Chapter 1: General Provisions
Article 1 (Application of the Agreement)
The Company shall rent a vehicle (hereinafter referred to as "Rental Car") to the Renter in accordance with the provisions of this agreement and the detailed rules based on Article 40 of this agreement (hereinafter collectively referred to as the "Agreement, etc."), and the Renter shall understand and agree to the Agreement, etc. before renting the Rental Car. If the Renter designates a driver different from the Renter pursuant to Article 8, Paragraph 3, the Renter shall ensure that such driver is informed of and complies with the provisions of the Agreement, etc. pertaining to the driver. Matters not stipulated in the Agreement, etc. shall be governed by laws and regulations or general customs.
The Company may agree to special provisions to the extent that they do not violate the spirit of the Agreement, etc., laws and regulations, administrative directives, and general customs. In the event of special provisions, such special provisions shall take precedence over the Agreement, etc.
Chapter 2: Reservation
Article 2 (Application for Reservation)
When renting a Rental Car, the Renter may apply for a reservation by clearly stating the vehicle class, rental start date and time, rental location, rental period, return location, driver, necessity of accessories such as child seats, and other rental conditions (hereinafter referred to as "Rental Conditions") in accordance with the Agreement and separately stipulated rate schedules, etc., and by the method separately stipulated. For minibuses, the operating section or destination, number of users, and purpose of use shall also be clearly stated as Rental Conditions when applying for a reservation.
When the Company receives an application for reservation from the Renter, the Company shall, in principle, accept the reservation within the scope of the Rental Cars it possesses. In this case, the Renter shall pay a separately stipulated reservation deposit, unless the Company specifically approves otherwise.
Article 3 (Change of Reservation)
If the Renter intends to change the Rental Conditions set forth in Paragraph 1 of the preceding Article, the Renter shall obtain the Company's consent in advance.
Article 4 (Cancellation of Reservation, etc.)
The Renter may cancel a reservation by the method separately stipulated.
If the Renter fails to commence the procedures for concluding a Rental Car Rental Agreement (hereinafter referred to as the "Rental Agreement") even after one hour or more has passed from the reserved rental start time due to the Renter's circumstances, the reservation shall be deemed to have been cancelled.
In the cases referred to in the preceding two paragraphs, the Renter shall pay the Company a separately stipulated reservation cancellation fee, and the Company shall refund the received reservation deposit to the Renter upon payment of this reservation cancellation fee.
If a reservation is cancelled or a Rental Agreement is not concluded due to the Company's circumstances, the Company shall refund the received reservation deposit and pay a penalty as separately stipulated.
If a Rental Agreement is not concluded due to reasons not attributable to either the Renter or the Company, such as accident, theft, non-return, recall, natural disaster, etc., the reservation shall be deemed to have been cancelled. In this case, the Company shall refund the received reservation deposit.
Article 5 (Substitute Rental Car)
If the Company is unable to provide a Rental Car of the vehicle class reserved by the Renter, the Company may offer to provide a Rental Car of a different vehicle class (hereinafter referred to as "Substitute Rental Car").
If the Renter accepts the offer in the preceding paragraph, the Company shall rent the Substitute Rental Car under the same Rental Conditions as at the time of reservation, except for the vehicle class. If the rental charge for the Substitute Rental Car is higher than the rental charge for the reserved vehicle class, the rental charge for the reserved vehicle class shall apply; if it is lower, the rental charge for the vehicle class of the Substitute Rental Car shall apply.
The Renter may refuse the offer of a Substitute Rental Car in Paragraph 1 and cancel the reservation.
In the case of the preceding paragraph, if the reason for not being able to provide the Rental Car in Paragraph 1 is attributable to the Company's circumstances, it shall be treated as a cancellation of reservation under Article 4, Paragraph 4, and the Company shall refund the received reservation deposit and pay a penalty as separately stipulated.
In the case of Paragraph 3, if the reason for not being able to provide the Rental Car in Paragraph 1 is not attributable to the Company's circumstances, it shall be treated as a cancellation of reservation under Article 4, Paragraph 5, and the Company shall refund the received reservation deposit.
Article 6 (Disclaimer)
The Company and the Renter shall not make any claims against each other regarding the cancellation of a reservation or the non-conclusion of a Rental Agreement, except as provided in Articles 4 and 5.
Article 7 (Agency for Reservation Services)
The Renter may apply for a reservation at a travel agency, affiliated company, etc. (hereinafter referred to as "Agent") that handles reservation services on behalf of the Company.
A Renter who has applied through an Agent pursuant to the preceding paragraph may only apply to that Agent for changes or cancellation of the reservation.
Chapter 3: Rental
Article 8 (Conclusion of Rental Agreement)
The Renter shall clearly state the Rental Conditions stipulated in Article 2, Paragraph 1, and the Company shall clearly state the rental conditions based on this Agreement and the rate schedule, etc., and conclude the Rental Agreement. However, this shall not apply if there are no Rental Cars available for rental or if the Renter or driver falls under any of the items in Article 9, Paragraph 1 or Paragraph 2.
Upon conclusion of the Rental Agreement, the Renter shall pay the Company the rental charge stipulated in Article 11, Paragraph 1.
Based on the Basic Circular of the Supervisory Authority (Note 1), the Company shall, upon conclusion of the Rental Agreement, record the driver's name, address, type of driver's license, and driver's license (Note 2) number in the rental ledger (rental slip) and the Rental Certificate stipulated in Article 14, Paragraph 1, or attach a copy of the driver's driver's license. For this purpose, the Company may request the Renter to present the driver's driver's license (hereinafter referred to as the "Driver") designated by the Renter, and may also request the submission of a copy thereof. In this case, if the Renter is the Driver, the Renter shall present their own driver's license or submit a copy thereof, and if the Renter and the Driver are different, the Renter shall present the Driver's driver's license or submit a copy thereof.
(Note 1) The Basic Circular of the Supervisory Authority refers to 2.(10) and (11) of the Director-General of the Road Transport Bureau of the Ministry of Land, Infrastructure, Transport and Tourism's Basic Circular regarding Rental Cars (Jido 138, June 13, 1995).
(Note 2) The driver's license refers to a driver's license stipulated in Article 92 of the Road Traffic Act, in the format of Attached Form 14 of Article 19 of the Enforcement Regulations of the Road Traffic Act. International driving permits or foreign driving licenses stipulated in Article 107-2 of the Road Traffic Act shall be treated as equivalent to driver's licenses.
Upon conclusion of the Rental Agreement, the Company may request the Renter and the Driver to present supplementary documents designated by the Company in addition to their driver's licenses, and may take copies of the presented documents.
Upon conclusion of the Rental Agreement, the Company shall request the Renter to provide a mobile phone number or other contact information for communication with the Renter and the Driver during the rental period.
Upon conclusion of the Rental Agreement, the Company may request the Renter to pay by credit card or cash, or may specify other payment methods.
The Renter shall not be allowed to extend the rental period after the conclusion of the agreement.
Article 9 (Refusal to Conclude Rental Agreement)
The Rental Agreement shall not be concluded if the Renter or the Driver falls under any of the following items:
(1) Failure to present a driver's license necessary for driving the Rental Car to be rented, or failure to agree to submit a copy of the driver's driver's license despite the Company's request.
(2) Being recognized as being under the influence of alcohol.
(3) Being recognized as exhibiting symptoms of poisoning, etc., due to narcotics, stimulants, thinners, etc.
(4) Allowing a child under 6 years of age to ride in the car without a child seat.
(5) Being recognized as a member or affiliate of a organized crime group or related organization, or belonging to any other antisocial organization.
The Company may refuse to conclude a Rental Agreement if the Renter or the Driver falls under any of the following items:
(1) When the driver specified at the time of reservation differs from the driver at the time of concluding the Rental Agreement.
(2) Having a past record of delaying payment of rental charge or other debts owed to the Company in past rentals.
(3) Having engaged in any of the acts listed in Article 17 in past rentals.
(4) Having engaged in any of the acts listed in Article 18, Paragraph 6 or Article 25, Paragraph 1 in past rentals (including rentals from other rental car companies).
(5) Having a past record of automobile insurance not being applied due to violation of the Rental Agreement or insurance policy in past rentals.
(6) Having used violent acts or language against the Company's employees or other related parties, or demanded burdens exceeding a reasonable range in transactions with the Company.
(7) Having spread rumors, or used fraudulent means or force to damage the Company's reputation or obstruct its business.
(8) Not meeting separately specified conditions.
(9) Other cases where the Company deems it inappropriate.
In the cases of the preceding two paragraphs, if a reservation has already been established with the Renter, it shall be treated as a cancellation of the reservation, and if the Renter has paid a reservation cancellation fee, the received reservation deposit shall be refunded to the Renter.
Article 10 (Establishment of Rental Agreement, etc.)
The Rental Agreement shall be established when the Renter pays the rental charge to the Company and the Company delivers the Rental Car to the Renter. In this case, the received reservation deposit shall be applied as part of the rental charge.
The delivery in the preceding paragraph shall be made at the rental location specified in Article 2, Paragraph 1, on the rental start date and time specified in the same paragraph.
Article 11 (Rental charge)
The rental charge shall be the total amount of the following fees, and the Company shall clearly indicate the respective amounts or calculation bases in the rate schedule:
Basic charge, drop-off fee, optional insurance fee, option charge, fuel cost, delivery/collection fee, and other fees.
The basic charge shall be based on the rates reported and implemented by the Company to the Director of the Local Transport Bureau (or the Director of the Okinawa General Bureau Transport Office in Okinawa Prefecture; the same shall apply in Article 14, Paragraph 1) at the time of rental.
If the rental charge is revised after a reservation is made pursuant to Article 2, the lower of the charge applied at the time of reservation and the charge at the time of rental shall apply.
Details regarding the rental charge shall be stipulated in the detailed rules.
Article 12 (Change of Rental Conditions)
If the Renter intends to change the Rental Conditions stipulated in Article 8, Paragraph 1 after the conclusion of the Rental Agreement, the Renter shall obtain the Company's consent in advance.
The Company may refuse to consent to the change in the preceding paragraph if it interferes with the Company's rental operations.
Article 13 (Inspection and Confirmation)
The Company shall rent a Rental Car that has undergone the inspections stipulated in Article 48 (Periodic Inspection and Maintenance) of the Road Transport Vehicle Act and has been properly maintained.
The Company shall conduct the inspections stipulated in Article 47-2 (Daily Inspection and Maintenance) of the Road Transport Vehicle Act and carry out necessary maintenance.
The Renter or the Driver shall confirm that the inspections and maintenance in the preceding two paragraphs have been carried out, and that there are no defects in the Rental Car and that the Rental Car meets the Rental Conditions through an inspection of the vehicle's exterior and accessories based on a separately stipulated inspection checklist.
If any defects are found in the Rental Car as a result of the confirmation in the preceding paragraph, the Company shall immediately carry out necessary maintenance, etc.
Article 14 (Issuance and Carrying of Rental Certificate, etc.)
When the Company delivers the Rental Car, it shall issue a prescribed Rental Certificate, stating the matters specified by the Director of the Local Transport Bureau, in writing (including electronic methods such as email) to the Renter.
The Renter or the Driver shall carry (including carrying by electronic record) the Rental Certificate received pursuant to the preceding paragraph while using the Rental Car.
If the Renter or the Driver loses the Rental Certificate, they shall immediately notify the Company to that effect.
Chapter 4: Use
Article 15 (Management Responsibility, etc.)
The Renter or the Driver shall use and store the Rental Car with the due care of a good manager from the time of delivery until it is returned to the Company (hereinafter referred to as "During Use").
If the Renter or the Driver uses toll roads such as highways, toll parking lots, or other paid services During Use, the Renter or the Driver shall be responsible for paying the usage fees, etc., to the provider of the paid service.
If the Company receives a request for disclosure of the Renter's personal information from the provider of the paid service in the preceding paragraph, specifying the Rental Car's vehicle registration number and date and time due to unpaid usage fees, etc., the Renter agrees that the Company may provide the Renter's personal information to the requester.
Article 16 (Daily Inspection and Maintenance)
During Use, the Renter or the Driver shall inspect the Rental Car daily before use as stipulated in Article 47-2 (Daily Inspection and Maintenance) of the Road Transport Vehicle Act and carry out necessary maintenance.
Article 17 (Prohibited Acts)
During Use, the Renter or the Driver shall not engage in the following acts:
(1) Using the Rental Car for automobile transportation business or similar purposes without the Company's consent and permission, etc., based on the Road Transportation Act.
(2) Using the Rental Car for purposes other than the prescribed use or allowing a person other than the driver stated on the Rental Certificate in Article 8, Paragraph 3 and those approved by the Company to drive the Rental Car.
(3) Subleasing the Rental Car or performing any act that infringes on the Company's rights, such as using it as collateral.
(4) Forging or altering the Rental Car's vehicle registration plate or license plate, or modifying or remodeling the Rental Car in any way that changes its original condition.
(5) Using the Rental Car for various tests or competitions, or using it for towing or pushing other vehicles without the Company's consent.
(6) Using the Rental Car in violation of laws and regulations or public order and morals.
(7) Taking out damage insurance on the Rental Car without the Company's consent.
(8) Taking the Rental Car outside of Japan.
(9) Engaging in any other act that violates the Rental Conditions in Article 8, Paragraph 1.
The Renter, Driver, or their related parties shall not, without the Company's consent, photograph, record (audio or video), or post, distribute, or live-stream the images, audio, or video of the Company's offices, business premises, or grounds on social media, etc., from either inside or outside.
Article 18 (Measures in Case of Illegal Parking, etc.)
If the Renter or the Driver commits illegal parking as defined in the Road Traffic Act concerning the Rental Car During Use, the Renter or the Driver shall appear at the police station having jurisdiction over the area where the illegal parking occurred, immediately pay the traffic violation penalty, etc., and bear all expenses such as towing, storage, and retrieval associated with the illegal parking.
When the Company receives notification from the police regarding illegal parking of the Rental Car, the Company shall contact the Renter or the Driver and instruct them to promptly move or retrieve the Rental Car and to appear at the handling police station to resolve the violation by the expiration of the Rental Period or at the time designated by the Company, and the Renter or the Driver shall comply with this instruction. If the Rental Car has been moved by the police, the Company may, at its discretion, retrieve the Rental Car from the police.
After giving the instruction in the preceding paragraph, the Company shall, at its discretion, confirm the status of the violation processing using a traffic violation ticket or payment slip, receipt, etc., and if it has not been processed, the Company shall continue to give the instruction in the preceding paragraph to the Renter or the Driver until it is processed. The Company shall also request the Renter or the Driver to personally sign a document prescribed by the Company (hereinafter referred to as the "Acknowledgement") acknowledging the fact of illegal parking and their commitment to comply with legal measures as a violator by appearing at the police station, etc., and the Renter or the Driver shall comply with this request.
If the Company deems it necessary, the Company may cooperate with the police by submitting the Acknowledgement and materials including personal information such as the Rental Certificate, etc., to pursue the responsibility for illegal parking against the Renter or the Driver, and may take necessary legal measures such as submitting a written explanation and the Acknowledgement and materials such as the Rental Certificate to the Public Safety Commission and reporting the facts, and the Renter or the Driver shall agree to this.
If the Company receives a parking violation payment order pursuant to Article 51-4, Paragraph 1 of the Road Traffic Act and pays the parking violation fine, or if the Company incurs expenses for searching for the Renter or the Driver or expenses for moving, storing, or retrieving the vehicle, the Company shall claim the following amounts (hereinafter referred to as "Parking Violation Related Expenses") from the Renter. In this case, the Renter shall pay the Parking Violation Related Expenses by the date designated by the Company.
(1) The amount equivalent to the parking violation fine.
(2) A parking violation penalty separately stipulated by the Company.
(3) Expenses incurred for the search and for moving, storing, and retrieving the vehicle.
If the Company receives a parking violation payment order as described in the preceding paragraph, or if the Renter fails to pay the full amount of the claim stipulated in the same paragraph by the date designated by the Company, the Company shall take measures such as registering the Renter's name, date of birth, driver's license number, etc., in the Information Management System of the National Rent-A-Car Association (hereinafter referred to as the "Zen-Ren-Kyo System"), and the Renter shall agree to this.
In the case where the Renter or the Driver should pay a traffic violation penalty, etc., pursuant to Paragraph 1, and the Renter or the Driver fails to comply with the Company's instruction to resolve the violation based on Paragraph 2 or the Company's request to sign the Acknowledgement based on Paragraph 3, the Company may collect a parking violation fee (hereinafter referred to as "Parking Violation Fee" in the following paragraph) from the Renter at an amount separately stipulated by the Company, to be appropriated for the parking violation fine and the parking violation penalty stipulated in Paragraph 5.
Notwithstanding the provisions of Paragraph 6, if the Company receives the full amount of the Parking Violation Fee and the expenses stipulated in Paragraph 5, Item 3 from the Renter, the Company shall not take measures such as registering in the Zen-Ren-Kyo System stipulated in Paragraph 6, or shall delete the data already registered in the Zen-Ren-Kyo System.
If the Renter has paid the amount claimed by the Company based on Paragraph 5, and subsequently the parking violation payment order is revoked due to the Renter or the Driver paying the traffic violation penalty or being prosecuted, and the Company receives a refund of the parking violation fine, the Company shall refund only the amount equivalent to the parking violation fine among the Parking Violation Related Expenses already paid by the Renter. The same shall apply even if the Company has collected a Parking Violation Fee based on Paragraph 7.
In the case where data has been registered in the Zen-Ren-Kyo System pursuant to Paragraph 6, if the parking violation payment order is revoked due to the payment of the traffic violation penalty, etc., or if the full amount claimed by the Company pursuant to Paragraph 5 has been paid to the Company, the Company shall delete the data registered in the Zen-Ren-Kyo System.
Article 19 (GPS Function)
The Renter and the Driver agree that the Rental Car may be equipped with a Global Positioning System (hereinafter referred to as "GPS Function"), that the current location and travel route of the Rental Car will be recorded in the Company's prescribed system, and that the Company may use such recorded information for the following purposes:
(1) To confirm that the Rental Car has been returned to the designated location at the end of the Rental Agreement.
(2) To confirm the current location, etc., of the Rental Car when it falls under Article 25, Paragraph 1, or when deemed necessary for the management of the Rental Car or the performance of the Rental Agreement, etc.
(3) To statistically aggregate and analyze personal information in a form that does not identify or specify individuals, and use it for marketing analysis to improve the quality of products and services provided to the Renter and the Driver, and to enhance customer satisfaction, etc.
The Renter and the Driver agree that the Company may disclose the information recorded by the GPS Function in the preceding paragraph to the extent necessary if disclosure is requested based on laws and regulations, or if a request or order for disclosure is received from a court, administrative agency, or other public institution.
Article 20 (Drive Recorder)
The Renter and the Driver agree that the Rental Car may be equipped with a drive recorder, that the driving status of the Renter and the Driver will be recorded, and that the Company may use such recorded information for the following purposes:
(1) To confirm the situation at the time of an accident if one occurs.
(2) To confirm the driving status of the Renter and the Driver when deemed necessary for the management of the Rental Car or the performance of the Rental Agreement, etc.
(3) To statistically aggregate and analyze personal information in a form that does not identify or specify individuals, and use it for marketing analysis to improve the quality of products and services provided to the Renter and the Driver, and to enhance customer satisfaction, etc.
The Renter and the Driver agree that the Company may disclose the information recorded by the drive recorder in the preceding paragraph to the extent necessary if disclosure is requested based on laws and regulations, or if a request or order for disclosure is received from a court, administrative agency, or other public institution.
Chapter 5: Return
Article 21 (Responsibility for Return)
The Renter or the Driver shall return the Rental Car to the Company at the designated return location by the expiration of the Rental Period.
If the Renter or the Driver violates the provisions of the preceding paragraph, the Renter shall compensate the Company for any damages incurred as a result.
In the event that the Renter or the Driver is unable to return the Rental Car within the Rental Period due to a natural disaster or other force majeure, the Renter and the Driver shall not be liable for any damages incurred by the Company. In this case, the Renter or the Driver shall immediately contact the Company and follow the Company's instructions.
Article 22 (Confirmation at the Time of Return, etc.)
The Renter or the Driver shall return the Rental Car in the presence of the Company. In this case, the Rental Car shall be returned in the same condition as at the time of delivery, excluding normal wear and tear.
Upon returning the Rental Car, the Renter or the Driver shall ensure that there are no personal belongings of the Renter, the Driver, or any passengers left inside the Rental Car.
Article 23 (Rental charge in Case of Change of Rental Period)
If the Renter changes the Rental Period pursuant to Article 12, Paragraph 1, the Renter shall pay the rental charge corresponding to the changed Rental Period.
Article 24 (Return Location, etc.)
If the Renter changes the designated return location pursuant to Article 12, Paragraph 1, the Renter shall bear the expenses required for the delivery due to the change of the return location.
If the Renter returns the Rental Car to a location other than the designated return location without obtaining the Company's consent pursuant to Article 12, Paragraph 1, the Renter shall pay a return location change penalty as follows:
Return Location Change Penalty = Expenses required for delivery due to the change of return location × 200%
Article 25 (Measures in Case of Non-Return)
If the Renter or the Driver fails to return the Rental Car to the designated return location even after the expiration of the Rental Period and does not respond to the Company's demand for return, or if it is recognized as non-return due to reasons such as the Renter's whereabouts being unknown, the Company shall take legal measures such as filing a criminal complaint, report the non-return damage to the National Rent-A-Car Association, and take measures such as registering in the Zen-Ren-Kyo System, and the Renter shall agree to this.
If the situation described in the preceding paragraph occurs, the Company shall take necessary measures to confirm the location of the Rental Car, including interviewing relatives, family members, employers, etc., of the Renter or the Driver, and activating the GPS function.
In the case of Paragraph 1, the Renter shall be liable for compensating the Company for any damages incurred, and shall also bear the expenses required for the recovery of the Rental Car and the search for the Renter or the Driver.
Chapter 6: Measures in Case of Breakdown, Accident, or Theft
Article 26 (Measures upon Discovery of Breakdown)
If the Renter or the Driver discovers any abnormality or breakdown of the Rental Car During Use, they shall immediately stop driving, contact the Company, and follow the Company's instructions.
Article 27 (Measures in Case of Accident)
If an accident involving the Rental Car occurs During Use, the Renter or the Driver shall immediately stop driving, take legally required measures regardless of the severity of the accident, and take the following measures:
(1) Immediately report the situation of the accident, etc., to the Company and follow the Company's instructions.
(2) If repairing the Rental Car based on the instructions in the preceding item, do so at the Company or a factory designated by the Company, unless the Company approves otherwise.
(3) Cooperate with the investigation by the Company and the insurance company with which the Company has a contract regarding the accident, and submit necessary documents, etc., without delay.
(4) Obtain the Company's consent in advance when reaching a settlement or other agreement with the other party regarding the accident.
In addition to taking the measures in the preceding paragraph, the Renter or the Driver shall handle and resolve the accident at their own responsibility.
The Company shall provide advice on the handling of the accident for the Renter or the Driver and shall cooperate in its resolution.
For vehicles equipped with a drive recorder, the Company shall record the situation when an impact occurs or when sudden braking is performed, etc., for the purpose of confirming the situation at the time of an accident, etc.
The Company shall take measures such as verifying the recording in the preceding paragraph when deemed necessary.
Article 28 (Measures in Case of Theft)
If the Rental Car is stolen or otherwise damaged During Use, the Renter or the Driver shall take the following measures:
(1) Immediately report it to the nearest police station.
(2) Immediately report the situation of the damage, etc., to the Company and follow the Company's instructions.
(3) Cooperate with the investigation by the Company and the insurance company with which the Company has a contract regarding the theft or other damage, and submit required documents, etc., without delay.
Article 29 (Termination of Rental Agreement due to Inability to Use)
If the Rental Car becomes unusable During Use due to breakdown, accident, theft, or other reasons (hereinafter referred to as "Breakdown, etc."), the Rental Agreement shall terminate.
In the case of the preceding paragraph, the Renter shall bear the expenses required for the retrieval and repair, etc., of the Rental Car, and the Company shall not refund the received rental charge. However, this shall not apply if the Breakdown, etc., is due to the reasons stipulated in Paragraph 3 or Paragraph 5.
If the Breakdown, etc., is due to defects or malfunctions existing before the rental or other reasons why the Rental Car does not conform to the Rental Conditions, a new Rental Agreement shall be deemed to have been concluded, and the Renter may receive a Substitute Rental Car from the Company. The provisions of Article 5, Paragraph 2 shall apply mutatis mutandis to the conditions for providing a Substitute Rental Car.
If the Renter does not receive the Substitute Rental Car in the preceding paragraph, the Company shall refund the full amount of the received rental charge. The same shall apply if the Company is unable to provide a Substitute Rental Car.
If the Breakdown, etc., occurs due to reasons not attributable to either the Renter, the Driver, or the Company, the Company shall refund the Renter the remaining amount after deducting the rental charge corresponding to the period from the start of the rental to the termination of the Rental Agreement from the received rental charge.
Except for the measures stipulated in this Article, the Renter shall not make any claims against the Company for any damages arising from the inability to use the Rental Car. However, this shall not apply if the Breakdown, etc., is caused by the Company's willful misconduct or gross negligence.
Chapter 7: Compensation and Indemnity
Article 30 (Compensation and Business Interruption)
If the Renter or the Driver causes damage to the Company's Rental Car in connection with the use of the rented Rental Car, the Renter shall compensate for such damage, unless the damage is due to reasons not attributable to the Renter and the Driver.
In the event that the Renter is liable for damages pursuant to the preceding paragraph, the Renter shall compensate for damages or business interruption caused by the Company's inability to use the Rental Car due to accident, theft, breakdown, soiling, odor, etc., in accordance with the provisions of the rate schedule, etc.
If the Renter or the Driver causes damage to a third party or the Company due to the Renter's or the Driver's intentional act or negligence in connection with the use of the rented Rental Car, the Renter shall compensate for such damage.
Article 31 (Insurance and Indemnity)
When the Renter is liable for compensation under Paragraph 1 or Paragraph 3 of the preceding Article, and when the Driver is liable for compensation under Paragraph 3 of the preceding Article, insurance money or indemnity within the following limits shall be paid under the damage insurance contract concluded by the Company for the Rental Car or the Company's indemnity system:
(1) Bodily Injury Liability: Unlimited (including Automobile Liability Insurance)
(2) Property Damage Liability: Up to ¥30,000,000 per accident (deductible ¥100,000)
(3) Vehicle Damage Liability: Up to the market value per accident (deductible ¥100,000)
(4) Personal Injury Protection: Up to ¥30,000,000 per accident × capacity, up to ¥30,000,000 per person
If the case falls under the deductible clauses of the insurance policy or the indemnity system, the insurance money or indemnity stipulated in Paragraph 1 shall not be paid.
If the Rental Agreement is violated, the insurance money or indemnity stipulated in Paragraph 1 shall not be paid.
Damages for which insurance money or indemnity is not paid and damages exceeding the insurance money or indemnity paid under the provisions of Paragraph 1 shall be borne by the Renter or the Driver. If the limits in Paragraph 1 are changed by special agreement, damages exceeding the limits stipulated in the special agreement shall be borne by the Renter or the Driver. However, regarding damages caused by a disaster designated as a severe disaster pursuant to Article 2 of the Act on Special Financial Assistance for Coping with Extremely Severe Disasters (Act No. 150 of 1962) (hereinafter referred to as "Severe Disaster"), if the damage pertains to a Rental Car that was lost, damaged, or otherwise affected in the area designated as such a Severe Disaster, the Renter or the Driver shall not be required to compensate for the damage unless the occurrence of the damage was due to the Renter's or the Driver's intentional act or gross negligence.
If the Company pays the damages that should be borne by the Renter or the Driver, the Renter or the Driver shall immediately reimburse the Company for the amount paid by the Company.
Damages equivalent to the deductible amount of the insurance money or indemnity stipulated in Paragraph 1, Item 2 or Item 3 shall be borne by the Renter or the Driver, unless otherwise agreed by special agreement.
Chapter 8: Cancellation of Rental Agreement
Article 32 (Cancellation of Rental Agreement)
If the Renter or the Driver violates this Agreement During Use, or if the Renter or the Driver comes to fall under any of the items in Article 9, Paragraph 1, the Company may cancel the Rental Agreement without any notice or demand and immediately demand the return of the Rental Car. In this case, the Company shall refund the Renter the remaining amount after deducting the rental charge corresponding to the period from the start of the rental to the cancellation from the received rental charge.
If the Renter falls under the cancellation in the preceding paragraph, the Renter shall pay the Company for any damages incurred by the Company.
Article 33 (Early Termination)
Even During Use, the Renter may terminate the Rental Agreement with the Company's consent by paying the early termination fee stipulated in the following paragraph. In this case, the Company shall refund the Renter the remaining amount after deducting the rental charge corresponding to the period from the start of the rental to the return from the received rental charge, except when falling under separately stipulated provisions.
When terminating the agreement pursuant to the preceding paragraph, the Renter shall pay the Company the following early termination fee:
Early Termination Fee = {(Basic charge corresponding to the Rental Period) - (Basic charge corresponding to the period from rental to return)} × 50%
Chapter 9: Personal Information
Article 34 (Purpose of Use of Personal Information)
The purposes for which the Company acquires and uses the personal information of the Renter or the Driver are as follows:
(1) As a business operator who has obtained permission for the rental car business based on Article 80, Paragraph 1 of the Road Transportation Act, to carry out matters obligated as conditions for business permission, such as creating a rental certificate at the time of concluding a rental agreement.
(2) To provide the Renter or the Driver with information about Rental Cars, used cars, and other products handled by the Company, and to provide services related to these, as well as to provide information about various events and campaigns, etc., by sending promotional materials, emails, etc.
(3) When concluding a Rental Agreement, to perform identity verification and to review the eligibility for concluding the Rental Agreement for the applicant or the driver.
(4) To conduct questionnaire surveys for the Renter or the Driver for the purpose of planning and developing products and services handled by the Company, or for considering measures to improve customer satisfaction.
(5) To statistically aggregate and analyze personal information to create statistical data in a form that does not identify or specify individuals.
If the Company acquires the personal information of the Renter or the Driver for purposes not specified in the items of Paragraph 1, it shall clearly indicate the purpose of use in advance.
Article 35 (Consent to Registration and Use of Personal Information)
If the Renter falls under any of the following items, the Renter agrees that their personal information, including their name, date of birth, driver's license number, etc., will be registered in the Zen-Ren-Kyo System for a period not exceeding seven years, and that this information will be used by the National Rent-A-Car Association and its member regional rent-a-car associations, as well as by member rent-a-car operators for screening when concluding a rental agreement.
(1) When the Company is ordered to pay a parking violation fine based on Article 51-4, Paragraph 1 of the Road Traffic Act.
(2) When the full amount of Parking Violation Related Expenses stipulated in Article 18, Paragraph 5 has not been paid to the Company.
(3) When it is recognized that a non-return as stipulated in Article 25, Paragraph 1 has occurred.
If the Driver falls under Item 3 of the preceding paragraph, the Driver's personal information, including their name, date of birth, driver's license number, etc., will be registered in the Zen-Ren-Kyo System for a period not exceeding seven years and will be used by the rent-a-car operators in the preceding paragraph for screening when concluding a rental agreement.
Chapter 10: Miscellaneous Provisions
Article 36 (Set-off)
If the Company has monetary obligations to the Renter based on this Agreement, the Company may at any time set off such monetary obligations against the monetary obligations of the Renter to the Company.
Article 37 (Consumption Tax)
The Renter shall pay the Company the consumption tax (including local consumption tax) levied on transactions based on this Agreement.
Article 38 (Late Payment Penalty)
If the Renter or the Company fails to perform their monetary obligations based on this Agreement, they shall pay the other party a late payment penalty at the rate of 14.6% per annum.
Article 39 (Japanese and English Agreements)
If there is any discrepancy between the Japanese text of this Agreement and the English translation, the Japanese text shall prevail.
Article 40 (Detailed Rules)
The Company may separately stipulate detailed rules for this Agreement, and such detailed rules shall have the same effect as this Agreement.
Article 41 (Provision of Important Information)
The Company shall endeavor to provide the Renter with clear and plain explanations of important matters in this Agreement, etc., such as the details of the Renter's liability for damages and business interruption, the details and conditions of the Company's insurance or indemnity system, and the measures the Renter should take in case of breakdown, accident, theft, illegal parking, and delay in return, before the rental.
The Renter shall endeavor to understand the contents of the Agreement, etc.
Article 42 (Display, etc., of Agreement, etc.)
The Company shall present the Agreement, etc., to the Renter by any of the following methods:
(1) Posting in an easily visible location for the public at the Company's business premises (including display on electronic devices such as displays).
(2) Posting in an easily visible manner on websites, etc.
(3) Presentation of documents (including electronic methods such as email).
The Company shall also provide the Renter with an overview of the Agreement, etc., through brochures, rate schedules, etc., issued by the Company. The same shall apply in the event of changes to these.
Article 43 (Changes to Agreement, etc.)
The Company may change this Agreement, etc. In the event of changes to the Agreement, etc., the Company shall notify the Renter of the fact of the change, the content of the changed Agreement, etc., and the effective date of the change by appropriate means such as posting on the Company's website.
Article 44 (Governing Law)
The contract under this Agreement, the rental, and all acts incidental to the rental shall be governed by and construed in accordance with the laws of Japan.
Article 45 (Agreed Jurisdiction)
In the event of any dispute arising regarding the rights and obligations under this Agreement, the summary court having jurisdiction over the location of the Company's head office, branch office, or business office shall 1 be the exclusive agreement jurisdictional court, regardless of the amount in dispute.