Contents
Article 1 (General Provisions)
This agreement (hereinafter referred to as “this Agreement”) refers to a person who borrows a stroller (hereinafter referred to as a “User”) for a stroller to be lent by Miyoko Kato as âTraveling Tokyo with Kidsâ (Hereinafter referred to as “the Company”). Matters that are not stipulated in the Terms and Conditions shall be based on laws or ordinary customs.
Article 2 (Reservation)
1. Reservation application
(1) The Users can make a reservation by confirming the service details on the web, and by contacting our company via email with information such as the child’s weight and number, desired start date and time of the rental, return date and time, and the preferred pickup or delivery location.”
(2) When the Company receive a reservation request from a user, we will confirm the availability of a stroller suitable for the child’s weight and, after that, we will provide advance notification via email, specifying the stroller model, rental start date and time, return date and time, pickup or delivery location, rental fees, the necessity of accessories such as a rain cover, and other conditions (hereinafter referred to as the ârental conditionsâ. )
(3)When the User agrees to the presented information and rental terms from our company, and the Company has sent a reservation confirmation email to the User, it shall be considered a confirmed reservation. And the Company will accommodate the reservation within the range of the stroller the Company hold.
2. Modify Reservation
When the User requests to modify the rental conditions, the User shall obtain consent from the Company.
3. Cancellation of Reservation, etc.
(1) The User and the Company shall apply for rental of the stroller by the rental start date and time of Article 2 Clause 1, and the Company will send a reservation confirmation mail to the User, whereby the stroller rental contract Shall be concluded.
(2) The User and the Company can cancel the reservation by the method specified by the Company.
(3) When the reservation is canceled due to User’s convenience, the User shall pay the Company the prescribed cancellation fee specified by the separately provided provision, and when the payment of this reservation cancellation fee is received, reservation deposit money shall be refunded to the User.
(4) When the reservation is canceled at the convenience of the Company, the Company refunds the rental fee already received to the User.
(5) The User and the Company shall not make any request for mutual cancellation of reservations being canceled and no rental contract being concluded unless otherwise provided for in this section and following article.
4. Alternate Stroller
(1) If the Company cannot lend a stroller corresponding to the condition of the vehicle type, accessory etc. (hereinafter referred to as “condition”) for which reservation is made by the User, the Company notify the User to that effect.
(2) In the case of the previous issue, if the Company can lend a stroller other than the conditions for which the Company made a reservation, the company lends the User a stroller (hereinafter referred to as “alternative stroller”) with a condition different from the reservation the User can apply for it.
(3) When the User accepts the application mentioned in the preceding item, the Company shall lends alternative strollers under the same rental conditions as those at the time of reservation, except for conditions not satisfied of the rental conditions at the time of reservation. In this case, the User shall pay the lower of the rental fee of the alternative stroller and the rental fee of the stroller at the time of booking.
(4) In the event that the User refuses the application under paragraph 4, item 2, the reservation shall be canceled, and the treatment of the rental fee shall apply paragraph 3, item 4 of the preceding article.
Article 3 (Lenders)
1. Conclusion of rental agreement
(1) The user and the company shall, based on Article 2, Clause 1, conclude a rental agreement when the company sends a reservation confirmation email to the user.
(2) In concluding the rental agreement, the User shall comply with the matters stipulated as obligations of the User under this usage agreement.
(3) Upon entering into a rental agreement, the Company requests the User to submit a copy of the User’s driver’s license or the identification with a face photo such as a passport describing the name, address, telephone number.
(4) Upon entering into a rental agreement, the Company requests the User to present an emergency contact number such as mobile phone number.
(5) Upon entering into a rental agreement, the Company may designate payment methods such as credit card, cash, etc. the Users.
(6) If the User do not comply with this section, the Company refuses to conclude a rental agreement and cancel the reservation. Regarding the handling of the rental fee in this case, Article 2, paragraph 3, item 5 shall apply.
(7)The handover and return of the rental items will take place at a location agreed upon in advance between the User and the Company. The handover and return location is primarily limited to within Tokyo, Japan.
2. Refusal of the Service Contracts
(1) The company refuses to conclude a rental agreement and cancels the reservation if the User falls under the following conditions.
The child placed on the stroller is not the proper height or weight of the stroller.
When the User deems that User have toxic symptoms due to narcotics, stimulants, thinners, etc.
When the User has a fact of violation of the rental agreement in the past lend by the Company and the Company group.
The User has an act in violation of these terms of service.
In addition, when the Company deems it inappropriate.
(2) In cases where the User falls under the antisocial forces of a gangster, gang group related company, extortionist, social racketeering organization, political racketeering organization and organized crime syndicate group, and these directors, executive officers and others in the event that a person controlling the management falls under the antisocial forces of the members of the above group etc., the Company shall be able to cancel the rental agreement without requiring any notices.
(3) If the User performs the following acts on the rental contract by him / herself or a third party, the Company can cancel the rental contract without requiring any notices.
Acts that use threatening behavior or violence against the others
Acts of interfering with the counterpart’s business by using spoofing or power or destroying credibility
(4) In the event that the Company has canceled this Agreement pursuant to the provisions of each section of this section, the Company does not require to compensate for any damages to the user, When the Company do, the User compensate the damage for the Company.
(5) Notwithstanding the preceding paragraph, the Company may refuse to conclude a rental agreement and reschedule the reservation in the following cases.
When there is no stroller that can lend.
(6) Paragraph (3) and (5) Article 2 shall apply to the handling of reservation deposit etc. when the Company refuses to conclude a rental agreement based on the preceding items.
3. Establishment of rental agreement
(1) The rental agreement shall be concluded when the User applies for rental on WEB, via mail, or phone call, the Company sends a reservation confirmation mail to the User, and hands the stroller (including accessories, the same below).
(2) The delivery set forth in the preceding paragraph shall be made at the rental start date and time and the rental vehicle lease place specified in Article 2, paragraph 1.
4. Rental fee
(1) The rental fee means the total amount below, and the Company will specifies each amount on the WEB.
- Basic charge
- Other charges
(2) When the Company revises the rental fee after completing the reservation under Article 2, Paragraph 3, the User shall pay the lower fee applied at the time of booking or the fee charged at the time of lending shall be paid.
5. Payment of rental fee
(1)The payment amount will consist of the rental price as quoted, plus consumption tax, delivery charges, and any additional fees.
(2)Payment for this service shall be made by the designated payment methods by the Company.
(3)At the time of receiving the rental items, the User shall pay the rental fee to our company agreed-upon in advance.”
(4)If the User is unable to make the payment at the time of receiving the rental items for any reason, they shall pay the rental fee for the amount used to our company upon return.
6. Change of rental conditions
When concluding a rental agreement, the User requests to change the rental conditions set forth in Article 3, Paragraph 1, the User shall obtain consent from the Company.
7. Inspection and maintenance
(1) The Company shall inspect strollers and lend strollers who have carried out necessary maintenance.
(2) When renting the stroller, the User confirms that the stroller has no defective maintenance and confirms that the stroller satisfies the rental conditions.
Article 4 (Use)
1. User’s management responsibility
The User uses and stores the stroller with the attention of a good administrator until the time the stroller is handed over to Returning to the Company (hereinafter referred to as “in use”).
2. Prohibited acts
The User shall not do the following acts in use.
- Use strollers for purposes other than the intended use.
- Change strollers original state such as remodeling or refurbishing the stroller.
- Take strollers outside of Japan.
- Other acts in violation of Article 2 rental conditions.
Article 5 (Return)
1. Responsibility for Returning strollers for the User.
(1) The User shall return the stroller to the Company at a predetermined return location by the time the rental period expires.
(2) If the User is unable to return the stroller within the rental period due to natural disaster or other force majeure, the User shall immediately contact the Company and follow instructions.
2. Confirmation of strollers etc.
(1) The User shall return the stroller in the state of delivery at the time of delivery, excluding deterioration and wear due to normal use, under the present witness of the Company. However, if the Company accepts, the User can return stroller without attending.
(2) Upon Returning the stroller, the User shall confirm that there are no User’s items in the stroller and return the stroller, the Company shall not be held responsible for the storage of the articles left after the return of the stroller.
3. Period of stroller return
(1) If the user wishes to extend the rental period, they must request it in advance to the Company and can only extend it upon approval from the Company.
(2) The User shall pay the rental fee corresponding to the rental period after the change, if the rental period is extended.
(3) When the User returns after exceeding the rental period without receiving the consent of the Company, the Company charges sets forth in the preceding paragraph, a penalty of double the excess charge corresponding to the excess time the User pay the fee.
4. Place of stroller return
(1) When the User changes the predetermined Returning location, the User shall charge the cost of the necessary transfer (hereinafter referred to as “forwarding fee”) due to the change of the Returning place.
(2) When the User returns the stroller to a place other than the predetermined return location without receiving our consent, the User pays a penalty fee of double the forwarding fee.
5. Measures to be taken when the stroller is not returned
(1) When the User falls under any of the following items, the Company shall carry out the necessary measures to confirm the location of the stroller, in addition to legal procedures such as criminal prosecution.
When the User do not respond to refund requests of the Company despite the expiration of the rental period.
When the location of the User is unknown and it is recognized as non-returnable.
(2) In the case of each item of the preceding paragraph, the User shall pay to the Company the expenses etc., required for searching for the User and collecting the stroller.
6. Agreement on registration and use of rental information
(1) Notwithstanding the provision concerning the handling of individual information under these Terms of Use, the User shall consnet for information based on objective lending facts including name, birth date, driver’s license number, passport number, etc. (hereinafter referred to as “rental information “) registers in the data managed by the Company.
Article 6 (Measures at the time of breakdown, Accident, Theft)
1. Breakdown of strollers
(1) When the User finds a stroller ‘s abnormality or breakdown in use, the User stops using immediately, contacts the Company, and follows instructions.
(2) Excluding normal wear and tear, the user shall be responsible for the cost equivalent to repair expenses for any breakdown or damage caused by user negligence in usage.
2. Accidents
(1) When the User has an accident in the stroller use, the User shall stop using immediately, take actions in accordance with laws regardless of the size of the accident, and take the following measures.
- Immediately call and report the accident situation etc. to police and the Company and follow of the Company.
- When repairing strollers based on the instructions of the preceding issue, the User repairs at the shop designated by the Company, unless the Company approve.
- To cooperate with the investigation of the Company and the insurance company contracted by the Company concerning the accident, to submit the documents etc. required by the Company and the insurance company without delay.
- When the User make an agreement with the adversary party of the accident, the User must obtain the Company consent in advance.
(2) The user shall handle and resolve the accident at the Userâs own responsibility in addition to the preceding paragraph. The Company do not assume any responsibilities of the problem.
(3) The Company gives advice on the handling of the accident for the User and cooperate in solving the accident. In addition, the Company cannot assume any responsibility regarding accidents, injuries and other troubles that occurred during rental unless it is caused by willful gross negligence.
3. Theft
When the stolen occurs during use or other damage is caused, the User shall take the following measures.
- When strollers are lost or stolen, the User must reimburse the market selling price of the goods.
- Report the nearest police immediately.
- Report the damage situation to the Company and follow instructions of the Company Immediately.
4. Termination of rental contract due to unavailability
(1) The rental contract shall be terminated when the stroller becomes unusable due to breakdown, accident, theft or other reason (hereinafter referred to as “breakdown etc.”) during the rental period.
(2) In the case of the preceding paragraph, the User shall bear the cost of taking the stroller, the Company shall not refund the rental fee already received, however this shall not apply to cases where a breakdown or the like is caused by the reason specified in Article 6, paragraph 3.
(3) In the event of a defect or the like caused by a defect before lending, the User shall be able to receive alternative stroller from the Company. In addition, Article 2, Paragraph 4 shall apply mutatis mutandis to the provision conditions of the alternative stroller.
(4) If the User does not receive the alternative stroller of the preceding paragraph, the Company refund all rental fee already received. The same shall apply when the Company unable to provide alternative stroller.
(5) In the event that a malfunction or the like is caused by a reason not attributable to the User’s responsibility, the Company shall pay the remaining rental fee minus the rental fee corresponding to the period from rental to the end of the rental agreement from the rental fee already received to the User.
(6) With the exception of the measures specified in this section, the User shall not be able to make any claims other than those stipulated in this section to the Company regarding damage caused by failure to use the stroller.
5. Disclaimer
Regarding accidents, injuries, and other incidents that occur during the user’s use of rental items, our company shall not be liable for any responsibility unless it is due to willful gross negligence.
Article 7 (Reparation)
1. Reparation for the User
(1) When the User has damages to a third party or our company in use, the User indemnifies the Company for damages him/herself. However, excluding cases due to reasons attributable to the Company.
(2) The User shall pay damages caused by the fact that the Company cannot use the stroller due to accident, breakdown due to reason attributable to the User’s responsibility, contamination of the stroller, among the damage of the Company in the preceding paragraph.
2. Termination of rental agreement
When the User violates these terms of use during the lending period, the Company can cancel the rental agreement without requesting any notice or demand and request the return of the stroller immediately. In this case, the Company does not refund the rental fee already received to the User.
3. Termination of consent
(1) The User shall be able to cancel the rental agreement with the consent of the Company even during the rental period. In this case, the Company refunds to the User the balance of the rental fee after deducting the rental fee corresponding to the period from rental to return. However, in the case of cancellation within 24 hours, the Company does not refund.
(2) When canceling the preceding paragraph, the User shall pay the following cancellation fee to the Company.
Termination fee = {(basic charge corresponding to scheduled rental period) – (basic charge corresponding to period from lend to return)} Ã 50%
4. Purpose of using individual information
(1)The User (including those who intend to apply for rental contracts) agrees that the Company uses the User’s individual information for the following purposes. In addition, the Company records the contents of the communications with the customer to maintain the accuracy of the consultation / message contents from the customer.
- To verify and review the User’s identity.
- To the extent necessary within the rental agreement, the individual information of the customer may be disclosed and provided to a third party entrusting the business etc. of the Company.
- Sending advertisement prints, e-mail, SNS etc. about strollers, other services various events · campaign etc. handled in the Company
- To conduct a questionnaire survey for the Users to product development etc. or examining measures to improve customer satisfaction etc.
- In order to compile and analyze individual information statistically and prepare statistical data processed into a form that cannot identify and identify individuals.
- In the case of acquiring individual information of Users other than the purpose not stipulated in the preceding paragraph, clearly indicate their purpose of use beforehand.
Article 8 Miscellaneous Provisions
1. Offset
When the User incur a monetary obligation based on the contracts and bylaws, the Company can offset the monetary obligation to be borne by the User at any time.
2. Consumption tax
The User shall pay the Company a consumption tax imposed on transactions based on the contracts and bylaws.
3. Delayed Damages
If the User fail to fulfill a monetary obligation under the terms and bylaws, the User and the Company shall pay a delayed amount of damage at a rate of 14.6% per annum to the opponent.
4. Governing Law etc.
(1) The applicable law shall be the Japanese law.
(2) In case of a discrepancy between the Japanese-language agreement and the English-language agreement, it is based on the Japanese-language clause.
5. Terms of use
(1) The Company shall be able to revise the Terms of Use without prior notice or specify bylaws of the Terms and Conditions separately.
(2) When the Company revises the terms of use or sets out detailed bylaws separately, we shall describe it on the brochure, price list and website of our company. The same shall apply when the Company changes this.
6. Court of competent jurisdiction
When a dispute arises concerning the rights and obligations under this agreement and bylaws, the court having jurisdiction over the office location of the Company shall be the exclusive jurisdictional court.
(This Terms of Service Agreement is as of November 1, 2023.)
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