contract
Lending Agreement

Article 1.

Chapter I General Provisions

  1. The Company may establish the detailed regulations of the Terms and Conditions separately, and the said detailed regulations shall have the same validity as the Terms and Conditions.
  2. The Company shall, when separately establishes the detailed regulations, post them on its business office, and state them on brochures issued by the Company and the price list, etc. The same shall apply when it modifies the regulations.

Article 2.

Application of Terms and Conditions

  1. Pursuant to the stipulations of these terms and conditions for rental (hereinafter referred to as the “Terms and Conditions”), the lender (hereinafter referred to as the “Company”) shall lend a rent-a-car (hereinafter referred to as the “Rental Car”) to the Renter, and the Renter shall rent the same. Matters not stipulated in the Terms and Conditions shall be governed by laws and regulations or the general customs.
  2. The Company may accept any special contract, provided that it is not contrary to the purport of the Terms and Conditions, laws and regulations, the administrative notices and general customs. If special contracts are entered into, such special contracts shall prevail over the Terms and Conditions.

Article 3.

Chapter II Reservations

Article 4.

Making Reservations

  1. For renting the Rental Car, the Renter may make reservations in accordance with the method designated by the Company upon agreement to the Terms and Conditions and the price list, etc. prescribed by the Company, specifying in advance the class of vehicle, the commencement date of renting, the renting place, the rental period, the return place, the driver’s name, necessity of accessories such as a child seat, and any other renting conditions (hereinafter referred to as the “Renting Conditions”). The Company will respond to reservation by phone contact and e-mail; however the Company shall not take any responsibility even if there is any difference between the details of reservation and the actual conditions.
  2. For renting the Rental Car, the Renter may make reservations in accordance with the method designated by the Company upon agreement to the Terms and Conditions and the price list, etc. prescribed by the Company, specifying in advance the class of vehicle, the commencement date of renting, the renting place, the rental period, the return place, the driver’s name, necessity of accessories such as a child seat, and any other renting conditions (hereinafter referred to as the “Renting Conditions”). The Company will respond to reservation by phone contact and e-mail; however the Company shall not take any responsibility even if there is any difference between the details of reservation and the actual conditions

Article 5.

Changes in Reservation

The Renter shall, if he/she changes the Renting Conditions set forth in Paragraph 1 of the preceding article prior to the execution of a Rental Agreement for the Rental Car (hereinafter referred to as the “Rental Agreement”), obtain prior consent of the Company. Repeated changes in schedule, etc. (4 times or more) shall be regarded as cancellation, judging that the Renter has no intention to rent. The Renter shall immediately pay the Company the reservation cancellation charge (cancel charge) prescribed by the Company.

Article 6.

Cancellation of Reservation

  1. The Renter may cancel the reservation by the Company’s prescribed method.
  2. If the Renter fails to commence procedures for entering into the Rental Agreement after the elapse of one (1) hour or more from the renting commencement time, the reservation shall be deemed cancelled, unless otherwise agreed by the Company.
  3. In the case of the preceding two (2) paragraphs, the Renter shall immediately pay the Company the reservation cancellation charge (cancel charge) prescribed by the Company. When payment for the reservation cancellation charge is made, the Company shall return the reservation charge already received to the Renter.
  4. If the reservation is cancelled for the Company’s convenience, or if the parties fail to execute the Rental Agreement, the Company shall return the reservation charge already received.
  5. If the parties fail to execute the Rental Agreement due to accidents, theft, nonreturn, recall, acts of God or any other reasons not attributable to the Renter or the Company, the reservation shall be deemed cancelled.
  6. The Company and the Renter shall make no claim with each other on the ground of failure to execute the Rental Agreement, unless otherwise provided for in the Terms and Conditions.
  7. Paragraph 4 of Article 4 shall apply where the inability to rent is caused for reasons attributable to the Company, and Paragraph 5 of this article shall apply where reasons are not attributable to the Company.

Article 7.

Disclaimer

The Company and the Renter shall make no claim with each other on the ground of cancellation of reservation or the failure to execute the Rental Agreement, except for the cases provided for in Article 4 herein.

Article 8.

Agency for Reservations

  1. The Renter may make reservations through travel agencies or the Company’s business partners (hereinafter referred to as the “Agent”), which handle reservations on behalf of the Company.
  2. The Renter who has made reservation to the Agent set forth in the preceding paragraph may make an offer of change or cancellation of the reservation only to the said Agent, and as for any changes in reservation, the Renter shall obtain consent of the Company through the said Agent.

Chapter III Rentals

Article 9.

Execution of the Rental Agreement

  1. Both parties shall sign the Rental Agreement with the Renter clarifying the Renting Conditions provided for in Paragraph 1, Article 2 herein and the Company clarifying the lending conditions by the Terms and Conditions, the price list, etc.; provided, however, that this shall not apply where the Renter or the driver falls under any of items of Paragraphs 1 or 2 of Article 8 herein.
  2. When the Rental Agreement is executed, the Renter shall pay the rental charge provided for in Paragraph 1, Article 10 herein.
  3. When executing the Rental Agreement, the Company shall, pursuant to the Ministry of Land, Infrastructure, Transport and Tourism’s notification, request the Renter to present the driver’s license of the driver (hereinafter referred to as the “Driver”) designated by the Renter and to submit a copy thereof for the purpose of stating the name, address of the driver, the type of driver’s license and the license number on the rental book (original book) and the rental car certificate stipulated in Paragraph 1, Article 13 herein or attaching a copy of the driver’s license of the Driver. In this case, the Renter shall present and submit a copy of own driver’s license if the Driver is the Renter, and if the Renter and the Driver are not the same, present and submit a copy of driver’s license of the Driver.
  4. The Company may, when executing the Rental Agreement, require the Renter and the Driver to submit the driver’s license as well as identification documents, and may take a copy of documents so submitted.
  5. The Company shall, when executing the Rental Agreement, ask the Renter and the Driver to notify his/her mobile phone number or other means of contact.
  6. The Company shall, when executing the Rental Agreement, require the Renter to make payment for the rental charge in cash or by a credit card or any other payment method, and may designate the payment method.

Article 10.

Refusal to Execute the Rental Agreement

  1. If the Renter/Driver falls under any of each item below, the Rental Agreement may not be executed and the reservation may also be cancelled:
    1. When the Renter/Driver does not possess the driver’s license necessary for driving the Rental Car, or fails to present the driver’s license or submit a copy thereof to the Company;
    2. When the Company judges that the Renter/Driver is under the influence of alcohol;
    3. When the Company judges that the Renter/Driver is under the poisoning symptoms of narcotics, stimulant drugs, or thinners, etc.;
    4. When the Renter/Driver has a child under the age of six (6) ride with him/her although no child seat is fixed;
    5. If the Rental Car is a motorcycle, when one (1) year or more has not passed since acquisition of applicable driver’s license, or even if one (1) year or more has passed since acquisition of the driver’s license, the Renter/Driver has concern over own driving skill;
    6. When the Company judges that the Renter/Driver is the designated organized crime group, a member of or a person related to the group involved with the designated organized crime group, or otherwise belongs to any anti-social forces;
    7. When the Renter/Driver conducts violent acts, demands expenses that go beyond reasonable range of burden, or uses violent behaviors or languages to the Company’s employees or other related persons in connection with a transaction with the Company; or
    8. When the Renter/Driver discredits the Company by spreading rumors or using fraudulent means or force, or interferes with the Company’s business.
  2. If the Renter/Driver falls under any of each item below, the Company may refuse to execute the Rental Agreement:
    1. When the Driver specified at the reservation and the Driver at the time of execution of the Rental Agreement are not the same;
    2. When the Renter/Driver does not meet the requests set forth in Paragraph 4 through Paragraph 6 of Article 7 herein;
    3. When the Renter/Driver has been in arrears with payment of the rental charge or other obligations owed to the Company in the previous rental;
    4. When the Renter/Driver has conducted acts listed in each item of Article 17 herein in the previous rental;
    5. When automobile insurance has not been applicable in the previous rental;
    6. When there is no vehicle available for rental; or
    7. Otherwise when the Renter/Driver fails to fulfill the Company’s prescribed conditions.
  3. In the case of the preceding two (2) paragraphs, any reservation already concluded with the Renter shall be handled as being cancelled, and the Renter shall immediately pay the Company the reservation cancellation charge prescribed by the Company. The Company shall return the reservation charge already received to the Renter when the reservation cancellation charge is paid by the Renter.

Article 11.

Formation of the Rental Agreement

  1. The Rental Agreement shall be formed when the Renter pays the rental charge to the Company and the Company has delivered the Rental Car to the Renter. In this case, the reservation charge already received shall be appropriated to part of the rental charge.
  2. The delivery in the preceding paragraph shall be made on the rental commencement date and time at the renting place specified in Paragraph 1, Article 2 herein.

Article 12.

Rental Charge

  1. The rental charge shall be the total of the following charges, and the Company shall clarify each amount and calculation basis in the price list:
    1. Basic rental charge
    2. Collision damage waiver (CDW) fee
    3. Accessorites usage fee
    4. Arranged car collection fee
    5. Other charges prescribed by the Company
  2. The basic rental charge shall be pursuant to the rate implemented by the Company, as filed with the Director of District Transport Bureau (where in Hyogo, Manager of Hyogo Land Transport Division of Kobe District Transport Bureau, and where in Okinawa, Director of Land Transport Office of Okinawa General Bureau) as at the rental of the Rental Car. If the rental charge is revised after the completion of reservation provided for in the Terms and Conditions, the rental charge shall be the price set forth in the price list applied at the time of reservation.

Article 13.

Changes in the Renting Conditions

  1. The Renter shall, if he/she changes the Renting Conditions set forth in Paragraph 1, Article 7 herein, obtain prior consent of the Company.
  2. The Company may not accept the change, if the change in the Renting Conditions under the preceding paragraph would impair rental business of the Company.

Article 14.

Inspection/Maintenance and Confirmation

  1. The Company shall rent the Rental Car, for which inspection stipulated in Article 47-2 (Daily Inspection/Maintenance) and Article 48 (Periodic Inspection/Maintenance) of the Road Trucking Vehicle Act as well as necessary maintenance have been completed.
  2. The Renter/Driver shall confirm that the Rental Car has been inspected and maintained as set forth in the preceding paragraph, that the Rental Car is free from defects in maintenance by inspection of the car body exterior and the accessories of the Rental Car based on the Company’s prescribed check list, and also that the Rental Car fulfills other Renting Conditions.
  3. The Company shall, if any defects are detected in maintenance of the Rental Car upon the checkup in the preceding paragraph, immediately implement necessary maintenance, etc.
  4. The Renter/Driver shall mount a child seat on his/her own responsibility, and the Company shall assume no responsibility for the mounting of a child seat.

Article 15.

Issuance and Carrying of Rental Car Certificate

  1. At the time of delivery of the Rental Car, the Company shall issue to the Renter/Driver a designated rental car certificate stating matters prescribed by the Director of the District Transport Bureau.
  2. The Renter/Driver shall carry the rental car certificate issued pursuant to the preceding paragraph during the period between the delivery of the Rental Car and its return to the Company (hereinafter referred to as “During Use”).
  3. The Renter/Driver shall, if he/she loses the rental car certificate, immediately notify the Company to that effect and follow the Company’s instructions.
  4. The Renter/Driver shall return the rental car certificate to the Company at the same time when he/she returns the Rental Car.

Article 16.

Chapter IV Use

Article 17.

Management Responsibility

The Renter/Driver shall use and store the Rental Car with the due care of the prudent manager During Use of the Rental Car.

Article 18.

Daily Inspection

The Renter/Driver shall conduct inspection stipulated in Article 47-2 (Daily Inspection/Maintenance) of the Road Trucking Vehicle Act and necessary maintenance for the Rental Car During Use every day before use.

Article 19.

Prohibited Acts

The Renter/Driver shall be prohibited from any of the following acts During Use:

  1. Use the Rental Car for truck transportation business or for any purposes equivalent thereto without obtaining consent of the Company and permission under the Road Transportation Act;
  2. Use the Rental Car for purpose other than the designated purposes, or let a person other than the Driver who is stated in the rental car certificate set forth in Article 13 herein or persons who are approved by the Company;
  3. Sublet the Rental Car or offer it as collateral or conduct any other acts which would infringe on the rights reserved by the Company;
  4. Alter the original condition of the Rental Car by falsification or defacement of registration number plates or vehicle number plate, or by remodeling or renovation of the Rental Car;
  5. Use the Rental Car for any kind of test or competition, or for towing or pushing any other vehicle without obtaining consent of the Company;
  6. Use the Rental Car in violation of laws and regulations or public order and morals;
  7. Drinking and driving
  8. Take out non-life insurance for the Rental Car without obtaining consent of the Company;
  9. Take the Rental Car out of Japan;
  10. Use the Rental Car for shooting or events, etc. without obtaining consent of the Company;
  11. If the Rental Car is a motorcycle, ride double on it; or
  12. Conduct acts that violate the Renting Conditions set forth in Article 7 herein

Article 20.

Measures in Case of Illegal Parking

  1. If the Renter/Driver parks the Rental Car in violation of the Road Traffic Act During Use, the Renter/Driver shall appear at the police station having jurisdiction over the district where the Rental Car is illegally parked, immediately pay a fine for illegal parking, and bear related charges in connection with illegal parking such as charges for towage, storage and collection.
  2. In the event that police notifies the Company of illegal parking, the Company shall contact the Renter/Driver, and instruct the Renter/Driver to promptly move the Rental Car, and also to appear at the police station having jurisdiction over the district where the Rental Car is illegally parked by the expiration of the rental period or by another time specified by the Company for completion of legally required procedures, and the Renter/Driver shall comply with the instruction. The Company may repossess the Rental Car from the police at its discretion if police towed the Rental Car.
  3. If the Renter/Driver exceeds the rental period of the Rental Car due to illegal parking, the Renter shall separately pay the rental charge as for the said excess hours.
  4. The Company shall, at its discretion, after giving the instructions under Paragraph 2 of this article, check the status of legally required procedures by the Renter/Driver with the traffic violation notice, payment notice or the receipt. If the Renter/Driver fails to complete legally required procedures, the Company shall continue to give instructions to the Renter/Driver until the Renter/Driver completes the said procedures. Furthermore, if the Renter/Driver does not follow the instructions set forth in the preceding paragraph, the Company may terminate the Rental Agreement without any notice or demand, demand that he/she immediately return the Rental Car, and require the Renter/Driver to sign a specific document (hereinafter referred to as the “Acknowledgement Letter”) to the effect that the Renter/Driver admits having illegally parked the Rental Car, that the Renter/Driver shall appear at the police station, and that shall comply with legal actions as a violator. The Renter/Driver shall comply with the foregoing.
  5. The Company may, if deemed necessary, conduct cooperation for pursuit of responsibility pertaining to illegal parking against the Renter/Driver by submitting to the police, documents containing personal information such as the Acknowledgement Letter and the rental car certificate, and may take necessary measures by submitting documents, including a letter of explanation as provided for in Paragraph 6, Article 51-4 of the Road Traffic Act, the Acknowledgement Letter and the rental car certificate, and reporting factual aspects to the Public Safety Commission.
  6. In the event that the Company receives an order for payment of the illegal parking penalty set forth in Paragraph 4, Article 51-4 of the Road Traffic Act, and pays such penalty, or that the Company pays expenses for the search of the Renter/Driver and for transfer, storage and collection of the Rental Car, the Renter/Driver shall bear the responsibility to compensate for the Company the amount equal to the illegal parking penalty and expenses borne by the Company, and shall make such payment by the due date specified by the Company. In the case where the Renter/Driver has paid the amount equal to the illegal parking penalty to the Company, if the order for payment of the illegal parking penalty is rescinded due to the payment of a fine by the Renter/Driver or due to the institution of prosecution, and the illegal parking penalty is refunded to the Company, the Company shall return the amount equal to the illegal parking penalty so refunded to the Renter/Driver.
  7. In the event that the Company receives an order for payment of the illegal parking penalty set forth in the preceding paragraph, or that the Renter/Driver fails to pay the demanded amount in the preceding paragraph by the due date specified by the Company, the Company may refuse to rent the Rental Car to the Renter/Driver thereafter.

Article 21.

Chapter V Return

Article 22.

Responsibility of Return

  1. The Renter/Driver shall return the Rental Car and accessories to the Company at the designated return place (if the return place is changed pursuant to Paragraph 1, Article 11 herein, it shall be the return place so changed) by the expiration of the rental period.
  2. If the Renter/Driver breaches provision of the preceding paragraph, he/she shall pay the Company the amount equal to the rental charge corresponding to the period from the expiration of the rental period until the return of the Rental Car and accessories, except where the said breach is caused by acts of God or any other force majeure. In addition, if any damages are incurred by the Company due to the breach of provision in the preceding paragraph, the Renter shall compensate for all of such damages.
  3. The Renter/Driver shall not be liable for any damages incurred by the Company in the case where he/she cannot return the Rental Car and accessories within the rental period due to acts of God or any other force majeure. In such a case, the Renter/Driver shall immediately contact the Company and comply with the instruction given by the Company.

Article 23.

Checking at Return

  1. The Renter/Driver shall return the Rental Car with a full tank of gas and accessories in the presence of the Company. In this case, the Renter/Driver shall return them in the same condition as confirmed at the delivery, except for ordinary wear and tear arising from normal use. Filling up gas can be substituted by payment for the amount equal to the price of the supplied gasoline as provided for in Paragraph 2, Article 21 herein.
  2. When returning the Rental Car, the Renter/Driver shall confirm, before the return, that no articles belonging to the Renter/Driver or passengers have been left behind in the Rental Car. The Company shall bear no responsibility for the storage of such articles after the return of the Rental Car.

Article 24.

Charges when Extending Rental Period

  1. The Renter/Driver shall, if he/she has extended the rental period pursuant to Paragraph 1, Article 11 herein, pay the Company the total of the following amount (hereinafter referred to as the “Extension Charge”) at the time of return of the Rental Car:
    1. Difference between (i) the amount of the rental charge corresponding to the rental period after extension and the rental charge corresponding to the rental period before extension plus the Company’s prescribed extra charges and (ii) the rental charge already paid; and
    2. When the Renter has taken out CDW at the time of execution of the Rental Agreement, difference between (i) the CDW fee for the extended rental period and (ii) the CDW fee already paid.
  2. If the Renter/Driver extends the rental period or changes the return place for unavoidable circumstances, he/she shall, without fail, inform the renting office within the rental period and obtain consent. In the event that the Renter exceeds the rental period and returns the Rental Car without consent, the Renter shall pay a penalty (100,000 yen), besides the Extension Charge set forth in the preceding paragraph.

Article 25.

Settlement

  1. The Renter/Driver shall, at the time of return of the Rental Car, immediately settle any unsettled account, including, but not limited to, the Extension Charge and penalty for changing the return place (hereinafter referred to as the “Unsettled Account”) to the Company.
  2. If the Renter/Driver did not fill up the Rental Car with fuel such as gasoline at the time of the return, he/she shall immediately pay the Company the amount calculated according to the running distance During Use (hereinafter referred to as “Fuel Settlement Money”) based on the Company’s prescribed conversion table.

Article 26.

Measures for Non-Returnable Rental Car

  1. In the event that the Renter/Driver does not return the Rental Car and accessories to the designated return place after the expiration of the rental period, and if the Renter/Driver fails to comply with the Company’s request for return, and the Company judges that the Rental Car or accessories are non-returnable, the Company shall take legal actions, including civil and criminal procedures.
  2. When the preceding paragraph is applicable, the Company shall take necessary measures to confirm whereabouts of the Rental Car and accessories, including, but not limited to, hearing investigation to the family, relatives or the related persons at the workplace of the Renter/Driver and operation of GPS.
  3. When Paragraph 1 of this article is applicable, the Renter/Driver shall pay the Company the amount equal to the rental charge corresponding to the period from the expiration of the rental period until the collection of the Rental Car and accessories by the Company, and shall assume liability for compensation of damages (including expenses required for the search and collection of the Rental Car and the search of whereabouts of the Renter/Driver) incurred by the Company pursuant to provision of Article 27 herein.
  4. In the event that the Renter/Driver does not return the Rental Car for three (3) days or more calculating from the expiration date of the rental period and the Company cannot contact the Renter/Driver, the Company shall deem that the Renter/Driver has stolen the Rental Car. In such a case, the Company will report a theft to the police concerned.

Article 27.

Chapter VI Measures in Case of Breakdowns, Accidents and Theft

Article 28.

Measures when Breakdown is Detected

  1. If the Renter/Driver detects any abnormality or breakdown of the Rental Car During Use, he/she shall immediately stop driving, contact the Company and follow the Company’s instructions.
  2. The Renter/Driver shall, if the abnormality or breakdown set forth in the preceding paragraph is attributable to willful intent or negligence of the Renter/Driver, be liable for compensation of damages (including expenses required for the collection and repair of the Rental Car) incurred by the Company pursuant to provisions of Article 27 herein.
  3. If the breakdown, etc. of the Rental Car is caused by defect which has existed before its rental to the Renter, the Company shall offer an alternative Rental Car to the Renter.
  4. If the Renter does not accept the offer of the alternative Rental Car in the preceding paragraph, or otherwise the Company cannot offer the alternative Rental Car, the parties shall terminate the Rental Agreement, and the Company shall return to the Renter the received rental charge and the CDW fee after deducting the rental charge and the CDW fee corresponding to the period from the rental until the end of the Rental Agreement therefrom.

Article 29.

Measures when Accident Occurs

  1. The Renter/Driver shall, if an accident involving the Rental Car occurs During Use, immediately stop driving and take legal actions, irrespective of the seriousness of the accident, and also take the following steps:
    1. Immediately report to the Company on the circumstances of the accident and follow the Company’s instructions;
    2. If the Rental Car requires repair based on the instruction of the preceding paragraph, such repair shall be addressed at the Company or the plant designated by the Company, unless otherwise agreed by the Company;
    3. Cooperate with the Company and its contracted insurance company for survey of the accident, and submit documents required by the Company without delay.
    4. For any settlement or arrangements to be made with the adverse party concerning the accident, prior consent of the Company shall be obtained.
  2. Besides taking steps set forth in the preceding paragraph, the Renter/Driver shall process and settle the accident on its own responsibility.
  3. The Company shall provide advice on the processing of the accident for the Renter/Driver and cooperate for settlement thereof.

Article 30.

Measures when Theft Occurs

The Renter/Driver shall take the following measures in the event that he/she is involved in theft or other damage of the Rental Car During Use:

  1. Immediately report to the nearest police;
  2. Immediately report to the Company on the damage situation and follow the Company’s instructions;
  3. Cooperate with the Company and its contracted insurance company for survey of the theft and other damage, and submit documents required by the Company without delay.

Article 31.

Termination of the Rental Agreement due to Non-Usability

  1. In the event that the Rental Car becomes unusable (including non-fulfillment of the standard stipulated by laws, such as the Road Trucking Vehicle Act) due to an accident, theft or other reasons (hereinafter referred to as “Accident, etc.”) During Use, the Rental Agreement shall terminate and the Renter/Driver shall immediately return the Rental Car and accessories to the Company pursuant to provisions of Chapter V herein.
  2. In the case of the preceding paragraph, the Renter shall immediately pay the Company the Unsettled Account or Fuel Settlement Money, if any, pursuant to provisions of Chapter V herein, and assume liability for compensation of damages (including expenses required for repossession and repair of the Rental Car) incurred by the Company pursuant to provisions of Article 27 herein. The Company will not return the rental charge and the CDW fee already received.
  3. If Accident, etc. was caused for reasons not attributable to the Renter, the Driver or the Company, the Company shall return to the Renter the received rental charge and the CDW fee after deducting the rental charge and the CDW fee corresponding to the period from the rental until the end of the Rental Agreement therefrom.
  4. The Renter/Driver may not make any claim against the Company other than those provided for in this article with respect to the damage that may arise due to nonusability of the Rental Car.

Article 32.

Chapter VII Indemnities and Compensation

Article 33.

Indemnities and Compensation for Business Interruption

  1. The Renter/Driver shall, if he/she causes any damages to third parties or the Company During Use of the Rental Car, compensate for the said damage, except where such damages are caused for reasons not attributable to the Renter/Driver.
  2. Of the damages incurred by the Company set forth in the preceding paragraph, those owing to the Company’s inability to use the Rental Car or accessories due to breakdown, defacement or odor of them caused by an accident, theft or for reasons attributable to the Renter/Driver shall be treated as Non-Operation Charge and Idle Vehicle Indemnity (where the vehicle cannot be offered to another customer, as reservation is made during the repair) separately prescribed, and the Renter/Driver shall pay the Company compensation for damage therefor.
  3. In the event that the Renter/Driver causes an accident in breach of the matters provided for in Article 16 (7) (Prohibition of drinking and driving) herein, the Renter/Driver shall not be exempt from his/her liability for whatever reason, and shall pay the Company a penalty of 300,000 yen. If any damages are suffered by the Company due to the said breach, the Renter/Driver shall separately undertake obligation to compensate such damages

Article 34.

Insurance

  1. In the event of an accident involving the Rental Car During Use, insurance claim shall be paid within the limit stated in the special instruction below (hereinafter referred to as the “Coverage Limit”) pursuant to the casualty insurance contract executed by the Company for the Rental Car.

    If the accident involving the Rental Car can be indemnified by the casualty insurance contract taken out by the Renter/Driver on his/her own right, such contract shall be applied in priority to the Company’s casualty insurance contract for the Rental Car.

      【Coverage Limit】

    1. Bodiliy injury liability insurance: Unlimited per person (including the payment by auto liability insurance)
    2. Property liability insurance: Unlimited per accident (Deductible: 100,000 yen)
    3. Automobile passengers’ personal accident insurance: 10 million yen per person
  2. If the discharge set forth in the insurance clause is applicable, insurance claim provided for in Paragraph 1, of this article shall not be paid.
  3. With respect to damages to which insurance claim is not payable or damages in excess of the Coverage Limit, full amount thereof shall be borne by the Renter/Driver.
  4. If the Company has paid the damages payable by the Renter/Driver, the Renter/Driver shall immediately reimburse to the Company the payment made by the Company.
  5. The deductible set forth in Paragraphs 1 and 2 of this article shall be borne by the Renter/Driver.

Article 35.

Chapter VIII Termination

Article 36.

Termination of Rental Agreement

  1. If the Renter/Driver breaches the Terms and Conditions During Use, or if the Renter/Driver falls under each item of Paragraphs 1 or 2 of Article 8 herein, the Company may terminate the Rental Agreement without demand, and request for the return of the Rental Car. In this case, the Renter/Driver shall immediately return the Rental Car and accessories to the Company pursuant to provisions of Chapter V herein, and also immediately pay the Company the Unsettled Account or the Fuel Settlement Money, if any.
  2. In the case of the preceding paragraph, the Company will not return any rental charge and the CDW fee already received to the Renter.

Article 37.

Cancellation upon Agreement

  1. Even During Use, the Renter may cancel the Rental Agreement after having obtained consent of the Company and paid the separately prescribed cancellation fee. In such a case, the Company shall return to the Renter the received rental charge and the CDW fee after deducting the rental charge and the CDW fee corresponding to the period from the rental until the end of the Rental Agreement therefrom.
  2. The Renter shall pay the Company’s prescribed cancellation fee when he/she makes a cancellation set forth in the preceding paragraph.
  3. The Renter/Driver shall immediately pay the Company the Unsettled Account or the Fuel Settlement Money pursuant to provision of Article 21 herein, if any, besides the cancellation fee.

Article 38.

Chapter IX Miscellaneous Provisions

Article 39.

Set-Off

The Company may, if it owes monetary debts to the Renter/Driver under the Terms and Conditions, set off them with monetary debts owed by the Renter/Driver to the Company at any time.

Article 40.

Consumption Tax

The Renter/Driver shall pay the Company the consumption tax (including local consumption tax) to be levied on transactions under the Terms and Conditions.

Article 41.

Delinquent Charge

In the event that the Renter/Driver and the Company fail to perform monetary debts under the Terms and Conditions, the Renter/Driver or the Company shall pay a delinquent charge at the rate of fourteen point six percent (14.6%) per annum to the other party.

Article 42.

Jurisdiction

The parties hereto submit to the exclusive jurisdiction of the District Court or the Summary Court having jurisdiction over the location of main office of the Company and its business office, as well as the location of renting place in the first instance for the settlement of any disputes arising in relation to rights and obligations founded on the Terms and Conditions.

Article 43.

Supplementary Provision

The Terms and Conditions shall be enforced as of the date when permission is given.

Exhibit

others
別紙

Reservation Cancellation charge (cancel charge)

  • After completion of application・・・10% of rental charge
  • Within business hours of 7 days prior to rental reservation date ・ ・ ・ 20% of rental charge
  • Within business hours of 2 to 6 days prior to rental reservation date ・ ・ ・ 30% of rental charge
  • Within business hours of the previous day of rental reservation date ・ ・ ・ 100% of rental charge
  • On rental reservation date・・・・・・・・・・・・・・120% of rental charge

* Cancellation after 18:00 p.m. shall be handled as cancellation on the following day.

Non-Operation Charge

  1. Rental Car
    • Where after self-travelling by the Rental Car, it was not returned to the scheduled return place・・・150,000 yen
    • Where after self-travelling by the Rental Car, it was returned to the scheduled return place・・・100,000 yen
  2. Accessories
    • Non-usable・・・・・・・・100% of purchase price of alternative goods
    • Where requiring repair・・・・・・・・number of days required for repair × rental charge for the relevant goods per day × 50%

Idle Vehicle Indemnity

  1. Rental Car
    • Where rental is not available due to the repair of damaged vehicle・・20,000 yen per day The period of repair shall be the number of days required for repair at the Company’s designated plant.

Cancellation Fee

(Basic charge for the rental period provided for in the Rental Agreement)- (Basic charge corresponding to the period from the rental until the return due to cancellation) ×50%

No-Refund Insurance

Only where you voluntary take out non-refund insurance at the cost of 2,000 yen per day of use, deductible shall be 100,000 yen per accident as to the expense to be incurred for the repair of vehicle damaged by an accident During Use; provided that unless you take out insurance, the actual cost shall be charged.

Handling of Personal Information】

  1. The purpose of the Company’s acquisition and use of personal information of the Renter/Driver shall be as follows:
  2. When acquiring personal information of the Renter/Driver for the purpose other than those set forth in the following, the Company shall clarify the intended use in advance.
    1. To perform, as a business operator authorized to conduct rental car business, the matters obligated as conditions of business license, including, but not limited to, the preparation of the rental car certificate at the execution of the Rental Agreement ;
    2. To provide the Renter/Driver with the Rental Car and services related thereto;
    3. To identify and screen the Renter/Driver;
    4. To give announcements on a Rental Car, used car, or any other merchandise and services handled by the Company as well as various events and campaigns to the Renter/Driver by sending advertising printed matter and e-mail transmission, etc;
    5. To carry out questionnaire survey to the Renter/Driver with the aim of planning/developing merchandise and services handled by the Company, and examining measures for improving customers’ satisfaction; and
    6. To create statistical data processed in the form that cannot identify or specify the individual through statistical aggregation and analysis of personal information.