Terms and Conditions for Renting a Car
Chapter 1 General Provisions
Article 1 (Application of the Terms and Conditions)
We shall lend a rental car (hereinafter referred to as “Rental Car”) to the Renter in accordance with the provisions of these Terms and Conditions, and the Renter shall borrow the same.
Any matters not provided for in these Terms and Conditions shall be governed by laws and regulations and general customs.
2. We may accept special agreements to the extent that they do not contravene the intent of these General Terms and Conditions, laws and regulations, and general customs. In the event that a special agreement is made, that special agreement shall take precedence.
Chapter 2 Reservation
Article 2 (Application for Reservation)
When renting a rental car, the renter agrees to the Terms and Conditions and the fee schedule specified separately, and may apply for a reservation by specifying in advance the type of car, the start date and time of delivery, the place of rental, the period of rental, the place of return, the driver, accessories, whether or not a child seat is required, and other conditions of rental.
2. The reservation request in the preceding paragraph shall be accompanied by the payment of the reservation deposit separately specified.
Article 3 (Change of Reservation)
In the event that you wish to change the terms and conditions of your reservation as outlined in Paragraph 1 of the previous article, you must obtain our prior approval.
Article 4 (Cancellation of Reservation, etc.)
The renter can cancel the reservation with our consent.
2. When the renter, for the renter’s convenience, has not started the procedures for concluding a rental car loan agreement (hereinafter referred to as a “loan agreement”) even 30 minutes or more after the reserved start time of the loan, the reservation is considered to have been canceled.
3. In the case of a web reservation, if the reservation confirmation e-mail from us cannot be replied to the address indicated by the renter, or if the renter cannot be reached by phone, the reservation may be rejected.
4. When the reservation is cancelled or the rental contract is not concluded due to our convenience, we shall convert the application fee that has been received.
5. If the rental agreement is not concluded due to an accident, theft, non-return, recall, natural disaster, or any other matter for which neither the renter nor we are responsible, the reservation shall be deemed to have been cancelled, and in this case we shall return the application fee we have received.
Article 5 (Exemption from Liability)
Neither we nor the renter shall have any claim against each other for the cancellation of the reservation or the failure to conclude the loan agreement, except as provided in Article 4.
Chapter 3 Lending
Article 6 (Conclusion of the Loan Agreement)
The renter shall clearly indicate the terms and conditions of the loan as set forth in Chapter 2, Section 1, and we shall clearly indicate the terms and conditions of the loan through these Terms and Conditions, the Fee Schedule, etc., and shall conclude the loan agreement. However, this excludes cases where there is no rental car that can be rented out, or where the renter or driver falls under any of the items in Article 7, Paragraph 1 or Paragraph 2.
2. When the rental contract is concluded, the renter shall pay us the rental fee as specified in Article 9, Paragraph 1.
3. In accordance with the Basic Notice Concerning Rental Cars issued by the regulatory authority (Jibei No. 136 dated June 13, 1995), we may require the driver’s name, address, driver’s license document and driver’s license number to be posted in the rental register (rental document) and the rental certificate prescribed in Article 12, Paragraph 1, and may also require the submission of a copy thereof. In this case, the borrower shall present his/her driver’s license or submit a copy of it if he/she is the driver, and shall present the driver’s license or submit a copy of it if the borrower and the driver are different.
4. When concluding a loan agreement, we may require the renter and driver to present documents that verify their identity in addition to their driver’s license, and we may take copies of the submitted documents, and the renter and driver shall comply with these requirements.
5. When concluding a loan agreement, we require the renter and driver to notify us of their cell phone numbers and other information that will allow us to contact them during the loan period, and the renter and driver will comply with this request.
6. When concluding the loan agreement, we will charge the renter a separately specified loan fee.
7. The renter can extend the borrowing period after the contract only when our store approves it.
Article 7 (Refusal to Complete the Loan Agreement)
If the renter or the driver falls under any of the following items, the rental agreement may not be completed.
(1) The renter does not present the driver’s license necessary to drive the rental car to be rented, or the driver does not present the driver’s license in spite of our request.
(2) The applicant is found to be under the influence of alcohol.
(3) The driver is found to be under the influence of narcotics, methamphetamine, or paint thinner etc.
(4) The passenger is an infant under six years of age without a child seat.
(5) When the borrower or the driver is recognized as belonging to a crime syndicate, a member or affiliate of a crime syndicate, or other antisocial organization.
2. When the renter or driver falls under any of the following items, we may refuse to complete the loan agreement.
(1) The driver specified at the time of reservation differs from the driver at the time of conclusion of the loan agreement.
(2) There is a fact that the payment of the rental charge has been overdue in the past.
(3) If any of the acts listed in each item of Article 15 has occurred during the past rental period.
(4) When there is any act listed in each item of Article 16 in the past rental (including rental by other rental car business operator).
(5) When there is a fact that the automobile insurance was not applied due to the violation of the terms and conditions of rental agreement or insurance policy in the past rental.
(6) When the renter has committed an act of violence, demanded a burden beyond a reasonable range, or used an act or word of violence against our employees or other related parties in relation to transactions with us.
(7) When a person spreads rumors, uses deception or force to damage the reputation of our store, or interferes with our business.
(8) If the applicant does not meet the conditions otherwise specified.
(9) In any other cases where we deem it inappropriate.
3. In the case of the preceding two paragraphs, when a reservation has been made with the renter, the reservation shall be treated as cancelled, and when the renter pays the reservation cancellation fee, the received application fee shall be returned to the renter.
Article 8 (Formation of Rental Agreement, etc.)
The rental contract shall be deemed to be formed when the renter pays the rental fee to us and we deliver the rental car to the renter. In this case, the reservation deposit already received shall be appropriated as part of the rental fee.
The delivery as set forth in the preceding paragraph shall be made on the date and time of commencement of the rental as set forth in Article 2, Paragraph 1, at the place of rental specified in the same paragraph.
Article 9 (Rental Fees)
The rental fee refers to the total amount of the following charges, and we will clearly indicate the amount of each charge or the basis for calculation in the fee schedule.
(1) Basic Charges
(2) Option fee
(3) Fuel charge
(4) Other charges as prescribed by us.
2. The basic fee shall be based on the fee that we have notified and implemented to the Director of the Transport Branch of the District Transport Bureau at the time of rental of the rental car.
3. In the event that the rental fee is revised after the reservation has been made in accordance with Article 2, the rental fee shall be based on the fee applied at the time of reservation.
Article 10 (Change of Renting Conditions)
When the renter intends to change the renting conditions of Article 6, Paragraph 1 after the conclusion of the rental agreement, the renter shall obtain our approval in advance.
2. We may not approve the change if the change of the renting conditions according to the preceding paragraph interferes with the loan service.
Article 11 (Inspection, Maintenance & Confirmation)
We shall inspect the rental car as specified in Article 48 (Periodic Inspection and Maintenance) of the Road Trucking Vehicle Law and perform the necessary maintenance.
2. We shall perform the inspections and perform the necessary maintenance as specified in Article 47-2 (Daily Inspection and Maintenance) of the Road Trucking Vehicle Law.
3. The renter or the driver shall confirm that the inspection and maintenance of the preceding two paragraphs have been carried out, and that the rental car has no maintenance defects by inspecting the exterior of the vehicle and its accessories based on the inspection table separately specified, and that the rental car meets the other conditions for renting.
4. In the event that any defective maintenance is found in the rental car as a result of the confirmation set forth in the preceding paragraph, we shall immediately carry out the necessary maintenance.
Article 12 (Delivery and Carrying of the Rental Certificate)
When we deliver the rental car, we shall deliver to the renter or the driver the prescribed rental certificate that describes the matters specified by the Director of the Transport Branch of the District Transport Bureau.
2. The renter or driver shall carry the rental certificate issued in accordance with the preceding paragraph while using the rental car.
3. In the event that the renter or driver loses the rental certificate. If the renter or driver loses the rental certificate, the renter or driver shall immediately notify us to that effect.
4. When the renter or driver returns the rental car, the renter or driver shall return the rental certificate to us at the same time.
Chapter 4 Use
Article 13 (Management Responsibility)
The renter or driver shall use and keep the rental car with the care of a good manager during the period from the time the rental car is delivered until it is returned to us (hereinafter referred to as “during use”).
Article 14 (Daily Inspection and Maintenance)
The renter or the driver shall inspect the rental car during use as specified in Article 47-2 (Daily Inspection and Maintenance) of the Road Trucking Vehicle Law before each day of use, and perform the necessary maintenance.
Article 15 (Prohibited Acts)
The renter or driver shall not perform the following acts during use.
(1) To use the rental car for motor vehicle transportation business or similar purposes without our consent or permission based on the Road Transport Law.
(2) To use the rental car for any purpose other than those specified in the rental agreement, or to allow any person other than the driver specified in the rental agreement as described in Paragraph 3 of Article 6 or the person who has obtained our consent to drive the rental car.
(3) To sublet the rental car or to use the rental car as collateral, or to do any other act that may infringe on our rights.
(4) Forging or altering the vehicle registration number mark or vehicle identification number mark of the rental car, or altering the original state of the rental car by remodeling or renovating it.
(5) To use the rental car for any kind of test or competition, or to use the rental car for towing or boosting any other vehicle, without our consent.
(6) To use the rental car in violation of laws and regulations or public order and morals.
(7) To obtain insurance for the rental car without our consent.
(8) Removing the car navigation system, audio system, or other equipment installed in the rental car without our consent, or using the tools installed in the rental car for any other purpose.
(9) Allowing pets to ride with you.
(10) Taking the rental car out of Japan.
(11) Perform any other acts that violate the conditions for renting a car set forth in Article 7, Paragraph 1.
(2) In the case that this Article, Article 16, or Article 22 applies, and there is an act that violates the criminal law, we may initiate legal proceedings.
Article 16 (Measures in the case of illegal parking, etc.)
In the event that the renter or driver illegally parks the rental car in accordance with the Road Traffic Law while using the rental car, the renter or driver shall appear at the police station having jurisdiction over the area where the illegal parking took place, immediately pay the fines, etc. related to the illegal parking, and bear the costs of towing, storage and retrieval, etc. associated with the illegal parking.
2. When we receive a report from the police that a rental car has been parked illegally, we will contact the renter or driver and instruct them to move the rental car or pick it up immediately, and to report to the police station to deal with the violation by the end of the rental period or at a time instructed by us. The renter or driver shall comply with these instructions. In the event that the rental car is moved by the police, we may, at our discretion, pick up the rental car from the police ourselves.
3. After giving the instructions in the preceding paragraph, we shall, at our discretion, confirm the status of the processing of the violation by means of a traffic sales promotion notice or payment slip and receipt, and if the violation has not been processed, we shall give the instructions in the preceding paragraph to the renter or driver until the violation is processed. In addition, we require the renter or the driver to sign a document prescribed by us (hereinafter referred to as the “Letter of Acknowledgement”) to the effect that the renter or the driver acknowledges the fact that the renter or the driver has committed an abandoned parking violation and that the renter or the driver will appear at the police station, etc. and comply with the legal measures as a violator, and the renter or the driver shall comply with this.
4. If we deem it necessary, we will cooperate with the police to hold the renter or driver accountable for abandoned parking violations by submitting documents containing personal information, such as the self-identification form and the rental certificate, and we will also submit to the Public Safety Commission a written explanation, self-identification form, and documents such as the rental certificate, as specified in Article 51-4, Paragraph 6 of the Road Traffic Law. The lessee or driver agrees to this.
5. In the event that we receive an order to pay an abandonment violation fee under Article 51-4, Paragraph 1 of the Road Traffic Law and pay the abandonment violation fee, or in the event that we bear the cost of searching for the Renter or Driver, or the cost of moving, storing, or retrieving the vehicle, we will charge the renter or driver the following amount (hereinafter referred to as “parking violation related costs”). In this case, the borrower or driver shall pay the parking violation related costs by the date specified by us.
(1) The amount equivalent to the parking violation fee
(2) Parking violation penalty specified separately by us.
(3) Expenses required for the search, moving, storage, and retrieval of the vehicle.
6. In the event that the renter or driver is required to pay a penalty fee for illegal parking pursuant to the provisions of Paragraph 1, and the renter or driver does not respond to our instructions to dispose of the violation pursuant to Paragraph 2 or our request to sign a written acknowledgment pursuant to Paragraph 3, we shall apply the penalty fee and the parking violation penalty specified in Paragraph 5. In the event that the renter or driver does not respond to our instructions or to our request to sign a written acknowledgment based on Paragraph 3, we may charge the renter or driver a parking violation fee (referred to as a “parking violation fee” in this section), which we shall separately determine, to be used for the parking violation fee and the parking violation penalty fee as specified in Paragraph 5.
7. In the event that the renter or driver has paid us the amount of money that we have requested based on Paragraph 5, and the renter or driver later pays the parking fines related to the parking violation in question, or the parking fines payment order is cancelled due to a public prosecution being filed, etc., and we receive a refund of the parking fines, we will refund to the renter or driver the amount of money that we have already received. In the event that we receive a refund of the parking violation fee, we shall return to the renter or driver only the amount equivalent to the parking violation fee. The same shall apply in the event that we receive a parking violation fee in accordance with Paragraph 6.
Chapter 5 Restitution
Article 17 (Responsibility for Return)
The renter or driver shall return the rental car to us at the designated return location by the end of the rental period.
2. In the event that the renter or driver violates the provisions of the preceding paragraph, the renter or driver shall compensate us for all damages caused.
3. In the event that the renter or driver is unable to return the rental car within the rental period due to a natural disaster or other force majeure, the renter or driver shall not be liable for any damages incurred by us. In this case, the renter or driver shall immediately contact us and follow our instructions.
Article 18 (Confirmation, etc. at the Time of Return)
The renter or driver shall return the rental car in our presence. In this case, the rental car shall be returned in the same condition as at the time of delivery, except for any parts worn out by normal use.
Article 19 (Loan Charges at the Time of Change in the renting Period)
When the renter or the driver changes the renting period according to Article 10, Paragraph 1, the renter or the driver shall pay the rental fee corresponding to the changed renting period.
Article 20 (Settlement)
The renter or the driver shall immediately pay to us any unaccounted-for amount at the time of return of the rental car.
2. In the event that gasoline or other fuel has not been replenished at the time of return of the rental car, the renter or driver shall immediately pay to us the amount calculated according to our prescribed conversion table.
Article 21 (Return Location, etc.)
When the renter or driver changes the designated return location in accordance with Article 10, Paragraph 1, the renter or driver shall bear the cost of the return trip required by the change in the return location.
2. If the renter or driver returns the rental car to a location other than the designated return location without our consent in accordance with Article 10, Paragraph 1, the renter or driver shall pay the penalty fee for changing the return location as specified below.
Return Location Change Penalty = Cost of return transportation required due to the change of the return location x 300%.
Article 22 (Measures to be taken in the case of non-return)
When the renter or driver does not return the rental car to the designated return location even though the rental period has ended and does not respond to our request for return, or when it is deemed that the rental car has not been returned due to reasons such as the renter’s whereabouts becoming unknown, we will take legal action such as filing a criminal complaint.
2. We will take necessary measures to confirm the whereabouts of the rental car, including interviewing the family, relatives, and employers of the renter or driver, and activating the vehicle location information system.
3. In the event that Paragraph 1 applies, the renter or driver shall be liable for compensation for any damage caused to us pursuant to Article 27, and shall also bear the cost of collecting the rental car and the renter’s or driver’s claim.
Chapter 6 Measures in the Event of Malfunction, Accident or Theft
Article 23 (Measures upon Discovery of Malfunction)
If the renter or driver discovers any abnormality or malfunction of the rental car during use, the renter or driver shall immediately stop driving the rental car, contact us, and follow our instructions.
Article 24 (Measures to be taken when an accident occurs)
In the event of an accident involving the rental car during use, the renter or driver shall immediately stop driving and take the following measures
(1) Immediately report the circumstances of the accident to us and follow our instructions.
(2) In the event that the rental car is repaired in accordance with the instructions given in the preceding item, the repair shall be performed by us or by a factory designated by us, unless otherwise approved by us.
(3) To cooperate with the investigation of the accident by us and the insurance company with which we have a contract, and to submit the necessary documents without delay.
(4) When making a settlement or other agreement with the other party regarding the accident, the borrower must obtain our prior consent.
2. The renter or the driver shall, in addition to taking the measures set forth in the preceding paragraph, handle and resolve the accident on his/her own responsibility.
3. We shall advise the renter or driver regarding the handling of the accident and cooperate with the resolution of the accident.
Article 25 (Measures in the Event of Theft)
In the event of theft or other damage to the rental car during use, the renter or driver shall take the following measures
(1) Immediately report to the nearest police station.
(2) Immediately report the damage to us and follow our instructions.
(3) To cooperate with the investigation by us and our insurance company regarding theft or other damage.
and to submit any requested documents without delay.
Article 26 (Termination of the Rental Agreement due to Inability to Use)
The rental agreement shall be terminated when the rental car becomes unusable due to malfunction, accident, theft, or any other reason (hereinafter referred to as “malfunction, etc.”) during use. In the case of the preceding paragraph, the renter or driver shall bear the costs required to pick up and repair the rental car, and we shall not refund the rental fee already received. However, this shall not apply in the event that the malfunction, etc. is caused by any of the reasons set forth in Paragraphs 2 or 3.
2. In the event that the malfunction, etc. is due to a defect that existed prior to the loan, we will refund the entire amount of the loan fee that we have received.
3. In the event that a malfunction, etc. is caused by a cause not attributable to the renter, the driver, or us, we shall return to the renter the balance of the rental charges received after subtracting the rental charges corresponding to the period from the delivery to the end of the rental contract from the rental charges received.
4. Except for the measures set forth in this Article, neither the renter nor the driver may make any claim against us other than those set forth in this Article for damages arising from the failure to use the rental car.
Chapter 7 Compensation and Indemnification
Article 27 (Compensation and Business Compensation)
In the event that the renter or driver causes damage to a third party or to us while using the rented car, the renter or driver shall compensate for such damage. However, this excludes cases where the damage was caused by reasons attributable to us.
2. Of the damages to us set forth in the preceding paragraph, damages caused by our inability to use the rented car due to an accident, theft, breakdown due to reasons attributable to the renter or driver, defacement of the rented car, odor, etc., shall be subject to a separately set forth non-operation charge, which shall be paid by the renter or driver.
Article 28 (Insurance and Compensation)
In the event that the renter or the driver assumes the liability for damages as set forth in Paragraph 1 of Article 27, the insurance or guarantee money within the following limits will be paid according to the damage insurance contract that we have concluded for the rental car.
(1) Compensation for bodily injury: unlimited
(2) Property damage coverage: unlimited (deductible: 100,000 yen)
(3) Passenger compensation: 50 million yen (only while on board, per person)
(4) Vehicle insurance: Market value (deductible: 100,000 yen)
2. In the event that any of the conditions of the insurance policy or the Collision Damage Waiver is applicable to a reason for exemption, the insurance money or guarantee money specified in Paragraph 1 will not be paid.
3. In the event of violation of the terms and conditions of the rental agreement, the insurance money or compensation money specified in Paragraph 1 will not be paid.
4. The renter or driver shall bear the costs of any damage for which no insurance or deposit is paid and any damage in excess of the amount of insurance or compensation paid pursuant to Paragraph 1. However, if the limit in Paragraph 1 is changed by a special agreement, the renter or driver shall be responsible for any damage that exceeds the limit specified in the special agreement.
5. When we have paid the damages to be borne by the renter or driver, the renter or driver shall immediately reimburse us for the amount we have paid.
6. The renter or the Driver shall bear the cost of any damages equivalent to the insurance deductible specified in Paragraph 1, Item 2.
Chapter 8 Cancellation of the Rental Agreement
Article 29 (Cancellation of the Loan Agreement)
If the renter or driver violates the terms and conditions of this agreement while using the rental car, or if the renter or driver falls under any of the items of Article 7, Paragraph 1, we may cancel the rental agreement without any notice or report, and demand the immediate return of the rental car. In this case, we will not return the rental fee that we have already received to the renter.
Chapter 8 Cancellation of the Charter Agreement
Article 29 (Cancellation of the Loan Agreement)
If the renter or driver violates the terms of this agreement during use, or if the renter or driver falls under any of the items of Article 7, Paragraph 1, we may cancel the rental agreement without any notice or report, and demand the immediate return of the rental car. In this case, we will not return the rental fee that we have already received to the renter.
Article 30 (Cancellation in Midstream)
The borrower may, with our consent, cancel the loan agreement with the payment of the mid-term cancellation fee specified in the following paragraph, even if the vehicle is still in use. In such a case, we shall return to the renter the amount remaining after deducting the rental fee corresponding to the period between the loan and the return from the rental fee received, except in cases where the provisions separately stipulated apply.
2. When the renter cancels the loan as described in the preceding paragraph, the borrower shall pay to us the following cancellation fee.
Cancellation fee = {(basic fee corresponding to the period of the rental contract) – (basic fee corresponding to the period from rental to return)} x 50%.
Chapter 9 Personal Information
Article 31 (Purpose of Use of Personal Information)
The purposes for which we obtain and use the personal information of the renter or driver are as follows
(1) As an operator licensed to operate a rental car business under Article 80, Paragraph 1 of the Road Transport Law, to carry out matters required as a condition of the business license, such as preparing a rental certificate at the time of signing a rental agreement.
(2) To inform the renter or the driver of the introduction of our products, the provision of services related to these products, and the holding of various events and campaigns by sending advertising materials, sending e-mails, and other methods.
(3) To verify the identity of the renter or driver when concluding a loan agreement, and to examine whether or not the loan agreement can be concluded.
(4) To conduct a questionnaire survey of the renter or driver for the purpose of planning and developing our products and services, or for the purpose of considering measures to improve customer satisfaction.
(5) To compile and analyze personal information statistically, and to create statistical data processed in a form that does not identify or specify individuals.
2. In the event that the Company acquires the personal information of a renter or driver for a purpose not specified in each item of Paragraph 1, the Company shall clearly state the purpose of use in advance.
Article 32 (Consent to Registration and Use of Personal Information)
The renter or driver agrees that we will use the personal information for the purpose of use described in Article 31.
2. The renter or the driver agrees that the renter’s or the driver’s personal information, including the renter’s or the driver’s name, date of birth, driver’s license number, etc., may be used by the rental car operator for the examination at the time of the conclusion of the rental agreement in any of the following cases.
(1) In the event that we are ordered to pay an abandonment violation fee pursuant to Article 51-4, Paragraph 1 of the Road Traffic Law.
(2) In the event that we do not receive full payment of the parking violation related fees as stipulated in Article 16, Paragraph 5.
(3) In the event that it is deemed that there has been a non-return as stipulated in Article 22, Paragraph 1.
Chapter 10 Miscellaneous Provisions
Article 33 (Set-off)
We may set off at any time any monetary obligation owed to the renter or driver under these General Conditions of Carriage against any monetary obligation owed to us by the renter or driver.
Article 34 (Consumption Tax)
The renter or driver shall pay to us the consumption tax (including local consumption tax) imposed on transactions based on these General Terms and Conditions.
Article 35 (Late Payment Damages)
In the event that the renter, the driver, or us fails to perform any of its financial obligations under these Conditions of Carriage, the renter, the driver, or us shall pay to the other party a late charge at the rate of 14.6% per annum.
Article 36 (Detailed Regulations)
We may establish detailed regulations for this agreement separately, and such detailed regulations shall have the same effect as this agreement.
2. In the event that we establish separate detailed regulations, we will post them at our business locations and include them in pamphlets, fee schedules, etc. published by us. The same applies to any changes made to these rules.
Article 37 (Agreed Jurisdictional Court)
If any dispute arises regarding the rights and obligations under this agreement, the summary court with jurisdiction over the location of our head office, branch, or business office shall be the court of jurisdiction, regardless of the amount of the lawsuit.
Supplementary Provisions
These terms and conditions shall come into effect from the date of approval.
