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Car Rental Terms and Conditions
Car Rental Terms and Conditions
Chapter 1 General Provisions
- Article 1 (Applicability of Terms)
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- 1.
- Our company will rent the vehicle (hereinafter referred to as the “Rental Car”) to the lessee (including the driver; hereinafter the same) in accordance with the provisions of this agreement, and the lessee shall rent it under these terms. Matters not specified in this agreement will be governed by laws or general practices.
- 2.
- Our company may respond to special terms that do not conflict with the purpose of this agreement, laws, or general practices. In such cases, the special terms shall take precedence.
Chapter 2 Rental Agreement
- Article 2 (Reservation)
-
- 1.
- The lessee may make a reservation by specifying in advance the vehicle type, start date and time, pickup location, rental period, return location, driver, and other rental conditions. Our company will accept reservations within the availability of rental cars.
- 2.
- The reservation specified in the previous clause must be made by paying a reservation deposit as separately specified.
- 3.
- If more than one hour passes from the reserved rental start time without the initiation of the rental agreement (hereinafter “Rental Agreement”), the reservation will be considered canceled.
- 4.
- When changing the rental conditions specified in Clause 1, prior approval from our company is required.
- Article 3 (Conclusion of the Rental Agreement)
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- 1.
- Our company will conclude the Rental Agreement upon the lessee’s application unless there are no rental cars available or the lessee meets any of the disqualification criteria outlined in Article 9. Our company may also require the lessee to present identification documents in addition to the driver’s license and may retain a copy.
- 2.
- The rental application shall be made by clearly stating the rental conditions specified in Article 2, Clause 1.
- 3.
- Upon concluding the Rental Agreement, our company will collect a rental fee as separately stipulated.
- Article 4 (Establishment of the Rental Agreement)
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- 1.
- The Rental Agreement is established when our company receives the rental fee and delivers the rental car to the lessee.
- 2.
- If our company cannot provide the reserved rental car due to an accident, theft, or other reasons beyond our control, we may offer a replacement rental car of a different model.
- 3.
- If the rental fee for the replacement rental car exceeds that of the reserved model, the reserved model’s rental fee will apply. If the replacement is less expensive, the lower fee will apply.
- 4.
- The lessee may refuse the offer of a replacement rental car as per Clause 2 and cancel the reservation.
- Article 5 (Cancellation of the Rental Agreement)
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- 1.
- If the lessee violates any of the following items during the rental period, our company may cancel the Rental Agreement without notice or demand and immediately request the return of the rental car. In this case, the rental fee collected will not be refunded.
- (1)
- If the lessee violates this agreement.
- (2)
- If an accident occurs due to reasons attributable to the lessee.
- (3)
- If the lessee meets any of the criteria listed in Article 9.
- 2.
- If the rental car becomes unusable due to defects before being handed over to the lessee, the lessee may cancel the Rental Agreement, except in cases subject to Article 22, Clause 3.
- Article 6 (Termination of the Rental Agreement Due to Force Majeure)
-
- 1.
- If the rental car becomes unusable during the rental period due to natural disasters or other force majeure events, the Rental Agreement will terminate.
- 2.
- If this occurs, the lessee must promptly notify our company of the situation.
- Article 7 (Early Termination)
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- 1.
- The lessee may terminate the Rental Agreement with the company’s consent, even during the rental period. In such cases, the lessee shall pay an early termination fee as specified in Article 25.
- 2.
- If the rental car is returned during the rental period due to an accident or malfunction attributable to the lessee, the Rental Agreement will be terminated.
- 3.
- In cases where the rental car is returned as per the previous clause, the rental fee collected will not be refunded.
- Article 8 (Change of Rental Conditions)
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- 1.
- After the Rental Agreement has been established, if the lessee wishes to change the rental conditions, they must first obtain approval from our company.
- 2.
- If the change of rental conditions would interfere with the company’s operations, the company may decline to accept the change.
- Article 9 (Refusal of the Rental Agreement)
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- 1.
- If the driver does not hold the necessary license for operating the rental car.
- 2.
- If the driver is under the influence of alcohol.
- 3.
- If the driver shows symptoms of intoxication from drugs, stimulants, paint thinners, etc.
- 4.
- If the driver at the time of car pickup differs from the driver specified during reservation.
- 5.
- If there is an outstanding payment for previous rentals.
- 6.
- If any acts listed in Article 17 were committed in previous rentals.
- 7.
- If any acts listed in Article 30 were committed in previous rentals (including rentals from other car rental companies).
- 8.
- If the driver is recognized as a member or affiliate of an organized crime group, an anti-social organization, or a company associated with such individuals.
Chapter 3 Rental Car
- Article 10 (Start Date and Location)
- Our company shall provide the rental car specified at the start date and location stated in Article 3, Clause 2.
- Article 11 (Rental Method)
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- 1.
- Our company, together with the lessee, shall perform daily inspection and maintenance as specified in Article 47-2 of the Road Transport Vehicle Act, and inspect the exterior and accessories of the car. Only after confirming that there are no deficiencies will we deliver the rental car.
- 2.
- If deficiencies are found during the inspection, our company will take necessary measures, such as replacement.
- 3.
- Upon handing over the rental car, our company will issue a rental certificate to the lessee as required by the transportation authority.
Chapter 4 Rental Fee
- Article 12 (Rental Fee)
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- 1.
- The amount of the rental fee received by our company under Article 4 will be based on the rate table submitted to and implemented by the local transportation authority at the time of rental.
- 2.
- The total rental fee received by our company includes the base rate and additional charges.
- Article 13 (Handling of Rate Changes)
- If the rental fee in Article 12 is revised after a reservation is made under Article 2, the rate at the time of reservation will apply.
Chapter 5 Responsibilities
- Article 14 (Periodic Inspection and Maintenance)
- Our company shall provide a rental car that has undergone periodic inspection and maintenance as required by Article 48 of the Road Transport Vehicle Act.
- Article 15 (Daily Inspection and Maintenance)
- The lessee must perform daily inspection and maintenance as stipulated in Article 47-2 of the Road Transport Vehicle Act before each use of the rental car during the rental period.
- Article 16 (Lessee’s Management Responsibility)
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- 1.
- The lessee shall use and store the rental car with the duty of care expected of a good manager.
- 2.
- The responsibility of the lessee under the previous clause begins upon receipt of the rental car and ends when it is returned to our company.
- Article 17 (Prohibited Acts)
- The lessee shall not engage in the following acts with the rental car during the rental period:
- 1.
- Use the rental car for commercial transportation or other similar purposes without our company’s consent and the necessary permits under the Road Transport Act.
- 2.
- Sublease the rental car or use it as collateral, thereby infringing upon the ownership rights of our company.
- 3.
- Alter or forge the vehicle registration number or license plate, or modify or alter the rental car without permission.
- 4.
- Use the rental car for various tests or competitions, or for towing or pushing other vehicles without our company’s approval.
- 5.
- Use the rental car in a manner that violates laws or public order and morals.
- 6.
- Obtain insurance for the rental car without our company’s consent.
- Article 18 (Obligation to Carry Rental Certificate)
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- 1.
- During the rental period, the lessee must carry the rental certificate issued by our company as specified in Article 11, Clause 3.
- 2.
- If the lessee loses the rental certificate, they must immediately notify our company.
- Article 19 (Liability for Damages)
- If the lessee causes damage to a third party or our company while using the rental car, they shall be liable for such damages unless it is due to reasons not attributable to the lessee.
Chapter 6 Handling of Vehicle Accidents
- Article 20 (Accident Handling)
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- 1.
- In the event of an accident during the rental period, the lessee must undertake the following actions:
- (1)
- Report the details of the accident to our company immediately.
- (2)
- Submit promptly any documents or evidence related to the accident as required by our company and our insurance provider.
- (3)
- Obtain prior approval from our company before settling or agreeing to terms with any third party involved in the accident.
- (4)
- Unless there is a special reason, repairs to the rental car shall be carried out by our company or at a facility designated by our company.
- 2.
- In addition to the steps above, the lessee shall make efforts to resolve the accident at their own responsibility.
- 3.
- Our company will advise and assist in handling the accident related to the rental car on behalf of the lessee.
- 4.
- To confirm the circumstances at the time of the accident, our company may install an onboard accident recording device. This device will record the conditions when an impact occurs or when the brakes are applied suddenly.
- 5.
- If deemed necessary, our company may verify the recorded data from the device mentioned above and take appropriate measures.
- Article 21 (Compensation)
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- 1.
- Based on the damage insurance contract for the rental car and our compensation system, our company will indemnify the lessee’s liability under Article 19 up to the following limits:
- (1)
- Bodily Injury Compensation: Unlimited per person
- (2)
- Property Damage Compensation: Unlimited per accident (deductible of 50,000 yen)
- (3)
- Vehicle Damage Compensation: Market value per accident (deductible of 50,000 yen)
- (4)
- Personal Injury Protection: Up to 50 million yen per person
- 2.
- The lessee shall be responsible for any damages that exceed the compensation limits specified in the previous clause.
- 3.
- If our company pays an amount exceeding the bodily injury compensation limit specified in Clause 1 on behalf of the lessee, the lessee shall promptly reimburse the excess amount to our company.
- Article 22 (Handling of Malfunctions, etc.)
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- 1.
- If the lessee notices any abnormality or malfunction in the rental car during the rental period, they shall immediately stop driving, notify our company, and follow our instructions.
- 2.
- If the abnormality or malfunction is due to the lessee’s intentional or negligent conduct, the lessee shall bear the costs for towing and repairs.
- 3.
- If the rental car becomes unusable due to a defect existing before the rental period, the lessee may request a replacement rental car or other appropriate measures from our company.
- 4.
- Except as specified in the previous clause, the lessee may not claim damages from our company for being unable to use the rental car.
- Article 23 (Exemption from Liability Due to Force Majeure)
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- 1.
- If the lessee is unable to return the rental car within the rental period due to a natural disaster or other force majeure, they shall not be held liable for any resulting damages. The lessee must immediately contact our company and follow our instructions in such cases.
- 2.
- If our company is unable to provide the rental car or a replacement due to natural disasters or other force majeure, the company shall not be held responsible for any damages incurred by the lessee. In such cases, our company will promptly inform the lessee.
- 3.
- Our company will not be held responsible for any damages incurred by the lessee or a third party due to the inability to use the rental car or due to property damage caused by a natural disaster or other force majeure.
Chapter 7 Cancellation, Refunds, etc.
- Article 24 (Reservation Cancellation, etc.)
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- 1.
- If the lessee cancels a reservation made under Article 2 or fails to conclude the rental agreement due to their own circumstances, they shall pay a reservation cancellation fee as separately specified. Upon payment of the cancellation fee, our company will refund the reservation deposit.
- 2.
- If our company cancels a reservation made under Article 2 or fails to conclude the rental agreement due to company circumstances, we will refund the reservation deposit and pay a penalty as separately specified.
- 3.
- If the rental agreement is not concluded for reasons other than those specified in the previous two clauses, the reservation will be considered canceled. In this case, our company will refund the reservation deposit.
- 4.
- Neither our company nor the lessee shall make any claims against each other for not concluding the rental agreement, except in cases specified in the previous three clauses.
- Article 25 (Early Termination Fee)
- If the lessee terminates the rental agreement early under Article 7, Clause 1, they shall pay the following early termination fee in addition to the rental fee for the period up to the termination date:
Early Termination Fee = { (Basic Rental Fee for the Full Contract Period) – (Basic Rental Fee for the Period from Start to Return) } × 50%
- Article 26 (Refund of Rental Fees)
-
- 1.
- Our company will refund all or part of the rental fee received from the lessee under the following circumstances:
- (1)
- If the lessee terminates the rental agreement under Article 5, Clause 2, our company will refund the full amount of the rental fee received.
- (2)
- If the rental agreement ends under Article 6, Clause 1, our company will refund the remaining amount of the rental fee received after deducting the fee corresponding to the period from the start of the rental to the termination of the rental agreement.
- (3)
- If the lessee terminates the rental agreement early under Article 7, Clause 1, our company will refund the remaining amount of the rental fee received after deducting the fee corresponding to the period from the start of the rental to the return due to early termination.
- 2.
- When processing the refunds specified in the previous clause, our company may offset any fees or amounts owed by the lessee, such as early termination fees.
Chapter 8 Return
- Article 27 (Inspection of the Rental Car upon Return)
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- 1.
- When returning the rental car to our company, the lessee must return it in the same condition as it was received, except for ordinary wear and tear from normal use.
- 2.
- Upon return, our company will inspect the condition of the rental car in the presence of the lessee.
- 3.
- Upon return, the lessee shall confirm, in the presence of our company, that there are no personal belongings left in the rental car by the lessee or their passengers. Our company assumes no responsibility for any items left behind after the car has been returned.
- Article 28 (Timing of Return)
-
- 1.
- The lessee shall return the rental car within the agreed rental period.
- 2.
- If the lessee changes the rental period as per Article 8, Clause 1, they shall pay either the rental fee corresponding to the new rental period or the lower amount between the original rental fee and any applicable excess fees.
- 3.
- If the lessee returns the rental car after the rental period has expired without the prior consent of our company as specified in Article 8, Clause 1, they shall pay a late return penalty calculated as follows:
Late Return Penalty = (Rental fee for the overdue period) × 100%
- Article 29 (Return Location)
-
- 1.
- The rental car shall be returned to the location specified in Article 3, Clause 2. However, if the return location is changed as per Article 8, Clause 1, the car shall be returned to the revised location.
- 2.
- If the return location is changed under the conditions specified in the previous clause, the lessee shall bear any additional costs for transferring the car to the new return location.
- 3.
- If the lessee returns the car to a location other than the one specified in Article 3, Clause 2, without our company’s consent as outlined in Article 8, Clause 1, they shall pay a location change penalty calculated as follows:
Location Change Penalty = 50% of the cost required for transferring the car to the specified return location
- Article 30 (Handling When the Rental Car is Not Returned)
- If the lessee does not return the rental car to the specified return location within 72 hours after the rental period has ended and fails to respond to our company’s request for its return, or if the lessee’s whereabouts are unknown, our company may take necessary actions, including filing a report for vehicle theft.
Chapter 9 Miscellaneous Provisions
- Article 31 (Late Payment Interest)
- If the lessee fails to fulfill any monetary obligations under this agreement, they shall pay our company late payment interest at an annual rate of 14.6%.
- Article 32 (Detailed Regulations of the Agreement)
-
- 1.
- Our company may establish detailed regulations in addition to this agreement for its implementation.
- 2.
- Any such detailed regulations will be displayed at our company’s offices and included in brochures and fee schedules issued by our company. The same applies when changes are made to these regulations.
- Article 33 (Jurisdiction)
- In the event of any disputes regarding the rights and obligations under this agreement, the court with jurisdiction over the location of our company’s head office or branch office shall be the court of exclusive jurisdiction.
Chapter 10 Parking Violations
- Article 34 (Handling of Parking Violations)
-
- 1.
- If the lessee or driver commits an illegal parking violation with the rental car as defined by the Road Traffic Act, they must promptly report to the police station with jurisdiction over the area where the violation occurred (hereinafter referred to as the “Jurisdictional Police Station”) and pay any fines, towing, storage, and retrieval costs associated with the violation (hereinafter referred to as “Violation Processing”) at their own responsibility and expense.
- 2.
- If our company is notified by the police of an illegal parking violation committed with the rental car, our company will contact the lessee or driver and instruct them to promptly move the rental car and report to the Jurisdictional Police Station to handle the violation before the rental period ends or as directed by our company. If the rental car is towed by the police, our company may retrieve the car directly from the police at our own discretion.
- 3.
- After providing instructions as specified in the previous clause, our company may confirm the status of the violation processing through official documentation such as the Traffic Violation Notice, Payment Slip, or Receipt, and if the violation has not been resolved, our company may continue to instruct the lessee or driver to handle the violation. If the lessee or driver does not comply with these instructions, our company may, without notice or demand, terminate the rental agreement and request the immediate return of the rental car. The lessee or driver must also sign a statement acknowledging the fact of the parking violation, reporting to the police station, and their willingness to comply with legal measures as an offender.
Chapter 11 Personal Information
- Article 35 (Purpose of Use of Personal Information)
- The purposes for which our company obtains and uses the personal information of the lessee or driver are as follows:
- 1.
- To verify and assess the identity of the lessee or driver.
- 2.
- To create rental certificates and fulfill obligations required as conditions for rental business permits under Article 80, Clause 1 of the Road Transport Act.
- Article 36 (Consent for Registration and Use of Personal Information)
- The lessee or driver consents to the registration of their personal information, including their name, date of birth, and driver’s license number, for a period not exceeding seven years for the purpose of evaluating eligibility to enter into future rental agreements, under any of the following circumstances:
- 1.
- When our company is ordered to pay a parking violation fine under Article 51-4, Clause 1 of the Road Traffic Act.
- 2.
- When there is an outstanding balance of parking violation-related costs.
- 3.
- When the rental vehicle is determined to have been improperly retained or not returned.
- Supplementary Provisions
- This agreement shall come into effect on November 1, 2015.