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Rental delivery terms and conditions

Article 1 (General Provisions)

  1. This company (hereinafter ‘the lessor’), based on the provisions of this agreement (hereinafter ‘this agreement’), will lease a vehicle (hereinafter ‘rental vehicle’) to the lessee, and the lessee will accept the car on these terms. Furthermore, any items not addressed in this agreement, will be subject to national laws and ordinances or common law.
  2. The lessor may accept a special contract in as far as it does not violate the purpose of this agreement, general laws and ordinances, administrative rulings and common law. In such cases, the special contract will take precedence over this agreement.

Article 2 (Reservations)

  1. When leasing a car, the lessee, after agreeing upon the lessor’s fixed price list, and based on the lessor’s designated system, may apply for a reservation, specifying beforehand the vehicle type, date and time of the start of lease, place of lease, length of lease, place of return, driver, necessity of extra equipment including child seats etc., and any other rental conditions (hereinafter ‘rental conditions’).
  2. When the lessor receives a reservation application from the lessee, it will accept said reservation in principle, providing it is within the range of rental vehicles available. In such cases, the lessee, except in cases where it is specifically permitted by the lessor, shall pay the reservation application fee.

Article 3 (Reservation applications)

If the lessee wishes to alter any of the conditions laid out in item 1 of the aforementioned Article 2, before the commencement of the rental contract (hereinafter ‘rental contract’), they must get consent from the lessor beforehand.

Article 4 (Reservation cancellations etc.)

  1. The lessee may cancel their reservation in accordance with the lessor’s designated system.
  2. If over one hour has expired after the agreed start time of the lease without the conclusion procedure of the rental contract being started, except in cases where it is specifically permitted by the lessor, the contract will be considered cancelled.
  3. In the case of the above mentioned Item 2, the lessee will be liable for cancellation fees of the following amounts, to be promptly paid to the lessor:
    1. (1) During business hours 7 days before the reservation day: No charge
    2. (2) During business hours 3-6 days before the reservation day: 20% of the rental cost.
    3. (3) During business hours 2 days before the reservation day: 30% of the rental cost.
    4. (4) On the day of the reservation: 50% of the rental cost.
  4. When a cancellation is made, or when a rental agreement has not been completed due to the lessor’s circumstances, the lessor will return the received reservation application fee and pay the designated breach of contract penalty.
  5. If the rental contract is not completed due to accident, theft, non-return, recall, natural disaster, or any other reason which is the fault of neither the lessor nor the lessee, the reservation will be cancelled. In such cases, the received reservation application fee will be returned by the lessor to the lessee.

Article 5 (Alternative rental vehicle)

  1. If the lessor is unable to provide the type of vehicle which was reserved by the lessee, a car different to that reserved (hereinafter ‘alternative vehicle’) can be proposed to the lessee.
  2. If, based on the previous item, the lessee accepts the proposal of an alternative vehicle, the lessor will offer said vehicle with the same rental conditions as at the time of reservation, expect for vehicle type. In this case, the rental fee of the alternative vehicle and the originally reserved vehicle will be compared, and the new rental fee will be the cheaper of the two.
  3. If the lessee refuses the proposal of an alternative vehicle as outlined in Item 1, then the reservation will be considered cancelled.
  4. In the case of Item 3, if the reason for the proposal of an alternative vehicle as outlined in Item 1, was the responsibility of the lessor, Article 4 Item 4 will apply. However if it is not deemed the responsibility of the lessor, then Article 4 Item 5 will apply.

Article 6 (Disclaimer)

Regarding the non-conclusion of the rental contract or the cancellation of a reservation by either the lessor or the lessee, nothing other than the designated conditions outlined in Articles 4 and 5 will be mutually requested.

Article 7 (Reservation Service Agents)

  1. The lessee can make reservations through travel agents, partner companies etc. (hereinafter ‘agents’) who handle the reservation system, rather than through the lessor.
  2. Lessees who make reservations through agents as described in the previous item, can make changes to and cancellations of reservations via said appropriate agents. However, such changes can only be carried out by the agent with the express consent of the lessor.

Article 8 (Conclusion of Rental Contract)

  1. Once the lessee has specified their required rental conditions and the lessor has specified the terms of the lease via the rental agreement and price list etc., the rental contract will be considered to have been concluded. However, this excludes cases where the lessee or driver correspond to Article 9 Item 1, or any condition of Item 2.
  2. Once the rental contract has been concluded, the lessee is required to pay the lessor the rental fee as set out in Article 11 Item 1. Furthermore, if the lessee wishes to use a discount ticket or a coupon supplied by an agent (hereinafter ‘coupon’) etc., these must be presented or submitted to the lessor at the time of concluding the rental contract.
  3. Based on a directive from the Ministry of Land, Infrastructure, Transport and Tourism, the lessor must provide a lease register (lease registration document) as well as the lease certificate provided in Article 14 Item 1. Proof of the driver’s name, address and documentation showing their driver’s license number, or a copy of their driver’s license must be attached to this, so at the conclusion of the rental contract, the lessee’s designated driver (hereinafter ‘driver’) will have to display their driver’s license or provide a copy of it. If the lessee is the driver, then the lessee’s license will be required. If the lessee is not the driver, then the lessee will be required to display the driver’s driver’s license or provide a copy of it.
  4. At the time of the conclusion of the rental contract, the lessor will require the submission of a further proof of identification from the lessee or driver other than their driver’s license, or request to make copies of already submitted documentation.
  5. At the time of the conclusion of the rental contract, the lessor will require the cellular phone number of the driver or lessee in order to contact them.
  6. At the time of the conclusion of the rental contract, the lessor will require full payment by credit card or cash, or indication of a different method of payment.
  7. Either when collecting the car, or returning it, the lessee is required to make payment in full as set out in the previous item, by cash, credit card or by some other method.

Article 9 (Refusal of Contract Conclusion)

  1. If the driver or lessee corresponds to any of the following conditions, they will not be able to conclude the contract:
    1. (1) They lack the appropriate driver’s license for the vehicle being rented, or fail to display or submit a driver’s license to the lessor.
    2. (2) They accept that they are under the influence of alcohol.
    3. (3) They are under the age of 21.
    4. (4) They accept that they have taken prescription medicines, stimulants or sniffed glue/thinners and are intoxicated.
    5. (5) They have no child seat and intend to carry a child under the age of 6.
    6. (6) They are a member of a crime syndicate or there is the danger that they may habitually carry out violent or illegal activities.
  2. The lessor may refuse to conclude the rental contract if the lessee or driver corresponds to any of the following conditions:
    1. (1) The driver designated at the time of reservation is different from the driver at the time of concluding the rental contract.
    2. (2) They fail to comply with any of the conditions listed from Article 8 Item 6 to Item 8.
    3. (3) They have outstanding debts to the lessor from previous rental contracts etc.
    4. (4) During previous rental contracts, they carried out any of the acts laid out in Article 17.
    5. (5) From previous rental contracts (including those with other vehicle rental operators), based on Article 18 Item 7 or Article 24 Item 1, and according to the All Japan Rent-A-Car Association, they have outstanding parking violation fine reports, or are the subject of a non-return damage report.
    6. (6) During a previous rental contract, they did not have appropriate insurance.
    7. (7) They fail in any way to satisfy any other condition designated by the lessor.
  3. If the lessee corresponds to any of the conditions in the previous two items but a reservation has already been established, the reservation will be cancelled and the lessee liable to promptly pay the lessor’s designated cancellation fee. However, upon receiving payment of the lessee’s cancellation fee, the lessor will return the amount of the reservation application fee to the lessee.

Article 10 (Competition of Rental Contract)

  1. The rental contract is considered complete when the lessee consents to the payment method of the rental fee as outlined in Article 8 Item 9 and receives the rental vehicle from the lessor. At that time, the received reservation application fee and the face value of any coupons submitted to the lessor by the lessee will be deducted from the rental fee.
  2. The handing over of the rental vehicle will take place at the designated time of rental as outlined in Article 2 Item 1 and the specified rental location outlined in the same Article.

Article 11 (Rental Fee)

  1. The rental fee is the sum of the following expenses. These expenses and any calculations will be detailed by the lessor in the lessee’s bill of charges:
    1. (1) Basic rate
    2. (2) Equipment use fee
    3. (3) Allocation and return fee
    4. (4) Any other fees designated by the lessor
  2. The basic rate for the rental vehicle is the rate reported to the chief of the Transport Administration Department of the Local Transport Bureau and put into effect (in Hyogo Prefecture, the Kobe Transport Administration Department Land Transport Director. In Okinawa, the Director of the Land Transport Office of the Okinawa General Bureau. This is the same as in Article 14 Item 1).
  3. Due to Article 2, if after a reservation is made, the basic rate is revised by the lessor, the lower of the two rates (the rate at the time of reservation and at the time of payment) will be applied to the lessee.

Article 12 (Changes to Rental Conditions)

  1. If the lessee wishes to make changes made to the conditions of the rental contract after its conclusion, they must get consent from the lessor to do so, in advance.
  2. If the lessor deems that the changes proposed in the previous Item will prove a hindrance to their business operations, the changes may be refused.

Article 13 (Inspection and Maintenance as well as Confirmation)

  1. In accordance with Article 47 Item 2 of the Road Transport Vehicle Law (Daily Inspection and Maintenance), as well as Article 48 (Periodical Inspection and Maintenance), the lessor will carry out inspections and any necessary maintenance before leasing a rental vehicle.
  2. It is the responsibility of the driver or lessee, from an appearance and equipment check and based on the lessor’s designated inspection sheet, to confirm that the inspections and maintenance described in the previous Item have been put into practice satisfactorily, as well as to confirm that the rental vehicle meets all the rental conditions.
  3. If, during the lessee’s inspection described in the above Item, a maintenance problem is found with the rental vehicle, any necessary maintenance will be promptly carried out by the lessor.
  4. Fitting and using a child seat in the correct manner is the sole responsibility of the driver or lessee. The lessor bears no responsibility for the fitting of a child seat whatsoever.

Article 14 (Issuing and Carrying the Lease Certificate)

  1. At the time of leasing the rental vehicle, the lessor will issue the driver or lessee with a lease certificate that documents details designated by the chief of the Transport Administration Department of the Local Transport Bureau.
  2. From the time of accepting the rental vehicle until its return (hereinafter ‘during use’), the driver or lessee must carry the previously described lease certificate with them at all times.
  3. Upon the loss of said certificate, the driver or lessee must promptly inform the lessor and follow the lessor’s instructions.
  4. The lease certificate should be returned to the lessor by the driver or lessee, at the time of returning the rental vehicle.

Article 15 (Executive Responsibility)

During use of the rental vehicle, the driver or lessee should use and safeguard the rental vehicle with diligent care and attention.

Article 16 (Daily Inspections and Maintenance)

During use of the rental vehicle, and in accordance with Article 47 Item 2 of the Road Transport Vehicle Law (Daily Inspection and Maintenance), the lessee or driver should carry out the designated inspections and any necessary maintenance every day before use.

Article 17 (Prohibited Activities)

The driver or lessee of the rental vehicle is prohibited from carrying out the following acts during use:

  1. Without consent from the lessor or the road transportation law, to use the rental vehicle to engage in the vehicle transportation business or ay similar purpose.
  2. To use the rental vehicle for a purpose other than that designated by the lessor, or allow a driver other than those permitted by the lessor or described in the lease certificate, to drive the vehicle.
  3. To infringe upon the rights of the lessor by subleasing the rental vehicle or offering it as security, or in any other way.
  4. To forge or alter the license plate, remodel or redecorate the rental vehicle, or change it from its original state in anyway.
  5. To use the rental vehicle for any manner of test or race without the consent of the lessor, or to pull or push another vehicle.
  6. To use the rental vehicle in any way which is against the law and/or public standards of decency.
  7. To take out accident insurance on the rental vehicle without the lessor’s consent.
  8. To take the rental vehicle outside of Japan’s national boundaries.
  9. To undertake any other activities that are against the rental conditions (as outlined in Article 12 Item 1, if the rental conditions are changed with the express consent of the lessor, this refers to the conditions after the change).

Article 18 (Action Taken in the Case of Illegal Parking)

  1. If the driver or lessee, during use of the rental vehicle, parks the vehicle in violation of the Road Traffic Law, they must attend the police station in whose jurisdiction the illegal parking occurred and promptly pay any fines etc. accrued. In other cases, if a tow truck is involved, the driver or lessee will be responsible for all costs of moving, unloading and storing the rental vehicle that may be accrued.
  2. If the lessor receives notification of a rental vehicle left illegally parked from the police, the lessee or driver will be contacted in order to move the car immediately and at the end of the rental period or some other time designated by the lessor, they will be required to attend the police station in whose jurisdiction the illegal parking occurred and deal with the offence. The driver or lessee must obey this directive. Furthermore, if the lessor is informed that the rental vehicle has been moved by the police, they may decide to retrieve the car from the police directly.
  3. If the lessor, after carrying out the instructions as described in the previous item, based on the lessor’s decision and after confirming the circumstances of the handling of the violation by checking the traffic violation notice or payment statement, receipt etc., decides that the lessee or driver has not dealt with the violation, the driver or lessee will be required to promptly pay the lessor’s designated parking violation penalty fee. Furthermore, when deemed necessary by the lessor, if the driver or lessee admits to leaving the car illegally parked and attends the police station concerned to obey legal measures as the person responsible for the violation, they will be required to sign the lessor’s designated document (hereinafter ‘self-acknowledgment form’) and follow the instructions from the previous Item until the matter of the violation has been completely dealt with. The driver or lessee must obey this directive.
  4. Because the lessor must cooperate fully with the pursuit of liability by the police concerning the driver or lessee’s illegal parking, the lessee’s self-acknowledgment form and also the lease certificate, documents containing personal information, may be submitted to the police if deemed necessary by the lessor. Furthermore, the lessor can also submit documents including a written explanation, the self-acknowledgment form and also the lease certificate to a public safety commission as stated in Article 51 Part 4 Item 1 of the Road Traffic Law, in order to take the necessary steps to inform them of all the facts of the case.
  5. If the lessor is issued with an illegal parking fine order, and required to pay an illegal parking fine under Article 51 Part 4 Item 1 of the Road Traffic Law, forced to search for the driver or lessee and forced to burden storage, transportation and recovery costs of the rental vehicle (hereinafter ‘recovery costs’), the driver or lessee will be liable for payment equivalent to the illegal parking fine as well as reparations for recovery costs. These must all be paid at a date set by the lessor. However if the driver or lessee has, in accordance with Item 3, already settled the lessor’s designated parking violation penalty fee, they will only be liable for the recovery costs.
  6. If it is the case that the driver or lessee has paid the lessor’s designated parking violation penalty fee set out in Item 3, or the payment equivalent to the illegal parking fine detailed in the previous Item, and the order for the illegal parking fine is canceled due to the driver or lessee having paid the fine or having been indicted, when the lessor is refunded the money for the illegal parking fine, then the following will happen. If there are recovery costs, which are to be paid from the refunded payment equivalent to the illegal parking fine and the lessor’s designated parking violation penalty fee that were received from the lessee, then they will be subtracted from this amount and the remainder will be returned to the driver or lessee. However any expense involved in returning the money will be the responsibility of the driver or lessee.
  7. If the lessor is issued with an illegal parking fine order as outlined in Item 5, or if the driver or lessee fails to pay the amount demanded in Item 5 by the date designated by the lessor, the lessor, in accordance with the general incorporated association, the All Japan Rent-a-Car Association, the lessor will take the step of making an illegal parking violation fee outstanding payment report (the information included will be registered with the general incorporated association, the All Japan Rent-a-Car Association’s system) including the driver or lessee’s name, address and driving license number. However, if the driver or lessee pays the amount demanded in Item 5 by the date designated by the lessor, then no such illegal parking violation fee outstanding payment report will be filed, or if it has already, then it will be cancelled.

Article 19 (Return Responsibilities)

  1. The driver or lessee must return the rented vehicle and any equipment by the end of the rental period (If, based on Article 12 Item 1, the rental period was changed with the consent of the lessor, then the new rental period), to the designated point of return (If, based on Article 12 Item 1, the point of return was changed with the consent of the lessor, then the new point of return).
  2. If the driver or lessee fails to return the rental vehicle as outlined in the previous Item (except in cases where the failure is due to natural disaster and other acts of god), then the rental fee corresponding to the period from the start of the rental period until the return of the rental vehicle and any equipment, and the amount of the rental fee corresponding to the actual rental period plus the lessor’s designated excess rate will be calculated and the lesser amount will be selected. The difference between this and the original, already paid rental fee, then must be paid to the lessor. In such cases, the driver or lessee will not be eligible for NAS designated service.
  3. In cases where the lessee or driver cannot return the vehicle and equipment within the rental period due to natural disaster and other acts of god, they will not be held responsible for any damage to the lessor due to the delayed return. In such cases, the driver or lessee should contact the lessor as soon as possible and follow the lessor’s instructions.

Article 20 (Confirmation at Time of Return)

  1. The lessee or driver having refilled the rental vehicle with fuel, should return the rental vehicle and equipment under the observation of the lessor. Expect for areas worn by regular use, the rental vehicle should be returned in the same state it was originally rented.
  2. The lessee or driver should make sure that there is nothing left inside the car belonging to the lessee, driver or any other passengers. The lessor admits no responsibility for any personal items left in the returned vehicle.

Article 21 (Fees Relating to the Extension of the Rental Period)

If the lessee or driver extends the rental period agreed with the lessor based on Article 12 Item 1, the following amounts (hereinafter ‘extension fee’), must be paid to the lessor at the time the rental vehicle is returned:

  1. The difference between the already settled rental fee and whichever is the lower amount between the rental fee corresponding to the rental period after the extension and the amount of the rental fee corresponding to the rental period before the extension with the lessor’s designated excess fee added to it.
  2. The difference between the disclaimer compensation system fee at the time of the extension and the already settled disclaimer compensation system fee, in cases where the lessee entered into the disclaimer compensation system at the time when the rental contract was concluded,

Article 22 (Adjustments)

  1. When returning the rental vehicle, if the lessee has accrued unadjusted fees such as extension fees and penalties for returning the vehicle to a different location etc. (hereinafter ‘unadjusted fees’), said unadjusted fees should be promptly paid to the lessor.
  2. In cases where the fuel tank has not been fully replenished with gasoline etc., the charge for the remaining amount calculated using the lessor’s fixed conversion table and based on the distance travelled during use should be promptly paid to the lessor by the lessee or driver.

Article 23 (Measures Taken on Non-return of Vehicle)

  1. In cases where despite the rental period being finished, the rental vehicle and equipment have not been returned to the appointed location and the lessor’s demands for return are not answered, the rental vehicle and any equipment will be considered unreturned. In such cases, the lessor will take civil and criminal legal action, as well as, in accordance with the general incorporated association, the All Japan Rent-a-Car Association, taking the step of making a non?return damage report (the information included will be registered with the general incorporated association, the All Japan Rent-a-Car Association’s system) including the driver or lessee’s name, address and driving license number.
  2. In cases such as the one outlined in the previous Item, in order to secure the return of the rental vehicle and any equipment, the lessor will investigate by contacting the lessee or driver’s family, relatives and place of work. Furthermore they will use the vehicle position information system and any other necessary means.
  3. In any situation that comes under Item 1, the lessee will be liable for a sum equivalent to the rental fee for the period from the end of the rental period until the recovery of the car by the lessor. Furthermore, as set out in Article 29, the lessee will also be liable for any damage suffered by the lessor (including rental vehicle search and recovery costs, and the cost of the investigation into the driver or lessee’s whereabouts).

Article 24 (Measures to be Taken in the Event of a Breakdown)

  1. If the lessee or driver discovers a fault with the rental vehicle or it suffers a breakdown during use, they should promptly stop driving, contact the lessor and follow the lessor’s instructions.
  2. If the fault or breakdown, as mentioned in the previous Item, is intentionally or accidentally caused by the lessee or driver, in accordance with the points laid out in Article 29, the lessee or driver will bear the burden for any expenses or damages suffered by the lessor (including vehicle recovery and repair charges) and make reparations to that end.

Article 25 (Measures to be Taken in the Event of an Accident)

  1. In the event of an accident occurring involving the rental vehicle during use, the driver or lessee should immediately stop driving and regardless of the severity of the accident, proceed to follow all legal steps as well as the following measures. Contact the lessor and give a report on the situation immediately, then follow the lessor’s instructions. Based on the previous instructions, and except in cases permitted by the lessor, if repairs are necessary they will be carried out by the lessor or at a garage appointed by the lessor. In order to cooperate with the investigation of the lessor’s appointed insurance company, the lessee should submit all requested documentation to the lessor without delay. No mutual agreements regarding private settlements should be made with other drivers involved in the accident, without the consent of the lessor.
  2. Further to the steps outlined in the previous Item, the driver or lessee will be responsible for dealing with all other aspects of the accident by themselves.
  3. The lessor will advise the driver or lessee regarding any accidents and help them to find a solution.

Article 26 (Ending the Rental Contract due to the Car being Unusable)

  1. If the rental vehicle becomes unusable during use (except in cases that do not meet the criteria laid out in the Road Transport Vehicle Law) due to theft, accident or breakdown (hereinafter ‘trouble’), the rental contract will be terminated. The car and any equipment should, as described in Chapter 5, then be promptly returned to the lessor.
  2. In accordance with Chapter 5, when the car is returned as described in the previous Item, any unsettled monies including unsettled fuel charges should be paid to the lessor. Furthermore, as outlined in Article 29, the lessee or driver will be responsible for making reparations to the lessor for any damages suffered to their business (including recovery and repair fees), and the lessor will not return the previously received rental fee or the disclaimer compensation system fee. This is not limited to the cases outlined in Items 4 and 5.
  3. In cases where trouble occurs before the rental vehicle was leased to the lessee, the lessee may be offered an alternative vehicle. The conditions laid out in Article 5 Item 2 will apply to the offer of any alternative vehicle.
  4. If the lessee or driver cannot accept the alternative vehicle, then the lessor will return the entire amount of the received rental fee. This will also be the case if the lessor is unable to provide an alternative vehicle.
  5. In cases where the trouble is the responsibility of neither the driver nor the lessor, the rental fee and disclaimer compensation fee corresponding to the time remaining of the rental period agreed to in the rental contract, will be returned to the lessee.
  6. Except for the measures outlined in this article, if inconvenience or damages are caused to the lessee due to inability to use the rental vehicle, no further requests outwith this article may be made to the lessor.

Article 27 (Reparations and Compensation for Business Interruptions)

  1. If the driver or lessee causes damage to the lessor or a third party during use of the rental vehicle, the lessee will be responsible for any necessary compensation. This is except in cases where the lessor is deemed responsible.
  2. If, as outlined in the previous Item, damages suffered to the lessor due to the rental vehicle being unusable due to accident, theft, damage caused by the lessee or driver, or due to stains or smells, the lessee will, in accordance with the fixed pricing form, promptly compensate the lessor.

Article 28 (Insurance and Compensation)

If an accident involving the rental vehicle occurs during use, in accordance with the contract of insurance against loss entered into, the following limitations to insurance and compensation payments (hereinafter ‘compensation ceiling’), are included:

  1. Personal Compensation
    Unlimited per person (including the amount from automobile third party liability insurance).
  2. Property Compensation
    Unlimited per accident.
  3. Vehicle Compensation
    The amount of the current value of the vehicle per accident (100,000 yen deductible).
  4. Personal Injury Compensation
    Limited to \30,000,000 per person.
    Passengers involved in the crash will be compensated for any injuries suffered (including death and physical impediment), regardless of the degree of fault apportioned to the driver. (Damages of 30,000,000 yen including treatment costs, calculated in accordance with the standard conditions fixed in the insurance policy)
  5. Regarding exemptions from insurance and compensation. (a) The driver or lessee should use the rental vehicle in line with the conditions in the rental agreement. Damage caused by accidents resulting from the following situations or styles of driving will be the responsibility of the lessee or driver. (b) In such cases, application for the basic fee, including the aforementioned insurance and compensation systems will be refused. If the lessor has paid damages that should have been the responsibility of the driver or lessee, that money should be promptly paid to the lessor.
  6. All other things will depend on the damage insurance agreement in the lessor’s insurance.
    ○ In cases where the proper procedures, such as contacting the police and lessor from the scene of the accident etc., have not been followed:
    Please contact the police and the lessor from the scene of the accident regardless of the scale of the accident, the responsibility of the other driver(s) involved, or damage/injury.
    ○ Cases where the rental agreement has been breached:
    Breaking the Road Traffic Law, drink driving, drug intoxication, unconsented rental extension, use of the vehicle by someone other than the lessee or driver appointed by the lessee at the time of rental, driving without a license, reckless driving, use of the rental vehicle in a way that breaches public order and standards of decency, making out of court settlements without the lessor’s consent etc.
    ○ Cases where the accident comes under exemption from the insurance agreement and compensation system or cases where payment is excluded etc.: Willful damage, drink driving or drug intoxication, tow truck charges, punctures or tire damage, the loss of hub caps, damage to any property owned, used or managed by the customer (the driver or lessee).
    ○ Cases involving care and usage errors:
    Theft due to the key being left in the car, damage attributed to nuisance parking, stains on the interior upholstery and offensive smells in the vehicle, loss of accessories or equipment, damage caused by poorly fitted chains or carriers, damage caused by driving off road on beaches, dry river beds etc.
  7. Regarding cases where insurance or compensation money cannot be paid and also damages that are higher than the compensation ceiling: The entire amount will be the responsibility of the driver or lessee and should be promptly, with the lessor’s consent, paid to the lessor.
  8. The lessee or driver will be liable for the deductibles in Items 1 and 2. However in cases where the driver or lessee entered the disclaimer compensation system and paid the appropriate fee, and at the same time was not involved in, an accident that was unreported to the police or the lessor, an accident that was ineligible for insurance or compensation payments, an accident that occurred due to circumstances that fall under Article 9 Item 1 Paragraph 1-4, or any of the matters covered in Article 17, or an accident that occurred after the rental period (based on Article 12 Item 1, if the rental period was changed with the consent of the lessor, this refers to the new rental period), then the lessor will be responsible for this expense.

Article 29 (Cancellation of the Rental Contract)

  1. If the driver or lessee, during use of the rental vehicle, is found to be in breach of the rental agreement or a situation which comes under matters outlined in Article 9 Item 1 or Item 2 occurs, the lessor may, without prior notification, cancel the rental contract and demand the return of the rental vehicle. In such cases, under the conditions of Chapter 5, the lessee or driver must promptly return the rental vehicle and any equipment to the lessor, as well as make payment of any unsettled fees and expenses including fuel charges.
  2. In the case of a situation such as the one outlined in the previous item, the lessor will not be obliged to return the received rental fee or disclaimer compensation system fee.

Article 30 (Agreeing to Contract Cancellations)

  1. During use of the rental vehicle, with the consent of the lessor and upon payment of a cancellation fee explained in the following items, the lessee may cancel the rental contract. In this case, the lessor will return the amount of money to the lessee that is the total rental fee and disclaimer compensation system fee minus the amount of those said fees corresponding to the period from the moment of rental to the time of return.
  2. If the lessee wishes to cancel the contract as outlined in the previous item, they will have to pay the following cancellation fee.
    Cancellation fee = {(The basic fee for the rental period designated in the rental contract) ? (The basic fee for the period from the start of the rental to the time of return due to cancellation)} x 50%
  3. The lessee will also be obliged at that time to promptly pay any unsettled fees and unsettled fuel charges in accordance with Article 23.

Article 31 (Purpose of Use of Personal Information)

  1. The lessor will acquire and use the driver or lessee’s personal information for the following purposes. Moreover, the driver or lessee will agree to exchange their personal information with the lessor for these said purposes.
  2. Personal information required:
    1. The name, address and telephone number etc. of the lessee or driver (including information required for investigations etc. as outlined in Article 24 Item 2)
    2. Information relating to the type of vehicle, purpose of use, rental period and the contents of the rental contract.
    3. Information included on the driver or lessee’s driving license, presented under Article 8 Items 5 and 6.
    4. Information received from the general incorporated association, the All Japan Rent-a-Car Association.
  3. Purpose of use:
  4. (a) Exercising rights based on the rental contract, fulfilling contractual obligations (including contacting the police and public safety commissions based on Article 18 Item 4, contacting the general incorporated association, the All Japan Rent-a-Car Association based on Article 18 Item 7 and Article 24 Item 1, investigating and confirming the identity of the driver or lessee and corresponding with them).
  5. (b) For purposes of introducing services to rent-a-car club members and general membership management.
  6. Disclosure based on laws and regulations.

Article 32 (Agreeing to the Registration and Use of Personal Information)

Under Article 18 Item 7 and Article 24 Item 1 the driver or lessee must agree to the disclosure of personal information to the general incorporated association, the All Japan Rent-a-Car Association, including the lessee or driver’s name, address, driver’s license number etc. which will not be kept for more than 7 years, and the use of that information by the general incorporated association, the All Japan Rent-a-Car Association as well as individual prefectural rent-a-car member associations and their operators.

Article 33 (Offsetting)

If the lessee has monetary liabilities to the lessor based on this agreement, the lessor may offset the driver or lessee’s debt at any time.

Article 34 (Consumption Tax)

Based on this agreement, the lessee or driver will pay the consumption tax (including local consumption tax) imposed on the lessor.

Article 35 (Late Payment Charge)

If the lessee or driver or the lessor neglects to pay their outstanding monetary liabilities based on this agreement, they will be pay a late payment charge at an annual rate of 14.6%.

Article 36 (Priority Given to the Japanese Language Agreement)

If there are differences between the Japanese language version of the agreement and the English version, priority will be given to the original Japanese language version.

Article 37 (Other regulations)

  1. The lessor can provide regulations other than those provided in the agreement. These regulations will have the same validity as this agreement.
  2. When the lessor decides on other regulations, they will be displayed in the lessor’s premises and included on pamphlets and price lists distributed by the lessor. This is the same as in the case of changing regulations.

Article 38 (Agreement Jurisdictional Court)

If a dispute occurs concerning the rights and obligations of this agreement, the first agreement jurisdictional court hearing will be held at the district court or summary court which has jurisdiction over the location of the lessor’s head office or sales department, the location of the rental, or location of the driver or lessees place of residence.

This agreement will come into effect from February 27, 2015.