email address, or other matters notified to our company at the time of membership registration, the member shall notify our company of the change without delay by a separately specified method.
If the member fails to notify the change mentioned in the preceding paragraph, documents sent by our company to the address notified at the time of membership registration and emails sent to the email address notified at the time of membership registration shall be deemed to have reached the member at the time they would normally have arrived.
If the effective period of the driving license required for driving the car-sharing vehicle expires, the member shall promptly submit a copy or image data of the renewed driving license to our company by the procedure specified by our company. If the member receives a suspension or revocation of their driving license, they shall also promptly notify our company of this fact.
The member shall be responsible for any damage incurred by failing to notify the changes mentioned in Paragraph 1 or the previous paragraph.
Article 38 (Suspension of Service)
Our company may temporarily suspend this service without prior notice to the member if any of the following circumstances occur:
In case of urgent maintenance of the car-sharing vehicle, communication equipment, system, software, etc., related to this service.
In case of fire, power outage, or natural disasters such as earthquakes, eruptions, floods, tsunamis, etc., or in case of communication failure, system failure, etc.
In case of war, turmoil, riot, disturbance, labor dispute, etc.
In case of system overload or when our company determines there is a security issue.
In other cases where our company deems it necessary to temporarily interrupt this service for operational or technical reasons.
The member agrees in advance that there may be delays in providing this service or temporary suspensions due to any of the reasons mentioned in each item of the preceding paragraph and will start using this service with this understanding.
Article 39 (Changes to Communication Equipment, System, Software, etc., and Exemption from Liability)
Our company may, at its discretion and without prior notice or consent from the member, modify, update, or discontinue the use of communication equipment, systems, software, etc., related to this service.
Our company does not guarantee that emails, content, etc., sent from our company's website, server, domain, etc., are free from harmful elements such as computer viruses due to reasons not attributable to our company.
Our company does not guarantee the accuracy, correctness, completeness, or operation of the car navigation system installed in the car-sharing vehicle.
Article 40 (Jurisdictional Court) In the event of a dispute arising from the rights and obligations based on this agreement, the simple court or district court having jurisdiction over the location of our company's head office shall be the exclusive agreement jurisdictional court of the first instance.