Terms and Conditions
Chapter 1 General Provisions
Article 1 (Application of the Terms and Conditions)
- The Company shall rent a vehicle ("Rental Car") to the Renter in accordance with the provisions of this Terms and Conditions, and the Renter shall rent such Rental Car from the Company. Particulars not provided in this Terms and Conditions shall be construed in accordance with the bylaws provided in Article 38 of this Terms and Conditions, laws, and general customs.
- The Company may enter into any special contract, provided that it is not contrary to the purport of this Terms and Conditions or the bylaws, the laws, the administrative notices and general customs. In the event special contracts are entered into, such special contracts shall prevail over this Terms and Conditions.
Chapter 2 Reservations
Article 2 (Application for Reservation)
- Provided that the Renter agrees to this Terms and Conditions and the price list, etc. as set forth separately, the Renter can, upon renting the Rental Car, by the method provided separately, make reservations by specifying in advance the class of the Rental Car, the commencement date and time of rental, the renting place, the period of rental, the returning place, the driver's name(s), use or non-use of a child seat or other options, and other rental conditions ("Rental Conditions"). Incidentally, the Company may take reservation via telephone and/or e-mail, the Company shall not be liable for any discrepancy of the contents of the reservation.
- Upon receipt of the reservation from the Renter, the Company shall comply, in principle, with such reservation to the extent that the Rental Car is available for such rental within the vehicles in possession of the Company. In such case, the Renter shall pay a reservation application fee specified separately, unless the Company specifically acknowledge it.
Article 3 (Change in Reservation)
In the event that the Renter desires to change any of the Rental Conditions as described under Article 2 paragraph 1, the Renter must obtain the consent of the Company in advance.
Article 4 (Cancellations of reservation etc.)
- The Renter can cancel the reservation by the method the Company specified separately.
- The reservation shall be deemed to have been cancelled when the Renter does not commence the process of executing a rental agreement for renting a Rental Car ("Agreement") within one hour from the reserved commencement time of rental.
- In the case of the preceding two paragraphs, the Renter shall pay a cancellation fee to the Company as separately stipulated. Upon receipt of the cancellation fee, the Company shall return to the Renter the reservation deposit received.
- If the Agreement of the anticipated Rental Car is not concluded as a result of any occurrence of an accident, theft, non-return, a recall, or natural disaster or any other event, which is not attributable to the Renter or the Company, the reservation shall be deemed to have been cancelled.
- Both the Company and the Renter shall not charge in related to the event that the Agreement is not concluded between the Company and the Renter except otherwise set forth in this Terms and Conditions.
- If the Company does not conclude the Agreement due to its own cause, this Article paragraph 5 shall be applied.
- If the Renter cancels its reservation due to the weather condition (Including Typhoon, snowfall etc.), the Renter shall pay a cancellation fee to the Company as separately stipulated.
Article 5 (Substitute for the Rental Car)
- If the Company is unable to rent a car of the same class that the Renter has reserved, the Company may offer to rent a vehicle of a different class ("Substitute Car Rental").
- If the Renter accepts the offer under the preceding paragraph, the Company shall rent the Substitute Car Rental under the same Rental Conditions offered at the time of reservation other than the class of rental car. If the rental charge for the Substitute Car is lower than that of the car class as reserved, the rental charge for the car class of the Substitute Car shall apply.
- The Renter may refuse to accept the offer for the Substitute Car made in accordance with this Article 5 paragraph 1 and cancel the reservation.
- In the case referred to in the preceding paragraph, if the reason for the Company’s failure to rent the Rental Car is attributable to the Company, the cancellation shall be treated as a cancellation pursuant to Article 4 paragraph 5.
Article 6 (Indemnity)
Except as otherwise stated in Articles 4 and 5 in this Terms and Conditions, the Company and the Renter shall make no claims whatsoever against each other with respect to the cancellation of reservations or the non-conclusion of the Agreement.
Article 7 (Agency for Reservation Business)
- The Renter may make reservations through travel agents, business partners, etc. ("Agent") who handle reservation services on behalf of the Company.
- The Renter who has made reservations through the Agent under the preceding paragraph may apply for change or cancellation of such reservations only through the said Agent.
Chapter 3 Rentals
Article 8 (Conclusion of Rental Agreement)
- The Renter shall specify the Rental Conditions as set forth in Article 2, Paragraph 1, and the Company shall specify the rental condition as set forth in this Terms and Conditions, the price list, etc. before entering into the Agreement, except where there is no car available for the Company to rent or where the Renter or the driver of the Rental Car falls under any of the provisions of Article 9 paragraph 1 or 2.
- Upon the conclusion of the Agreement, the Renter shall pay to the Company the rental charge as set forth in Article 11, Paragraph 1.
- Based on the Basic Instructions issued by the government office (Note1), the Company requires the Renter at the time of the conclusion of the Agreement to present to the Company the driver's license and a copy of the driver's license of the driver(s) designated by the Renter (“Driver”) in order for the Company to make an entry of the name and address of the Driver and type and number of the driver's license (Note2) of the Driver in the rental register (original rental slip) and in the rental car certificate as prescribe in Article 14 paragraph 1. In such case, if the Renter is the Driver, the Renter shall present to the Company the driver's license of driver’s license of the Renter and a copy thereof, and if the Renter is not the Driver, the Driver shall present to the Company the driver's license of the Driver and a copy thereof.
(Note 1) The Basic Instructions issued by the government office refers to Articles 2(10) and 2(11) of "The Basic Instruction concerning Rental Vehicles" issued by the Director of Automobile Traffic Bureau, the Ministry of Land, Infrastructure and Transport on June 13, 1995 as Self Travel No.138.
(Note 2) The driver's license means a driver's license as stipulated by Form 14 of Article 19 of the Execution Rules for the Road Traffic Law out of the driver’s licenses provided in Article 92 of the Road Traffic Law. Additionally, international driving permit or foreign driver's license as stipulated under Article 107-2 of the Road Traffic Law, shall be deemed as quasi-driver's license. - Upon conclusion of the Agreement, the Company may ask the Renter and the Driver to present to the Company other documents for identification in addition to the driver's license, and the Company may take copies of such documents.
- Upon conclusion of the Agreement, the Company may request the Renter and the Driver to report the mobile phone number to contact the Renter and the Driver during the rental period.
- Upon the conclusion of the Agreement, the Company may ask the Renter to make payment by credit card or cash, or other payment methods.
Article 9 (Refusal to Conclude a Contract)
- In the event that the Renter or the Driver falls under any of the provisions set forth below, the Rental Agreement shall not be concluded, and the Company shall cancel the reservation of the Renter.
- If the Driver does not possess a driver's license or the Driver refuse to submit the driver's license and a copy of the driver's license.
- If the Renters and the Driver is deemed to be under the influence of alcohol.
- If the Renter or the Driver deemed to have toxic symptoms due to narcotics, stimulant drugs, thinner, etc.
- If the Renter or the Driver intends to accompany children under the age of 6 notwithstanding the fact the Renter or the Driver fails to install a child seat in the Rental Car.
- If the Company deems that the Renter or the Driver is a member of a crime syndicate or a crime syndicate-related organization, or associated therewith, or a member of other antisocial organizations.
- If the Driver is under the age of 26 years old or with a driver’s license that has been valid for less than a year. Or the Company decided the Driver is not confident about the driving skills of the Driver even a driver’s license has been valid more than a year.
- If the Renter or the Driver violate this Terms and Conditions or the bylaws.
- Others if the Company decide that the Driver is inappropriate.
- In the event that the Renter or the Driver falls under any of the provisions set forth below, the Company shall reserve the right to refuse to conclude the Agreement.
- If the Driver designated at the time of reservation differs from the Driver at the time of the conclusion of the Agreement.
- If the Renter or the Driver fails to comply with the Article8 paragraph 4 and 6.
- If the Renter or the Driver has defaulted on the payment of rental charges with respect to past rental fees.
- If the Renter or the Driver acted in contravention of Article 17 with respect to past rentals.
- If the Renter or the Driver committed any of the acts provided in Article 18 or Article 23, Paragraph1 with espect to past rentals (including rentals from other car rental companies).
- If the Renter or the Driver had automobile insurance coverage refused with respect to past rentals due to any violation of the terms and conditions or the insurance policies.
- If the Renter or the Driver used any violent acts or statements or demanded any burden exceeding a reasonable range against employees or other related parties of the Company in relation to a transaction with the Company.
- If the Renter or the Driver damaged the credit of the Company or interfered with the business of the Company by spreading false information, or by use of fraudulent means or force.
- When the condition specified separately by the Company is not satisfied.
- In the case of the preceding two paragraphs, the reservation shall be deemed to have been cancelled, and if the Renter had paid the cancellation fee, the Company shall return to the Renter the reservation deposit received.
Article 10 (Completion of the Agreement, etc.)
- The Agreement shall be completed when the Renter pays the rental fee to the Company and the Company delivers the Rental Car to the Renter. In such case, the reservation deposit received shall be allotted as part of the rental fee.
- The delivery set forth in the preceding paragraph shall take place at the commencement date and time of rental as specified in Article 2 paragraph 1 and at the renting place as specified in Article 2 paragraph 1.
Article 11 (Rental Fee)
- The Rental Fee shall be the total amount of the following amounts, and the Company shall specify each amount or calculation basis on the price list.
(1) Basic rental fee (2) Collision Damage Waiver (3) Optional fee (4) Fuel charge (5) drop off charge (6) Other charges - The Basic rental fee shall be the rate that has been notified to the Chief of the Local Transport Bureau (if in Hyogo, the Director of the Hyogo Land Transport Division of the Kobe Transport Administration Division. If in Okinawa, the Director of the Land Transport Office of the Okinawa General Bureau. The same shall apply to Article 14 paragraph 1 here in after).
- If the Company revised the rental fee after the reservation has been made in accordance with this Terms and Conditions, the applicable rental fee shall be the rental fee as of the time of the reservation.
- The rental fee shall be set forth in the bylaws.
Article 12 (Changes of Rental Condition)
- If the Renter desires to change the Rental Condition as set forth in Article 8 paragraph 1 after the conclusion of the Agreement, the Renter must obtain the prior consent of the Company.
- The Company may not approve the changes to the Rental Conditions as described under the preceding paragraph if such change interferes with the Company's rental operations.
Article 13 (Inspection and Confirmation)
- The Company shall rent the Rental Vehicle after conducting necessary inspection and maintenance as stipulated in Article 47-2 (Daily Inspection and Maintenance) and Article 48(Periodic Inspection and Maintenance) of the Road Transport Vehicle Law.
- The Renter or the Driver shall confirm that the Rental Car has been inspected and maintained in the preceding paragraph and that the Rental Car is free from defects by inspection of the exterior and the accessories of the Rental Car and also that the Rental car otherwise meets the Rental Conditions.
- In the event that any defects are detected in the Rental Car in the preceding paragraph, the Company shall immediately conduct necessary maintenance, etc.
- The Renter or the Driver shall install a child seat appropriately on its own responsibility and the Company shall not be liable on installing a child seat.
Article 14 (Issuance and Carrying of Rental Certificate, Mobile, etc.)
- At the time of delivery of the Rental Car, the Company shall issue to the Renter or the Driver a rental car certificate of the Rental Car stating the matters set forth by the Director-General of the District Transport Bureau.
- The Renter or the Driver must carry the rental car certificate issued in the preceding paragraph.
- If the Renter or the Driver loses the rental car certificate, the Renter or the Driver shall immediately notify the Company and follow the instruction of the Company.
- The Renter or the Driver shall return the rental car certificate to the Company together with the return of the Rental Car.
Chapter 4 (Use)
Article 15 (Management Responsibilities)
The Renter or the Driver shall have a duty to manage and keep the Rental Car carefully during the period from the delivery until the return of the Rental Car to the Company ("during the period of use”).
Article 16 (Daily Inspection and Maintenance)
The Renter or the Driver must perform the daily inspection and maintenance as stipulated in Article 47-2 (Daily Inspection and Maintenance) of the Road Trucking Vehicle Law, checking the Rental Car on a daily basis before using it, during the period of use.
Article 17 (Prohibited Act)
The Renter or the Driver shall be prohibited from any of the following acts during the period of use the Rental Car.
- To use the Rental Car for the transportation business or similar purposes without the consent of the Company and without permission as required by the Road Transport Law.
- To use the Rental Car for purposes other than specified, or to let a person drive other than the Driver specified on the rental car certificate under Article 8 paragraph 3 or to let a person drive without the approval of the Company.
- To sublet the Rental Vehicle or to deposit it for security or any other acts which would infringe on the rights reserved by the Company.
- To falsify or alter the automobile registration number plate or license number plate of the Rental Car or changing the original condition of the Rental Car by modifying or remodeling it.
- To use the Rental Car for any kind of test or competition, or for towing or pushing any other vehicle without the consent of the Company.
- To use the Rental Vehicle in violation of laws and regulations or against public order and morals.
- To purchase damage insurance for the Rental Car without the consent of the Company.
- To bring the Rental Car out of Japan.
- Damaged or stained the electrical vehicle or chargers due to its inappropriate use.
- To use the Rental car as at Photo sessions or the other events without the consent of the Company.
- Driving under the influence of alcohol.
- To otherwise act in violation of the Renting Conditions of Article 8.
Article 18 (Measures case of Illegal Parking etc.)
- If the Renter or the Driver makes illegal parking pursuant to the Road Traffic Law during the period of use of the Rental Car, the Renter or the Driver shall appear at the police station with jurisdiction over the illegally parked area by himself/herself and immediately pay violation fine for the illegal parking, as well as the charges of towage, storage, pick-up and others in connection with such illegal parking.
- If police notify the Company of the Renter's or the Driver's illegal parking of the Rental Car, the Company shall contact the Renter or the Driver and instruct the Renter or the Driver to move or to collect the Rental Car immediately and also to appear at the relevant police station at the expiration of the rental period or by the specific time instructed by the Company for completion of the legally required procedure, and the Renter or the Driver shall comply. If the police tow the Rental Car, the Company may itself collect the Rental Car from the police at its discretion.
- In the event that the period of rental is exceeded due to the Renter's or the Driver's illegal parking of the Rental Car, the Renter shall pay the additional excess Rental fee.
- After giving instructions to the Renter or the Driver in set forth in the preceding paragraph 2, the Company shall in its sole discretion check the traffic violation notice, payment notice or the receipt of a penalty, etc., and if it is not completed, the Company shall continue to give instructions set forth in the preceding Paragraph 2 to the Renter or the Driver until the procedure is completed. In the event if the Renter or the Drive do not follow such instruction, the Company shall cancel the Agreement without prior notice and reminder and require the Driver to return the Rental Car immediately. Furthermore, the Company shall require that the Renter or the Driver shall report to the police station and sign a specific document ("Acknowledgement Letter") to the effect that the Renter or the Driver admits having illegally parked the Car Rental, and the Renter or the Driver shall comply accordingly.
- If the Company deems necessary, the Company may cooperate with police in pursuit of the responsibility of the Renter or the Driver in connection with the illegal parking, taking such action as submitting to the police the Acknowledgement Letter, the rental car certificate containing personal information. The Company may also take necessary legal measures such as submitting to the Public Safety Commission a letter of explanation, the Acknowledgement Letter, the rental car certificate and other documents set forth in Article 51.4.(6) of the Road Traffic Act and reporting the factual aspects of the illegal parking. The Renter or the Driver shall consent to such actions the Company may take.
- In the event that the Company receives an order for payment of a violation fine for illegal parking set forth in Article 51.4.(1) of the Road Traffic Act and pays such violation fine for illegal parking on behalf of the Renter or the Driver, or the Company pays any expenses for searching the Renter or the Driver or for the relocation, storing, collecting, etc. of the Rental Car, the Company shall claim the following amounts ("Illegal Parking Related Expenses") against the Renter or the Driver. In such case, the Renter or the Driver shall pay the Illegal Parking Related Expenses to the Company on or before the due date designated by the Company.
- Amount equaling the violation fine for illegal parking.
- Penalty for illegal parking separately specified by the Company.
- Expenses for searching the Renter or the Driver or for relocation, storing, collecting, etc. of the Rental Car.
- If the Renter or the Driver is required to pay the penalty, etc. for illegal parking in accordance with this Article paragraph 1, and such the Renter or the Driver does not comply with the Company’s instructions to complete the necessary procedure in accordance with this Article Paragraph 2 or the Company’s request to sign the Acknowledgement Letter in accordance with this Article Paragraph 3, the Company may require that the Renter pay an illegal parking fine separately prescribed by the Company (“Illegal Parking Fine”) to be allotted to the violation fine for illegal parking and the penalty for illegal parking set forth in this Article Paragraph 6.
- If the Renter or the Driver has paid to the Company the entire amount required by the Company in accordance with this Article Paragraph 6, and the order for the payment of the violation fine for illegal parking is rescinded and the Company is refunded the violation fine for illegal parking due to subsequent payment of the penalty for such illegal parking by the Renter or the Driver, filing of prosecution, etc., the Company shall return to the Renter or the Driver the amount equaling the violation fine for illegal parking out of the Illegal Parking Related Expenses already received. The same shall apply if the Company has received the Illegal Parking Fine in accordance with this Article paragraph
Chapter 5 Return
Article 19 (Responsibility for Return)
- The Renter or the Driver shall return the Rental Car and Options to the Company at the specified returning place by the expiration of the rental period.
- If the Renter or the Driver violate the provision set forth in the preceding paragraph, the Renter or the Driver shall pay the excessive rental fee and excessive optional fees to the Company except due to a natural disaster or any other force majeure event. And the Renter shall compensate the Company for all damages caused to the Company if the Renter or the Driver is in violation of the preceding paragraph.
- In the event that the Renter or the Driver fails to return the Rental Vehicle during the rental period due to a natural disaster or any other force majeure event, the Renter or the Driver shall not be liable for the damages arising from such cause. In this case, the Renter or the Driver shall immediately contact the Company and follow the instructions given by the Company.
Article 20 (Confirmation at the time of Return)
- The Renter or the Driver shall return the Rental Vehicle with refilling its fuel etc. in the presence of a representative of the Company. In such case, the Renter or the Driver shall return the car in the same conditions as of the commencement of rental, except for ordinary wear and tear arising from normal use. If such fuel is not refilled, the Renter or the Driver shall pay the fuel cost which based on mileage and calculated by the conversion table specified separately to the Company immediately.
- The Renter or the Driver, at the time of return of the Rental Car, shall confirm that no articles belonging to the Renter or the Driver or any of the passengers have been left behind in the Rental Car. The Company shall not be responsible or liable on any storage etc. regarding article belongings.
Article 21 (Rental Fee for Rental Period Change)
- If the Renter or the Driver extends the rental period in accordance with Article 12 paragraph 1, the Renter or the Driver shall pay the in the following items (“extension fee”) at the time of return.
- Difference between the amount of the extension period of Rental Fee plus excess fee calculated based on original Rental fee specified separately and a paid Rental Fee.
- If the Renter purchased the Collision Damage Waiver, excess Collision Damage Waiver Fee.
- In the event that the Renter or the Driver extends the rental period or changes the returning place due to unavoidable reason, the Renter or the Driver must contact the Company and obtain its consent before the agreed time. If the Renter or the Driver extends the rental period without the consent of the Company, the Renter shall pay extension fee set forth in the preceding paragraph and Penalty Fee (100,000yen) to the Company.
Article 22 (Returning Place etc.)
- If the Renter changes the specified returning place in accordance with Article 12 paragraph 1, the Renter or the Driver shall bear the expenses required for forwarding the Rental Car due to the change of the returning place.
- In the event that the Renter or the Drivers returns the Rental Car to any place other than the specified returning place without the consent of the Company under Article 12 paragraph 1, the Renter shall pay the penalty for changing the returning place specified separately.
Article 23 (Measures to be taken in case of Non-Return)
- In the event that the Renter or the Driver does not return the Rental Car to the specified returning place after the expiration of the rental period, and if the Renter and the Driver fails to comply with the Company's request for return or if the Company determines that the Rental Car is non-returnable because the whereabouts of the Renter is not known or due to other reasons, the Company may take legal measures including the filing of a criminal charge.
- In case of non-return of the Rental Car as provided in preceding paragraph, the Company shall take all necessary measures to locate the Rental Car, including but not limited to, contacting families and relatives of the Renter or the Driver, as well as people in the offices where the Renter or the Driver work, or operating GPS.
- In case preceding paragraph 1 becomes applicable, the Renter or the Driver shall pay excess Rental fee and shall be liable for all damages caused to the Company pursuant to Article 28, and additionally shall bear all the expenses the Company may have to incur for the collection of the Rental Car and for the search of whereabouts of the Renter or the Driver.
- The Company shall deem the Rental Car to be stolen if the Rental Car does not return the specified returning place and the Company is not able to contact the Renter or Driver more than 1(one) day after the expiration of the rental period. In such case, the Company may submit a stolen notification to a competent police station.
Chapter 6 Measures in cased of Malfunctions, Accidents or Thefts
Article 24 (Measures in Case Breakdowns Are Found)
If the Renter or the Driver detects any abnormality or breakdown of the Rental Car during the period of use of the Rental Car, the Renter or the Driver shall immediately discontinue operation and contact the Company and follow the instructions given by the Company.
Article 25 (Measures to be taken in case of Accident)
- In the event that the Rental Car is involved in any accident during the period of use of the Rental Car, the Renter or the Driver shall immediately discontinue operation and take measures required by laws and regulations regardless of whether or not the accident is serious, the Renter or the Driver shall take the following measures.
- Immediately report to the Company on the situation of the accident and follow the instructions given by the Company.
- If the Rental Car is to be repaired based on instructions given by the Company as provided under preceding item, such repair shall be performed at the Company or at the repair facility designated by the Company, unless otherwise the Company agrees.
- Cooperate with the Company and the insurance company with which the Company has entered into a contract in the investigation of the accident, and submit without delay the necessary documents, etc.
- If entering into settlement or other agreement with the counterparty with respect to the accident, obtain prior consent of the Company.
- In addition to taking measures provided in preceding paragraph, the Renter or the Driver shall handle the accident and solve the matter on its own responsibility.
- The Company will advise to the Renter or the Driver with advice on the handling of the accident, and cooperate with the Renter or the Driver in solving the accident
Article 26 (Measures in case of Theft)
The Renter or the Driver shall take the following measures in the event that the Rental Car is stolen or otherwise damaged during the period of use of the Rental Car.
- Immediately report to the nearest police station.
- Immediately notify the Company the situation of the damage, etc. and follow the instructions given by the Company.
- Cooperate with the Company and the insurance company with which the Company has entered into a contract in the investigation of the theft and other damages, and submit without delay the necessary documents, etc.
Article 27 (Termination of the Agreement due to Non usability)
- In the event that the Renter or the Driver is not able to continue using the Rental Car due to accident, theft or any other cause ("Accident etc.") during the period of use of the Rental Car (including when the Rental Car no longer comfort to the law stipulated by the Road Transport Law) the Agreement shall terminate and the Renter or the Driver shall return the Rental Car immediately to the Company set forth in this Terms and Conditions Chapter 5.
- In case of preceding paragraph, the Renter shall pay unpaid Rental fee and unpaid fuel fee and the Renter shall be liable for the damage set forth in this Terms and Conditions Article 28 (including the costs for collection, repair, etc. of the Rental Car) and the Company shall not return to the Renter the rental fee and collision damage waiver fee received. Provided, however, that this shall not apply where the Accident etc. is due to causes not attributable to the Renter, the Driver or the Company, and the Company shall return to the Renter the remaining balance of the rental fee and collision damage waiver fee received after deducting the portion of the rental fee and collision damage waiver fee which corresponds to the period from the commencement of rental to the termination of the Agreement.
- Except for the measures set forth in this Article, the Renter shall make no other claims against the Company with respect to damages or losses arising out of the unavailability of the Rental Vehicle.
Chapter 7 Compensation and Indemnification
Article 28 (Compensation and Business Indemnification)
- In the event that the Renter or the Driver causes damages to a third party or the Company during the period of use of the Rental Car, the Renter or the Driver shall be liable for compensation of such damages except for damages caused by reasons attributable to the Company.
- In the event the Renter is liable for compensation of damages pursuant to the preceding paragraph or the damage resulting from the loss of use of the Rental Car and options due to defacement or odor of the Rental Car, the Renter or the Driver shall compensate the Company as Non-Operating Charge specified separately.
- In the event that the Renter or the Driver cause an accident in violating Article 17 (11) (Driving under the influence of alcohol), the Renter or the Driver shall not be relieved of any obligation and shall pay penalty 300,000yen to the Company. And in case this violation caused the damage to the Company, the Renter or the Driver shall compensate the damage additionally.
Article 29 (Insurance and Compensation)
- In the event that the Renter or the Driver is liable for compensation as stipulated in preceding paragraph1, insurance payment or indemnification payment shall be paid in accordance with the liability insurance contract which the Company has concluded with regard to the Rental Car or the Company's indemnification system, but not exceeding the following limits. If the Renter or the Driver concluded a liability insurance contract on his/her own and its own liability insurance contract may pay compensate caused by the accident, its payment take precedence over the Company’s liability insurance contract.
- Bodily Injury/ Death
Unlimited per person (including automobile liability insurance policy) - Property Damage
Unlimited per accident (Deductible/100,000) - Personal Injury Protection
Maximum ¥30 Million per person
- Bodily Injury/ Death
- The insurance payment or indemnification payment as set forth in this Article paragraph 1 shall not be paid if any of the exemption clauses in the liability insurance or indemnification policy is applicable.
- The Renter or the Driver shall bear any damages for which insurance payment or indemnification payment is not paid, or damages in excess of such insurance payment or indemnification payment as payable under this Article paragraph 1.
- If the Company has paid for the damages to be borne by the Renter or the Driver, the Renter or the Driver shall immediately repay such amount to the Company
- Rental Fee includes insurance fee equivalent of the liability insurance set forth in this Article paragraph 1.
Chapter 8 Cancellation of the Agreement
Article 30 (Cancellation of the Agreement)
If the Renter or the Driver, during the period of use of the Rental Car, violates this Terms and Conditions, or if it falls under any of the cases stipulated in each item of paragraph 1 or paragraph 2 of the Article 9, the Company may terminate the Agreement without any notification or reminder whatsoever and immediately demand that the Renter or the Driver return the Rental Car. In such case, the Renter or the Driver shall pay unpaid fee or unpaid fuel cost to the Company. In this case, the company may not refund the received Rental Fee.
Article 31 (Cancellation with consent)
- Even during the period of use of the Rental Car, the Renter may terminate the Agreement upon obtaining the consent of the Company with paying the cancellation fee specified in the following paragraph. In this case, the Company shall return to the Renter the remaining balance of the Rental Fee and Collision Waiver Fee received after deducting the portion of the Rental Fee and Collision Waiver Fee which corresponds to the period from the commencement of rental to the return of such amount.
- When terminating the Rental Agreement in accordance with preceding paragraph, the Renter shall pay to the Company the following cancellation fee:
Cancellation fee = [(basic rental rate corresponding to the total rental period) - (basic rental rate corresponding to the period from the commencement of rental to the return of such amount)] x 50%.
The Renter or the Driver shall pay immediately to the Company, if exists, unpaid fee or unpaid fuel cost in accordance with Article 21.
Chapter 9 Personal Information
Article 32 (purpose of using personal Information)
- The Company obtains and makes use of personal information of the Renter or the Driver for the following purposes.
- For the purpose of performing the legally required particulars as condition for the business permit, including but not limited to preparing the rental car certificate etc. at the time of conclusion of the Agreement, as an authorized business operator of car renting business pursuant to Article 80.1 of the Road Transport Law.
- (2)For the purpose of introducing rental cars, used cars and other products of the Company, and offering these related services, etc., and notifying the holding of various events and campaigns, etc. through methods such as sending promotional materials and e-mails, etc. to the Renter or the Driver.
- For the purpose of verifying the identification or screening of the Renter or the Driver upon the conclusion of the Agreement.
- For the purpose of carrying out a questionnaire targeting the Renter or the Driver so as to plan and develop the Company’s product and services or to study ways to enhance customer satisfactions.
- For the purpose of statistically collecting and analyzing personal information and preparing statistical data bases customized to a form that is unable to recognize or specify an individual.
- The Company will specify the specific purposes in advance if the Company intends to obtain personal information of the Renter or the Driver for any purpose not stated in any of the items in the preceding paragraph.
Article 33 (Providing personal information to third party)
The Company may provide personal information to third party without consent of the Renter or the Driver pursuant to Act on the Protection of Personal Information Article 23.1. in case of the following:
- Cases in which the handling of personal information is based on laws and regulations.
- Cases in which the handling of personal information is necessary for the protection of the life, body, or property of an individual and in which it is difficult to obtain the consent of the Renter or the Driver.
- Cases in which the handling of personal information is specially necessary for improving public health or promoting the sound growth of children and in which it is difficult to obtain the consent of the Renter or the Driver.
- Cases in which the handling of personal information is necessary for cooperating with a state organ, a local government, or an individual or a business operator entrusted by either of the former two in executing the affairs prescribed by laws and regulations and in which obtaining the consent of the Renter and the Driver is likely to impede the execution of the affairs concerned
Chapter 10 Miscellaneous
Article 34 (Set-off)
In the event that the Company owes any monetary obligation to the Renter or the Driver under this Terms and Conditions, the Company may at any time set-off such monetary obligation against the monetary obligation which the Renter or the Driver owes to the Company.
Article 35 (Consumption tax)
The Renter or the Driver shall pay consumption tax (including local consumption tax) to the Company imposed on the rental transaction under this Terms and Conditions.
Article 36 (Delayed damages)
In the event that the Renter or the Driver or the Company fails to perform any monetary obligation under this Terms and Conditions, the Renter or the Driver or the Company shall pay to the other party a delayed damage at 14.5% per annum.
Article 37 (GPS system and Drive Recorder)
- The Renter and the Driver shall accept to without objection that the Rental Car may be equipped with a global positioning system (“GPS System”) and Automatic Driving Record System (“Drive Recorder”), that current location, traffic route, driving condition etc. of the Rental Car will be recorded on the system and the Company may use such recorded information for the following items.
- To confirm the driving conditions of the Renter and the Driver when necessary for the management of the Rental Car and the Agreement.
- To use for the improvement of the quality of products, services, etc. provided to the Renter, the Driver and other customers marketing analyses for the improvement of customer satisfaction
- The Renter and the Driver shall accept to without objection that, if the Company is required to make disclosure under laws or receives disclosure requests or orders from courts, administrative bodies or other public agencies with respect to the information recorded by the GPS System and Drive Recorder.
Article 38 (By-law)
- The Company may separately prescribe the By-law of these Terms and Conditions, and such By-laws shall have the same effect as this Terms and Conditions.
- The Company shall display the By-law at its rental offices and post them in the brochures, price list etc. issued by the Company. The same shall apply if the Company amend this By-law.
Article 39 (Court of competent jurisdiction)
Should any dispute arise with regard to the rights and obligations under this Terms and Conditions, the competent court shall be the Summary Court having territorial jurisdiction over the main office, branch office or any business office of the Company, regardless of the claimed amount.
Appendix
【Cancellation fee】
・45 days prior to pick-up date……free of charge
・44 to 16 days prior to pick-up date……10% of the total amount
・15 days prior to pick-up date……20% of the total amount
・One day prior to pick-up date and during our business hour……80% of the total amount
・On or after pick-up date……100% of the total amount
Cancel after 6PM(JPT) shall be treated as the following day.
【Non-Operating Charge(NOC)】
(Car rental)
・Driven back to the designated location……¥200,000
・Not driven back to the designated location……¥300,000
(Options)
・Items unable to use……100% of purchase price of substitute item
・Items required to be repaired……100% of repair fee