Rental Agreement
Rental Agreement.
Chapter 1 General Provisions
Article 1 (Application of the Terms and Conditions)
The Company shall lend a rental vehicle (hereinafter referred to as "rental car") to the Renter in accordance with the provisions of these Terms and Conditions, and the Renter shall rent the vehicle.
All matters not stipulated in these Terms and Conditions shall be governed by law or general practice.
Chapter 2 Reservations
Article 2 (Reservation Application)
When renting a car, the Renter must agree to the terms and conditions and the separately specified fee schedule, and can then make a reservation in a manner separately specified by clearly indicating in advance the vehicle model class, rental start date and time, rental location, rental period, return location, driver,whether or not accessories such as a child seat are required, and other rental conditions (hereinafter referred to as the "Rental Conditions").
Article 3 (Changes to reservations)
If the Renter wishes to change the rental conditions under Paragraph 1 of the preceding Article, he/she must obtain the prior consent of the Company.
Article 4 (Cancellation of reservation, etc.)
The Renter may cancel the reservation in a manner specified separately.
2. If the Renter, due to his/her own reasons, does not commence the procedures for concluding the Rental Car Agreement (hereinafter referred to as the "Rental Agreement") more than one hour after the reserved rental start time, the reservation will be considered canceled.
3 In the cases of the two preceding paragraphs, the Renter shall pay to the Company a reservation cancellation fee as separately specified, and upon payment of this reservation cancellation fee, the Company shall return to the Renter the reservation application fee already received.
4. When a reservation is canceled or the rental agreement is not concluded due to reasons of our company, we will return the reservation application fee already received and pay a penalty as separately specified.
5. If the rental agreement is not concluded due to an accident, theft, non-return, recall, natural disaster, or other reasons not attributable to either the Renter or the Company, the reservation will be considered canceled.
Article 5 (Alternative Rental Car)
If we are unable to rent a car of the class of vehicle reserved by the Renter, we may offer to rent a car of a different class of vehicle than that reserved (hereinafter referred to as an "Alternative Rental Car").
2. If the Renter accepts the offer under the preceding paragraph, the Company will rent a Substitute Rental Car under the same rental conditions as at the time of reservation, with the exception of vehicle class.
3. The Renter may refuse the offer to rent a substitute vehicle under Paragraph 1 and cancel the reservation.
4. If the reason for being unable to rent the vehicle as described in paragraph 1 is due to reasons beyond the Company's control, this will be treated as a cancellation of the reservation as described in Article 4, paragraph 5, and the Company will return any reservation deposit already received.
Article 6 (Disclaimer)
Except as provided for in Articles 4 and 5, neither the Company nor the Renter shall make any claims against each other in relation to the cancellation of a reservation or the non-conclusion of a Rental Agreement.
Article 7 (Reservation Services)
The Renter may make reservations through travel agencies, affiliated companies, etc. (hereinafter referred to as "Agents") that handle reservations on behalf of the Company.
2. A Renter who has made an application to an Agent as described in the preceding paragraph may only apply to that Agent to change or cancel the reservation.
Chapter 3 Rental
Article 8 (Conclusion of Rental Agreement)
The Renter shall clearly indicate the rental conditions, and the Company shall clearly indicate the rental conditions through these terms and conditions, the rate table, etc., and shall enter into a rental agreement, except in cases where there is no rental car available for rental or where the Renter or the Driver falls under any of the items of Article 9, Paragraph 1 or 2.
2. When a Rental Agreement is concluded, the Renter shall pay to the Company the rental fee stipulated in Article 11, Paragraph 1.
3. In accordance with the basic notice from the supervisory authority, in order to enter the driver's name, address, type of driver's license and driver's license number in the rental agreement specified in the rental register, or to attach a copy of the driver's license, the Company will request the presentation of the driver's license of the driver designated by the Renter and the submission of a copy thereof at the time of concluding the Rental Agreement.
4. When entering into the Rental Agreement, the Company may request the Renter and the Driver to submit documents capable of verifying their identity in addition to their driver's licenses, and may take copies of any documents submitted.
5. When entering into the Rental Agreement, the Company will request the notification of mobile phone numbers etc. in order to contact the Renter and the Driver during the rental period.
6. When concluding the Rental Agreement, the Company may request the Renter to pay by credit card or cash, or may specify another payment method.
Article 9 (Refusal to Conclude a Rental Agreement)
If the Renter or the Driver falls under any of the following items, the Rental Agreement will not be able to be concluded.
1. When the driver's license required to drive the rental vehicle is not presented.
2. When it is recognized that you are under the influence of alcohol.
3. When it is recognized that the person is showing symptoms of intoxication due to narcotics, stimulants, paint thinner, etc.
4. When carrying a child under the age of 6 in a vehicle without a child seat.
5. When the person is recognized as belonging to an anti-social organization.
2. If the Renter or the Driver falls under any of the following items, the Company may refuse to enter into the Rental Agreement.
1. When the driver specified at the time of reservation is different from the driver at the time the rental contract is concluded.
2. When there is a history of default in payment of rental fees in a previous rental.
3. When there is a fact that automobile insurance was not applied due to a violation of the rental terms and conditions or insurance terms and conditions.
4. When the conditions specified elsewhere are not met.
3 In the cases of the two preceding paragraphs, the reservation will be treated as having been cancelled, and if payment of the reservation cancellation fee has been received from the Renter, the reservation application fee already received will be returned.
Article 10 (Conclusion of Rental Agreement, etc.)
The rental contract will be concluded when the Renter pays the rental fee to the Company and the Company delivers the rental car to the Renter.
Article 11 (Rental Fee)
The rental fee and the calculation basis for each fee will be clearly indicated by the Company in the fee schedule.
2 The basic charge shall be the charge that the Company has notified to the Director of the Regional Transport Bureau at the time of rental of the Rental Car.
Article 12 (Changes to Rental Conditions)
If the Renter wishes to change the rental conditions after the conclusion of the Rental Agreement, he/she must obtain the prior consent of the Company.
2 If a change to the rental conditions causes an impediment to the rental business, the Company may not approve the change.
Article 13 (Inspection, maintenance and confirmation)
The Company will rent out vehicles that have been inspected and maintained as required by Article 48 of the Road Transport Vehicle Act.
2. The Company will conduct inspections as stipulated in Article 47-2 of the Road Transport Vehicle Law and carry out any necessary maintenance.
Article 14 (Issuance and carrying of rental certificate, etc.)
When the Company hands over the Rental Car, it will issue to the Renter or the Driver a prescribed Rental Certificate which contains the particulars stipulated by the Director of the Regional Transport Bureau.
Chapter 4 Use
Article 15 (Management Responsibility)
The Renter or Driver shall use and care for the Rental Car with the due care of a prudent manager from the time of receipt of the Rental Car until the time of returning it to the Company.
Article 16 (Daily Inspection and Maintenance)
During the period of use, the Renter or Driver must inspect the Rental Vehicle every day before use as stipulated in Article 47-2 of the Road Transport Vehicle Law and carry out any necessary maintenance.
Article 17 (Prohibited Acts)
The Renter or Driver shall be prohibited from engaging in the following acts during the period of use:
1. Using the rental car for automobile transportation business or similar purposes without obtaining approval from our company or obtaining permission under the Road Transportation Act.
2. Using the Rental Vehicle for purposes other than those specified, or having any person other than the driver stated in the rental agreement or any person approved by the Company drive the Rental Vehicle.
3. Engaging in any act that infringes on our rights, such as subleasing the rental vehicle or using it as collateral.
4. Using the Rental Car for various tests or competitions, or for towing or pushing other vehicles without obtaining our consent.
5. Taking a rental car outside of Japan.
Article 18 (Measures in Case of Illegal Parking, etc.)
If the Renter or the Driver parks the Rental Vehicle illegally as defined by the Road Traffic Act during the course of use, the Renter or the Driver shall appear at the police station having jurisdiction over the area in which the illegal parking occurred and immediately pay any fines etc. relating to the illegal parking, and shall bear all costs associated with the illegal parking, such as towing, storage, removal etc.
2 The Company will provide necessary cooperation to the police in pursuing the liability of the Renter or the Driver for illegally parked vehicles by submitting documents including personal information, such as the Declaration of Acknowledgement and the Rental Agreement, to the police.
Chapter 5 Return
Article 19 (Return Responsibility)
The Renter or Driver shall return the Rental Vehicle to the Company at the specified return location by the end of the rental period.
2. If the Renter or the Driver violates the provisions of the preceding paragraph, they shall compensate the Company for all damages caused.
Article 20 (Verification at the time of return, etc.)
The Renter or Driver shall return the Rental Vehicle in the presence of the Company.
Article 21 (Rental Fees When the Rental Period is Changed)
When the Renter or the Driver changes the rental period, he/she shall pay the rental fee corresponding to the changed rental period.
Article 22 (Place of return, etc.)
If the Renter or the Driver changes the designated return location, they shall bear the costs of transportation that become necessary due to the change in the return location.
Article 23 (Measures in the event of non-return)
If the Rental Car is not returned to the designated return location despite the expiration of the rental period, the Company does not comply with the Company's request for return, or if it is deemed that the Rental Car has not been returned due to reasons such as the Renter's whereabouts being unknown, the Company will take legal action, such as filing a criminal complaint.
Chapter 6: Measures to take in the event of breakdown, accident or theft
Article 24 (Measures to be taken when a malfunction is discovered)
If the Renter or Driver discovers any abnormality or breakdown in the Rental Vehicle during use, he/she must immediately stop driving, contact the Company and follow the Company's instructions.
Article 25 (Measures to be taken in the event of an accident)
If an accident involving the Rental Car occurs during use, the Renter or the Driver shall cease driving and take legal measures regardless of the scale of the accident.
Immediately report the details of the accident to our company and follow our instructions.
Article 26 (Measures to be taken in the event of theft)
If the rental vehicle is stolen or suffers any other damage during use, the renter or driver must immediately report it to the nearest police.
Immediately report the details of the damage to our company and follow our instructions.
Article 27 (Termination of Rental Agreement due to Unavailability)
If the rental vehicle becomes unusable during use due to breakdown, accident, theft or other reasons, the rental contract will be terminated.
2 The Renter and the Driver may not make any claims against the Company other than those set forth in this Article for damages arising from the inability to use the Rental Car.
Chapter 7 Compensation and Indemnity
Article 28 (Compensation and business compensation)
If the Renter or the Driver causes damage to a third party or the Company during the use of the Rental Car, the Renter or the Driver shall compensate for such damage, except in cases where the damage is due to reasons attributable to the Company.
Article 29 (Insurance and Security)
When the Renter or the Driver is liable for compensation, insurance or security deposits within the following limits will be paid in accordance with the non-life insurance contract concluded with the Company for the rental car and the compensation system established by the Company.
2 Any damage for which insurance or compensation is not paid and any damage that exceeds the amount of insurance or compensation paid shall be borne by the Renter or the Driver.
Chapter 8 Termination of the Rental Agreement
Article 30 (Cancellation of Rental Agreement)
If the Renter or the Driver violates these terms and conditions during use, the Company may cancel the Rental Agreement without any notice or warning and immediately request the return of the Rental Vehicle. The Company shall not refund any rental fees already received to the Renter.
Article 31 (Termination by consent)
The Renter may cancel the Rental Agreement even during use by paying a cancellation fee set with the consent of the Company.
In such case, the Company will return to the Renter the amount remaining after deducting the rental fee corresponding to the period from rental to return from the rental fee already received.
When cancelling the contract as described in the preceding paragraph, the Renter shall pay the following cancellation fee to the Company:
Cancellation fee = {(basic fee for the rental contract period) - (basic fee for the period from rental to return)} x 50%
Chapter 9 Personal Information
Article 32 (Purpose of Use of Personal Information)
As a licensed operator of a car rental 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 concluding a rental contract.
2 To conduct identity verification and screening of rental applicants and drivers when concluding a rental agreement.
3 To provide services, etc., and to inform you about various events, campaigns, etc., by sending advertisements, e-mails, etc.
4 To conduct questionnaire surveys of Renters or Drivers for the purpose of planning and developing the products and services handled by the Company and considering measures to improve customer satisfaction.
Article 33 (Consent to registration and use of personal information)
The Renter or Driver agrees that his/her personal information, including the Renter's or Driver's name, date of birth, driver's license number, etc., will be registered in the All Japan Rent-A-Car Association system for a period not exceeding seven years.
He/she agrees that this information will be used by the All Japan Rent-A-Car Association and its affiliated regional rent-a-car associations, as well as the member rental car companies, for the purpose of screening when concluding a rental contract.
Chapter 10 Miscellaneous Provisions
Article 34 (Offsetting)
If the Company has any monetary obligations to the Renter or the Driver under these Terms and Conditions, it may offset such obligations at any time against the monetary obligations of the Renter or the Driver to the Company.
Article 35 (Consumption Tax)
The Renter or the Driver shall pay to the Company any consumption tax (including local consumption tax) imposed on the transaction based on these Terms and Conditions.
Article 36 (Late Payment Charges)
If the Renter or the Driver and the Company fail to fulfill any monetary obligation under this Agreement, they shall pay to the other party late payment charges at the rate of 14.6% per annum.
Article 37 (Details)
The Company may separately prescribe detailed rules for these Terms and Conditions, and such detailed rules shall have the same effect as these Terms and Conditions.
2 If the Company prescribes any separate detailed rules, the Company will post them in its business premises and will also include them in pamphlets, price lists, etc. issued by the Company.The same shall apply if the Company makes any changes to these rules.
Article 38 (Agreed Jurisdiction Court)
In the event of a dispute concerning the rights and obligations under these terms and conditions, regardless of the amount of the claim, the jurisdiction shall be the summary court having jurisdiction over the location of our head office, branch office or business office.
Supplementary Provisions
These terms and conditions will come into effect on July 1, 2024.