Article 1.
Chapter I General Provisions
- 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.
- 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
-
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.
-
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
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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.
-
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
- The Renter may cancel the reservation by the Company’s prescribed method.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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
- 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.
- When the Rental Agreement is executed, the Renter shall pay the rental charge
provided for in Paragraph 1, Article 10 herein.
- 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.
- 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.
- 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.
- 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
-
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:
- 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;
- When the Company judges that the Renter/Driver is under the influence of alcohol;
- When the Company judges that the Renter/Driver is under the poisoning symptoms
of narcotics, stimulant drugs, or thinners, etc.;
- When the Renter/Driver has a child under the age of six (6) ride with him/her
although no child seat is fixed;
- 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;
- 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;
- 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
- When the Renter/Driver discredits the Company by spreading rumors or using
fraudulent means or force, or interferes with the Company’s business.
-
If the Renter/Driver falls under any of each item below, the Company may refuse
to execute the Rental Agreement:
- When the Driver specified at the reservation and the Driver at the time of
execution of the Rental Agreement are not the same;
- When the Renter/Driver does not meet the requests set forth in Paragraph 4
through Paragraph 6 of Article 7 herein;
- 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;
- When the Renter/Driver has conducted acts listed in each item of Article 17
herein in the previous rental;
- When automobile insurance has not been applicable in the previous rental;
- When there is no vehicle available for rental; or
- Otherwise when the Renter/Driver fails to fulfill the Company’s prescribed
conditions.
- 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
- 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.
- 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
- 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:
- Basic rental charge
- Collision damage waiver (CDW) fee
- Accessorites usage fee
- Arranged car collection fee
- Other charges prescribed by the Company
- 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
- The Renter shall, if he/she changes the Renting Conditions set forth in Paragraph
1, Article 7 herein, obtain prior consent of the Company.
- 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
- 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.
- 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.
- 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.
- 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
- 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.
- 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”).
- 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.
- 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:
- 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;
- 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;
- Sublet the Rental Car or offer it as collateral or conduct any other acts
which would infringe on the rights reserved by the Company;
- 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;
- 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;
- Use the Rental Car in violation of laws and regulations or public order and
morals;
- Drinking and driving
- Take out non-life insurance for the Rental Car without obtaining consent of
the Company;
- Take the Rental Car out of Japan;
- Use the Rental Car for shooting or events, etc. without obtaining consent of
the Company;
- If the Rental Car is a motorcycle, ride double on it; or
- Conduct acts that violate the Renting Conditions set forth in Article 7
herein
Article 20.
Measures in Case of Illegal Parking
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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
- 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.
- 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
- 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:
- 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
- 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.
- 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
- 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.
- 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
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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
- 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:
- Immediately report to the Company on the circumstances of the accident
and follow the Company’s instructions;
- 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;
- Cooperate with the Company and its contracted insurance company for
survey of the accident, and submit documents required by the Company without
delay.
- For any settlement or arrangements to be made with the adverse party
concerning the accident, prior consent of the Company shall be obtained.
- Besides taking steps set forth in the preceding paragraph, the Renter/Driver shall
process and settle the accident on its own responsibility.
- 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:
- Immediately report to the nearest police;
- Immediately report to the Company on the damage situation and follow the
Company’s instructions;
- 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
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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
- 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】
- Bodiliy injury liability insurance: Unlimited per person (including the
payment by auto liability insurance)
- Property liability insurance: Unlimited per accident (Deductible: 100,000
yen)
- Automobile passengers’ personal accident insurance: 10 million yen per
person
- 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.
- 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.
- 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.
- 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
- 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.
- 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
- 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.
- The Renter shall pay the Company’s prescribed cancellation fee when he/she
makes a cancellation set forth in the preceding paragraph.
- 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
- 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
- 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
- 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】
- The purpose of the Company’s acquisition and use of personal information of the
Renter/Driver shall be as follows:
-
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.
- 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 ;
- To provide the Renter/Driver with the Rental Car and services related thereto;
- To identify and screen the Renter/Driver;
- 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;
- 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
- To create statistical data processed in the form that cannot identify or specify the
individual through statistical aggregation and analysis of personal information.