BROTHER’S RENT-A-CAR RENTAL AGREEMENT
CONSENT TO USE OF PERSONAL INFORMATION:
- The renter (including those intending to apply for a rental agreement) and the driver (hereinafter referred to as "the Renter" and "the Driver," respectively) agree that the Company may use their personal information for the following purposes:
(1) To fulfill the obligations of a car rental business based on the Basic Notification concerning rental. cars. (Jiji No. 138, June 13, 1995; hereinafter referred to as "the Basic Notification"), such as creating rental agreements.
(2) To verify the identity of the Renter or the Driver and conduct screening.
(3) To provide the Renter or the Driver with information regarding automobiles, insurance, mobile phones, other products and services handled by the Company, or various events and campaigns, by sending promotional materials, emails, or other methods.
(4) To conduct questionnaire surveys for the Renter or the Driver for the purpose of product development or consideration of measures to improve customer satisfaction.
(5) To aggregate and analyze personal information after processing it into a format that does not identify the individual, for the purpose of product planning, development, and improvement of customer satisfaction, and to provide the Renter with information on products and services for business purposes.
- Provision of Personal Information to Third Parties:
- The Renter agrees that the Company may provide the Renter's personal information to third parties within the scope shown below. However, the Renter can request the cessation of the provision of their personal information to the relevant third party.
(1) Information to be Provided: Information regarding the car rental, such as the vehicle class. used, purpose of use, rental start date and time, as well as personal information such as the Renter's name and address.
(2) Recipients and Purposes of Use:
- Entities that have concluded a franchise agreement with BROTHER’S RENT-A-CAR operated by the Company.
- Entities that have concluded an information provision agreement with the Company.
- Toll road operating companies, etc., used by the Renter or the Driver (as defined in Article 14, Paragraph 4).
Chapter 1: GENERAL PROVISIONS
Article 1 (Application of These Terms and Conditions)
- The Company shall rent out rental vehicles (hereinafter referred to as "rental cars") to the Renter in accordance with these Terms and Conditions (hereinafter referred to as "the Terms") and the detailed rules. The Renter shall rent the rental car after understanding these Terms and the detailed rules. Matters not stipulated in these Terms and the detailed rules shall be governed by laws and regulations or general customs.
- The Company may agree to special provisions within the scope that does not contradict the purpose of these Terms and the detailed rules, laws and regulations, and general customs. In the event of special provisions, those special provisions shall take precedence over these Terms and the detailed rules.
- When the Renter designates a driver different from the Renter upon concluding the rental agreement, the Renter shall inform the driver of the matters stipulated as the driver's obligations in these Terms and the detailed rules and ensure their compliance.
Chapter 2: RESERVATIONS
Article 2 (Reservation Application)
- When renting a rental car, the Renter may apply for a reservation by specifying the vehicle class, purpose of use, 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 advance, using the method prescribed by the Company and agreeing to the Company's prescribed price list, etc.
- When the Company receives a reservation application from the Renter, the Company shall, in principle, accept the reservation within the range of rental cars owned by the Company and the Rental Conditions approved by the Company. In this case, the Renter shall pay the reservation application fee prescribed by the Company, unless specifically approved by the Company.
- Article 3 (Reservation Changes)
- If the Renter intends to change the Rental Conditions, the Renter shall obtain the Company's consent.
Article 4 (Reservation Cancellation, etc.)
- The Renter and the Company shall conclude a rental car agreement (hereinafter referred to as "the Rental Agreement") by the rental start date and time specified in Article 2, Paragraph 1.
- The Renter and the Company may cancel the reservation using the method prescribed by the Company. If the Rental Agreement is not concluded even after one hour has passed from the reserved rental start time, the reservation shall be deemed cancelled regardless of the reason.
- If the reservation is cancelled due to the Renter's circumstances, the Renter shall pay the Company the prescribed reservation cancellation fee separately stipulated, and the Company shall return the received reservation application fee to the Renter when this reservation cancellation fee is paid.
- If the reservation is cancelled due to the Company's circumstances, the Company shall return the received reservation application fee to the Renter.
- If the Rental Agreement is not concluded due to reasons other than the preceding two paragraphs, the reservation shall be cancelled. In this case, the Company shall return the received reservation application fee to the Renter.
- The Renter and the Company shall not make any claims against each other regarding the cancellation of the reservation and the non-conclusion of the Rental Agreement, except in the cases stipulated in this article and the following article.
Article 5 (Substitute Rental Car)
- If the Company is unable to provide a rental car that meets the conditions specified in the reservation by the Renter, such as the vehicle class, accessories, smoking/non-smoking preference, and transmission specifications (hereinafter referred to as "Conditions"), the Company shall immediately notify the Renter.
- In the case of the preceding paragraph, if it is possible to provide a rental car other than the reserved Conditions, notwithstanding Article 4, Paragraphs 4 and 5, the Company may offer the Renter a rental car with different Conditions from the reservation (hereinafter referred to as "Substitute Rental Car")
- If the Renter accepts the offer in the preceding paragraph, the Company shall provide the Substitute Rental Car under the same Rental Conditions as the reservation, except for the conditions that were not met. In this case, the Renter shall pay the lower of the rental fee for the Substitute Rental Car and the rental fee for the reserved Conditions.
- If the Renter rejects the offer in Paragraph 2, the reservation shall be cancelled, and Article 4, Paragraph 5 shall apply to the handling of the reservation application fee, etc.
Article 6 (Reservation Agency Services)
- The Renter may apply for a reservation at a travel agency, affiliated company, etc. (hereinafter referred to as "Agency") that handles reservation services on behalf of the Company.
- If the application in the preceding paragraph is made, the Renter shall make changes or cancellations to the reservation to the Agency that made the application.
Chapter 3: Lending
Article 7 (Conclusion of Rental Agreement)
- The Renter shall clearly state the Rental Conditions, and the Company shall clearly state the lending conditions based on the Terms, price list, etc., and conclude the Rental Agreement.
- Based on Basic Notification 2(10) and (11), in order to record the driver's name, address, type of driver's license, and driver's license number in the lending ledger (lending original slip) and the rental certificate stipulated in Article 13, or attach a copy of the driver's license, the Company shall, upon concluding the Rental Agreement, request the Renter to present the driver's license of the driver designated by the Renter, and if the Company deems it necessary, 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 and submit a copy thereof if requested by the Company. If the Renter and the driver are different, the Renter shall have the driver present their driver's license and submit a copy thereof if requested by the Company.
- Upon concluding the Rental Agreement, the Company may request the Renter to submit documents to verify their identity in addition to the driver's license and take copies of the submitted documents.
- Upon concluding the Rental Agreement, the Company shall request the Renter or the driver to provide emergency contact information such as a mobile phone number.
- Upon concluding the Rental Agreement, the Company may specify the payment method such as credit card or cash to the Renter.
- If the Renter or the driver does not comply with the preceding five paragraphs, the Company may refuse to conclude the Rental Agreement and cancel the reservation. In this case, Article 4, Paragraph 5 shall apply to the handling of the reservation application fee, etc.
Article 8 (Refusal of Lending)
- The Company may refuse to conclude the Rental Agreement and cancel the reservation if the Renter or the driver falls under any of the following items:
(1) Not possessing a driver's license necessary to drive the rental car.
(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) Having a child under 6 years old as a passenger despite not having a child seat.
(5) Being recognized as belonging to a designated organized crime group, a member or affiliate of a designated organized crime group, or other anti-social organization.
(6) Using violent acts or language against the Company's employees or other related parties or demanding burdens exceeding a reasonable range in connection with transactions with the Company.
(7) Spreading rumors, or damaging the Company's credibility or obstructing its business. by using fraud or force.
(8) Having committed an act that violates the Terms and detailed rules.
(9) Other cases where the Company deems it inappropriate.
- Notwithstanding the preceding paragraph, the Company may also refuse to conclude the Rental Agreement and cancel the reservation in the following cases:
(1) When there are no rental cars available for lending.
(2) When the Renter or the driver has a child under 6 years old as a passenger despite not. having a child seat.
- Article 4, Paragraphs 3 to 6 shall apply to the handling of the reservation application fee, etc. in cases where the Company refuses to conclude the Rental Agreement based on the preceding two paragraphs.
Article 9 (Establishment of Rental Agreement, etc.)
- The Rental Agreement shall be established when the Renter signs the Rental Agreement and the Company delivers the rental car (including accessories; the same shall apply hereinafter) to the Renter. In this case, the received reservation application fee shall be applied to part of the rental fee.
- The delivery in the preceding paragraph shall be made at the rental start date and time and rental location specified in Article 2.
Article 10 (Rental Fee)
- When the Rental Agreement is established, the Renter shall pay the Company the rental fee stipulated in the following paragraph.
- The rental fee shall be the total amount of the following, and the Company shall clearly indicate each amount or its inquiry destination in the price list:
(1) Basic fee
(2) Collision Damage Waiver fee
(3) Optional service fee
(4) One-way service fee
(5) Fuel cost
(6) Vehicle delivery and pick-up fee
(7) Other fees
- The basic fee shall be based on the fee reported to the Director of the Local Transport Bureau, the Director of the Hyogo Land Transport Department of the Kobe Transport Management Department, or the Director of the Okinawa General Bureau Land Transport Office at the time of renting the rental car.
- If the Company revises the rental fee after the reservation is completed according to Article 2, the Renter shall pay the lower of the fee applied at the time of reservation completion and the fee at the time of rental.
Article 11 (Changes to Rental Conditions)
After the conclusion of the Rental Agreement, if the Renter intends to change the Rental Conditions stipulated in Article 7, the Renter shall obtain the Company's consent.
Article 12 (Inspection and Maintenance, etc.)
- The Company shall rent out rental cars that have been inspected and necessary maintenance has been carried out as stipulated in Article 47-2 (Daily Inspection and Maintenance) and Article 48 (Periodic Inspection and Maintenance) of the Road Transport Vehicle Law.
The lessee or driver shall inspect the exterior of the rental vehicle and its accessories based on a separately designated inspection checklist at the time of rental, confirm that there are no maintenance deficiencies, and ensure that the rental vehicle meets the leasing conditions.
Article 13 (Issuance and Carrying of Rental Certificate, etc.)
- When the Company delivers the rental car, the Company shall issue a prescribed rental certificate containing the information specified by the Director of the Local Transport Bureau, the Director of the Hyogo Land Transport Department of the Kobe Transport Management Department, or the Director of the Okinawa General Bureau Land Transport Office to the Renter in writing (including electronic methods such as email).
- The Renter or the driver shall carry (including carrying by electronic recording) the rental certificate issued pursuant to the preceding paragraph while using the rental car.
- If the Renter or the driver loses the rental certificate, the Renter or the driver shall immediately notify the Company.
Chapter 4: Use
Article 14 (Renter's Management Responsibility)
- The Renter or the driver shall use and store the rental car with the care of a good manager from the time of delivery until its return to the Company (hereinafter referred to as "during use").
- When using the rental car, the Renter or the driver shall use the rental car in compliance with laws, regulations, these Terms, detailed rules, instruction manuals, and other usage methods presented by the Company.
- If the Renter or the driver uses toll roads such as highways, paid 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 inquiries, etc. from toll road operating companies, etc. (hereinafter referred to as "toll road operating companies, etc.") regarding unpaid toll road usage fees, etc. of the Renter or the driver when the ETC system is used, the Company may disclose information about the Renter or the driver to the toll road operating companies, etc., and the Renter or the driver agrees to this.
Article 15 (Daily Inspection and Maintenance)
During use, the Renter or the driver shall perform daily inspection and maintenance on the. rented car as stipulated in Article 47-2 (Daily Inspection and Maintenance) of the Road Transport Vehicle Law before each day of use.
Article 16 (Prohibited Acts)
The Renter or the driver shall not perform the following acts during use:
(1) Using the rental car for automobile transportation business or similar purposes without 1 the Company's consent and permission, etc. based on the Road Transportation Law.
(2) Using the rental car for purposes other than the prescribed purpose of use or allowing a person other than the driver specified in Article 7 to drive it.
(3) Subleasing the rental car, allowing a third party to use it, or performing acts such as using it as collateral.
(4) Forging or altering the automobile registration number plate or vehicle number plate of the rental car, or changing its original condition by modifying or remodeling the rental car.
(5) Using the rental car for various tests or competitions (including those that the Company determines to be competitions) or using it for towing or pushing other vehicles without the Company's consent.
(6) Using the rental car in violation of laws or public order and morals.
(7) Purchasing damage insurance for the rental car without the Company's consent.
(8) Taking the rental car outside of Japan.
(9) Performing acts that cause significant inconvenience to the Company or other renters (including, but not limited to, soiling the rental car, such as leaving items, etc. in the rental car or smoking in non-smoking vehicles).
(10) Performing other acts that violate the Rental Conditions or lending conditions of Article. 7.
Article 17 (Illegal Parking)
- If the Renter or the driver commits illegal parking as stipulated in the Road Traffic Law regarding the rental car, the Renter or the driver shall immediately appear at the police station having jurisdiction over the area where the illegal parking occurred (hereinafter referred to as "the jurisdictional police station") and pay the traffic violation fine, etc. related to the illegal parking and various expenses such as towing, storage, and retrieval, etc. associated with the illegal parking (hereinafter referred to as "violation processing") at their own responsibility and expense.
- If the Company receives notification of illegal parking of the rental car from the police, the Company shall contact the Renter or the driver, instruct them to promptly move the rental car and appear at the jurisdictional police station to perform violation processing by the end of the rental period or at the time instructed by the Company, and the Renter or the driver shall comply with this. If the rental car is moved by the police, the Company may retrieve the rental car from the police at its own discretion.
- After giving the instructions in the preceding paragraph, the Company shall, at its own discretion, confirm the status of the violation proc 1 essing using traffic violation notices, payment slips, receipts, etc., and if the processing has not been completed, the Company shall repeatedly give the instructions in the preceding paragraph to the Renter or the driver until the processing is completed. If the Renter or the driver does not comply with the instructions in the preceding paragraph, the Company may cancel the Rental Agreement without any notice or demand, demand the immediate return of the rental car, and the Renter or the driver shall sign a prescribed document (hereinafter referred to as "Self-Acknowledgement") acknowledging the fact of illegal parking and appearing at the police station, etc., and complying with legal measures as a violator.
- Notwithstanding the provisions regarding the handling of personal information at the beginning of these Terms, the Renter or the driver agrees that if the Company deems it necessary, the Renter or the driver shall provide necessary cooperation, such as submitting documents including personal information such as the Self-Acknowledgement and the Rental Certificate to the police, and submit a written explanation, the Self-Acknowledgement, and documents such as the Rental Certificate to the Public Safety Commission as stipulated in Article 51-4, Paragraph 6 of the Road Traffic Law.
- If the Renter or the driver does not complete the violation processing by the time of returning the rental car, if the Company bears the expenses required for searching for the Renter, the driver, or the rental car (hereinafter referred to as "Search Expenses"), or if the Company bears the expenses required for moving, storing, and retrieving the vehicle, etc. (hereinafter referred to as "Vehicle Management Expenses"), the Renter shall pay the Company the following expenses by the date specified by the Company:
(1) Amount equivalent to the parking violation fine
(2) Parking violation penalty separately stipulated by the Company
(3) Search and Vehicle Management Expenses
６．If the parking violation fine is refunded to the Company because the traffic violation related to. the parking violation was paid, prosecution was initiated, or a family court hearing was held after the Renter paid the parking violation fine to the Company based on the preceding paragraph, the Company shall return the parking violation fine to the Renter.
７．When the Company receives an order to pay the parking violation fine pursuant to the. preceding paragraph, or when the Renter does not pay the full amount of the claim stipulated in the same paragraph by the date specified 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 National Rent-A-Car Association system, and the Renter agrees to this.
Article 18 (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 may be recorded in the Company's prescribed system, and that the Company may use the recorded information for the following purposes:
(1) To confirm that the rental car has been returned to the specified location at the end of the. Rental Agreement.
(2) To confirm the current location, etc. of the rental car in the cases stipulated in each item of Article 25, Paragraph 1, and in other cases where it is deemed necessary for the management of the rental car or the performance of the Rental Agreement, etc.
(3) To use it for marketing analysis for the purpose of improving the quality of products and services provided to the Renter and the driver, improving customer satisfaction, etc.
2. The Renter and the driver agree that the Company may provide the recorded information. stipulated in the preceding paragraph to the Company after processing it into a format that does not identify or specify the Renter and driver individually.
3. The Renter and the driver agree that the Company may disclose the information recorded by the GPS Function in Paragraph 1 to the extent necessary if disclosure is requested based on laws and regulations or if a disclosure request or disclosure order is received from a court, administrative agency, or other public institution.
Article 19 (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 will use the recorded information for the following purposes:
(1) To confirm the situation at the time of an accident if an accident 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 use it for marketing analysis for the purpose of improving the quality of products and services provided to the Renter and the driver, improving customer satisfaction, etc.
- The Renter and the driver agree that the Company may provide the recorded information stipulated in the preceding paragraph to the Company after processing it into a format that does not identify or specify the Renter and driver individually.
- The Renter and the driver agree that the Company may disclose the information recorded by the drive recorder in Paragraph 1 to the extent necessary if disclosure is requested based on laws and regulations or if a disclosure request or disclosure order is received from a court, administrative agency, or other public institution.
Article 20 (ETC Card Lending Service)
- If the Renter and the driver use the ETC card lending service, they agree to the following matters: (1) The toll fees during use will be fully settled based on the information recorded on the IC chip of the ETC card upon returning the rental car.
(1) There are toll adjustments or discounts that are not recorded on the IC chip. (Toll adjustment for transfers during road closures, ETC discount services of some road operators)
(2) If unpaid toll fees are discovered later as described below, additional settlement will be. made.
・If usage fees that were forgotten to be reported are discovered.
・If the travel history and amount could not be confirmed due to an abnormality of the ETC card or the settlement machine.
・If the rental car is returned to a store where the travel history cannot be confirmed for any reason.
(3) If the ETC card is lost or stolen, etc., the Renter and the driver will contact the Company, and the Renter and the driver will compensate for any damages caused by unauthorized use, etc. by a third party resulting from these.
(4) The Renter and the driver will handle troubles caused by the Renter's and the driver's negligence, etc. (excluding those recognized as traffic accidents), and the Company will not be liable for any responsibility.
(5) The Renter and the driver will not lend the ETC card to a third party.
(6) If the rental car and the ETC card are not returned even after the rental period has expired, the Renter agrees that the Company will request the road operator to suspend the use of the lent ETC card.
(7) If an inquiry about the ETC card user is received from the road operator (including after the expiration of the rental period), the Company will disclose the user's personal information such as name, address, and contact information as requested.
Chapter 5: Return
Article 21 (Renter's Return Responsibility)
- The Renter shall return the rental car to the Company at the designated return location by the end of the rental period.
- If the Renter is unable to return the rental car within the rental period due to a natural disaster or other force majeure, the Renter shall immediately contact the Company and follow the Company's instructions.
Article 22 (Confirmation of Rental Car, etc.)
- The Renter shall return the rental car in the same condition as at the time of delivery, except for deterioration or wear and tear due to normal use or damage caused by reasons not attributable to the Renter or the driver, in the presence of the Company.
- Upon returning the rental car, the Renter shall confirm that there are no belongings left behind by the Renter, the driver, or any passengers inside the rental car.
Article 23 (Return Time of Rental Car, etc.)
- If the Renter extends the rental period pursuant to Article 11, the Renter shall pay the lower of the rental fee corresponding to the changed rental period or the sum of the rental fee before the change and the excess charge.
- If the Renter returns the rental car after exceeding the rental period without obtaining the Company's consent pursuant to Article 11, the Renter shall pay, in addition to the fee in the preceding paragraph, a penalty equivalent to double the excess charge for the exceeded time.
Article 24 (Return Location of Rental Car, etc.)
- If the Renter changes the designated return location pursuant to Article 11, the Renter shall bear the expenses required for return transportation due to the change of the return location (hereinafter referred to as "Return Transportation Expenses").
- 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 11, the Renter shall pay a penalty equivalent to double the Return Transportation Expenses.
Article 25 (Measures When Rental Car Is Not Returned)
- If any of the following items applies to the Renter, the Company shall take necessary measures to confirm the location of the rental car using the GPS function, in addition to legal procedures such as filing a criminal complaint, and shall take measures such as reporting non-return damage to the National Rent-A-Car Association and registering it in the National Rent-A-Car Association system, and the Renter agrees to this.
(1) When the Renter does not respond to the Company's request for return even though the rental period has expired.
(2) When it is recognized as non-return, such as when the Renter's whereabouts are unknown.
- In the case of each item in the preceding paragraph, the Renter shall pay the Company the expenses, etc. incurred by the Company for searching for the Renter and recovering the rental car
Article 26 (Agreement on Registration and Use of Lending Information)
- Notwithstanding the provisions regarding the handling of personal information at the beginning of these Terms, if any of the following items applies to the Renter, the Renter agrees that information based on objective lending facts, including the Renter's name, date of birth, driver's license number, etc. (hereinafter referred to as "Lending Information"), will be registered in the National Rent-A-Car Association system and the lending caution list for a period not exceeding seven years.
(1) When the Renter or the driver does not pay the parking violation fine stipulated in Article 17, Paragraph 5 to the Company by the date specified by the Company.
(2) When the Renter falls under each item of Paragraph 1 of the preceding article.
- Notwithstanding the provisions regarding the handling of personal information at the beginning of these Terms, the Renter agrees to the following matters:
(1) That the Lending Information registered in the National Rent-A-Car Association system will be used by the National Rent-A-Car Association and its member prefectural rent-a-car associations and their member businesses.
(2) That the Lending Information registered in the lending caution list will be used by M7Group stores.
Chapter 6: Measures in Case of Breakdown , Accident, or Theft
Article 27 (Breakdown of Rental Car)
- If the Renter or the driver discovers an abnormality or breakdown of the rental car during use, they shall immediately stop driving, contact the Company, and follow the Company's instructions.
Article 28 (Accident)
- If an accident involving the rental car occurs during use, the Renter or the driver shall immediately stop driving, take the 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, perform the repair at the Company or a factory designated by the Company, unless approved by the Company.
(3) Cooperate with investigations by the Company and the insurance company with which the Company has a contract regarding the accident, and submit documents, etc. requested by the Company and the insurance company without delay.
(4) Obtain the Company's prior consent when making a settlement or other agreement with. the other party regarding the accident.
- In addition to 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 cooperate in its resolution.
- The Company shall record the situation when an impact occurs or sudden braking is performed on a vehicle equipped with a drive recorder or an in-vehicle accident recording device, or both, for the purpose of confirming the situation at the time of the accident.
- The Company shall take measures such as verifying the records in the preceding paragraph when deemed necessary.
Article 29 (Theft)
- If the rental car is stolen or suffers other damage during use, the Renter or the driver shall take the following measures:
(1) Immediately report to the nearest police station.
(2) Immediately report the damage situation, etc. to the Company and follow the. Company's.instructions.
(3) Cooperate with investigations by the Company and the insurance company with which the Company has a contract regarding the theft/damage, and submit documents, etc. requested by the Company and the insurance company without delay.
Article 30 (Termination of Rental Agreement Due to Unavailability)
- If the rental car becomes unusable due to breakdown, accident, theft, or other reasons (hereinafter referred to as "Breakdown, etc.") during the rental period, the Rental Agreement shall be terminated.
- In the case of the preceding paragraph, the Renter shall bear the expenses required for retrieving and repairing the rental car, etc., and the Company shall not return the received rental fee. 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 that the rental car does not conform to the rental conditions, the Renter may receive a substitute rental car from the Company. Article 5, Paragraph 3 shall apply mutatis mutandis to the provision conditions of the substitute rental car.
- If the Renter does not receive the substitute rental car provided in the preceding paragraph, the Company shall return the received rental fee in full. The same shall apply when the Company cannot provide a substitute rental car.
- If the Breakdown, etc. is caused by reasons not attributable to either the Renter, the driver, or the Company, the Company shall return to the Renter the remaining amount after deducting the rental fee corresponding to the period from the rental to the termination of the Rental Agreement from the received rental fee.
- The Renter shall not make any claims against the Company for damages caused by the inability to use the rental car, other than the measures stipulated in this article. However, this shall not apply if the Breakdown, etc. is caused by the Company's intentional or gross negligence.
Chapter: Compensation and Indemnity
Article 31 (Compensation and Business Compensation by Renter)
- If the Renter or the driver causes damage to the Company's rental car (including rental cars received through proxy lending based on the provisions of Article 38) in connection with the use of the rented rental car, the Renter shall compensate for the damage. However, this shall not apply to cases due to reasons not attributable to the Renter and the driver
- If the Renter is liable for damages pursuant to the preceding paragraph, damages due to accidents, theft, breakdowns due to reasons attributable to the Renter or the driver, soiling or odor of the rental car, etc. that make the rental car unusable for the Company shall be in accordance with the provisions of the price list, etc., and the Renter shall pay for them.
- If the Renter or the driver causes damage to a third party or the Company due to the Renter's or the driver's intention or negligence during the use of the rented rental car (including rental cars received through proxy lending based on the provisions of Article 38), the Renter shall compensate for the damage.
- Notwithstanding the preceding paragraphs, with regard to damage caused by a disaster designated as a severe disaster based on Article 2 of the Act on Special Financial Assistance for Coping with Severe Disasters (Act No. 150 of 1962) (hereinafter referred to as "Severe Disaster"), the Renter or the driver shall not be required to compensate for the damage, except in cases where the Renter or the driver had intentional or gross negligence, such as damage related to a rental car that was lost, damaged, or otherwise suffered damage due to force majeure in the area designated as the Severe Disaster.
Article 32 (Insurance)
- When the Renter is liable for compensation based on these Terms and detailed rules, and when the driver is liable for compensation under Paragraph 3 of the preceding article, insurance benefits within the following limits will be paid under the damage insurance contract concluded by the Company for the rental car. However, this insurance benefit will not be paid if it falls under the disclaimer of the insurance policy.
(1) Personal Injury Liability: Unlimited per person (including compulsory automobile liability. insurance)
(2) Property Damage Liability: Unlimited per accident (deductible: 50,000 yen)
(3) Vehicle Damage Liability: Up to the market value per accident (deductible: 50,000 yen; however, 100,000 yen for foreign cars and some luxury cars)
(4) Personal Injury Compensation: Up to 30,000,000 yen per person
- Damages for which insurance benefits are not paid and damages exceeding the insurance amount paid under the provisions of the preceding paragraph shall be borne by the Renter or the driver.
- If the Company has paid the damages to be borne by the Renter or the driver as stipulated in the preceding paragraph, the Renter or the driver shall immediately reimburse the Company for the amount paid by the Company.
- Regarding damage equivalent to the deductible amount of the insurance benefits stipulated in Paragraph 1, if the Renter has paid the deductible compensation fee to the Company in advance, it shall be borne by the Company. However, if the deductible compensation fee has not been paid, it shall be borne by the Renter.
- The amount equivalent to the insurance premium of the damage insurance contract stipulated in Paragraph 1 is included in the rental fee.
Chapter: Cancellation
Article 33 (Cancellation of Rental Agreement)
The Company may cancel the Rental Agreement without any notice or demand and immediately demand the return of the rental car if the Renter violates these Terms and detailed rules during the rental period. In this case, if there is a remaining amount after deducting the rental fee corresponding to the period from the rental to the cancellation and the amount of damages due to the cancellation from the received rental fee, the Company shall return it to the Renter.
Article 34 (Agreed Cancellation)
- The Renter may cancel the Rental Agreement even during the rental period with the Company's consent. In this case, the Company shall return to the Renter the remaining amount after deducting the total amount of the rental fee corresponding to the period from the rental to the return and the cancellation fee from the received rental fee.
- When canceling pursuant to the preceding paragraph, the Renter shall pay the following cancellation fee to the Company: Cancellation Fee = {(Basic Fee corresponding to the scheduled rental period) - (Basic Fee corresponding to the period from the rental to the return)} x 50%
- Notwithstanding the provisions of the preceding paragraph, if the Renter has concluded the Rental Agreement based on a reservation made through a travel agency, the cancellation fee shall be the lower of the amount obtained by deducting the "rental fee corresponding to the period from the rental to the return" from the "rental fee corresponding to the scheduled rental period" or 5,500 yen.
Chapter 9: Miscellaneus Provisions
Article 35 (Set-off)
The Company may set off any monetary obligations it owes to the Renter under these Terms. and detailed rules against any monetary obligations the Renter owes to the Company at any time.
Article 36 (Consumption Tax)
The Renter shall pay the Company the consumption tax (including local consumption tax). levied. on transactions under these Terms and detailed rules.
Article 37 (Late Payment Charge)
If the Renter or the Company fails to perform its monetary obligations under these Terms and. detailed rules, it shall pay the other party a late payment charge at an annual rate of 14.6%.
Article 38 (Proxy Lending Business Operator)
If another business operator performs the lending of rental cars on behalf of the Company (said business. operator is referred to as the "Proxy Lending Business Operator"), the provisions of "the Company" in these Terms may be read as "the Proxy Lending Business Operator." However, this shall not apply to matters concerning "Handling of Personal Information," Article 12, Article 16, Articles 27 to 29 (however, the contact information in case of breakdown, accident, theft, etc. of the rental car shall be the Company and the Proxy Lending Business Operator), and Article 41
Article 39 (Governing Law, etc.)
- The governing law shall be Japanese law.
- If there is any discrepancy between the Japanese version of these Terms and the English or other non-Japanese versions, the Japanese version shall prevail.
Article 40 (Provision of Information on Important Matters)
- The Company shall endeavor to provide the Renter with information on important matters among these Terms and detailed rules, such as the details of the Renter's liability for damages and business compensation, the details and conditions of the Company's insurance or compensation system, measures to be taken by the Renter in the event of breakdown, accident, or theft, measures in the event of illegal parking, and measures in the event of late return, in a clear and easy-to-understand manner before lending.
- The Renter shall endeavor to understand the contents of these Terms and detailed rules.
Article 41 (Display of Terms and Detailed Rules, etc.)
- The Company shall show the Terms, etc. to the Renter by one of the following methods:
(1) Displaying them in an easily visible manner to the public at the Company's business offices (including displaying them on electronic devices such as displays).
(2) Posting them on websites, etc. in an easily visible manner.
(3) Presenting them in writing (including electronic methods such as email).
- The Company shall also provide the Renter with an overview of the Terms, etc. through pamphlets, price lists, etc. issued by the Company. The same shall apply if these are changed.
Article 42 (Jurisdictional Court)
If a dispute arises regarding the rights and obligations under these Terms and detailed rules, the court having jurisdiction over the location of the Company's head office shall be the exclusive agreed jurisdictional co 1 urt
Article 43 (Priority of the Japanese Text)
In the event of any discrepancies in wording or terminology between the Japanese text of. these. Terms and Conditions and the English text, the Japanese text shall be the official text and shall prevail.
Supplementary Provisions
These Terms shall come into effect on Feb, 5, 2025.
