The Terms of Use (hereinafter referred to as "these Terms") set forth matters that customers (hereinafter referred to as "Users") who apply for the use of hired cars through the "Hired Car Dispatch Service" (hereinafter referred to as "the Service") provided by IKKYU Kanko Co., Ltd. (hereinafter referred to as "the Company") must comply with, and define the rights and obligations between the Company and the Users. Please be sure to read the entire text of these Terms before agreeing to them.
Article 1 (Regarding the Service)
1. The Service involves, on the reservation form of the website, planning and proposing a commissioned travel plan based on the Travel Agency Law in response to the User's mobility needs, using hired car vehicles leased from hired car operators by the Company, which is a Category II Travel Agent (Passenger Transport Business Kinki No. 908), and providing said travel plan upon application from the User.
2. The method of using the Service and the usage fees shall be as set forth on the Service usage guide website, etc. The User shall be deemed to have applied for use of the Service upon understanding said content.
3. The usage fee shall be calculated by the Company based on the anticipated road traffic conditions, supply and demand situation, etc., at the time of each application and presented to the User.
4. The User shall provide personal information to the Company in accordance with the Service's Privacy Policy. The Company shall provide said personal information to hired car operators in accordance with the Privacy Policy, and the User shall be deemed to have agreed without objection to the provision to such third party through the use of the Service. However, in light of the purpose of provision to a third party, only the minimum necessary information for providing the Service shall be provided.
5. If the User soils or damages the vehicle or other equipment of a hired car operator during the use of the Service, the User shall pay the costs incurred for its cleaning/repair to the hired car operator (through the Company). Furthermore, if the soiling or damage is severe, causing the vehicle to suspend operations and return to the garage, etc. (representative examples include vomiting in the vehicle but are not limited to this), the User shall pay 20,000 yen (tax included) as a business compensation fee to the hired car operator (through the Company).
6. The rules and help, etc., related to the use of the Service posted on the Service website, etc., also constitute part of these Terms.
Article 2 (Agreement to these Terms)
1. The User must use the Service in accordance with the provisions of these Terms, the Standard Travel Agency Terms and Conditions, and the Transaction Condition Description (hereinafter collectively referred to as the "Terms Group") after agreeing to them. Use of the Service shall be deemed as agreement to the Terms Group.
2. The User shall print or save a data copy of the Transaction Condition Description. Applying to use the Service shall be deemed as a representation that the User has printed or saved the Transaction Condition Description.
Article 3 (User Registration)
1. When applying to use the Service for the first time, if the application is made via the User's LINE account or the website reservation form, a user account will be automatically generated in linkage with the email address.
2. User registration must be performed by the individual who will become the user. Registration by anyone other than the individual is not permitted.
3. User information and other input information (hereinafter referred to as "User Information, etc.") may not contain false content.
4. The User has the obligation to always register correct User Information, etc., and to make changes and manage it.
5. In accordance with the preceding paragraph, if there are any changes to the registered User Information, etc., please update the registration information immediately. The User shall be responsible for any consequences resulting from failure to update the User Information, etc.
6. A person wishing to use the Service may apply to the Company for user registration after agreeing to the Terms Group, and only those accepted by the Company may become Users. However, a person falling under any of the following items may not register as a user. Furthermore, if it is discovered after registration that the User falls under any of the following items, the Company may cancel the registration, etc., and the User may not object to this or make any legal claim.
1. A person who has provided false, incorrect, or omitted information in all or part of the registration details provided to the Company.
2. A person who falls under or is judged by the Company to have some kind of exchange or involvement with anti-social forces (organized crime groups, members of organized crime groups, right-wing groups, anti-social forces, or others equivalent to these, hereinafter the same), or supports the maintenance, operation, or management of anti-social forces, etc., through financial provision, etc.
3. A person who is deemed likely to violate these Terms.
4. A minor, an adult ward, a person under curatorship, or a person under assistance, in cases where consent, etc., from a legal representative, guardian, curator, or assistant has not been obtained.
5. Any other person deemed inappropriate for registration by the Company.
7. Regarding Cancellation of User Registration
1. If a User falls under or is deemed likely to fall under any of the following, the Company may, without prior notice, cancel the User's registration, suspend the User's use of the Service, and deny access to the Service.
1. When deemed to have violated laws (including ordinances, regulations, etc.) or these Terms.
2. When misconduct is recognized.
3. When information registered by the User is judged by the Company to be false information.
4. When causing trouble to the Company, other Users, or third parties, regardless of good faith/bad faith, negligence/no negligence.
5. When payment is stopped or becomes impossible, or when a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation proceedings, or similar proceedings is filed; when subjected to delinquency disposition for taxes and public charges; when seizure, provisional seizure, provisional disposition, compulsory execution, or auction petition occurs; or when the registered credit card becomes unusable.
6. When deceased, or subject to a judgment for commencement of guardianship, curatorship, or assistance.
7. When there has been no use of the Service for 12 months or more, and there is no response to contact from the Company.
8. When the Company deems it appropriate to cancel the user registration.
2. If user registration is canceled based on the preceding paragraph, all or part of the information/content related to the User may be deleted, and use of the Service may be refused temporarily or permanently. In such a case, the Company may perform this without prior notice and bears no obligation to explain to the User.
3. If the User falls under any of the grounds listed in the preceding items, all debts owed by the User to the Company and the vehicle owner shall immediately become due and payable, and the User must promptly pay the full amount of such debts to the Company. The Company may offset these against any claims for damages the Company may have against the User.
4. The Company shall not be liable for any loss or damage arising from the cancellation of user registration, etc., whether direct or indirect.
8. A User may cancel their registration by notifying the Company via a message to the Service support email address from the registered email address used for user registration, at least 10 business days in advance. However, this shall not apply if the User has outstanding debts to the Company or the operating company.
Article 4 (Prohibited Acts)
1. The Company prohibits Users who use the Service from engaging in acts falling under the following prohibited items.
1. Acts that violate these Terms.
2. Acts that cause nuisance to the Company, operating companies, or third parties.
3. Acts that violate legal provisions (including ordinances, regulations, etc.), acts that encourage violations of laws, or acts that may lead to such violations.
4. Acts contrary to public order and morals or common sense, acts that encourage such acts, or acts that may lead to such acts.
5. Acts that infringe or may infringe upon the property, privacy, portrait rights, or publicity rights of the Company, other Users, or third parties.
6. Acts of disclosing or demanding disclosure, or making public, information that should be kept confidential by the Company, other Users, or third parties.
7. Acts of altering or deleting information of the Company, other Users, or third parties.
8. Acts of redirecting the Company, other Users, or third parties to other websites.
9. Acts of sending malicious programs to the Company, other Users, or third parties, or attempting unauthorized access to other computer systems or networks.
10. Acts that interfere with the network or systems related to the Service.
11. Acts of disclosing or publicizing information obtained through the Service without the Company's permission.
12. Acts of using the Service by impersonating another User.
13. Acts that place a burden on the server or interfere with access or operation by other Users.
14. Acts that hinder the operation or use of the Service.
15. Secondary use or reproduction of the Service not permitted by the Company, such as using, diverting, reselling, copying, transmitting, translating, or adapting part or all of the Service.
16. Any other acts deemed inappropriate by the Company.
2. If the Company determines that a User has engaged in an act falling under the preceding paragraph, the Company may take the following measures against the User without prior notice.
1. Deletion of information posted by the User.
2. Suspension of the User's use of part or all of the Service.
3. Cancellation of user registration.
4. Claim for damages incurred by the Company.
5. Any other measures deemed necessary by the Company.
3. The Company shall not be liable for any loss or damage to the User resulting from the measures taken under the preceding paragraph, whether direct or indirect.
Article 5 (Intellectual Property Rights of the Company)
1. Copyrights and other intellectual property rights related to the Service belong to the Company or third parties and are protected by copyright laws in Japan and abroad, treaties concerning authors' rights and neighboring rights, and other laws related to intellectual property rights (hereinafter referred to as "Relevant Laws"). Copyrights and other intellectual property rights of the Service are not transferred or licensed to viewers or users of the Service.
2. Viewers or users of the Service must not engage in any acts that infringe the intellectual property rights of the Company or third parties stipulated in the preceding paragraph and are obligated to comply with the Relevant Laws applicable to the content of the Service and other related materials.
Article 6 (Interruption, Change, Termination of Service Content)
1. The Service may become unavailable due to malfunctions, defects, maintenance, or other issues with the Service. Furthermore, the Company may interrupt the Service at any time for any reason if deemed necessary.
2. The Company may stop, change (design, system, etc.), suspend, or terminate the service content at any time without prior notice to Users or third parties.
3. The Company shall not be liable for any loss or damage arising from the inability to use the Service, whether direct or indirect.
Article 7 (Disclaimer)
1. The Company cannot guarantee that the Service does not contain harmful elements. Also, if a problem occurs, it cannot guarantee repairs, removal of viruses, or other harmful elements. If harmful elements are included or a problem occurs, the Company shall not be liable for any direct or indirect damage caused by repairs, or viruses or other harmful elements.
2. The User shall prepare, purchase, transfer, contract, etc., for any desired equipment or communication services at their own expense and responsibility, and use the Service based on this. The Company does not intervene in the User's usage environment and shall not be liable for any loss or damage arising from the usage environment, etc., except in cases of the Company's intentional or gross negligence, whether direct or indirect.
3. The Service may link to third-party websites other than the Company. Such links are provided solely as part of the information provision, and the Company assumes no responsibility for the content of linked websites. When using linked websites, please comply with their usage rules.
4. The Service does not guarantee arrival time at the destination or connection with other transportation means not arranged through the Service. The Company shall not be liable for any damage resulting from arriving at the destination later than the User expected.
5. The Company and operating companies are not responsible for damage to hand luggage occurring during the trip. (However, this shall not apply in cases of intentional or gross negligence by the operating company or the Company, or when the Travel Agency Terms Special Compensation Provisions apply.) The User shall load, unload, and protect during transport of hand luggage requiring careful handling under their own responsibility.
Article 8 (Compensation for Damages)
1. If a User violates these Terms, that User shall compensate the Company for the damages incurred.
2. Even if the Company is liable for damages to a User due to the application of the Consumer Contract Act or other reasons (including but not limited to based on these Terms), the Company's liability shall be limited to direct and ordinary damages actually incurred by the User due to the Company's negligence (excluding gross negligence) causing breach of contract or tort, and the upper limit shall be the total amount of Service usage fees actually received by the Company from the User during the 3-month period retroactive from the time the cause of the damage arose. However, this shall not apply when the Travel Agency Terms Special Compensation Provisions apply.
Article 9 (Cancellation Policy)
1. If a User cancels the contract after the travel contract is formed due to personal circumstances, an obligation to pay the cancellation fee described under "Cancellation Related" in the FAQ arises.
2. Furthermore, cancellations due to self-restraint based on the novel coronavirus or the declaration of a state of emergency shall be considered as due to the User's personal circumstances.
Article 10 (Handling of User Information)
1. The Company's handling of the User's user information shall be in accordance with the separately stipulated Privacy Policy of the Company, and the User agrees to the Company handling the User's user information in accordance with this Privacy Policy.
2. The Company may use and disclose information, data, etc., provided by the User to the Company in the form of statistical information that cannot identify individuals, at the Company's discretion, and the User shall not object to this.
Article 11 (Prohibition of Assignment, etc.)
1. Without the prior written consent of the Company, the User may not assign, transfer, set security interests on, or otherwise dispose of their status under these Terms or rights or obligations based on these Terms to a third party.
2. If the Company transfers the business related to the Service to a third party or an affiliate of the Company (regardless of business transfer, corporate split, or any other form), it may, in connection with such transfer, transfer its status under these Terms, rights and obligations based on these Terms, and the User's registration information and other customer information to the transferee of such transfer, and the User hereby gives prior consent to such transfer. However, if the transfer stipulated in the preceding item occurs, the Company shall notify the User, and if the User continues to use the Service, it shall also be deemed to have consented to the transfer.
Article 12 (Term of Validity)
The contract with the User based on these Terms shall become effective on the date the User's registration is completed and remain valid until the earlier of the date the User's registration is canceled or the date the provision of the Service is terminated.
Article 13 (Governing Law, Jurisdiction)
The governing law of these Terms is Japanese law. If any doubt or dispute arises between the User and the Company regarding the interpretation of these Terms or related to the Service, they shall negotiate in good faith. If not resolved, depending on the claim amount, the Tokyo District Court or the Tokyo Summary Court shall be the court of exclusive agreed jurisdiction for the first instance.
Article 14 (Severability)
If any provision or part of these Terms is judged invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and the remaining parts of the provision judged invalid shall continue to be fully effective.
Article 15 (Amendment, Addition, Deletion of these Terms)
1. The Company may amend, add, or delete all or part of these Terms and the terms accompanying these Terms at any time by notifying the User in advance of the timing and content of the amendment. Furthermore, new terms, etc., may be added as necessary, and the User also has an obligation to comply with these.
2. For amendments, additions, or deletions to these Terms, the Company shall notify the User in advance by posting on the Company's website, etc., or by other methods deemed appropriate by the Company. After notification of such changes, if the User uses the Service or does not complete the registration cancellation procedure within the period specified by the Company, the User shall be deemed to have agreed to the amendment of these Terms.
3. The Company shall not be liable for any loss or damage to the User arising from amendments or additions to these Terms, except in cases of the Company's intentional or gross negligence, whether direct or indirect.