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Rules for the Use of Himechari
September 1, 2018
Chapter 1. General rules
Article 1. (Intentions)
  • 1. The followings terms define the important rules that apply to Himechari, implemented by the city of Himeji and operated by ecobike Inc. (the Company).
  • 2. The users of this bicycle sharing program must obey the traffic rules and ride in a safe manner.
Article 2. (Definitions)
The following terms in the rules for the use of bicycle sharing system (hereinafter referred to as the "Rules") shall have the following meanings:
Bicycle Sharing System: A system that allows users to share bicycles by providing stations where users can rent and return bicycles during the operating hours.
Rental bicycles: Bicycles to be shared in the bicycle sharing system provided by the city of Himeji.
Stations: Facility equipped with on-road terminals and bicycle-parking apparatus to house rental bicycles. Identifies the personal identification media and allows renting and returning of rental bicycles.
Personal identification media: The general term for the IC cards and password numbers designated by the Company, required for identifying users, unlocking bicycle-parking apparatus, etc. and the user's own IC cards which are registered in the system designated by the Company.
On-road terminals: Equipment for registering users, issuing personal identification media, etc.
Bicycle-parking apparatus: Equipment for storing rental bicycles.
Management Office: The base and contact point for carrying out the management and maintenance of rental bicycles and the stations, servicing users, etc.
Article 3. (Application of the Rules)
  • 1. The Company shall provide the service of sharing bicycles to individuals (hereinafter referred to as "user(s)") that wishes to use the bicycle sharing system in accordance with the Rules. Any matter not stipulated in the Rules shall be dealt with in accordance with laws and ordinances or common practices.
  • 2. The Company may prepare a "users' guide." If there are any inconsistency between the Rules and the "users' guide," the "users' guide" shall take precedence.
  • 3. The Rules shall be applied to all users.
Chapter 2. User's contract
Article 4. (Signing of user's contract, etc.)
  • 1. A user shall, after agreeing to the Rules, apply to the Company for a user's contract by the method designated by the Company.
  • 2. A user's contract shall be signed when the Company accepts an application stated in the preceding paragraph.
  • 3. The Company may refuse to sign any user's contract if any of the following items apply to the user in question:
    • (1) If the Company considers it physically difficult for the user in question to ride a public bicycle safely;
    • (2) If the user has previously failed to pay the rental fee;
    • (3) If the user is considered to be a gangster, a person affiliated with a gang, or a member of any other antisocial group;
    • (4) If the user does not agree to the Rules; or
    • (5) If the Company otherwise deems the user inappropriate.
  • 4. The parties entitled to use public bicycles shall be limited to the individuals having signed the user's contract.
Article 5. (Conditions for use, etc.)
  • 1. In signing the user's contract, the user shall select one of the contract types and payment methods designated by the Company.
  • 2. The user shall pay the rental fee stipulated in Chapter 6 according to the contract type and payment method he/she chose in accordance with the preceding paragraph.
  • 3. In signing the user's contract, the user shall obtain or register the personal identification media designated by the Company so that he/she may unlock rental bicycles.
Article 6. (Change in registered information, etc.)
  • 1. If any change occurs in the information of the individual provided to the Company, the contract type and payment method selected, or the information of the personal identification media registered, etc. in applying for a user's contract, the user shall immediately notify the Company of, and obtain from the Company approval for, such change.
  • all immediately notify the Company of, and obtain from the Company approval for, such change. 2. If the Company considers that the change notified in accordance with the preceding paragraph will hinder the management, it may refuse such change or cancel the user's contract.
Article 7. (Cancellation of the user's contract)
The Company may suspend the use of the bicycle sharing service or cancel the user's contract without any prior notice or notification if any of the following conditions apply to the user in question:
  • (1) If the user violates any of the stipulations of the Rules, any individual contract or any other contract with the Company;
  • (2) If the user causes a traffic accident while using a rental bicycle;
  • (3) If the user fails to pay the fee stipulated in Chapter 6 or any other fees in accordance with the Rules;
  • (4) If any of the items of Article 3, Paragraph 3 apply to the user; or
  • (5) If the Company otherwise deems it inappropriate to continue the user's contract, such as in the case where the Company is no longer able to contact the user and where any of the information provided when signing the user's contract is found to be incorrect.
Article 8. (Suspension of service)
  • 1. If the Company considers it difficult to continue to use bicycles or the bicycle sharing system, due to bad weather such as storms or snow, a disaster or for any other reason, the Company may unilaterally suspend such service.
  • 2. In the case of the preceding paragraph, the user's contract shall be terminated when the Company notifies the user of such suspension of service, and no rental fee already paid shall be refunded in principle.
Chapter 3. Personal identification media
Article 9. (Personal identification media)
  • 1. The user may use any of the personal identification media stated in the following.
    • (1) IC card designated by the Company;
    • (2) IC card owned by the user; or
    • (3) Password number issued by the Company.
  • 2. The user shall obtain, at his/her own cost, any of the personal identification media stated in the items of the previous paragraph and prepare the environment necessary to use rental bicycles.
  • 3. The personal identification media may only be used by the user him/herself and may not be offered for the use of any third party.
Article 10. (Loss, being stolen, etc.)
  • 1. If the user's personal identification media are lost, stolen, destroyed or broken, the user shall promptly notify the Management Office of such fact.
  • 2. In the case of the preceding paragraph, the user may apply for re-registration of his/her personal identification media by paying the required costs.
  • 3. If the user allows any third party to use his/her personal identification media in violation of Paragraph 3 of the preceding article or if any third party uses such personal identification media before the notification stated in Paragraph 1 of this article, the user shall bear all responsibilities incurred as a result of such use.
Chapter 4. Renting and returning
Article 11. (Renting of bicycles)
  • 1. The user shall unlock a public bicycle at any station that houses rental bicycles by personally presenting or inputting his/her personal identification media, whereupon an individual contract shall be made, and the Company shall rent a bicycle to the user.
  • 2. The Company may refuse to rent bicycles for any operational or other reason.
Article 12. (Returning of public bicycles)
  • 1. The returning of bicycles shall be completed by the user personally returning a rental bicycle to the bicycle-parking apparatus at the station and locking bicycle, whereupon the individual contract shall be terminated.
  • 2. In returning a rental bicycle, the user shall check carefully that he/she has not left any article on bicycle, and the Company shall bear no responsibility for the loss of any article left.
  • 3. If the user is unable to return a rental bicycle in accordance with Paragraph 1 because he/she is unable to find a station that can house rental bicycles or for any other reason, he/she shall return such rental bicycle to another station or take the returning procedure where the stations are full by operating the on-road terminal.
Article 13. (Cancellation of individual contracts)
In either of the cases stated in the following items, the Company may cancel the individual contract and demand that the user return the rental bicycle:
  • (1) If, during rental hours, it becomes impossible to continue renting any bicycle due to an inability to use rental bicycles, the malfunctioning of the bicycle rental system or for any other reason; or
  • (2) If, during rental hours the user violates the Rules, the individual contract or any other contract with the Company.
Chapter 5. Dealing with bicycle accidents, etc.
Article 14. (Dealing with accidents)
  • 1. If during the hours for which a bicycle is rented, an accident involving such bicycle occurs, the user shall, regardless of the scale of the accident, take the measures required by laws and ordinances and deal with such accident as follows:
    • (1) Immediately report the circumstances of such accident, etc. to the police in charge and the Management Office;
    • (2) Promptly present the required documents or evidence regarding such accident for the Company and the insurance company with which the Company has a contract; and
    • (3) If the user settles out of court, or signs an agreement concerning such accident with any third party, he/she shall obtain the prior consent from the Company.
  • 2. The user shall not only take the measures stated in the preceding paragraph but also strive to deal with and settle such accident at his/her own responsibility.
Article 15. (Dealing with troubles, theft, etc.)
  • 1. If the user encounters any abnormality or trouble with the rental bicycle or the station during the rental hours, he/she shall immediately stop using such bicycle and the Cycle Port, report such abnormality or trouble to the Management Office and follow the instructions of the Management Office.
  • 2. If the rental bicycle is stolen, etc. during the rental hours, the user shall immediately report the circumstances of such theft, etc. to the police in charge and the Management Office and follow the instructions of the Management Office. In addition, under such circumstances, the user shall pay an amount of money designated by the Company as a charge for the theft of rental bicycles.
Article 16. (Compensation)
  • 1. The user may obtain compensation for any damage sustained by an accident that occurs while renting a bicycle under the individual contract signed within the applicable scope of the Class 2 TS mark insurance taken out for rental bicycles and the accident insurance taken out by the Company.
  • 2. In using the Class 2 TS mark insurance stated in the previous paragraph, the user shall, after taking the measures stated in Article 14, follow the instructions of the Management Office. If necessary, the user shall promptly take the designated necessary procedures (including reporting to the insurance company and presenting the necessary materials) personally.
  • 3. The user unequivocally agrees that he/she may not obtain any insurance compensation for damage caused by an accident that is not reported to the police and the Management Office or occurs as a result of the user violating the Rules.
  • 4. The user shall bear the total amount of the damage for which no insurance money is paid and the damage exceeding the compensation ceiling.
Chapter 6. Rental fees
Article 17. (Rental fees and contract types)
  • 1. The user shall pay the basic fee, additional fee and other fees (hereinafter referred to as "fees") as the charge for the use of the bicycle sharing system.
  • 2. The Company shall publish details of each type of rental fees and contract types on the on-road terminals of the stations and on the website designated by the Company. If the Company changes the rental fees and contract types, it shall publish such change on the Company's website, etc. at least one month prior to the date of such change.
Article 18. (Basic fees)
  • 1. The basic fees mean the amount paid according to the contract type selected in accordance with Article 5, Paragraph 1 or changed in accordance with Article 6, Paragraph 1 and according to the period when the user receives service in accordance with the type of contract, such as years, months or days.
  • 2. The Company shall not refund, etc. any basic fees upon the change or cancellation during the period in accordance with the contract type.
Article 19. (Additional fees)
  • 1. Additional fees mean the amount of money designated by the Company according to the hours of use of the bicycle that the user rents with his/her personal identification media.
  • 2. The hours of use stated in the preceding paragraph shall be the hours from the rental stated in Article 11 to the final return of a bicycle, including the return stated in Article 12.
Article 20 (Other fees)
Other fees shall mean any amounts other than the basic and additional fees paid for the pay service published by the Company and desired by the user.
Article 21. (Payment and refund of fees)
  • 1. The user shall pay the fees stated in Article 17 to the Company by credit card, cash, bank transfer, etc.
  • 2. The user unequivocally agrees that if the contract is terminated for cancellation prior to termination, cancellation or for any other reason, the money received by the Company in accordance with the preceding paragraph shall not be refunded. However, this shall not apply to cases where the contract is terminated for any reason for which the Company is responsible.
Chapter 7. Responsibilities
Article 22. (Regular inspections and repairs)
  • The Company shall regularly inspect and repair the rental bicycles and the stations.
Article 23. (Inspection before use)
  • 1. The user shall, whenever renting a bicycle in accordance with the individual contract, check that the bicycle is in a safe and roadworthy condition, e.g. the brake function, whether the handlebars are bent and the tire pressure.
  • 2. If the user finds any damage to the rental bicycle, any missing parts and/or poor maintenance, he/she shall immediately report such fact to the Management Office and shall not use the bicycle in question.
  • 3. If the user uses a rental bicycle without making any report as stated in the preceding paragraph, such rental bicycle shall be regarded as undamaged, with no missing parts or substandard maintenance at the time of rental.
Article 24. (Responsibility for management)
  • 1. The user shall use and keep the rental bicycle with the care of a good manager.
  • 2. The responsibility for management as stated in the preceding paragraph shall start when the rental procedures of a bicycle, in accordance with the individual contract, are completed and end when the returning procedures for such bicycle are completed.
Article 25. (Prohibited acts)
The user shall not perform, during the hours for which a bicycle is rented, any of the following acts:
  • (1) Allowing any person other than the user to use the rental bicycle;
  • (2) Performing any dangerous act, such as reckless riding and riding while drunk;
  • (3) Disregarding traffic rules when using a rental bicycle;
  • (4) Using rental bicycles in a dangerous or inappropriate place;
  • (5) Riding rental bicycles in such a way as to obstruct the traffic of pedestrians, etc.;
  • (6) Modifying or changing the structure, parts, etc. of the bicycle;
  • (7) Parking the bicycle in an area where bicycle parking is prohibited by regulations, on private land where no bicycle parking is permitted and in any place obstructing traffic;
  • (8) Continuing to ride the bicycle, even when it has broken while riding;
  • (9) Using a rental bicycle in various tests or games or for pulling or pushing articles; and
  • (10) Performing any other act against laws and ordinances or against public order and morals.
Article 26. (Measures for abandoned bicycles)
  • 1. The user shall, when he/she parks a rental bicycle in any of the places prohibited in accordance with Item 7 of the preceding article (hereinafter referred to as "abandons"), be responsible for compensating for all of the damage caused to the Company, including the costs of removal, storage, etc. of such abandoned bicycle and the fees up to the time of return.
  • 2. If, in the case stated in the preceding paragraph, the municipality or police, etc. reports a rental bicycle abandoned to the Company, the Company shall notify the user of such fact, cause the user to promptly move such rental bicycle to the place designated by the Company and demand that the user obeys a legal order as a violator, and the user shall act in compliance with these measures.
  • 3. If the Company incurs the costs stated in Paragraph 1 for the user, the user shall promptly repay such costs to the Company.
Article 27. (Obligation to return rental bicycles)
The user shall return the rental bicycle in the same condition at the time of rental, excluding ordinary wear and tear, and if any of the rental bicycle, including fixtures thereof, is damaged, lost, stolen, etc., in whole or in part, and for a reason for which the user is responsible, the user shall bear all the costs necessary for restoration to the original condition, such as the cost of repairing, resupplying, etc. such rental bicycle.
Article 28. (Measures taken when rental bicycles are not returned)
  • 1. If the user fails to return a rental bicycle, even after the end of the rental hours designated by the Company and refuses to meet the Company's demand for its return, or if the Company deems the rental bicycle as having been stolen because the user's whereabouts are unknown or for any other reason, the Company may adopt a legal procedure, including the imposition of a penalty of ¥50,000 and criminal prosecution.
  • 2. In the case stated in the preceding paragraph, the user shall be responsible for compensating the Company for all the damage sustained in addition to the fees until the bicycle is returned and the costs for collecting the rental bicycle and searching for the user.
  • 3. If the user fails to return a rental bicycle, even after the end of the rental hours, due to a disaster, terrestrial upheaval or any other force majeure, the Company shall not hold the user responsible for any damage caused by such failure. In this case, the user shall immediately notify the Management Office of such fact and follow the instructions of the Management Office.
Article 29 (Responsibility for compensation for damage)
If the user causes, besides the cases stated in the other provisions of the Rules, damage to any third party, and the Company while using a rental bicycle, the user shall be responsible for compensating such third party, and the Company for such damage. However, this shall not apply to the cases where such damage is caused for a reason for which the user is not responsible.
Chapter 8. Exemption from responsibility
Article 30. (Exemption from responsibility)
The user may not demand from the Company compensation for any damage exceeding the amount received by the Company from such user as the price for the use of the rental bicycle, even if the user suffers damage as a result of using, or inability to use, a rental bicycle or a station, regardless of reason, except in cases where there is intent or gross negligence on the part of the Company.
Chapter 9. Personal information
Article 31. (Purposes of using personal information)
  • 1, The Company shall use the personal information of the user obtained as a result of applications and the signing of users' contracts and individual contracts, changes in the registered information and the conduct of any other business affairs, within the scope of the following stated purposes:
    • (1) To make appropriate judgments and take appropriate measures for applications from the user for the Company's service, the Company's approval for the use of such service, etc.;
    • (2) To make appropriate judgments and take appropriate measures when communicating to, and identifying, users, as required for the management of the bicycle sharing system in the Company's business;
    • (3) To appropriately manage the contracts with the user in the Company; and appropriately manage the contracts, which is necessary even after the termination of the contracts, in order to handle inquiries, in accordance with laws and ordinances, or for any other purpose;
    • (4) To notify the user of services and commodities, events, campaigns, etc. provided or conducted by the Company;
    • (5) To notify the user of commodities and services, events, campaigns, etc. provided or conducted by the business under the contract between such business and the Company;
    • (6) To conduct analyses for planning and developing services and commodities, improving customer satisfaction, etc.; and
    • (7) To carry out various management and analysis tasks in the Company, such as the preparation of statistical materials necessary for the operation or management of the bicycle sharing system.
  • 2. If the Company entrusts the management of the bicycle sharing system with any third party, it shall, after taking measures to protect the personal information, place the personal information obtained in accordance with Paragraph 1 in the custody of such third party.
  • 3. The user may demand from the Company the disclosure of his/her personal information, and if any personal information held by the Company is found to be incorrect or false, the Company shall promptly correct or delete such personal information.
  • 4. The Company shall use the personal information of the user jointly within the following stated scope:
    [Items of personal information jointly used]
    Information such as the name, address, telephone number, mail address, etc. of the user.
    Information concerning the situation of use of the stations and rental bicycles, etc.
    [Scope of the party for joint use]
    ecobike Inc.
    [Purpose of the joint user]
    Matters stated in Article 31, Paragraph 1.
    [Party responsible for the management of the personal information]
    ecobike Inc.
Chapter 10. Miscellaneous rules
Article 32. (Revisions to the Rules)
When the Company revises the Rules, it will notify such change by posting a notice on the on-road terminals at the stations and on the website designated by the Company. In addition, the Company shall be able to revise the Rules without any prior notice to the user.
Article 33. (Notices, etc.)
The Company's notices, communications, etc. to the user shall be made to the telephone number, etc. of the user registered in the user's contract, and such notices, communications, etc. shall become valid at the time when such notices, communications, etc. are given. Any disadvantage resulting from the non-receipt of any notice, communication, etc. shall be borne by the user.
Article 34 (Penalty for delayed payment)
If the user fails to meet any of his/her monetary liabilities under the Rules, the user's contract or an individual contract, he/she shall pay the Company a penalty for delayed payment at an annual ratio of 14.6% (calculated on a daily basis for a year of 365 days).
Article 35. (Court of jurisdiction)
If any dispute arises regarding the rights and obligations under the Rules, the user's contract or an individual contract, the Tokyo District Court shall be the exclusive agreed court of jurisdiction for such dispute.
[Annex]
(1) Operating hours
Renting hours at the stations:
07:00 - 20:00 (Closed during the New Year's holiday season. Also may be closed due to weather or for management reasons.)
Business hours of the Management Office:
09:00 - 18:00 (Closed during the New Year's holiday season. Also may be closed due to weather or for management reasons.)
(2) Contact point
Call center of the Management Office:
050-3786-5055 (09:00 – 18:00 Closed during the New Year's holiday season. Also may be closed for management reasons.)
(3) Website
http://interstreet.jp/himeji/
(4) Rental fees and contract types
1. Individual users

Individual users can sign a user's contract at the stations.

<One-day use>
Period of use: One day
Period of validity: Only the day when the contract is signed (until 20:00)
Personal identification media: Dedicated IC card or the user's own IC card, and password number
Basic fee (including tax): ¥100
Additional fee (including tax): Free for the first 60 minutes; ¥100 for every 30 minutes thereafter
<One-month use>
Period of use: One month
Period of validity: One month, including the day when the contract is signed
Personal identification media: Dedicated IC card, or the user's own IC card or cellular phone equipped with IC chips
Basic fee (including tax): ¥1,500
Additional fee (including tax): Free for the first 60 minutes; ¥100 for every 30 minutes thereafter
<Three-months use>
Period of use: Three months
Period of validity: Three months, including the day when the contract is signed
Personal identification media: Dedicated IC card, or the user's own IC card or cellular phone equipped with IC chips
Basic fee (including tax): ¥4,000
Additional fee (including tax): Free for the first 60 minutes; ¥100 for every 30 minutes thereafter
<Six-months use>
Period of use: Six months
Period of validity: Six months, including the day when the contract is signed
Personal identification media: Dedicated IC card, or the user's own IC card or cellular phone equipped with IC chips
Basic fee (including tax): ¥7,500
Additional fee (including tax): Free for the first 60 minutes; ¥100 for every 30 minutes thereafter