[2024/06/10 Updated]

Chapter 1 – General Provisions

 

Article 1 (Application of Terms and Conditions)

1.     ICHIOKU COMPANY, LTD. (hereinafter referred to as the “Company") shall rent out a vehicle (hereinafter referred to as “as Rental Car” regardless of a type of the vehicle including, but not limited to, an automobile and a motorcycle) to the Renter, and the Renter shall rent the Rental Car from the Company, all in accordance with the provisions in this Terms and Conditions.  Matters not provided for in this Terms and Conditions shall be governed by relevant laws and regulations, and common practice. 

2.     The Company may enter special provisions to the extent that they do not violate the purport of this Terms and Conditions, laws and regulations, or administrative issuances. If a special provision is made, such provision shall take precedence over this Terms and Conditions.

 

Chapter 2 (Reservations)

 

Article 2 (Making a Reservation)

１．Having consented to this Terms and Conditions and the separately prescribed price list, the Renter may make a reservation, in accordance with the method provided by the Company, clearly specifying in advance the model or vehicle class, rental start date and time, rental location, rental period, return location, the name of the driver, requests for accessories such as helmet and toddler seats, and any other rental conditions (hereinafter referred to as “Rental Conditions”).  The Company accepts reservations by telephone calls and e-mailing, but the Company shall not be liable to the Renter for any discrepancies between the content of the reservation and the actual reservation.

２．In principle, when the Renter has made a reservation, the Company shall offer the Rental Cars for rent in its possession. Upon reservation, the Renter shall make a payment of a separately prescribed reservation fee, unless otherwise approved by the Company.

 

Article 3 (Changes to Reservation)

The Renter must obtain the consent of the Company prior to signing the contract (hereinafter referred to as the “Rental Agreement”) for any changes to the Rental Conditions provided in paragraph 1 of the preceding Article.  No changes shall be accepted within 24 hours of the start time of the tour. 

 

Article 4 (Reservation Cancellations, etc.)

１．The Renter may cancel the reservation by the method prescribed by the Company.

２．A reservation shall be deemed to have been canceled when, due to the Renter’s circumstances, unless otherwise approved by the Company, the procedure for concluding the Rental Agreement has not been commenced within ten (10) minutes of the rental start time indicated in the reservation.

３．In the case of the preceding two paragraphs, the Renter shall immediately pay the Company the reservation cancellation fee (Cancellation Fee) prescribed by the Company. If the Cancellation Fee has been paid when a reservation fee had been paid, the Company shall reimburse the Renter the reservation fee.

４．If the reservation is canceled or the Rental Agreement is not concluded due to reasons attributable to the Company, the Company shall reimburse the Renter the reservation fee.

５．If the Rental Agreement is not concluded due to, including but not limited to, accidents, theft, delayed return by other renters, recalls, natural disasters or any other reasons which cannot be attributed to the Renter nor the Company, the reservation shall be deemed to have been cancelled.

６．The Company and the Renter shall not make any claims against each other when the Rental Agreement was not concluded except as specified in this Car Rental Terms and Conditions.

７．The Company shall not be liable for any damage due to cancellation of such reservation other than the matters stipulated in Article 4.

８．The Company shall not refund the reservation fee when arriving late more than ten (10) minutes from the rental start time.

 

Article 5 (Substitute Rental Car)

1.     If the Company is unable to rent out the Rental Car reserved by the Renter, the Company owns the right to offer another Rental Car of the different vehicle class (hereinafter referred to as "Substitute Rental Car").

2.     If the Renter has agreed to rent a Substitute Rental Car mentioned in the preceding paragraph, the Company shall rent out a Substitute Rental Car under the same Rental Terms and Conditions set at the time of reservation, except for the model or vehicle class.  Under this circumstance, the rental fee for the Substitute Rental Car shall be whichever lower comparing to that of the Rental Car initially reserved.

3.     When the Renter does not agree to rent a Substitute Rental Car under paragraph 1 of this Article, the reservation shall be cancelled.

4.     In the case of the preceding paragraph, if the reason for not being able to rent the car in paragraph 1 of this article is due to a reason attributable to the Company, Paragraph 4, Article 4 of Terms and Condition shall apply, and if it is not attributable to the Company, Paragraph 5, Article 4 of Terms and Conditions shall apply.

 

Article 6 (Disclaimer)

The Company and the Renter shall not make any claims against each other regarding cancellation of the reservation or failure to conclude a Rental Agreement, except as provided in Article 4 of the Terms and Conditions.

 

Article 7 (Reservation Agents)

1.     The Renter may make a reservation through a travel agency or an affiliated company (hereinafter referred to as the "Agency") that handles reservations on behalf of the Company.

2.     The Renter who has made a reservation through an Agency by virtue of the preceding paragraph can only make changes to or cancel the reservation with the concerned Agency, and the change of the reservation must be approved by the Company through the Agency.

 

Chapter 3 (Rental)

 

Article 8 (Concluding a Rental Agreement)

１．The Renter shall specify the rental conditions stipulated in Article 2, Paragraph 1 of the Terms and Conditions, and the Company shall specify the rental conditions, including but not limited to, in the Terms and Conditions and the price list to conclude a Rental Agreement.  However, this excludes cases when any of the items of Article 9, Paragraph 1, or any item of Paragraph 2 applies to the Renter or the Driver.

２．When concluding the Rental Agreement, the Renter shall make a payment to the Company for the rental fees stipulated in Article 11, Paragraph 1 of the Terms and Conditions.

３．Pursuant to the notification of the Ministry of Land, Infrastructure, Transport and Tourism, the Company shall request the Renter or the Driver to present the valid Driver’s License and its copy upon concluding the Rental Agreement, and the Company shall state the driver’s name, address, type of driver’s license and driver’s license number on the rental ledger (rent payment stub) and the rental certificate as provided in Article 14, Paragraph 1 of the Terms and Conditions, or affix a copy of the driver’s license of the Renter or the driver designated by the Renter (hereinafter referred to as the “Driver”).  Under this circumstance, the Renter shall present to the Company his/her own driver’s license if the Renter is the driver, and the Renter shall present the actual Driver’s driving license when the Renter and the Driver are different and submit a copy of the applicable driver’s license.

４．When concluding the Rental Agreement, the Company may request that, in addition to the driver’s license, the Renter and the Driver present and submit a copy of other documents for identity verification purposes. 

５．The Driver must have one of the following valid Driver’s License in order to drive on the road in Japan (Paragraph 2 of Article 64-107 of the Road Traffic Act);

①      Valid Japanese Driver’s License or Japanese SOFA License

②      Valid International Driving Permit (based on the 1949 Geneva Convention)

③      Valid Driver’s License from Belgium, France, Germany, Monaco, Slovenia, Switzerland or Taiwan with an official Japanese translation provided by the Japan Automobile Federation (JAF) or the country’s embassy or consulate in Japan.
When concluding the Rental Agreement, the Company shall request to be notified of the mobile phone number and other numbers to contact the Renter and the Driver during the rental period.

６．When concluding the Rental Agreement, the Company shall request the rental fee payments from the Renter in cash, by credit card, or other payment method, and the Company may specify the payment method.

７．The Renter and the Driver shall agree that if the Company determines a risk of an accident or theft, the Company will take necessary measures, including but not limited to, activation of the GPS tracking device.

 

Article 9 (Refusal to Conclude a Rental Agreement)

１．The Company may refuse to conclude the Rental Agreement and cancel the reservation without rescheduling when any of the following items apply to the Renter or the Driver.  No refunds shall be provided under these circumstances.   

①      When the valid original driver’s license necessary to drive the Rental Car and the original Passport have not been possessed, presented nor submitted to the Company;

②      When the Renter or the Driver does not possess a valid chargeable credit card.

③      When the Company determines that the Driver does not possess enough skills to drive in Japan regardless of having the international driving permit or other valid license;

④      When deemed to be under the influence of alcohol or to be intoxicated by substances such as drugs, stimulants, thinners, etc;

⑤      When travelling with a child under the age of six without a toddler seat;

⑥      When a helmet is not available, or it cannot be worn for any reasons if the Rental Car is a motorcycle;

⑦      When the Driver is under the age of twenty four (24), or when the Driver obtained the first driver’s license within four (4) years or when the Company determines that the Driver does not possess enough skills to drive in Japan regardless the first driver’s license has been obtained more than four (4) years ago;

⑧      When the driving party is consisting of four (4) or more males.  However, this excludes a group of relatives within the second degree, or if the Company has approved the Renter’s request in advance;

⑨      When any participants, including the Renter and the Driver, have been determined to be a member of or involved with a crime syndicate or organization affiliated with a crime syndicate, or a member of some other antisocial organization.  In addition, during the transactions or communications with the Company, when any participants engage in violent acts, use slurs and insults, or make unreasonable demands toward employees and other related parties of the Company;

⑩      When the Renter or the Driver does not possess a car (including kei-car, i.e. minicar, but excluding motorcycles) under his/her own name (including first degree relatives). Or when the Renter or the Driver owns a car, however, the reserved Rental Car is not covered by the Renter’s automobile insurance; or

⑪      When the Company is damaged its credibility, or the business is interfered by disseminating rumors or using fraudulent means, and when the Company reasonably deems the certain rental to be inappropriate.

２．The Company may refuse to conclude a Rental Agreement when any of the following items applies to the Renter or the Driver.

①      When the Driver specified at the time of reservation differs from the Driver at the time of concluding the Rental Agreement;

②      When not complying with Paragraphs 4 to 6 of Article 8 of the Terms and Conditions;

③      When there is evidence of belated payment of the rental fee or any other debts to the Company in past rental transactions;

④      When any of the acts listed in each paragraph of Article 17 of the Terms and Conditions were committed in the past rental transactions;

⑤      When there is evidence that automobile insurance was not applied in past rental transactions;

⑥      When there is no rental car available for rent;

⑦      When other conditions prescribed by the Company have not been fulfilled.

３．In any of the cases provided for in the preceding two paragraphs, when a reservation agreement with the Renter has already been in place, the cancellation of the reservation shall be deemed attributable to the Renter’s circumstances, and the Renter shall immediately pay the Company the reservation cancellation fee prescribed by the Company.  However, the Company shall return the received reservation deposits to the Renter when the Renter pays the reservation cancellation fee.

 

Article 10 (Establishment of Rental Agreement, etc.)

１．Rental Agreement shall come into effect when the Renter has paid the rental fee to the Company and the Company delivers the Rental Car to the Renter. In such case, the received reservation fee shall be applied to a part of the rental fee.

２．The delivery of the Rental Car set forth in the preceding paragraph shall take place at the rental location on the date at the rental start time specified in Paragraph 1 of Article 2 of the Terms and Conditions.

 

Article 11 (Rental Fees)

１．Rental fees shall refer to the total amount of the following fees, and the Company shall clearly state in the price list the amount, basis for calculation, and other details of each fee.

①      Basic fee

②      Deductible Exemption fee

③      Vehicle Compensation Insurance fee

④      Auxiliary fee (accessories/options)

⑤      Car delivery/collection fee

⑥      Other fees prescribed by the Company

２．The basic fee shall be the fee in force the Company has filed with the Director of the relevant District Transport Bureau Branch (including the Director of the Hyogo Land Transport Department of the Kobe Transport Management Department and the Director of the Land Transport Office of the Okinawa General Secretariat; hereinafter the same).  When the rental fees are revised after the reservation has been established pursuant to the Terms and Conditions, the applicable fee shall be the rental fees specified in the price list at the time of the reservation.

 

Article 12 (Changes to Rental Conditions)

１．After concluding the Rental Agreement, the Renter must obtain the consent of the Company in advance when changing the rental conditions in Paragraph 1 of Article 8 of the Terms and Conditions.

２．The Company may not approve the change in the event that the change in the rental conditions under the preceding paragraph interferes with the rental business.

 

Article 13 (Inspection and Maintenance)

１．The Company shall rent out a Rental Car that has undergone the inspections and maintenance provided for in Article 47-2 (Daily Inspection and Maintenance) and Article 48 (Periodical Inspection and Maintenance) of the Road Transport Vehicle Act.

２．The Renter or the Driver shall confirm that the inspection and maintenance described in the preceding paragraph have been carried out, that there is no maintenance defect in the rental car by inspecting the car body and the equipment based on the inspection check list provided by the Company, and that the Rental Car meets other rental conditions.

３．The helmet shall be worn properly by the Renter or the Driver at their own responsibility, and the Company shall not be responsible for any claims regarding to the helmet wear.

４．The child seat shall be properly installed by the Renter or the Driver at their own responsibility, and the Company shall not be responsible for the installation of the child seat.

 

Article 14 (Issuance and Carrying of Rental Certificate, etc.)

１．When the Company delivers a Rental Car, the Company shall issue the Renter or the Driver a rental certificate that indicates items prescribed by the Director of the relevant District Transportation Bureau Branch.

２．The Renter or the Driver shall carry the rental certificate issued in accordance with the preceding paragraph from the time the Rental Car is delivered until it is returned to the Company (hereinafter referred to as "During Use").

３．The Renter or the Driver shall immediately notify the Company and follow the Company’s instructions if the rental certificate has been lost.

４．When returning a Rental Car, the Renter and the Driver shall return the rental certificate to the Company together.

 

Chapter 4 (Responsibilities)

 

Article 15 (General Responsibility)

The Renter or the Driver shall use and store the Rental Car in responsible manner while using the Rental Car. 

                                    

Article 16 (Daily Inspections and Maintenance)

The Renter or the Driver shall, during the rental period, conduct the daily inspections and maintenance work prescribed in Article 47.2 (Daily inspection and maintenance) of the Road Transport Vehicle Act on the Rental Car prior to use each day.

 

Article 17 (Prohibited Acts)

The Renter or the Driver shall not engage in the following acts During Use.

①      Using the Rental Car for the purpose of vehicle transportation business or for similar purposes, without obtaining the consent of the Company and the permit required by the Road Transportation Act.

②      Using the Rental Car for purposes other than those specified in the Terms and Conditions or allowing to drive the Rental Car by a party other than the Driver listed on the rental certificate in Article 14 or a person approved by the Company.

③      Performing any acts that infringe on the rights of the Company, such as subleasing the Rental Car or pledging the Rental Car as collateral to a third party.

④      Forgery or alteration of the car registration number or the vehicle number plate of the Rental Car, or altering the original conditions, including but not limited to, remodeling or modifying the Rental Car.

⑤      Using the Rental Car in any kind of tests or competitions (for example, circuit driving or driving on non-public roads including unpaved roads), or using for towing or pushing other vehicles.

⑥      Using the Rental Car in violation of laws and regulations or public order and morals.

⑦      DUI (Drive Under Influence)

⑧      Enrolling in an insurance against loss for the Rental Car without obtaining the consent of the Company.

⑨      Taking the Rental Car out of Japan.

⑩      Using the Rental Car for photo shooting/videography or taking the car to events without obtaining the consent of the Company.

⑪      When the Rental Car is a motorcycle, riding double is prohibited without prior approval from the Company.

⑫      Engaging in any acts that violate the rental conditions of Article 7 of Terms and Conditions.

 

Article 18 (Measures in Case of Parking Violations)

１．If the Renter or the Driver illegally parks the Rental Car under the Road Traffic Act during the rental period, the Renter or the Driver shall appear at the police station that has jurisdiction over the area in which parking violation took place and immediately pay the fine for the parking violation, responsible for various expenses related to the parking violation, including but not limited to, towing, storing, and pick-up.

２．When the Company receives parking violation report from the police, the Company shall instruct the Renter or the Driver to promptly move the Rental Car and provide instructions for carrying out administrative procedures, such as appearing at the jurisdictional Police Station not later than the time of returning the Rental Car or the time indicated by the Company and the Renter and the Driver handle the violation accordingly and comply with the instruction.  Furthermore, if the Rental Car is moved by the police, the Company may take the Rental Car from the police at the Company’s sole discretion.

３．In the case of the preceding paragraph, if the Rental Car is returned after the lapse of the rental period, the Renter shall pay separate rental fees for the excess period.

４．After giving the instructions in Paragraph 2 of Article 18, the Company shall, at its sole discretion, check the status of administrative procedures handled by the Renter or the Driver for the Parking Violation by examining, including but not limited to, traffic violation notices, payment slips, and receipts. If the Renter or the Driver has not been complying with the request, the Company shall repeatedly instruct the Renter or the Driver to comply with the preceding paragraphs until the violation process is completed.  Furthermore, if the Renter or the Driver does not follow the instructions of the preceding paragraphs, the Company may cancel the Rental Agreement without any notices or demands and immediately request the return of the Rental Car.  Alternatively, the Company shall request the Renter or the Driver to sign a document (hereinafter referred to as "Acknowledgement Letter") prescribed by the Company in which the Renter and the Driver attests to have appeared at the Police Station, the fact of the parking violation and compliance with legal measures as an offender with which the Renter or the Driver shall comply. 

５．If reasonably deemed necessary by the Company, the Company may submit documents containing personal information, including but not limited to, the Acknowledgement Letter and Rental Certificate to the police in order to pursue responsibility for parking violations against the Renter or the Driver.  In addition to adequately cooperating with the authority above, the Company owns the right to submit documents, including but not limited to, the written plea, the Acknowledgement Letter and the Rental Certificate provided for in Paragraph 6 of Article 51-4 of the Road Traffic Law to the Public Safety Commission, and report the facts to the Authority.

６．If the Company receives an order to pay the abandonment fine for parking violations under Paragraph 4 of Article 51-4 of the Road Traffic Act and the Company remits such payment, or if the Company incurs expenses to locate the Renter or the Driver or remove, store, or recover the Rental Car, the Company shall demand the amount of said expenses from the Renter.  In such a case, the Renter shall pay the expenses related to the parking violations by the deadline specified by the Company (if payment is not made by the due date, the Renter’s credit card may be charged an amount equivalent to the expenses paid by the Company).  In case that the Renter or the Driver has paid the Company the amount demanded by the Company, and when the order to pay the abandonment parking violation fee has been revoked due to the Renter paying the fine for the parking violation or a public action that has been filed against the Renter, and the Company receives a refund of the parking violation fine, the Company shall refund to the Renter only the amount equivalent to the parking violation fine which have already been paid to the Company. 

７．If the Company receives an order to pay the fine for parking violation as set forth in the preceding paragraph, or if the Renter or the Driver fails to pay the amount as set forth in the preceding paragraph by the date specified by the Company, the Company may subsequently refuse to rent a rental car to the Renter or the Driver.

 

CHAPTER 5 (Return)

 

Article 19 (Responsibility to Return the Rental Car)

１．The Renter or the Driver shall return the rental car and equipment to the Company at the designated return location (or at the specified location when the return location is changed in accordance with Paragraph 1 of Article 12 of Terms and Conditions) by the end of the rental period.

２．When the Renter or the Driver violates the preceding paragraph, the Renter or the Driver shall pay the rental fee corresponding to the period from the expiration of the rental period to the return of the Rental Car and equipment, except when the violation is caused by a natural disaster or other force majeure.  Furthermore, when the Company suffers any damages due to a violation of the preceding paragraph, the Renter shall compensate for all such damages.

３．If the Renter or the Driver is unable to return the Rental Car and equipment by the end of the rental period due to a natural disaster or other force majeure events, the Company shall not hold the Renter liable for any damages incurred as a result thereof.  In such a case, the Renter or the Driver shall immediately contact the Company and follow the Company’s instructions.

 

Article 20 (Checks Upon Return, etc.)

１．The Renter or the Driver shall fill up the tank with gasoline or other fuel and return the Rental Car and equipment in the presence of the Company.  The Renter or the Driver shall return the Rental Car in the same condition as at the time of commencement of the rental except in cases of deterioration due to normal daily use.  Alternatively, the Renter or the Driver may pay the Company an amount equivalent to the price for refueling the tank as stated in Paragraph 2 of Article 22 of Terms and Conditions.

２．When returning the Rental Car, the Renter or the Driver shall, at his/her own responsibility, confirm that there are no items left behind in the Rental Car that belong to the Renter, the Driver, or the Passengers.  The Company shall have no liabilities for lost items after returning the Rental Car. 

 

Article 21 (Rental Period Extension Fee and Return Location)

1. When the Renter and the Driver extends the rental period pursuant to Paragraph 1 in Article 12 of Terms and Conditions, the total amount of the following items (hereinafter referred to as "Extension Fee") shall be paid to the Company when returning the Rental Car.

①      The difference between the rental fee during the extension period and the original rental period plus the excess charge prescribed by the Company and the rental fee already paid by the Renter.

②      When the Renter purchases Deductible Protection Insurance at the time of concluding the Rental Agreement, the difference between the insurance fees during the extension period and the insurance fee already paid by the Renter.

2. If the Renter or the Driver extends the rental period or changes the return location due to unforeseen reasons, the Renter or the Driver must contact the Company before ending the rental period and shall obtain an approval from the Company.  The Renter or the Driver shall agree to pay, including but not limited to, the cost incurred by the Company necessary to transfer the Rental Car due to the change of the return location.  In case of returning the Rental Car without obtaining a consent from the Company before the rental period ends, the Renter shall pay a penalty (100,000 yen) in addition to the extension fees specified in the preceding paragraph and the car transfer fees, etc.

 

Article 22 (Settlement)

１．If there are any outstanding rental or other fees (hereinafter referred to as “Outstanding Fees), including but not limited to, extension fees and return location change penalties at the time of returning the Rental Car, the Renter or the Driver shall immediately pay the outstanding balance to the Company.

２．When the Rental Car is returned and the tank is not filled with fuel such as gasoline, the Renter shall immediately pay the Company a refueling fee calculated according to the conversion table in accordance with the distance traveled (hereinafter referred to as “Refueling Fee”).

 

Article 23 (Measures for When the Rental Car is Not Returned)

１．When the Renter or the Driver does not return the Rental Car and equipment at return location after the expiration of the rental period and does not respond to the Company’s demands for its return, or when the Rental Car is considered to have been stolen and when the whereabouts of the Renter are unknown, the Company shall take legal actions such as civil and criminal prosecutions.

２．In the case of the preceding paragraph, the Company shall contact the Renter’s or the Driver’s family, relatives, and employers, etc., to investigate about the whereabouts of the Rental Car and equipment.  Additionally, the Company shall take any necessary measures, including but not limited to, the activation of the vehicle location information system.

３．In the case of paragraph 1 of this article, the Renter or the Driver shall pay the rental fee during the period to recover the Rental Car and the equipment after the end of the initial rental period.  In addition, the Renter or the Driver shall be liable for compensation for damages (including but not limited to the expenses required for searching and recovering the Rental Car and searching for the Renter and the Driver) suffered by the Company in accordance with the provisions of Article 28 of Terms and Conditions.

４．If the Renter or the Driver does not return the Rental Car on the expiration date of the rental period and the Company is unable to contact the Renter or the Driver, the Rental Car shall be considered stolen by the Renter or the Driver.  In this case, the Company shall submit a theft report to the local police station and file a criminal prosecution.

 

Chapter 6 (Measures for Malfunctions, Accidents or Theft)

 

Article 24 (Measures for Malfunctions)

１．When any abnormalities or defects are discovered in the Rental Car during the rental period, the Renter shall immediately stop driving, inform the Company, and follow the Company’s instructions.

２．When the abnormalities or defects specified in the preceding paragraph is caused by the Renter’s or the Driver’s willful misconducts or negligence, the Renter or the Driver shall be liable for any damages suffered by the Company (including but not limited to, the costs required to pick up and repair the Rental Car) in accordance with Article 28 of Terms and Conditions. 

３．When the abnormalities or defects found on the Rental Car is due to a defect that existed prior to the commencement of the Rental Car, the Company shall provide the Renter with an alternative Rental Car.

４．When the Renter does not accept an offer to rent a substitute car, or when the Company is unable to provide a substitution, the Rental Agreement shall be terminated, and the Company shall return the rental fee and the Deductible Exemption fee paid by the Renter after deducting fees equivalent to the period from the rental commencement up to the termination of the Rental Agreement.

５．If the abnormalities or defects found on the Rental Car is not caused by willful misconducts or negligence of the Company, the Renter shall not hold the Company liable for any damages incurred as a result of such malfunctions.

 

Article 25 (Measures for Accidents)

１．When an accident involving the Rental Car occurs during the rental period, the Renter or the Driver shall immediately stop driving, take measures provided for in laws and regulations and shall handle the situation in accordance with the provisions below regardless of the seriousness of the accident.

①      Immediately inform the Company the details of the accident and follow the Company’s instructions.

②      When repairing the Rental Car based on the instructions in the preceding item, the car, unless obtained a prior approval from the Company, shall be repaired by the Company or at the repair shop authorized by the Company. 

③      Promptly submit documentation or evidence and cooperate with an investigation by the Company and the insurance company contracted by the Company in relation to the accident.

④      Obtain prior approval from the Company when settling or reaching agreements with a third party in relation to the accident.

２．In addition to taking the measures set forth in the preceding paragraph, the Renter or the Driver shall handle and resolve the accident on their own responsibility.

３．The Company shall provide the Renter or the Driver advice on handling the accident and shall cooperate to resolve the situation.

 

Article 26 (Measures for Theft)

The Renter or the Driver shall take the following measures if the Rental Car has been stolen or damaged during the rental period.

①      Immediately report to the nearest police station.

②      Immediately report the state of the damage to the Company and follow the Company’s instructions.

③      Promptly submit documentation or evidence and cooperate with an investigation by the Company and the insurance company contracted by the Company in relation to the theft or the damage.

 

Article 27 (Termination of Rental Agreement Due to Unusable Condition)

１．When the Rental Car can no longer be used due to an accident, theft, or other reasons (hereinafter referred to as "Accidents, etc.") during the rental period (including when the Rental Car no longer satisfies the standards stipulated in laws and regulations such as the Road Transport Vehicle Act), the Rental Agreement shall be terminated, and the Renter or the Driver shall immediately return the Rental Car and equipment to the Company in accordance with the provisions of Chapter 5 of Terms and Conditions.

２．In the case of the preceding paragraph, when the Renter owes any outstanding balances or fuel settlement fees, the Renter shall immediately pay to the Company in accordance with the provisions of Chapter 5 of the Terms and Conditions, and shall compensate the Company for any damages suffered by the Company (including but not limited to, the costs required for recovering and repairing, etc.) pursuant to the provisions of Article 28, and the Company shall not refund the rental fee and the Deductible Exemption fee that have already been paid by the Renter.

３．If Accidents, etc. occurs due to the reasons not attributed to the Renter, the Driver, or the Company, the Company shall refund to the Renter the balance thereof remaining after deducting the rental fees and the Deductible Exemption fee corresponding to the period from the actual handing over of the Rental Car to the release of the Rental Agreement.

４．Except for the measures stipulated in this article, the Renter or the Driver shall not claim against the Company for any damages caused by not being able to use the Rental Car other than those stipulated in this article.

 

 

Chapter 7 (Compensation)

 

Article 28 (Compensation and Compensation for Business Interruption)

１．When the Renter or the Driver damages a third party or the Company during the rental period, the Renter or the Driver shall compensate for the damages. However, this excludes cases due to reasons not attributed to the Renter or the Driver.

２．Among the damages suffered by the Company in the preceding paragraph, when the Rental Car or equipment cannot be used by the Company due to accidents, theft, malfunctions, stains, odors, etc. due to reasons attributable to the Renter or the Driver, the Renter or the Driver shall pay compensation for damages to the Company as a Non-Operation Charge specified separately.  Furthermore, the Renter or the Driver shall be liable for compensation separately for damages if the Company incurs damage beyond the coverage of Non-Operation Charge.

３．When the Renter or the Driver commits acts in violation of the item in Article 17 (7) (Prohibition of Driving Under Influence) and causes an accident, the Renter or the Driver shall not be exempt from liability for compensation with or without any reasons and shall pay JPY 300,000 to the Company as a penalty.  Additionally, if the Company suffers damage as a result of such violation, the Renter or the Driver shall be liable separately for compensation for such damage.

 

Article 29 (Insurance)

１．The Company shall pay the Renter, within the limit described below (hereinafter referred to as the “Compensation Limit”), the compensation for damages borne by the Renter for an accident during use according to the damage insurance contract subscribed by the Company for the Rental Car. However, when the insurance benefit subscribed separately by the Renter or the Driver can cover the compensation for the accident, this individual insurance shall be applied before the damage insurance subscribed by the Company is used.

 

[Compensation Limit]

①    Bodily Injury Compensation: No Limit per person (including automobile liability insurance)

②    Property Damage Compensation: No Limit per accident

③    Personal Injury Compensation: Up to JPY 30,000,000 per person

④    Vehicle Damage Compensation: Market Value per accident

 

２．Insurance benefits or compensation prescribed in Paragraph 1 of this Article shall not be paid if exclusions in the insurance contract or the compensation system apply.

３．Damages for which insurance is not paid and damages that exceed the compensation limit will be borne by the borrower or driver in full.

４．When the Company has paid for damages attributed to the Renter or the Driver, the Renter or the Driver shall immediately reimburse the Company for the amount paid by the Company.

５．The deductible in paragraph 1 or 2 of this article shall be charged to the Renter or the Driver.  However, when the Renter subscribes to the Deductible Protection Plan at the time of concluding the Rental Agreement and pays the Deductible Exemption fee, the Company shall bear the deductible payment unless the following accidents occurred; when there is an accident that has not been reported to the police or to the Company, when the insurance does not cover for an accident, when there are accidents that violate Items 1 through 4 in Paragraph 1 of Article 9 or any Item of Article 17, or when there is an accident that occurred after extending the rental period without the Company’s permission.

６．The Renter or the Driver may be liable for the full amount, when the insurance company deny the compensation when the Renter or the Driver drives the Rental Car on non-public roads (circuits, etc.), on unpaved roads and in car races, and when negligence in reckless driving is found during the rental period. 

７．The premium of the damage insurance stipulated in paragraph 1 is included in the rental fee described in Article 11 of Terms and Conditions.

 

 

Chapter 8 (Cancellation)

 

Article 30 (Cancellation of Rental Agreement)

１．If the Renter or the Driver has violated these Terms of Use while using the Rental Car or meets any of the descriptions enumerated under any items in Paragraph 1 or 2 of Article 9, then the Company may, with no notice or warning, release the Rental Agreement and immediately demand the return of the Rental Car and equipment in accordance with the provisions of Chapter 5 of Terms and Conditions.  At the same time, if there is an unpaid fee or fuel settlement fee, the Renter or the Driver shall immediately pay the balance to the Company.

２．In the case of the preceding paragraph, the Company shall not refund any received rental fee, Deductible Exemption Fee, etc. to the Renter.

 

Article 31 (Termination with Consent)

１．The Renter shall be able to cancel the Rental Agreement during rental period after obtaining the Company’s consent and paying a cancellation fee stipulated separately. In this case, the Company shall refund the balance thereof remaining after deducting the rental fee and the Deductible Exemption fee corresponding to the period from the actual handing over of the Rental Car to the Renter to the time of returning the Rental Car and equipment. However, the Company shall not refund the rental fee in the case of cancellation within 24 hours from the time of rental.

２．When terminating the Rental Agreement as set forth in the preceding paragraph, the Renter shall pay a cancellation fee prescribed by the Company.

３．In addition to the cancellation fee, the Renter or the Driver shall immediately pay the Company any balance in accordance with the provisions of Article 22 of Terms and Conditions if there are unpaid fees or fuel settlement fees.

 

Chapter 38 (Miscellaneous Provisions)

 

Article 32 (Offsetting)

When the Company bears monetary obligations to the Renter or the Driver pursuant to this Agreement, the Company may, at any time, offset such monetary obligations with the rental fees and other monetary obligations the Renter or the Driver bears to the Company.

 

Article 33 (Consumption Tax)

The Renter or the Driver shall pay the Company the consumption tax (including local consumption tax) taxable on the transaction based on the Agreement.  Consumption tax shall be applied at the tax rate at the time the Renter makes payment to the Company.

 

Article 34 (Late Payment Charges)

In the event that the Renter or the Driver and the Company fails to perform the monetary obligations under the Agreement, late payment charge of 14.6% per annum shall be paid to the other party.

 

Article 35 (Governing Law, etc.)

１．The governing law shall be the Japanese Law (including but not limited to, related laws, regulations, administrative notices, etc.; hereinafter referred to as "Japanese Law, etc.").

２．Matters not stipulated in Terms and Conditions shall be governed by Japanese Law.

３．This Terms and Conditions has been executed in the Japanese text with the English translation.  In the event that there arise any doubts or controversies between English and Japanese expression, the Japanese text shall prevail.

 

Article 36 (Detailed Regulations)

１．The Company may separately prescribe detailed regulations for Terms and Conditions without prior notice, and such detailed regulations shall have the same force and effect as Terms and Conditions.

２．When detailed regulations have been prescribed separately, the Company shall display the regulations at the office and describe such regulations in the brochure, website, price list and other materials issued by the Company. The same shall apply when detailed regulations are changed.

 

Article 37 (Court of Competent Jurisdiction)

When a dispute concerning rights and obligations under this Terms and Conditions and the Rental Agreement, the court of first instance with exclusive competent jurisdiction shall be the district court or summary court that has jurisdiction over the location of the Company’s head office, the business office, or the rental location.

 

Article 38 (Supplementary Provisions)

Terms and Conditions shall come into effect from the date on which the Company receives permission to operate a rental car business.

END

 

 

 

 

Supplement

 

[Reservation Cancellation Fee (Cancellation Fee)] * When notified after 6 pm in Japan time the request will be treated in the next day. (Calculated based on Japan Standard Time)

①      14 days or more before the scheduled date of use: free of charge

②      4 to 13 days before the scheduled date of use: 30% of the rental fee

③      2 days to 3 days before the scheduled date of use: 50% of the rental fee

④      The day before or on the day of the scheduled date of use: 100% of the rental fee

 

[Non-Operation Charge]

The Company shall charge the Renter when the Rental Car is returned with damage to cover the period of repair when the car is not available for rental.  The insurance stated in Article 29 shall not cover this charge.

①    Rental Car

l   scratch/dent on any body parts of the car including rims – 150,000 yen

l   scratches/dents on any body parts of the car including rims – 300,000 yen

l   Mechanical/Component damage rendering the vehicle unsafe to drive – 600,000 yen

 

②     Accessories/Equipment

l   Returned in Unusable Condition: 100% of actual cost of the replacement

l   Returned, but needs repairs: number of days for repairing x rental fee per day x 50%

 

【Other expenses】

①     Repair fee
When repairs to the exterior or interior are required, 100% of actual repair fees will be charged.

 

②     Inoperative Compensation
When the Rental Car is unable to rent or use due to exterior or interior repairs, the following compensation fee will be charged as part of the business compensation.
Business Compensation: JPY 20,000 / day

 

[Cancellation fee]

(Basic fee for the rental period specified in the rental contract) – (Basic fee corresponding to the period from rental to termination) x 50%

 

[Handling of personal information]

1.       The purpose for which the Company acquires and uses the personal information of the Renter or the Driver is in the following items.  When acquiring the personal information of the Renter or the Driver for purposes other than those specified below, the purpose of use will be informed in advance.

①      As a licensed rental car business operator, the Company must comply with the rule required by the authority, including but not limited to create a Rental Certificate at the time of concluding a Rental Agreement.

②      For providing a Rental Car and related services to the Renter or the Driver

③      For verifying and examining the identity of the Renter or the Driver

④      For marketing about a Rental Car, used cars, other products and services handled by the Company, as well as various events, campaigns, etc. by sending advertising printed materials, e-mails, etc.

⑤      For conducting surveys for the purpose of planning and developing products and services handled by the Company, or for improvements of customer satisfactions.

2.       If any of the following items apply, the Renter or the Driver shall agree that personal information, including but not limited to, the name, date of birth, driver’s license number, passport information and other information of the Renter or the Driver shall be registered for a period not exceeding seven (7) years by the Company, and the Company shall implement data anonymization so that such information will not be aggregated statistically, analyzed and used to identify the individual.

①      When the Company has been ordered to pay the abandonment fine provided in Paragraph 1, Article 51-4 of the Road Traffic Act.

②      When the full amount of expenses for parking violations as stipulated in Article 18 has not been paid to the Company.

③      When the vehicle is deemed to be unreturned as stipulated in Article 23.

④      When the Company deems it appropriate to prevent possible accidents or incidents (including theft).

 

END