Accommodation Partnership Agreement
This Agreement is written in Japanese as the official version. If an English version is prepared in the future and any discrepancies arise between the two versions, the Japanese version shall prevail.
Article 1 (Purpose)
This Agreement sets forth the rights and obligations between Ocarry Inc. (hereinafter referred to as “the Company”) and _______※1 (An accommodation facility operated in accordance with the Inns and Hotels Act, the Private Lodging Business Act, or other applicable laws, which corresponds to the facility name entered on the partnership form (hereinafter referred to as ‘the Facility’)), whereby the Facility shall temporarily store the luggage of guests and hand it over to the Company, as well as receive luggage from the Company and return it to the guests, in connection with the travel luggage delivery service (hereinafter referred to as “the Service”) provided by the Company.
Article 2 (Definitions)
Guest(s): Persons currently staying at the Facility, or persons within 48 hours before their check-in date or within 48 hours after check-out.
Luggage: Travel items typically carried by travelers (e.g., suitcases, backpacks, duffel bags, etc.) owned by Guests and entrusted to the Company for delivery.
Delivery Service: All operations related to receipt, transportation, delivery, misdelivery recovery, and other related services.
Storage Period: The time from the Facility’s receipt of the luggage until its handover to the Company or to the Guest.
Notice: Communication in writing (via post or hand delivery) or electronically (including email or website inquiry forms). Oral communication is not considered formal notice except in emergencies and must be followed up promptly in writing or by electronic means. However, operational announcements, changes, or termination related to the Service may be made via the Company’s website in lieu of formal notice.
Article 3 (Service Areas and Schedule)
The service area is as listed on the Company’s website and may be changed by updating said listing.
The service schedule (days and time slots) will also follow the latest information shown on the reservation system and may be modified without prior notice for operational reasons.
Article 4 (Subcontracting)
The Company may subcontract all or part of the Delivery Service to a third party with whom the Company has a service agreement (hereinafter “Subcontractor”), and the Facility consents to such subcontracting.
The Company shall require the Subcontractor to comply with the same obligations as the Company under this Agreement, and the Company shall bear full responsibility for any disadvantage to the Facility resulting from the subcontracting.
Article 5 (Facility Duties and Storage Obligations)
The Facility shall store luggage with due care as a prudent manager.
Pickup (Facility → Company): The Facility shall verify and record the luggage reservation number issued by the Company presented by the Guest before receiving and handing over the luggage to the Company.
Delivery (Company → Facility): The Company shall present the luggage reservation number, guest name, and possibly the reservation number issued by the booking service. The Facility shall check this information against guest records and, upon confirmation, accept and store the luggage for the Guest.
If the Facility discovers any visible damage or leakage at the time of receipt, it shall photograph the item and immediately share the image with the Company via email or other electronic means.
Unless otherwise agreed, the Company shall pick up and deliver luggage during the Facility’s normal business hours.
If the Company finds any damage or leakage upon pickup, it shall promptly notify the Facility and share photos and other evidence via email or other electronic means. Responsibility for damage is specified in Article 7.
The Facility shall store the luggage for up to 48 hours (2 days) from the time of receipt or until it is collected by the Company or the Guest, whichever is earlier. If storage beyond this period is needed, the Facility shall consult with the Company. If no agreement is reached, the Facility may request the Company to return or relocate the luggage, and the Company shall bear any associated costs. During any extended storage, the Facility shall continue to manage the luggage with due care.
If the Facility is unmanned (e.g., self-check-in accommodations) and cannot handle luggage with front desk staff, it must notify the Company in writing or via email in advance. Failure to notify, combined with incidents such as theft, loss, or damage, shall result in the Facility bearing full responsibility, and the Company shall not be liable. Such failure constitutes a material breach, and the Company may terminate this Agreement without notice.
Article 6 (Obligations of the Company)
The Company shall provide the Delivery Service in accordance with its latest “Ocarry Delivery Terms” published on its website.
In the event of a misdelivery caused by the Company, the Company shall, within 24 hours of receiving notice (or the next business day if on a non-service day), retrieve and promptly redeliver the luggage to the correct destination.
Article 7 (Liability and Compensation)
Company’s Liability: The Company shall be liable for loss or damage to luggage during delivery, up to a maximum of ¥100,000 (including tax) per case.
Facility’s Liability: The Facility shall be liable for loss or damage caused during the storage period due to reasons attributable to the Facility, up to ¥100,000 (including tax) per case.
Claim Deadline: Claims must be submitted in writing or electronically within 72 hours of luggage receipt. Claims made after this period are not eligible for compensation.
Post-deadline Claims: If a Guest files a claim with the Facility after 72 hours, the Facility shall refer the Guest to the Company’s designated contact. The Facility shall not be obligated to independently compensate unless the damage is clearly due to Facility’s intent or gross negligence.
Article 8 (Incentive Program – Optional via Application)
If the Facility applies through the designated online form and is approved by the Company, and more than 10 luggage items are dispatched from the Facility in a given month (1st to end of month), the Company shall transfer an amount equal to 10% of the total shipping charges (incl. tax), minus the bank transfer fee, to the Facility’s designated account by the end of the following month.
This program applies from the month following the Company’s approval.
To change or withdraw from the program, the Facility shall notify the Company electronically, and such changes shall take effect from the following month after approval.
As the Company is a tax-exempt business operator, it will not issue qualified invoices. The bank transfer statement shall serve as proof of receipt. If the Company becomes a qualified invoice issuer, it will notify this on its website and begin issuing such invoices for applicable transactions.
The incentive is compensation for promotional cooperation by the Facility and does not imply the Facility is engaging in a regulated freight forwarding business or holds any transport responsibility.
The Company reserves the right to modify the incentive terms due to shipment volume, operational efficiency, or economic conditions. Changes will be announced via the Company’s website at least 30 days before they take effect. Payments for completed months remain governed by the prior terms.
Article 9 (Handling of Personal Information)
Both parties shall comply with the Act on the Protection of Personal Information and their respective privacy policies, and use personal information of Guests only to the extent necessary to perform the Service.
Article 10 (Public Relations and Use of Logos)
After executing this Agreement, the Company may list the Facility’s name and logo on its website, brochures, or other promotional materials under “List of Partner Facilities.”
The Company shall only use logos provided or publicly shared by the Facility and shall not edit or modify them arbitrarily.
The Facility may request removal of such listing at any time by written or electronic notice.
Article 11 (Term and Termination)
This Agreement shall be validly executed and come into effect on the date the Facility submits the specified form (hereinafter referred to as the “Effective Date”).
The term of this Agreement shall be one (1) year from the Effective Date and shall be automatically renewed for successive one-year periods thereafter.
Either party may terminate the Agreement by giving notice at least 60 days in advance, in writing or electronically.
If either party breaches any term of this Agreement and fails to remedy it within a reasonable period after being notified, the other party may terminate all or part of this Agreement.
Regardless of the preceding paragraph, either party may terminate the Agreement immediately and without notice if the other party:
- Breaches Article 5, paragraph 8 (Notification of Unmanned Facility), Article 12 (Confidentiality), or Article 13, paragraph 1 (Anti-Social Forces).
- Suspends or becomes unable to make payments, or is subject to dishonor by a clearing house.
- Is subject to seizure, provisional seizure, injunction, compulsory execution, or auction.
- Has filed for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or similar proceedings.
- Encounters other serious circumstances making continuation of the Agreement difficult.
Article 12 (Confidentiality)
Each party shall manage confidential information and materials (including copies and reproductions) received from the other party with due care, and:
- Designate a person responsible for handling such information, and provide their contact details upon request.
- Use the confidential information only for purposes related to the Service.
- Reproduce confidential information only when necessary and treat such copies as carefully as the originals.
- Notify the other party immediately in case of leakage, loss, theft, or misuse.
- Not disclose any confidential information to third parties without prior written consent. Any third parties must agree to the same confidentiality obligations.
- If disclosure is required by law, inform the other party in advance and follow their instructions as much as possible.
Article 13 (Exclusion of Anti-Social Forces)
Each party declares and guarantees that neither itself nor its officers, employees, major shareholders, or related parties currently or in the future fall under anti-social forces (organized crime groups, former members within 5 years, quasi-members, affiliated companies, corporate extortionists, etc.).
Each party agrees not to engage in the following acts directly or indirectly:
- Violent demands
- Unreasonable demands beyond legal responsibility
- Threats or violence regarding transactions
- Spreading rumors, using deception or intimidation to damage the other party’s reputation or disrupt operations
- Other equivalent actions
Each party may request the other to cooperate in investigations into potential affiliations with anti-social forces, including submission of materials.
If the other party violates any of these terms, the Agreement may be terminated immediately without compensation. The violating party shall be liable for all resulting damages.
Article 14 (Force Majeure)
Neither party shall be held liable for failure to perform due to natural disasters, war, terrorism, riots, strikes, government regulations, or epidemics (hereinafter “Force Majeure”), provided that reasonable efforts are made to minimize the impact.
In such cases, both parties shall promptly notify each other and discuss how to continue or modify the Agreement.
Article 15 (Governing Law and Jurisdiction)
This Agreement shall be governed by the laws of Japan, and all disputes arising from or related to this Agreement or the Service shall be subject to the exclusive jurisdiction of the Kyoto District Court as the court of first instance.
Article 16 (Consultation)
Any matters not stipulated in this Agreement or any ambiguities in interpretation shall be resolved through sincere consultation between the parties.
Article 17 (Survival)
Even after termination or expiration of this Agreement, the following articles shall remain in effect:
- Article 7 (Liability and Compensation)
- Article 8 (Incentive Program), limited to unpaid rebates generated prior to termination
- Article 9 (Handling of Personal Information)
- Article 12 (Confidentiality)
- Article 13 (Exclusion of Anti-Social Forces)
- Article 15 (Governing Law and Jurisdiction)
- Article 16 (Consultation)
- Article 17 (Survival)
By signing this English language version, the undersigned acknowledges and agrees that the Japanese language version of this Agreement is the official and governing text (the “Original Text”), that this English version is a translation provided for convenience only, and hereby agrees to be legally bound by all terms and conditions set forth in the Original Text. In the event of any conflict, the Original Text shall prevail.