Automobile Transportation Section

Chapter 1 General Rules

Scope of Application

Article 1

1 This Conditions of Carriage applies to the transportation of automobiles, their drivers and loaded cargo related to automobile transportation carried out on the routes managed by our Company.

2 Matters not stipulated in this Conditions of Carriage are subject to the provisions of laws and regulations or general customs.

3 If our Company accept an application for a special contract within the scope not contrary to the purpose of this Conditions of Carriage and the provisions of laws and regulations, it will be subject to the special contract.

Definition

Article 2

1 In this Conditions of Carriage, “automobile” means an automobile specified in Article 2, Paragraph 2 of the Road Transport Automobile Act (Act No. 185 of 1951), and which is other than two-wheeled ones.

2 In this Conditions of Carriage, the term “applicant for carriage” means a person who concludes a contract of carriage with our Company for the automobile, its driver, and the loaded cargo related to automobile transportation.

3 The term “business office” as used in this Conditions of Carriage means our office, the office of a person designated by us, and our web page on the Internet.

4 In this Conditions of Carriage, the term “automobile transportation ticket” means an electronic certificate recorded in our electronic database (hereinafter referred to as “electronic automobile transportation ticket”) or a paper certificate (hereinafter referred to as “paper automobile transportation ticket”) issued by our office.

5 In this Contract of Carriage, the “authentication code” means a confirmation number that can prove that you have an electronic automobile transportation ticket, and other things that our company separately determines.

Application of the Passenger Transport Department for Automobile Drivers

Article 3

Regarding the transportation of automobile drivers related to automobile transportation, in addition to the provisions of this department, the provisions of the passenger transportation department apply.

Chapter 2 Underwriting of Transportation

Underwriting of Transportation

Article 4

1 We will comply with applications for transportation contracts for automobiles, their drivers, and loaded cargo related to automobile transportation, in the order of application for transportation, within the range of the transportation capacity of the vessels used.

2 Notwithstanding the provisions of the preceding paragraph, our Company may refuse applications for a transportation contract or cancel the already concluded ones if any of the following items apply.

(1) When our Company take measures pursuant to the provisions of Article 7

(2) If the automobile falls under any of the following

A Those that operate in violation of the provisions of laws and regulations

B Those for which the loading method of the loaded cargo is deemed inappropriate for transportation

C Those that are recognized as having an inappropriate structure for handling, such as low ground clearance

D Those that are recognized as having an inappropriate structure for transportation and lashing

E Those that are significantly more expensive than the fares of automobiles, their drivers, and loaded cargo (hereinafter referred to as “fares”) related to automobile transportation.

F Other items that may cause harm to passengers, other goods, or vessels used, or may cause inconvenience to passengers.

(3) When the cargo loaded on the automobile falls under any of the following

A Items that emit odors, items that are unclean, or items that may cause inconvenience to passengers

B Platinum, gold and other precious metals, coins, banknotes, securities, stamps, jewelry, fine arts, antiques and other items that exceed the limits set by our Company.

C Guns, swords, and other items that may cause harm to passengers, other goods, or vessels used.

D Explosives and other items that may cause harm to passengers, other goods, or vessels used

E Live animals

F Other things that are deemed inappropriate for transportation

(4) When the driver of the automobile or the applicant for carriage has performed or is likely to violate the law or the provisions of this Conditions of Carriage.

(5) When the application for the contract of carriage is based on the conditions of carriage different from this Conditions of Carriage

(6) When a special burden is requested by the transportation applicant regarding the transportation

Declaration of the Contents of Automobiles and Their Loaded Cargo, etc.

Article 5

1 If the automobile falls under item 2 (e) of paragraph 2 of the preceding article or the cargo loaded on it falls under any of item 3 of the same paragraph, the applicant for carriage must notify our Company in advance to that effect (If the item falls under the same item a, c or d (hereinafter referred to as “dangerous goods, etc.”), to that effect and information for the safe transportation of the dangerous goods, such as the name and nature of them).

2 If the automobile falls under item 2 (e) of paragraph (2) of the preceding article or the cargo loaded falls under any of item (iii) of the same paragraph, Our Company may ask the applicant for carriage to take necessary measures such as attending a guard, insuring damage insurance, etc. for the automobile or its loaded cargo at his/her expense.

3 If there is a suspicion that the automobile falls under item 2(e) of paragraph 2 of the preceding article or that the cargo loaded therein falls under any of item 3 of the same paragraph, in the presence of the driver of the automobile, the applicant for the transportation, or a third party, we may inspect the contents of the automobile or its loaded cargo.

4 Regarding the transportation of automobiles which fall under item 2(e) of paragraph 2 of the preceding article or whose loaded cargo falls under item 3(a) of the same paragraph (hereinafter referred to as “expensive goods, etc.”), unless the applicant for carriage specifies the type and price of the expensive goods, etc. when applying for carriage, we will not be liable for any damage caused by its loss or damage.

5 The provisions of the preceding paragraph do not apply in the following cases.

(1) When we knew that it was an expensive item at the time of concluding the transportation contract

(2) When the loss or damage of expensive items, etc. occurs due to intentional or gross negligence of our Company or our employees

Disembarkation on the Way, etc.

Article 6

1 We do not comply with requests such as disembarkation of an automobile on the way. However, this does not apply if we find that there is no problem in handling.

2 The fares and other costs required when our Company responds to the request of the applicant pursuant to the provision of the preceding paragraph shall be borne by the applicant.

Cancellation of Operations, etc.

Article 7

In addition to the provisions of laws and regulations, if any of the following items apply, we may cancel the scheduled departure of the ship, or change the vessel, the port, date and time of departure and arrival, the navigation route, or restrict the type of automobile, etc.

(1) When the weather or sea conditions may endanger the navigation of the ship

(2) In the event of a natural disaster, fire, marine accident, breakdown of the vessel used, or other unavoidable reason

(3) For smooth evacuation, emergency transportation and similar transportation of passengers or cargo in the event of a disaster

(4) When an alliance of seafarers or other persons involved in transportation or other disputes occur

(5) When there is a risk that life may be endangered or health may be significantly impaired, such as when a passenger’s illness occurs

(6) When an illegal act such as the capture or destruction of a ship in use occurs

(7) When there is a good reason to believe that the passenger is performing or intending to perform any of the acts listed in each item of Article 18, Paragraph 1 of the Passenger Transportation Section.

(8) When there is an order or request from a public office

Chapter 3 Fares and Charges, etc.

Fare Amount, etc.

Article 8

1 The amount of the fare and its application method will be determined separately by notifying the director of the regional transport bureau (including the director of the transport control department).

2 The fare includes the fare of the automobile driver boarding the lowest grade cabin.

Fare Collection

Article 9

1 Our Company collect the prescribed fare at the business office and issues an electronic automobile transportation ticket or a paper automobile transportation ticket in exchange for this.

2 If the driver of the automobile boarded the automobile without paying the fare with the consent of the captain or our staff, we will charge the fare corresponding to the boarding section on board, and in exchange for this, we will carry out supplementary automobile transportation ticket.

Validity of Automobile Transportation Ticket

Article 10

1 Electronic automobile transportation tickets can be used only for the boarding section, valid period, and designated ship (which boarding date and ship number or departure time are designated. The same applies hereinafter.), and the type and length of the automobile recorded on the electronic database (or written on the ticket in the case of a paper automobile transportation ticket).

2 When we confirm the validity of the automobile transportation ticket, the applicant needs to show the verification code (or a paper automobile transportation ticket).

3 If the driver of the automobile disembarks the automobile in the embarkation section recorded on the electronic automobile transportation ticket (or written on the face of the paper automobile transportation ticket) for his/her reason, the rest of the route on the ticket is invalid. However, this does not apply to transfers and other cases specified in this Conditions of Carriage.

Handling in Case of Fare Change

Article 11

If the fare is changed, the automobile fare ticket issued by our Company before the change will be valid only within the valid period.

Validity Period of Automobile Transportation Ticket

Article 12

1 Regarding the valid period of automobile transportation tickets (excluding those related to designated ships), we will set a period longer than the period specified in each of the following items according to the classification specified in each item, and record this on the electronic automobile transportation ticket (or put it on the face of the paper automobile transportation ticket).

(1) One-way ticket: According to the following categories depending on the one-way boarding distance, the period specified in each category

A For items less than 100 kilometers, only on the day of release

B For items over 100 kilometers and less than 200 kilometers, 2 days including the day of release

C For items over 200 kilometers and less than 400 kilometers, 4 days including the day of release

D For items over 400 kilometers, 7 days including the day of release

(2) Round-trip ticket: According to the categories of the previous item depending on the one-way boarding distance for the round-trip ticket, the period is twice the period specified in each category.

(3) Coupon ticket: Two months including the day of release

2 Due to illness or other unavoidable force concerning the driver of the automobile or the measures taken by our Company pursuant to the provisions of Article 7, when the driver of the automobile or the applicant for carriage has postponed or become unable to continue to board the automobile, we will handle the unused section of the automobile transportation ticket for an extension of the valid period up to 7 days.

3 If the valid period of the automobile transportation ticket has passed after boarding the car, the valid period of the ticket will be deemed to have been extended during that period only for the question of continuing to board the car.

Boarding Change

Article 13

1 If the applicant for carriage requests to change the boarding section, designated ship or automobile type and length recorded on the electronic automobile ticket (or written on the face of a paper automobile transportation ticket) before the end of the valid period (in the case of a designated ship, before the departure of it) of the automobile ticket (excluding the coupon automobile transportation ticket), our Company will comply with the change only once. The change will be handled only at the sales office of the automobile transportation ticket related to the request and other sales offices designated by us. However, this does not apply if there is not enough transportation capacity of ship, etc. to be changed. In addition, about “planned discount product”, it depends on fare and charge application method.

2 If our Company responds to the change under the provisions of the preceding paragraph, the fee for the change shall be free. If there is a difference between the amount of the fare corresponding to the boarding section and the type and length of the automobile after the change and the amount of the fare already received, we will charge the shortage amount and refund the excess amount.

Passing over

Article 14

If the driver of the automobile or the applicant for carriage requests to change the boarding section recorded on the electronic automobile transportation ticket (or written on the face of the paper automobile transportation ticket) after boarding the automobile, our Company shall comply with the change only if there is enough transportation capacity and if it will be passing over. In this case, our Company will charge the difference between the fare amount corresponding to the changed boarding section and the fare amount already received, and will issue a supplementary automobile transportation ticket in exchange for this. (Loss of paper automobile transportation ticket)

Loss of Paper Automobile Transportation Ticket

Article 15

1 If the driver of the automobile or the applicant for carriage loses the paper automobile transportation ticket, we will charge the fare again and issue a paper automobile transportation ticket in exchange for this. In this case, we will issue a certificate to that effect. However, this provision may not apply if it is clear that he/she has boarded the car having a paper automobile transportation ticket.

2 When an automobile driver or a transportation applicant finds a lost paper automobile transportation ticket, he/she can request our Company to refund the fare with the certificate set forth in the preceding paragraph only within one year after the expiration of the valid period.

Unauthorized Boarding, Etc.

Article 16

If the driver of the automobile or the applicant for carriage acts in any of the following items, our Company may charge an additional fare equivalent to twice that amount in addition to the fare. In this case, if the port of embarkation is unknown, the port of departure of the relevant transportation service will be deemed to be the port of embarkation.

(1) Boarding an automobile without an authorization code or a paper automobile transportation ticket and without the consent of the captain or our staff.

(2) Boarding an automobile with an invalid authentication code or a paper automobile transportation ticket.

(3) Boarding an automobile with an authentication code or a paper automobile transportation ticket with modified information.

(4) Boarding an automobile other than the type and length of the automobile indicated on the face of the certification code or the paper automobile transportation ticket.

(5) Not responding to requests by our staff to show certification code or paper automobile transportation ticket, or to pay fare.

(6) To get a discount on the fare or to board the automobile without paying the fare due to a fraudulent declaration.

(7) Refusing to deliver a paper automobile transportation ticket when collecting it.

Refunds and Refund Fees

Article 17

1 If any of the following items apply, our Company will refund the fare of the amount specified in each item at the sales office of the automobile transportation ticket or other sales offices designated by us.

(1) When the applicant for carriage requests a refund within the valid period for an automobile transportation ticket that does not have a designated ship (excluding the coupon automobile transportation ticket. The same shall apply hereinafter in this article.) before the ticket gate (excluding cases that fall under items 3 and 5), amount recorded on the electronic automobile transportation ticket (or written on the face of the paper automobile transportation ticket). (If discounted, the discounted amount. The same shall apply hereinafter.)

(2) When the applicant for carriage requests a refund for the automobile transportation ticket for the designated ship before boarding and before the departure of the designated ship (excluding cases corresponding to the next item and item 5), the amount recorded on the electronic automobile transportation ticket (or on the face of a paper automobile transportation ticket).

(3) When an automobile driver or an automobile applicant proves that he/she has stopped or cannot continue to board the automobile due to death, illness, or other force majeures related to the driver of the automobile and requests a refund within 30 days after the expiration of the valid period of the transportation ticket, the difference between the amount recorded on the electronic automobile transportation ticket (or written on the face of the paper automobile transportation ticket) and the fare corresponding to the used section.

(4) When the applicant for carriage requests a refund for the coupon automobile fare ticket before boarding within the valid period, the amount obtained by multiplying the amount of the fare of the boarding section recorded on the electronic automobile fare ticket (or written on the face of the paper automobile fare ticket)  before the number of discounts by the number of used ticket pieces is deducted from the amount recorded on the electronic automobile transportation ticket (or written on the face of the paper piece automobile transportation ticket).

(5) When the transportation applicant cancels the transportation contract and requests a refund when our Company takes measures pursuant to the provisions of Article 7. The difference between the amount recorded on the electronic automobile transportation ticket (or written on the face of the paper automobile transportation ticket) and the fare corresponding to the used section

(6) When our Company cancels the transportation contract pursuant to the provisions of Article 4, Paragraph 2, the difference between the amount recorded on the electronic automobile transportation ticket (or written on the face of the paper automobile transportation ticket) and the fare corresponding to the used section

(7) When the driver of the automobile or the applicant for carriage requests a refund pursuant to the provisions of Article 15, Paragraph 2, the amount recorded on the electronic automobile transportation ticket (or stated on the face of the paper automobile transportation ticket)

2 When refunding fares and charges pursuant to the provisions of the preceding paragraph, our Company will charge a fee of the amount specified by our Company within the amount specified in each of the following items according to the categories specified in each item. However, no fee will be charged for refunds pertaining to items 5 and 6 of the same paragraph (limited to cases pertaining to Article 4, paragraph 2, item 1).

(1) Refund of 200 yen for items 1, 3, 4, 6 (excluding cases related to Article 4, Paragraph 2, Item 1) and item 7 of the preceding paragraph

(2) Refund pertaining to item 2 of the preceding paragraph

A Refund of 200 yen for requests until 7 days before the departure date

B Refund for requests until the day before the departure date: The amount equivalent to 10% of the amount recorded on the electronic automobile transportation ticket (or written on the face of the paper automobile transportation ticket) (200 yen, if it is less than 200 yen)

C Refunds for requests by the time of departure: An amount equivalent to 30% of the amount recorded on the electronic automobile transportation ticket (or written on the face of the paper automobile transportation ticket) (200 yen, if the amount is less than 200 yen)

D The refund fee for an automobile transportation ticket whose reservation has been changed by the passenger pursuant to the provisions of Article 13 is the refund fee for the original reservation at the time of changing the reservation or the refund fee for the changed reservation at the time of requesting the refund of the changed reservation. One of the higher of these refund fees will be charged.

3 When refunding fares and charges to which the planned product discount is applied, our Company will charge a fee of the amount specified by our Company within the range of the amount specified in each of the following items according to the categories specified in each item.

A Refunds for requests made until 7 days before the departure date: An amount equivalent to 10% of the amount recorded on the electronic ticket (or written on the face of the paper ticket) (200 yen, if the amount is less than 200 yen)

B Refunds for requests until the day before the departure date: The amount equivalent to 30% of the amount recorded on the electronic ticket (or written on the face of the paper ticket) (200 yen, if the amount is less than 200 yen)

C Refund for requests by the departure time: Amount equivalent to 50% of the amount recorded on the electronic ticket (or written on the face of the paper ticket) (200 yen, if the amount is less than 200 yen)

Chapter 4 Obligations of Automobile Drivers

Loading and Unloading

Article 18

1 The loading and unloading of the automobile shall be carried out by the driver of the automobile in accordance with the instructions of the captain or our staff.

2 When loading and unloading an automobile, the driver of the automobile must operate the steering wheel, brakes and other devices of the automobile without fail, and depending on the conditions of the loading and unloading facility and the automobile, he/she must drive at speed and method that do not harm others.

Obligation to Inspect

Article 19

The driver of an automobile must lock the automobile whenever he/she leaves and must inspect it and its cargo before disembarking. In this case, if any abnormality is found, it must be immediately reported to the captain or our staff.

Prohibitions of Automobile Drivers, etc.

Article 20

1 When boarding or disembarking an automobile, the driver must slow down on board the vessel or at the boarding/alighting facility or the guide path, and must not interrupt in front of other automobiles boarding or disembarking.

2 The driver of the automobile must follow the job instructions given by the captain or our staff to ensure the safety of transportation regarding the loading and unloading of the automobile.

3 The captain may order the driver of an automobile who does not follow the instructions in the preceding paragraph to disembark.

Chapter 5 Liability

Our liability

Article 21

1 Regarding harms caused by the loss or damage of automobiles and their loaded cargo, unless our Company is exempted from liability under Article 5, Paragraph 4, we will only be liable for this if the accident that caused the harms to the automobile and its loaded cargo occurs under our control.

2 The provisions of the preceding paragraph do not apply if any of the following items apply.

(1) When Our Company prove that the vessel used has no structural defects or functional impairments, our Company and its employees have taken necessary measures to prevent such damages, or we have been unable to take such measures due to any event of Force Majeure, etc.

(2) When we prove that the damage was caused by the intention or negligence of the driver or the applicant for carriage or a third party, or the driver or the applicant for carriage not having complied with the law or this contract of carriage.

3 Our Company shall not be liable for any damages caused by us taking measures pursuant to the provisions of Article 7, except when we are liable for the damages pursuant to the provisions of Paragraph 1.

Right to Claim Damages of the Applicant for Carriage

Article 22

With respect to the automobile and its loaded cargo that the driver of the automobile or the applicant for carriage has been delivered without disagreement, it is deemed that the right to claim compensation for damages caused to them has been waived. However, this does not apply if there is damage or partial loss that cannot be found immediately and the fact is notified to our Company in writing within 14 days from the date of delivery.

Claims for Compensation against Automobile Drivers and Transportation Applicants

Article 23

If the driver or applicant for carriage causes damage to our Company due to his or her intention or negligence, or due to failure to comply with laws and regulations or this Conditions of Carriage, our Company may seek compensation against the driver of the automobile or the applicant of the carriage for the damage.

Chapter 6 Common automobile transportation ticket

Common Automobile Transportation Ticket

Article 24

1 A common automobile transportation ticket issued by a transportation operator that has an agreement with us regarding the handling of automobile transportation with it is considered to be our automobile transportation ticket.

2 Regarding the transportation of automobiles, their drivers and loaded cargo carried out by the common automobile transportation ticket set forth in the preceding paragraph, this Conditions of Carriage applies to the transportation section of our company.

Applicable date

This Conditions of Carriage will apply from May 10, 2021.

 

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