- With respect to the handling of the application fee for reservation when the Company has refused to conclude the “rental contract” based on the provisions in the preceding Paragraph 1 and Paragraph 2, the provisions in Article 4, Paragraph 3 to 6 shall apply.
Article 10 (Completion of Rental Contract)
- The “rental contract” shall take effect when the “renter” has signed the “rental contract”, and the Company has delivered a “rental car” (including accessories: the same to be applied hereafter) to the “renter”. In this case, the previously paid application fee for the reservation shall be applied to a part of the rental rate.
- The delivery of the “rental car” mentioned in the preceding paragraph shall take place at the place and starting date and time of rental prescribed in Article 2.
Article 11（Rental Rate）
- On completion of the “rental contract”, the “renter” shall pay the rental rate specified in the next paragraph to the Company.
- The rental rate shall be the total of the following amounts:
- Basic rate
- Deductible compensation rate
- Special equipment rate
- One way rate
- Fuel rate
- Vehicle assignment and pick-up rate
- Other rate
- The basic rate shall be the rate that has been notified and registered to the Branch Chief of the Regional Transportation Bureau (hereinafter the same shall apply to Article 14 Paragraph 1) which is in effect at the time of the rental of the “rental car”.
- If the Company revises the rental rate after completion of the reservation prescribed in Article 2, the “renter” shall pay the lower of the rate applied at the time of completion of the reservation and the rate at the time of rental.
Article 12 (Change of Conditions of Rent)
- When changing the conditions of rent specified in Article 8 Paragraph 1 after the conclusion of the “rental contract”, the “renter” must obtain the consent of the Company.
- The Company may not approve the change of conditions of rent as described in preceding paragraph if it interferes with the rental business.
Article 13 (Inspection and Maintenance)
- The Company shall conduct the inspections prescribed in Article 47-2 (Daily Inspection and Maintenance) and Article 48 (Regular Inspection and Maintenance) of the Road Trucking Vehicle Law, and shall rent properly maintained “rental cars”.
- The “renter” or the “driver”, in renting the “rental car”, shall confirm that the “rental car” meets the conditions of rent by inspecting the exterior appearance of the car and accessories based on a separately specified inspection sheet and confirming that the vehicle has not been poorly maintained.
Article 14 (Issuance and Carrying of Rental Certificate)
- When the “rental car” is delivered to the “renter”, the Company shall issue to the “renter” a prescribed rental certificate with such contents as specified by the Chief of the Regional Transportation Bureau.
- The “renter” or the “driver”, during the use of the “rental car”, must carry the rental certificate issued in accordance with the preceding paragraph.
- If the “renter” or the “driver” loses the rental certificate, he/she shall immediately notify the Company regarding the loss of the certificate.
- The “renter” or the “driver” shall return the rental certificate to the company together during the return of the “rental car”.
Chapter 4 Use of Vehicle
Article 15 (Management Responsibilities of Renter)
The “renter” or the “driver” shall use and care for the “rental car” as its proper manager, from the time the “rental car” is received until it is returned to the Company (hereinafter referred to as “during the period of use”).
When using the “rental car”, the “renter” or the “driver” shall comply with laws and regulations, the “Agreement”, Detailed Regulations, instruction manuals and other directions for use presented by the company.
Article 16 (Daily Inspection and Maintenance)
. The “renter” or the “driver” must perform the daily inspection and maintenance prescribed 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）
Licensee or driver shall not do the following acts during use.
- To use rent-a-cars for the automobile transport business or similar purposes without obtaining our consent and permission etc. based on the Road Transport Law.
- To hire a car rental other than the intended use or to drive a person other than the driver stated in the rental certificate under Article 8, paragraph 3.
- To conduct any act that will infringe our rights, such as subleting a rental car or offering it for other collateral.
- To change the original state such as counterfeiting or alteration of a car registration number or vehicle number mark of a rental car or remodeling or refurbishing a rental car.
- To use rent-a-car for various tests or competitions or to use other vehicles for towing or boosting without receiving our consent.
- To rent a car in violation of laws or public order and morals.
- To participate in damage insurance for rent-a-car without receiving our consent.
- To bring rental car outside Japan.
- To do other acts in violation of the contract for negotiations besides the preceding items.
Article 18 （Measures etc. in case of illegal parking etc）
- When a borrower or a driver makes illegal parking pursuant to the Road Traffic Law on rental cars during use, the borrower or driver himself pays the illegal parking charges, etc., and the illegal parking movement accompanying illegal parking, We will cover various expenses such as storage.
- When we receive contact from the police for negligent parking of the rental car, we contact the borrower or the driver, promptly move the rental car, handle it by the time the rental car's borrowing period expires or by our company handling police You shall instruct them to appear at the office and deal with the violation, and the borrower or the driver shall follow it. In addition, we may pick up rental cars from the police themselves at our discretion when car rental is moved by the police.
- In the case set forth in the preceding paragraph, the Company shall confirm the status of the violation processing to the borrower or driver by means of a traffic foul announcement or payment statement, receipt, etc. In the case that it can not be confirmed, it is confirmed that the fact that he / she has violated the neglected parking, the fact that he / she has appeared at the police station, etc. and authorized to comply with the legal measures as a violator (hereinafter referred to as "Authorization Form") You may ask yourself to sign and your borrower or driver will obey it.
- If the Company deems it necessary, the Company shall be able to submit materials such as autographs and rental cards to the police and the Public Safety Commission, and the borrower or driver agrees to this I will.
- The borrower or the driver does not pay the illegal charge or various expenses pertaining to the parking violation within the prescribed period of time, and the Company will not pay the negligence violation money or various expenses related to the parking violation (exploration of the borrower or the driver or receipt of the rental car Including but not limited to the expenses incurred by the Tender Offeror), the Renter shall compensate the Company for any expenses incurred by the Company. In the event that the borrower or driver pays the Company an amount equivalent to negligence, if the Company receives a refund of a negligent offense due to payment of a penalty or penalty fee, We will return the equivalent amount to the borrower or driver.
- When the Company receives an order for payment of non-compliance with nonperformance payment set forth in the preceding paragraph, or when the borrower or driver does not pay the amount requested in the preceding paragraph by the due date specified by the Company, the Company requests the National Car Rental Association of Japan, We will take measures such as reporting unpaid expenses related violation.
Chapter 5 return
Article 19 （Responsibility for return）
- The borrower or driver shall return the rental car to the Company at a predetermined return location upon expiration of the borrowing period.
- When the borrower or driver violates the preceding paragraph, we will indemnify for any damages given to us.
- Renter or driver shall not be held liable for damage caused to us if rental car can not be returned within the borrowing period due to natural disaster or other force majeure. In this case, the borrower or driver immediately contacts us and follows our instructions.
Article 20 （Confirmation at the time of return）
- Renter or driver shall return car rental car in the presence of our company. In this case, except for areas worn by normal use, we shall return it in the state at the time of delivery.
- Upon returning the rental car, the borrower or the driver shall confirm that there is no borrower, driver, or passenger's leftover item in the rental car and return it, and after returning the rental car, We shall not be held responsible for storage.
- The Renter shall complete the liquidation by the time of returning the rental car if there is an undisclosed rental fee etc.
- In addition to the preceding paragraph, at the time of returning the rental car, if the fuel such as gasoline and light oil is not yet filled (not full), the lessee pays the calculated fuel cost according to the price list.
Article 21 （Renting fee at the time of changing the borrowing period）
When the borrower changes the borrowing period according to Article 12 paragraph 1, the borrower shall pay the rental fee corresponding to the renting period after the change.
Article 22 （Returning place etc.）
- When a borrower or a driver changes the prescribed returning location pursuant to Article 12 paragraph 1, the borrower shall bear the expenses for the necessary transfer due to the change of the returning place.
- When the Renter or the driver returns the rental car to a place other than the predetermined return location without receiving the Company's consent under Article 12 paragraph 1, the Renter shall pay the refund place change penalty fee set forth in the following We shall assume. Refund location change penalty fee = expenses required for forwarding due to change of return location × 200%
Article 23 （Measures to be taken in case of non-refund）
- If the Renter or the driver does not return the rental car to the predetermined returning place despite the expiration of the borrowing period and does not respond to our return request or if the location of the borrower is unknown If it is deemed to be non-refundable for reasons such as becoming, etc., in addition to taking legal measures such as criminal complaints, we will take measures such as reporting non-refundable damage to the Japan Car Rental Association .
- When it comes to falling under the preceding paragraph, we will conduct an interview survey to the persons concerned such as the borrower or family members, relatives, workplaces etc of the driver, operation of the vehicle position information system, etc. in order to confirm the location of the rental car We will take necessary measures including including and immediately collect vehicles upon discovery.
- In the event that it falls under paragraph 1, the borrower or driver is liable to compensate for the damage given to the Company pursuant to the provisions of Article 28. In addition to collecting car rental and searching for borrowers or drivers We will bear the cost you will incur.
Chapter 6 Breakdown, accident, theft etc.
Article 24 （Measures to be taken when a fault is found）
When the borrower or driver finds an abnormality or malfunction of a rental car while in use, it immediately stops driving, informs the Company, and obeys our instructions.
Article 25 （Measures to be taken in the event of an accident）
- When an accident pertaining to a car rental occurs during use, the borrower or the driver shall immediately stop driving, take measures in accordance with laws regardless of the size of the accident, and take the following measures.
- Immediately report the accident situation etc. to our company and follow our instructions.
- When repairing a rental car based on the instructions in the preceding issue, do so at the factory designated by us or our company, unless we accept it.
- To cooperate with the investigation of the Company and the insurance company contracted by the Company concerning the accident, and to submit the documents etc. requested without delay.
- When consulting with an opponent concerning an accident or other agreement, obtain our consent in advance.
- In addition to taking the measures set forth in the preceding paragraph, the Renter or the driver shall handle and resolve the accident at its own risk.
- We will advise on the handling of the accident for the borrower or driver and will cooperate in solving the accident.
Article 26 （Measures to take when a theft occurs）
In the event of a car rental theft occurring during use or other damage, the borrower or driver shall take the following measures.
- to notify the nearest police immediately.
- Immediately report the damage situation to us and follow our instructions.
- To cooperate in the investigation of the Company and the insurance company contracted by the Company concerning theft and other damage, and to submit the documents etc. requested without delay.
Article 27 （End of negotiation contract due to unavailability）
- If the rental car becomes unusable due to breakdown, accident, theft or other reason (hereinafter referred to as "malfunction, etc.") during use, the lease contract shall be terminated.
- In the case of the preceding paragraph, the borrower or driver shall bear the expenses required for taking over and repairing the rental car, and the Company shall not refund the received rental fee. Provided, however, that this shall not apply in cases where a failure or the like is caused by the reason specified in paragraph 3 or paragraph 5.
- In the event of a defect or the like caused by a defect existing before lending, the borrower shall be able to receive alternative car rental from the Company. As for conditions for providing alternative car hire, Article 5, paragraph 2 shall apply mutatis mutandis.
- If the borrower does not receive the substitute rental car provided in the preceding paragraph, the Company shall fully refund the received rental fee. The same shall apply when we are unable to provide alternative car hire.
- If a breakdown or the like arises due to reasons unavoidable attributable to either the borrower, the driver or the Company, the Company responds to the period from the borrowed rental fee to the end of the lending contract from the received rental fee We will refund the balance after deducting the rental fee to the borrower.
- With the exception of the measures specified in this section, the Renter and the driver shall not be able to make any claims other than those stated in this section to the Company regarding damage caused by failure to use the rental car.
Chapter 7 Compensation and indemnity
Article 28 （Compensation and compensation for business）
- In the event of damage to a rent-a-car due to an accident, the borrower or driver shall pay compensation to the Company as compensation for compensation during the rental car repair period, separately prescribed damages (loss due to a rest).
- In addition to the provision set forth in the preceding paragraph, the borrower or the driver shall be responsible for compensating for the damage in case of damaging the third party or the company using the rental car. However, except for reasons attributable to our company.
Article 29 （Insurance and compensation）
- When the borrower or driver assumes liability under Article 28, paragraph 1, insurance claims or compensation within the following limits will be paid according to the damage insurance contract entered into by the Company regarding the rental car and the compensation system set by the Company I will.
- Unlimited interpersonal compensation 1 per accident: exemption amount 100,000 yen
- Objective compensation unlimited (1 accident): Exemption amount 50,000 yen
- Passenger failures 10 million yen
- compensation for personal injury 30 million yen (per person)
- Losses shall be borne by the borrower for damage beyond the compensation limit prescribed in the preceding paragraph.
- The indemnity of damage insurance or compensation system shall be borne by the borrower.
- An accident that has not been reported to the police and our sales branch (business office), an accident that occurred either under each item of Article 9 paragraph 1 or each item of paragraph 2 after lending, In case the borrower violates this agreement, the borrower may be unable to receive damage compensation by the damage insurance and our compensation system.
- In addition to the preceding three paragraphs, insurance / compensation prescribed in paragraph 1 shall not be applied if it falls under the insurance policy of non-life insurance policy (in the case of not paying insurance claims), and for these damages all the borrowers I will bear it.
Chapter 8 Cancellation
Article 30 （Cancellation of contract for contract）
When the borrower or the driver violates this agreement during use or when it comes to falling under any of the items of Article 9 paragraph 1, we do not need any notice or demand To cancel the rental contract and immediately request the return of the rental car. In this case, we will not refund the received rental fee to the borrower.
Article 31 （Midway cancellation）
- Even if the borrower is in use, the borrower may cancel the lease contract after paying the cancellation fee specified in the next paragraph with the consent of the company. In this case, we will refund the remaining amount after deducting the rental fee corresponding to the period from lending to refund from the received rental fee to the borrower.
- When canceling the preceding paragraph, the Renter shall pay the Company the following cancellation fee. Mid-way cancellation fee = (Rental charge corresponding to the term of the contract contract [Excluding one-way fee for returning business office (business office) determined at the time of contract of contract] - Rental fee corresponding to the period from lending to cancellation [Excluding one-way fee on actual returning business branch (business office) at the time of cancellation]) × 50%
Chapter 9 Registering and using information
Article 32 (Consent for registration and use such as escape, parking violation
When a Renter or a driver falls under any of the provisions of Article 18, paragraph 6 or Article 23, Paragraph 1, the fact and the information including the name of the borrower or the driver, the address, etc. You agree that you will be registered with the Japan Car Rental Association for a period not to exceed seven years and that information will be used for the Japan Car Rental Association and the member prefectural car hire associations and their member companies.
Chapter 10 Bad rule
Article 33 (Offset)
When there is a monetary obligation to the lessee under this contract, we can cancel the debtor's obligation to the company at any time.
Article 34 (Consumption tax, local consumption tax)
The Renter shall pay to the Company the consumption tax and local consumption tax imposed on the transaction under this contract.
Article 35 (Delayed lump sum)
If the Renter or the Company fails to fulfill the obligation under this Condition, the Company shall pay a delayed amount of damage of 14.6% per annum rate to the other party.
Article 36 (Japanese Statement and English Conditions)
In the event that the Company establishes the English-language agreement, if there is a difference in the contents of the Japanese-language agreement and the English-language agreement, it is based on the Japanese-language clause.
Article 37 (By-law)
- The Company shall be able to specify by-laws of this agreement separately, and the detailed regulations shall have the same effect as this agreement.
- 2．When specifying detailed bylaws separately, we will post it on our business branch (sales office) and describe it in brochures, price lists etc. issued by our company. The same shall apply when we change this.
Article 38 (Handling of personal information)
- Regarding the handling of personal information handled in all businesses and personal information such as employees, we will comply with laws concerning the handling of personal information, guidelines established by the country and other norms.
- In acquiring and using personal information, we will specify the purpose of its use and we will not handle personal information beyond the scope required for achieving the specified purpose of use. In addition, we will take appropriate management measures so as not to use non-purpose purposes.
- We will not provide personal information obtained to third parties except when we are based on laws and regulations, if we have the consent of ourselves.
- When we receive complaints and consultation concerning the handling of personal information, we will promptly investigate factual relationships and so on and respond in good faith within a reasonable period of time.
- In order to properly manage the acquired personal information, we will take systematic, human, physical and technological safety measures measures and work to prevent leakage, loss or damage of personal information and to rectify it.
- Based on changes in social conditions and the environment, we will continuously review the personal information protection management system on personal information protection and improve our efforts to protect personal information.
Article 39 (Agreed jurisdictional court)
Where conflicts arise concerning rights and obligations under this agreement, regardless of the appeal fee, the court of competent jurisdiction shall have a summary court that has jurisdiction over the location of our head office, branch office or branch (sales office).