[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