Article 1 Scope of Application
These Terms and Conditions (hereinafter referred to as “Terms”) are provided by Sky Saloon Service Co., Ltd. (hereinafter referred to as “the Company”), a 100% subsidiary of Heisei Hire Co., Ltd., and they apply between a customer (hereinafter referred to as “the Customer”) who uses “Fixed Price Limousine Service for Tokyo American Club members” (hereinafter referred to as “the Service”) and the Company.
Matters not stipulated in these Terms are subject to the laws and regulations of Japan and/or generally established customs.
If the Company concludes a special contract in writing to the extent that it does not violate the law and does not disadvantage the Customer, that special contract will take precedence regardless of the provisions of the preceding paragraph.
Article 2 Definitions
（1） In the Terms, the “arranged travel contract” is a contract the Company provides the Customer to give them privileges to use any available black cars and vans, at any time the Customer likes, on a 24/7 basis, for 70 hours per month.
（2） In the Terms, “online contract” means receiving an application of arranged travel contract by telephone, mail, facsimile, internet or other electric communication means from an effective credit card holder.
（3） In the Terms, “membership fee” means a monthly prepaid fee for using the Service.
Article 3 Agencies
In fulfilling the arranged travel contract, the Company may have other travel agencies in Japan, such as those who make arrangements as a business, or other assistants act on behalf of all or part of the arrangements.
Article 4 Description of the Service
The Customer can receive the following services by subscribing to the Service.
The Customer can book any black car/black van that can be arranged by the Service 24/7. However, reservations have to be made at least 2 hours earlier than the time of pick-up.
i. Reservations departing from the 8 central wards of Tokyo (Chiyoda, Minato, Chuo, Shinjuku, Shibuya, Shinagawa, Bunkyo, and Taito) are accepted up to 1 hour before pick-up time.
ii. If a reservation is made less than 2 hours before pick-up, it may not be possible to dispatch the vehicle within the desired time due to weather, traffic conditions, and other circumstances.
The Service is limited to boarding in Tokyo, Chiba, Saitama, or Kanagawa prefectures, either as the departure point or the arrival point. If the Customer is boarding at a departure point or destination other than in Tokyo, Chiba, Saitama, or Kanagawa prefectures, the Company may charge a forwarding fee. The Customer needs to confirm this with the reception operator at the time of booking, or be sure to clearly indicate this on the reservation site.
Available black car types are as follows:
i. Business Class Sedan: Toyota Crown or the equivalent, up to 2 passengers
ii. Business Class Van: Toyota Alphard or the equivalent, up to 4 passengers
iii. First-Class Sedan: Mercedes Benz S Class or the equivalent, up to 2 passengers
Please note a surcharge (+1 hour count) will be added to the use of first-class vehicles. Also, the Company may not be able to respond to requests for a specific vehicle number or a specific driver.
The monthly charge for the Service is as described in the Appendix, “Price List for Fixed Price Limousine Service for Tokyo American Club members,” excluding the campaign period specified by the Company. Also, please note that the available hours granted at the beginning of each month will not be carried over across months.
The Service can be used by the registered Customer or any passengers specified by the registered Customer. If the Customer is a corporate customer, any customer specified by the registered representative can use the Service. We may refuse to board passengers without confirmation of the registered Customer or their representatives. Please be sure to tell the reception operator the name of the passenger who will actually board the car at the time of booking, or be sure to specify it on the reservation site.
The registered Customer shall make the actual passenger agree to the contents of the Terms in advance, and if the passenger violates the Terms, the registered Customer will take responsibility for all damages which the passenger may cause.
If the Customer plans to use multiple vehicles at one time, please tell the reception operator the names of all the passengers in each vehicle, or be sure to specify them on the reservation site. If the Customer uses multiple vehicles, the total number of hours used by all vehicles will be charged.
The calculation of the charging time will start at the reserved time and will be charged until the actual time when passengers are dropped off. Please note that the calculation of the usage time will start at the reserved time even if the actual boarding time is delayed. If the usage time is less than 30 minutes, it will be calculated as 30 minutes, and if the usage time is 31 minutes or more, it will be calculated as 1 hour.
The Customer can use the Service until the end of the month even if the time points given at the beginning of each month are exhausted by the end of the month. Excess charges of 7,000 yen per hour for business class vehicles and 12,000 yen per hour for first-class vehicles (plus tax, and ETC, but unlimited distance) will be added to the next month’s bill.
Article 5 Engagement
（1） The Customer provides the Company with valid credit card information in the name of the Customer, or if the Customer is a corporation, the corporate name, address, name, job title, and telephone number of the person in charge of billing. By providing the information of the guarantor, it is understood that the Customer has applied for use of the Service.
（2） Unless the Customer applies for cancellation within 24 hours from the date they applied for use of the Service, the Customer is automatically considered to have officially applied for the Service and is required to comply with the provisions of the Terms thereafter.
Article 6 Terms and Cancellations
The Customer shall understand that the Company is making certain efforts to secure vehicles for use of the Service, and agrees not to cancel the Service membership for 3 months from the date when their membership has begun. This period is set as the minimum contract guarantee period, and after this period, the Customer can cancel the use of the Service at any time. However, even if the Customer cancels in the middle of the month, the Company will not respond to any request for refund of the membership fee once paid for any reason.
Article 7 Rejection
The Company will refuse any rides in the following cases:
When the Customer cannot settle a part or all of the debt related to the membership fee, etc., in accordance with the cardholder agreement of the partner company, such as when the credit card owned by the Customer is invalid.
When the Customer is recognized as a member of a criminal organization, an associate member of a criminal organization, a company related to a criminal organization, or if they are a stock racketeer or are connected to any other antisocial force.
When the Customer makes a violent and/or an unreasonable demand, or makes threatening behavior in relation to the transaction, or an act equivalent thereto.
When the Customer disseminates a rumor, uses a counterfeit measure, or uses force to damage the credibility of the Company, interfere with the business of the Company, or perform an act equivalent thereto.
Article 8 Reservation and Cancellation of Rides, Pick-ups
（1） The Customer can make a reservation for a ride by calling the Service dedicated phone number, filling out the form on the dedicated site, or applying using the dedicated email. When making a reservation by e-mail, the Customer shall mention the starting time of the Service, pick-up location, membership number given at the time of enrollment, number of passengers, the amount of luggage (if any), the destination name, the desired time of use, and whether they need wheelchair support. If the Customer is not the passenger, the Customer shall provide the name and telephone number of the passenger who will ride in the vehicle.
（2） The Customer shall notify that they will cancel a ride at least one hour prior to the scheduled ride. If they do not, the Company will charge the total travel time of the reserved ride. If the Customer cancels at least one hour prior to the reserved time, there will be no cancellation fees. However, if the Customer is calling a car from a remote location, outside Tokyo, Chiba, Saitama, or Kanagawa prefectures, they must cancel at least 6 hours prior to the ride. Otherwise, they will be fully charged. The Company may also request a special cancellation condition at the time of reservation if the pick-up location is more than 250km away from Tokyo.
（3） Even if the Customer is not at the pick-up location, the chauffeur will call the Customer and wait for 30 minutes, regardless of whether or not there is a response. However, if the Customer does not arrive at the pick-up location or answer the phone, the chauffeur will return to the Company, and the Customer will be charged for the total travel time of the reserved ride. If a period of 30 minutes passes without the Customer being able to contact the crew in charge, a ride after this time may be treated as a new reservation.
（4） If the designated pick-up location cannot be reached due to construction, traffic jams, traffic accidents, etc., the chauffeur in charge may wait at another location nearby. The chauffeur in charge will always contact the Customer to that effect, so the Customer must keep in touch with the chauffeur and cooperate so that they can board smoothly.
（5） When being picking up at the airport, the Customer must inform the Company of their flight number when making a reservation. Pick-up methods are different at each airport and each terminal. After confirming the flight number, the Company’s staff will inform the Customer of the pick-up location and pick-up method. If the Customer does not hear from the Company a day before the scheduled arrival date, the Customer should contact the Company. When using an international flight, the Customer should consider the additional time required for the Covid-19 antigen test at the airport. The Company will wait up to 1 hour, free of charge, for pick-up at the airport.
（6） For pick-up at a train station, the Customer must be sure to specify the station name they are using when making a reservation. After confirmation, the Company’s staff will inform the Customer of the pick-up location and pick-up method. If the Customer wishes to be picked up at the platform, they must specify the name of the train, car number, and seat number of the train they will be riding. There will be an additional charge for pick-up at the platform.
（7） If the chauffeur in charge does not reach the pick-up location by the reserved time due to his or her fault, the time will be deducted from the actual boarding time. However, even in such a case, the Company will not be able to refund all or part of the membership fee.
Article 9 Billing
（1） Billing related to the Service will be made according to the following schedule:
The membership fee will be billed within five business days from the beginning of each month to the Customer’s registered credit card.
Sales tax will be added to the membership fee.
Toll expenses, excess charges, and other expenses such as parking will be added to the bill for the following month’s membership fee.
There is only an hourly system from the start of boarding to 100km, but if it exceeds 101km, distance fee will be added to the fare. It costs 400 yen per 1km excluding tax for each over 100km. The additional distance will be added to the bill for the following month. In addition, distance addition does not apply to the forwarding fee.
（2） Corporate customers will be sent an invoice to the person in charge within 5 business days after the beginning of each month. The Customer must make their payment by the due date, according to the payment conditions stated on the invoice. If the payment is not made by the due date and the Customer does not respond to the reminder, the membership of the corporation will be immediately suspended and the guarantor will pay all unpaid membership fees and other expenses.
（3） Even in the case of negligence on the Customer’s part, if the inside or outside of the car is damaged or soiled following a ride, the Company may charge a repair fee and/or a cleaning fee. The expenses for repair and/or cleaning will be added to the Customer’s bill for the next month’s membership fee.
（4） If the Customer causes damage to a third party when using this service, the Customer shall resolve the dispute with the third party at their own risk and expense, and will not cause any inconvenience or damage to the Company. If the Customer violates the Terms and causes damage to the Company, the Company shall be able to claim compensation for all damages suffered by the Customer.
Article 10 Precautions When Boarding
（1） Passengers must fasten seat belts to prevent accidents when riding in the vehicle, and always follow the instructions of the chauffeur in charge to avoid danger.
（2） Smoking is prohibited in the vehicles by law.
（3） If the Customer is traveling with a pet, they must be sure to put it in a cage. If the Customer does not have a cage, the chauffeur in charge may refuse to allow the Customer to board.
（4） No eating or drinking is allowed in the vehicles.
Article 11 Revisions
The Company may revise or change the Terms without notifying the Customer in advance and without obtaining the prior consent of the Customer. In this case, the Customer can continue to use the Service by agreeing to the revised/changed Terms. If the Customer uses the Service after the Terms have been revised or changed, the Customer is deemed to have agreed to the revised or changed Terms.
Article 12 Service Interruption
The Company may suspend the operation of the Service in whole or in part without obtaining permission from the Customer in the following cases. The Company shall not be responsible for any liability, even if the customer suffers a disadvantage due to the suspension of operation of the Service for the following reasons.
When internet, telephone service, etc., stops due to an accident.
When the Service cannot be provided due to force majeure such as fire, power outage, or natural disaster.
When performing regular or urgent inspection or maintenance work of the computer system related to the Service.
In any other situations when the Company determines that suspension is necessary.
Article 13 Prohibited Acts
The Customer shall refrain from the following acts when using the Service.
- Acts that infringe the intellectual property rights, portrait rights, privacy rights, honors, other rights or interests of our designated limousine company, other users or other third parties
- Criminal acts
- Acts that are offensive to public order and morals
- Acts that violate the internal rules of industry groups
- Transmitting computer viruses or other harmful computer programs
- Falsifying information about the Service
- Acts that may interfere with the operation of all services provided by the Company
- Any other acts that the Company deems inappropriate
Article 14 Online Contract
When using the Service by online contract, the credit card payment registered in advance (hereinafter referred to as “the Payment”) shall be conducted using the registration method specified by the Company.
The price to be settled by the Payment is only the cost specified in Article 9 of the Terms. The Customer may pay a gratuity to the chauffeur in charge directly in cash if they like.
If the Customer wishes to make an online payment, they shall register in advance using the system designated by the Company.
If the Customer is unable to settle the expenses stipulated in Article 9 online, the Customer shall resolve their inability to settle, and re-pay, or the Customer shall pay all of the amount due in cash to the Company.
Article 15 Privacy
（2） In the following cases, the personal information of the Customer can be provided to a third party.
- In case of the Customer’s consent
- When disclosure is requested by a court, a public prosecutor’s office, the police, a tax office, a bar association or an organization with similar authority
- In the case of disclosure to a settlement agency, collection agency, etc., or a business operator performing the settlement in order to settle the charges and other money that the Customer owes the Company.
- When entrusting all or part of the business performed by the Company to a third party
- When disclosing to the person who takes over the business due to merger, business transfer or other reasons
- When permitted by laws and regulations
Article 16 Indemnity
（1） If the Customer causes damage to the Company or a third party in connection with the use of the Service, the damage shall be compensated.
（2） If there is an inquiry or complaint from a third party to the Company in connection with the use of the Service, the Company will notify the Customer, and the Customer who receives the notification shall respond immediately.
（3） Notwithstanding the provisions of the preceding paragraph, if a third party makes a claim for damages or other claims to the Company and the Company resolves it, the Customer shall bear all costs and damages incurred.
Article 17 Ownership
All ownership and intellectual property rights related to the Service belong to the Company or the person who has licensed the Company. The license of the application, etc., and the provision of the Service specified in the Terms are the intellectual property rights of the Company or the person who has licensed the Company regarding the Service, except for those specified in the Terms. Use of the Service by the Customer does not indicate transfer or license of intellectual property rights. The Customer shall not take any action that may infringe the intellectual property rights of the Company or the person who licenses the Company for any reason.
In the Service, text, images, videos and other data posted or transmitted by the Customer can be freely used (reproduced, copied, modified, sublicensed to a third party, or any other use) by the Company. [This needs to be made clearer. It seems to be indicating that the Company can use data that the Customer posts or transmits while using the Service. That doesn’t sound right, and I don’t think a user would agree to this as it’s currently worded.
Article 18 Governing Laws
The governing law of the Terms and Service shall be Japanese law.
Article 19 Competent Court
All legal disputes regarding the Terms and the Service shall be based on a civil ruling at the Japan Legal Support Center.
As of December 31, 2020