Terms and Conditions of Carriage
Article 1. Definitions and scope
Paragraph 1. Application of the terms
Tourist Service Planning Co., Ltd. (the Company) operates an urban chauffeured car business (the Service Provider) and provides chauffeured car services (the Service) to customers (Passengers) in accordance with these Terms and Conditions of Carriage (these Terms).
Passengers using the Service must agree to these Terms. Use of the Service constitutes acceptance of these Terms.
Paragraph 2. Matters not covered by these Terms
Matters not covered by these Terms are governed by applicable laws and regulations or general custom.
Paragraph 3. Amendments
The Service Provider may amend these Terms without prior notice to or consent from Passengers.
Paragraph 4. Action in the event of a violation or similar conduct
The Service Provider may refuse use of the Service to Passengers whose conduct it considers inappropriate, including the conduct listed below.
- Conduct that causes inconvenience or disadvantage to a third party.
- Conduct that may interfere with the Service Provider's services.
- Soiling or damaging the vehicle. A cleaning fee of 50,000 yen applies if a Passenger vomits inside the vehicle.
- Use or possession of illegal drugs. If discovered, such use or possession will be reported to the police immediately.
- Any other conduct that violates these Terms.
Paragraph 5. Special agreements
If the Company agrees to special provisions for certain clauses within the scope permitted by the purpose of these Terms and applicable laws and regulations, those special provisions prevail over the corresponding clauses.
Article 2. Instructions from staff
Paragraph 1. Passengers must follow instructions issued in the course of duty by the Company's drivers or other staff to ensure safe carriage.
Article 3. Acceptance of carriage
Paragraph 1. The Company accepts carriage of Passengers unless it refuses acceptance or continuation under the next Article or Article 4, Paragraph 1.
Paragraph 2. Applications for carriage
To receive the Service, a Passenger may apply in advance using the separately prescribed method after agreeing to these Terms and the separately specified fares and charges. The Passenger must state the vehicle type, purpose, start date and time and period of use, pickup and drop-off locations, any optional services required and any other conditions of use.
Paragraph 3. Changes to carriage arrangements
A Passenger wishing to change the conditions of use in the preceding paragraph must obtain the Company's prior consent.
Paragraph 4. Cancellation of carriage
A Passenger may cancel a reservation (Cancellation) using the separately prescribed method. If the Passenger cannot be contacted on the scheduled day for reasons attributable to the Passenger, or if the usage contract is otherwise unlikely to be concluded for such reasons, the reservation is deemed cancelled.
If the reservation is cancelled for reasons attributable to the Passenger, the Passenger must pay the Company the cancellation fee specified separately.
- From 14 to 8 days before the booked service date: 20% of the fare.
- From 7 days to 24 hours before the booked service: 30% of the fare.
- On the day before the booked service: 50% of the fare.
- On or after the scheduled service date: 100% of the fare.
If a reservation is cancelled for reasons attributable to the Passenger, the Passenger also bears any bank transfer or currency exchange fees incurred in refunding the fare.
Article 4. Refusal to accept or continue carriage and suspension or interruption of carriage
Paragraph 1. The Company may refuse to accept or continue carriage in any of the following cases.
- The application for carriage does not comply with these Terms.
- Suitable equipment for the requested carriage is unavailable.
- The Passenger asks the Company to assume a special burden in connection with the carriage.
- The carriage would violate laws or regulations, public order or good morals.
- A natural disaster or another unavoidable circumstance prevents carriage.
- The Passenger fails to comply with measures taken by a crew member under the Regulations for Passenger Motor Transport Business.
- The Passenger carries an item prohibited under the Regulations for Passenger Motor Transport Business.
- The Passenger is too intoxicated to state their destination clearly or to walk without assistance.
- The Passenger wears unclean clothing that may soil the vehicle interior.
- The Passenger is seriously ill and unaccompanied by an attendant.
- The Passenger has a Category I or Category II infectious disease, a novel influenza or similar infectious disease, or a designated infectious disease requiring hospitalization, as defined by Japan's Act on the Prevention of Infectious Diseases and Medical Care for Patients with Infectious Diseases. This includes persons deemed to have any such disease and persons showing signs of a new infectious disease.
- The Passenger shows signs of intoxication from narcotics, stimulants, paint thinner or similar substances.
- A child under 6 years old is accompanying the Passenger and a child seat was not requested.
- There is a risk that the Passenger may cause inconvenience or disadvantage to a third party.
- There is a risk that the Passenger may engage in conduct that interferes with the Service Provider's services.
- A child under 6 years old is accompanying the Passenger and a child seat was requested, but no child seat is available.
- The Passenger is found to be a member of or associated with an organized crime group or an affiliated group, or to belong to another antisocial organization.
- Under the Company's own criteria, the Passenger is considered likely to have an adverse effect on the Company or other customers.
Paragraph 2. Suspension or interruption of carriage
The Service Provider may suspend or interrupt all or part of the Service without obtaining the Passenger's permission for any of the reasons listed below.
- The Service cannot be provided as usual because of an earthquake, flood, tsunami, fire, power outage, another natural disaster or any other cause not attributable to the Service Provider.
- The Service Provider otherwise considers suspension or interruption necessary for operation of the Service.
Paragraph 3. Termination of carriage if the vehicle becomes unusable
If the vehicle becomes unusable during the period of use because of an accident, natural disaster or other cause, the usage contract ends.
Paragraph 4. Rescission of the carriage contract
- If a Passenger violates these Terms during the period of use, the Company rescinds the carriage contract without any notice or demand. In that case, the Company does not refund usage charges already received.
- If the usage contract is rescinded under item 1 of this paragraph and the Company suffers loss, the Passenger must compensate the Company for that loss.
Paragraph 5. Cancellation by agreement
A Passenger may cancel the usage contract even during the period of use with the Company's consent.
Paragraph 6. Non-smoking vehicles
- All Company vehicles are non-smoking.
- If a Passenger smokes or attempts to smoke in a Company non-smoking vehicle, the driver may require the Passenger to stop. If the Passenger does not comply, the Company may refuse to accept or continue carriage. If smoking is discovered in a non-smoking vehicle, the Passenger must pay the Company a penalty of 50,000 yen.
Article 5. Fares and charges
Paragraph 1. The Company collects the fares and charges approved by the director of the relevant regional transport bureau and in effect at the time the Passenger boards.
Paragraph 2. Changes to fares and charges
If the Company revises its basic fares after accepting carriage under Article 3, Paragraph 2, the fare schedule applicable at the time of booking applies, regardless of the preceding paragraph.
Article 6. Collection of fares and charges
Paragraph 1. The Company requests payment of fares and charges once the carriage reservation has been accepted, unless the Passenger and Service Provider agree otherwise.
Article 7. Liability to Passengers
Paragraph 1. If operation of a Company vehicle causes death or bodily injury to a Passenger, the Company is liable to compensate for the resulting loss.
This does not apply if the Company proves that it and its staff exercised due care in operating the vehicle, that the Passenger or a third party other than Company staff acted intentionally or negligently, and that the vehicle had no structural defect or functional failure.
Paragraph 2. In the case described in the preceding paragraph, the Company's liability to the Passenger begins when the Passenger boards and ends when the Passenger alights.
Paragraph 3. In addition to the preceding paragraph, the Company is liable to compensate the Passenger for loss suffered in connection with the carriage.
This does not apply if the Company proves that it and its staff exercised due care in providing the carriage.
Paragraph 4. If the Company temporarily suspends operations or takes other measures to ensure safe carriage because of a natural disaster or another cause not attributable to the Company, it is not liable for resulting loss suffered by the Passenger.
Article 8. Passenger liability
Paragraph 1. If the Company suffers loss because of the Passenger's intentional act or negligence, or because the Passenger fails to comply with laws, regulations or these Terms, the Company will seek compensation from the Passenger.
Paragraph 2. If the Company cannot use the vehicle because of a breakdown, soiling or odor attributable to the Passenger, the Company calculates the resulting loss using the basic fare in the separately prescribed fare schedule and the period the vehicle is unavailable. The Passenger must pay that amount.
Paragraph 3. If the Passenger intentionally or negligently causes damage or substantial soiling of the vehicle, the Passenger bears the full cost of repair and maintenance.
Paragraph 4. Prohibited conduct
Passengers must comply with applicable laws and regulations. They must also refrain from the following conduct during and after the period of use of the Service.
- Infringing lawful rights of the Service Provider or a third party, including ownership, all intellectual property rights including copyright, image rights or publicity rights.
- Causing disadvantage or damage to other users, the Service Provider or a third party.
- Engaging in conduct contrary to public order or good morals.
- Violating laws or regulations.
- Engaging in profit-making activities related to the Service without the Service Provider's approval.
- Interfering with operation of the Service.
- Discrediting or damaging the reputation of the Service or the Company.
- Registering false information.
- Bringing alcohol or tobacco aboard when traveling with a minor.
- Bringing illegal drugs aboard.
- Smoking in the vehicle.
- Boarding while too intoxicated to state a destination clearly or walk without assistance.
- Opening or closing a door while the vehicle is moving.
- Putting one's face or hands outside through the sunroof, windows or similar openings.
- Any other conduct the Service Provider considers inappropriate.
Article 9. Replacement vehicles
Paragraph 1. If the Company cannot provide the Service with the booked vehicle because of an accident, theft or another cause not attributable to the Company, it may offer to provide the Service with another vehicle (a Replacement Vehicle).
Paragraph 2. If the Passenger accepts the offer under the preceding paragraph, the Company provides the Service with the Replacement Vehicle under the same conditions as at the time of booking.
Paragraph 3. The Passenger may decline the offer of a Replacement Vehicle under Paragraph 1 of this Article.
Article 10. Exclusions of liability
Paragraph 1. If the Company cannot provide the Service due to force majeure, including a natural disaster, it will immediately notify the Passenger and is not liable for any resulting loss suffered by the Passenger.
Paragraph 2. Because the vehicle's structure and applicable laws limit where it can operate, the crew determines the route and the locations for parking and stopping.
Road conditions near the requested pickup or drop-off point may require Passengers to board or alight elsewhere. In that case, the Service Provider is not liable for any resulting disadvantage to the user.
Paragraph 3. If the Company considers that its vehicle cannot operate safely, it suspends the Service and promptly refunds the amounts received. It is not liable for any loss suffered by the Passenger on that occasion.
Article 11. Use of personal information
Paragraph 1. The Passenger agrees that the Company and its group companies may use the Passenger's personal information for the purposes below.
- Verifying the Passenger's identity and conducting screening.
- Sending the Passenger information by direct mail or similar means.
Paragraph 2. The Company does not disclose personal information to third parties without the Passenger's consent, except in the following cases.
- Disclosure is based on laws or regulations.
- Disclosure is necessary to protect a person's life, body or property, and obtaining the person's consent is difficult.
- Disclosure is particularly necessary to improve public health or promote the healthy development of children, and obtaining the person's consent is difficult.
- Cooperation is needed for a national agency, local public entity or its delegate to carry out duties prescribed by law, and obtaining the person's consent could interfere with those duties.
