Car Rental Agreement
Chapter 1: General Provisions
Article 1 (Application of Agreement)
- The Company shall rent a motor vehicle (hereinafter referred to as the "Rental Car") to the Renter in accordance with the provisions of this Agreement, and the Renter shall rent the same.
- Matters not stipulated in this Agreement shall be governed by applicable laws and regulations or general customs.
- The Company may accept special agreements to the extent that they do not violate the purpose of this Agreement, laws and regulations, administrative notices, or general customs. In the event of a special agreement, the special agreement shall take precedence over this Agreement.
Chapter 2: Reservations
Article 2 (Application for Reservation)
- When renting a Rental Car, the Renter may apply for a reservation by explicitly stating the vehicle class, rental start date and time, rental location, rental period, return location, driver, need for accessories such as child seats, and other rental conditions (hereinafter referred to as the "Rental Conditions") by a method specified separately, after agreeing to this Agreement and the separately specified fare table, etc.
- When the Company receives a reservation application from the Renter, the Company shall, in principle, accept the reservation within the scope of the Rental Cars owned by the Company. In this case, the Renter shall pay a reservation deposit specified separately, unless otherwise approved by the Company.
Article 3 (Change of Reservation)
If the Renter wishes to change the Rental Conditions set forth in paragraph 1 of the preceding Article, the Renter must obtain the prior consent of the Company.
Article 4 (Cancellation of Reservation, etc.)
- The Renter may cancel the reservation by a method specified separately.
- If the Renter fails to initiate the procedures for concluding the car rental contract (hereinafter referred to as the "Rental Contract") even after one hour or more has passed since the reserved rental start time due to the Renter's convenience, the reservation shall be deemed cancelled.
- In the cases set forth in the preceding two paragraphs, the Renter shall pay a reservation cancellation fee to the Company as specified separately, and the Company shall refund the received reservation deposit to the Renter when the reservation cancellation fee is paid.
- If the reservation is cancelled or the Rental Contract is not concluded due to the Company's convenience, the Company shall refund the received reservation deposit and pay liquidated damages as specified separately.
- If the Rental Contract is not concluded due to an accident, theft, non-return, recall, natural disaster, or other reasons not attributable to either the Renter or the Company, the reservation shall be deemed cancelled. In this case, the Company shall refund the received reservation deposit.
Article 5 (Alternative Rental Car)
- If the Company is unable to rent the Rental Car of the vehicle class reserved by the Renter, the Company may offer to rent a Rental Car of a different vehicle class (hereinafter referred to as the "Alternative Rental Car").
- When the Renter accepts the offer in the preceding paragraph, the Company shall rent the Alternative Rental Car under the same Rental Conditions as at the time of reservation, except for the vehicle class. If the rental fee for the Alternative Rental Car is higher than the rental fee for the reserved vehicle class, the rental fee for the reserved vehicle class shall apply; if it is lower, the rental fee for the vehicle class of the Alternative Rental Car shall apply.
- The Renter may refuse the offer to rent the Alternative Rental Car set forth in paragraph 1 and cancel the reservation.
- In the case of the preceding paragraph, if the reason why the rental set forth in paragraph 1 cannot be made is attributable to the Company, it shall be treated as a cancellation of the reservation under Article 4, paragraph 4, and the Company shall refund the received reservation deposit and pay liquidated damages as specified separately.
- In the case of paragraph 3, if the reason why the rental set forth in paragraph 1 cannot be made is not attributable to the Company, it shall be treated as a cancellation of the reservation under Article 4, paragraph 5, and the Company shall refund the received reservation deposit.
Article 6 (Exclusion of Liability)
Except as provided in Articles 4 and 5, neither the Company nor the Renter shall make any claims against each other regarding the cancellation of the reservation or the non-conclusion of the Rental Contract.
Article 7 (Agency of Reservation Services)
- The Renter may apply for a reservation at a travel agency, affiliated company, etc. (hereinafter referred to as the "Agent") that handles reservation services on behalf of the Company.
- The Renter who made the application to the Agent may apply for a change or cancellation of the reservation only to that Agent.
Chapter 3: Rental (Handover)
Article 8 (Conclusion of Rental Contract)
- The Renter shall explicitly state the Rental Conditions provided in Article 2, paragraph 1, and the Company shall explicitly state the rental conditions based on this Agreement, fare table, etc., to conclude the Rental Contract; provided, however, that this shall not apply if there is no Rental Car available for rent, or if the Renter or Driver falls under any of the items of Article 9, paragraphs 1 or 2.
- When the Rental Contract is concluded, the Renter shall pay the rental fee specified in Article 11, paragraph 1 to the Company.
- Based on the Basic Notice of the Regulatory Agency (Note 1), the Company shall enter the driver's name, address, type of driver's license, and driver's license number (Note 2) in the rental register (original rental slip) and the rental certificate prescribed in Article 14, paragraph 1, or attach a copy of the driver's license. Therefore, upon conclusion of the Rental Contract, the Company shall request the presentation of the driver's license of the driver designated by the Renter (hereinafter referred to as the "Driver") and the submission of a copy thereof. In this case, if the Renter is the Driver, the Renter shall present his/her own driver's license and submit a copy thereof; if the Renter and the Driver are different, the Renter shall present the Driver's driver's license and submit a copy thereof.
- (Note 1) The Basic Notice of the Regulatory Agency refers to 2. (10) and (11) of the "Basic Notice Concerning Rental Cars" (Jiryo No. 138, June 13, 1995) issued by the Director-General of the Road Transport Bureau, Ministry of Land, Infrastructure, Transport and Tourism.
- (Note 2) The driver's license refers to a driver's license in the form specified in Appended Form 14 of Article 19 of the Road Traffic Act Enforcement Regulations, among the driver's licenses prescribed in Article 92 of the Road Traffic Act. In addition, an international driver's license or a foreign driver's license prescribed in Article 107-2 of the Road Traffic Act shall be equivalent to a driver's license.
Upon conclusion of the Rental Contract, the Company may request the Renter and the Driver to submit documents that can confirm their identity in addition to the driver's license, and may make copies of the submitted documents.
- Upon conclusion of the Rental Contract, the Company shall request the notification of a mobile phone number, etc., for contacting the Renter and the Driver during the rental period.
- Upon conclusion of the Rental Contract, the Company may request payment by credit card or cash, or designate other payment methods.
Article 9 (Refusal to Conclude Rental Contract)
- The Rental Contract may not be concluded if the Renter or the Driver falls under any of the following items:
- (1) Failure to present a driver's license necessary for driving the Rental Car to be rented.
- (2) When it is recognized that the person is intoxicated.
- (3) When it is recognized that the person is exhibiting symptoms of addiction due to narcotics, stimulants, thinner, etc.
- (4) When an infant under 6 years of age is to be a passenger without a child seat.
- (5) When it is recognized that the person belongs to a gangster group, a member or related person of a gangster-related organization, or any other antisocial force.
The Company may refuse to conclude the Rental Contract if the Renter or the Driver falls under any of the following items:
- (1) When the driver specified at the time of reservation is different from the driver at the time of concluding the Rental Contract.
- (2) When there is a fact of delinquency in payment of rental fees in past rentals.
- (3) When there has been an act listed in any item of Article 17 in past rentals.
- (4) When there has been a fact listed in Article 18, paragraph 6 or Article 23, paragraph 1 in past rentals (including rentals by other rental car operators).
- (5) When there is a fact that automobile insurance was not applied due to a violation of the rental agreement or insurance policy in past rentals.
- (6) When the conditions explicitly specified separately are not met.
In the cases of the preceding two paragraphs, if a reservation has already been established with the Renter, it shall be treated as a cancellation of the reservation, and if a reservation cancellation fee has been received from the Renter, the received reservation deposit shall be refunded.
Article 10 (Conclusion of Rental Contract, etc.)
- The Rental Contract shall be concluded when the Renter pays the rental fee to the Company and the Company delivers the Rental Car to the Renter. In this case, the received reservation deposit shall be applied as part of the rental fee.
- The delivery set forth in the preceding paragraph shall be made at the rental location specified in paragraph 1 of Article 2 at the rental start date and time set forth in the same paragraph.
Article 11 (Rental Fee)
- The rental fee refers to the total amount of the following fees, and the Company shall clearly indicate each amount or calculation basis in the fare table:
- (1) Basic Fee
- (2) Special Equipment Fee
- (3) One-way Fee
- (4) Fuel Cost
- (5) Vehicle Dispatch/Pickup Fee
- (6) Other Fees
The basic fee shall be the fee notified to and implemented by the Director of the Okinawa General Bureau Land Transport Office at the time of renting the Rental Car.
- If the rental fee is revised after making a reservation pursuant to Article 2, the lower of the fee applied at the time of reservation and the fee at the time of rental shall apply.
Article 12 (Change of Rental Conditions)
- If the Renter wishes to change the Rental Conditions of Article 8, paragraph 1 after concluding the Rental Contract, the Renter must obtain the prior consent of the Company.
- The Company may not consent to the change if the change of Rental Conditions pursuant to the preceding paragraph hinders the rental business.
Article 13 (Inspection, Maintenance, and Confirmation)
- The Company shall rent a Rental Car that has undergone inspections specified in Article 48 [Periodic Inspection and Maintenance] of the Road Transport Vehicle Act and necessary maintenance.
- The Company shall conduct inspections specified in Article 47-2 [Daily Inspection and Maintenance] of the Road Transport Vehicle Act and perform necessary maintenance.
- The Renter or Driver shall confirm that the inspections and maintenance set forth in the preceding two paragraphs have been carried out, and that there are no maintenance defects in the Rental Car through an inspection of the vehicle exterior and accessories based on a separately specified inspection sheet, and that the Rental Car satisfies the Rental Conditions.
- If a maintenance defect is found in the Rental Car through the confirmation in the preceding paragraph, the Company shall immediately perform necessary maintenance, etc.
Article 14 (Issuance and Carrying of Rental Certificate)
- When delivering the Rental Car, the Company shall issue a prescribed rental certificate stating the matters specified by the Director of the Okinawa General Bureau Land Transport Office to the Renter or Driver.
- The Renter or Driver must carry the rental certificate issued pursuant to the preceding paragraph while using the Rental Car.
- If the Renter or Driver loses the rental certificate, he/she shall immediately notify the Company to that effect.
- When returning the Rental Car, the Renter or Driver shall return the rental certificate to the Company at the same time.
Chapter 4: Usage
Article 15 (Responsibility for Management)
The Renter or Driver shall use and store the Rental Car with the care of a good manager from the time of receiving delivery of the Rental Car until returning it to the Company (hereinafter referred to as "during use").
Article 16 (Daily Inspection and Maintenance)
The Renter or Driver must conduct inspections specified in Article 47-2 (Daily Inspection and Maintenance) of the Road Transport Vehicle Act on the Rental Car every day before use during use and perform necessary maintenance.
Article 17 (Prohibited Acts)
The Renter or Driver shall not commit any of the following acts during use:
- Using the Rental Car for the purpose of an automobile transportation business or similar purposes without obtaining the consent of the Company and permission, etc., based on the Road Transport Act.
- Using the Rental Car for purposes other than the prescribed use or having a person other than the driver stated in the rental certificate of Article 8, paragraph 3 or a person who has obtained the consent of the Company drive the Rental Car.
- Subleasing the Rental Car, using it as collateral, or committing any other act that would infringe the rights of the Company.
- Forging or altering the vehicle registration number plate or vehicle number plate of the Rental Car, or modifying or altering the Rental Car, thereby changing its original condition.
- Using the Rental Car for various tests or competitions, or using it for towing or pushing other vehicles, without obtaining the consent of the Company.
- Using the Rental Car in violation of laws and regulations or public order and morals.
- Taking out damage insurance on the Rental Car without obtaining the consent of the Company.
- Taking the Rental Car out of Japan.
- Committing any other act in violation of the Rental Conditions of Article 8, paragraph 1.
Article 18 (Measures in Case of Illegal Parking)
- If the Renter or Driver commits illegal parking specified in the Road Traffic Act regarding the Rental Car during use, the Renter or Driver shall appear at the police station having jurisdiction over the area where the illegal parking was committed, immediately pay the fine, etc., related to the illegal parking by him/herself, and bear various costs such as towing, storage, and retrieval associated with the illegal parking.
- When the Company receives notification of a violation of illegal parking of the Rental Car from the police, the Company shall contact the Renter or Driver, instruct them to immediately move or retrieve the Rental Car, and instruct them to appear at the handling police station to process the violation by the expiration of the rental period of the Rental Car or by the time instructed by the Company, and the Renter or Driver shall comply with this. If the Rental Car is moved by the police station, the Company may retrieve the Rental Car from the police station at its own discretion.
- After giving the instruction in the preceding paragraph, the Company shall confirm the status of violation processing by means of a traffic violation notice, payment slip, receipt, etc., at its own discretion, and if it has not been processed, shall give the instruction in the preceding paragraph to the Renter or Driver until it is processed. In addition, the Company shall request the Renter or Driver to sign a document prescribed by the Company (hereinafter referred to as the "Confession Letter") acknowledging the fact of committing the illegal parking violation and appearing at the police station, etc., and complying with legal measures as a violator, and the Renter or Driver shall comply with this.
- If the Company deems it necessary, the Company may provide necessary cooperation for pursuing liability related to the illegal parking violation against the Renter or Driver by submitting materials including personal information such as the Confession Letter and rental certificate to the police, and may take necessary legal measures such as submitting a written explanation and Confession Letter prescribed in Article 51-4, paragraph 6 of the Road Traffic Act and materials such as the rental certificate to the Public Safety Commission and reporting the facts, and the Renter or Driver shall agree to this.
- If the Company receives an order to pay a fine for illegal parking under Article 51-4, paragraph 1 of the Road Traffic Act and pays the fine for illegal parking, or if the Company bears the costs required for searching for the Renter or Driver or the costs required for moving, storing, retrieving the vehicle, etc., the Company shall claim the following amounts (hereinafter referred to as "Parking Violation Related Costs") from the Renter or Driver. In this case, the Renter or Driver shall pay the Parking Violation Related Costs by the date designated by the Company:
- (1) Amount equivalent to the fine for illegal parking.
- (2) Liquidated damages for parking violations specified separately by the Company.
- (3) Costs required for search and costs required for moving, storing, retrieving the vehicle, etc.
When the Company receives the order to pay the fine for illegal parking mentioned above, or when the Renter or Driver fails to pay the full amount of the claim amount prescribed in the same paragraph by the date designated by the Company, the Company shall take measures such as registering the name, date of birth, driver's license number, etc., of the Renter or Driver in the Japan Rental Car Association Information Management System (hereinafter referred to as the "JARCA System").
- If the Renter or Driver fails to respond to the Company's instruction to process the violation based on paragraph 2 or the Company's request to sign the Confession Letter based on paragraph 3 at the place where the Renter or Driver should pay the fine, etc., related to the illegal parking pursuant to the provisions of paragraph 1, the Company may receive a parking violation fee (referred to as the "Parking Violation Fee" in the next paragraph) of the amount specified separately by the Company from the Renter or Driver to be appropriated for the fine for illegal parking and liquidated damages for parking violations prescribed in paragraph 5.
- Notwithstanding the provisions of paragraph 6, when the Company receives the full amount of the Parking Violation Fee and the costs prescribed in paragraph 5, item 3 from the Renter or Driver, the Company shall not take measures such as registering in the JARCA System prescribed in paragraph 6, or shall delete the data already registered in the JARCA System.
- If the Renter or Driver pays the amount claimed by the Company based on paragraph 5 to the Company, and subsequently the order to pay the fine for illegal parking is cancelled because the Renter or Driver paid the fine related to the parking violation or was prosecuted, etc., and the Company receives a refund of the fine for illegal parking, the Company shall refund only the amount equivalent to the fine for illegal parking among the already received Parking Related Costs to the Renter or Driver. The same shall apply when the Company receives the Parking Violation Fee based on paragraph 7.
- If registered in the JARCA System pursuant to the provisions of paragraph 6, and the order to pay the fine for illegal parking is cancelled due to payment of the fine, etc., or when the full amount of the Company's claim amount pursuant to the provisions of paragraph 5 is paid to the Company, the Company shall delete the data registered in the JARCA System.
Chapter 5: Return
Article 19 (Responsibility for Return)
- The Renter or Driver shall return the Rental Car to the Company at the prescribed return location by the expiration of the rental period.
- If the Renter or Driver violates the provisions of the preceding paragraph, he/she shall compensate for all damages caused to the Company.
- If the Renter or Driver is unable to return the Rental Car within the rental period due to a natural disaster or other force majeure, he/she shall not be liable for damages incurred by the Company. In this case, the Renter or Driver shall immediately contact the Company and follow the Company's instructions.
Article 20 (Confirmation at Time of Return, etc.)
- The Renter or Driver shall return the Rental Car in the presence of the Company. In this case, the Rental Car shall be returned in the same condition as at the time of delivery, except for parts worn by normal use.
- When returning the Rental Car, the Renter or Driver shall confirm that there are no belongings of the Renter, Driver, or passengers inside the Rental Car before returning it, and the Company shall not be responsible for storing any belongings after the return of the Rental Car.
Article 21 (Rental Fee When Changing Rental Period)
When the Renter or Driver changes the rental period pursuant to Article 12, paragraph 1, he/she shall pay the rental fee corresponding to the changed rental period.
Article 22 (Return Location, etc.)
- When the Renter or Driver changes the prescribed return location pursuant to Article 12, paragraph 1, he/she shall bear the costs for the return trip required by the change of return location.
- If the Renter or Driver returns the Rental Car to a location other than the prescribed return location without obtaining the Company's consent pursuant to Article 12, paragraph 1, he/she shall pay the return location change penalty fee specified below.
- Return Location Change Penalty Fee = Costs for the return trip required by the change of return location × 200%
Article 23 (Measures in Case of Non-Return)
- If the Renter or Driver fails to return the Rental Car to the prescribed return location even though the rental period has expired and fails to respond to the Company's demand for return, or if it is recognized that the Rental Car has not been returned due to reasons such as the whereabouts of the Renter being unknown, the Company shall take legal measures such as filing a criminal complaint, report the non-return damage to the Japan Rental Car Association, and take measures such as registering in the JARCA System.
- When falling under the preceding paragraph, the Company shall take necessary measures to confirm the whereabouts of the Rental Car, including interviewing related parties such as the family, relatives, and workplace of the Renter or Driver, and activating the vehicle location information system.
- If falling under paragraph 1, the Renter or Driver shall be liable for compensating the Company for damages caused to the Company pursuant to the provisions of Article 28, and shall bear the costs required for recovering the Rental Car and searching for the Renter or Driver.
Chapter 6: Measures in Case of Breakdown, Accident, or Theft
Article 24 (Measures When Breakdown is Discovered)
If the Renter or Driver discovers an abnormality or breakdown in the Rental Car during use, he/she shall immediately stop driving, contact the Company, and follow the Company's instructions.
Article 25 (Measures When Accident Occurs)
- If an accident involving the Rental Car occurs during use, the Renter or Driver shall immediately stop driving, take legal measures regardless of the size of the accident, and take the following measures:
- (1) Immediately report the details of the accident, etc., to the Company and follow the Company's instructions.
- (2) When repairing the Rental Car based on the instruction of the preceding item, the repair shall be performed at the Company or a factory designated by the Company, unless approved by the Company.
- (3) Cooperate with the investigation of the Company and the insurance company with which the Company has a contract regarding the accident, and submit necessary documents, etc., without delay.
- (4) Obtain the prior consent of the Company when making a settlement or other agreement with the other party regarding the accident.
In addition to taking the measures in the preceding paragraph, the Renter or Driver shall process and resolve the accident at his/her own responsibility.
- The Company shall advise the Renter or Driver on the processing of the accident and cooperate in its resolution.
Article 26 (Measures When Theft Occurs)
If the Rental Car is stolen or other damage is incurred during use, the Renter or Driver shall take the following measures:
- Immediately notify the nearest police station.
- Immediately report the details of the damage, etc., to the Company and follow the Company's instructions.
- Cooperate with the investigation of the Company and the insurance company with which the Company has a contract regarding the theft or other damage, and submit requested documents, etc., without delay.
Article 27 (Termination of Rental Contract Due to Unusable Condition)
- If the Rental Car becomes unusable due to breakdown, accident, theft, or other reasons (hereinafter referred to as "Breakdown, etc.") during use, the Rental Contract shall terminate.
- In the case of the preceding paragraph, the Renter or Driver shall bear the costs required for retrieving and repairing the Rental Car, etc., and the Company shall not refund the received rental fee; provided, however, that this shall not apply if the Breakdown, etc., is due to reasons prescribed in paragraph 3 or 5.
- If the Breakdown, etc., is due to a defect existing before the rental, a new Rental Contract shall be deemed to have been concluded, and the Renter may receive the provision of an Alternative Rental Car from the Company. The provisions of Article 5, paragraph 2 shall apply mutatis mutandis to the conditions for providing the Alternative Rental Car.
- If the Renter does not receive the provision of the Alternative Rental Car in the preceding paragraph, the Company shall refund the full amount of the received rental fee. The same shall apply if the Company is unable to provide the Alternative Rental Car.
- If the Breakdown, etc., occurs due to reasons not attributable to any of the Renter, Driver, and the Company, the Company shall refund the remaining amount to the Renter after deducting the rental fee corresponding to the period from the rental to the termination of the Rental Contract from the received rental fee.
- Except for the measures prescribed in this Article, the Renter and Driver shall not be able to make any claims against the Company other than those prescribed in this Article regarding damages caused by being unable to use the Rental Car.
Chapter 7: Compensation and Indemnification
Article 28 (Compensation and Business Indemnification)
- If the Renter or Driver causes damage to a third party or the Company while using the rented Rental Car, the Renter or Driver shall compensate for the damage; provided, however, that this shall not apply if it is due to reasons attributable to the Company.
- Regarding the damage to the Company in the preceding paragraph, regarding the damage caused by the Company being unable to use the Rental Car due to an accident, theft, breakdown due to reasons attributable to the Renter or Driver, dirt or odor of the Rental Car, etc., it shall be governed by the provisions of the fare table, and the Renter or Driver shall pay this.
Article 29 (Insurance and Indemnification)
- When the Renter or Driver is liable for compensation under Article 28, paragraph 1, insurance money or guarantee money within the following limits will be paid under the casualty insurance contract concluded by the Company for the Rental Car and the indemnification system specified by the Company:
- (1) Personal Indemnification: Unlimited per person (excluding the amount covered by Automobile Liability Insurance).
- (2) Property Indemnification: 2,000,000 yen per accident (Deductible: 50,000 yen).
- (3) Vehicle Indemnification: Market value per accident (Deductible: 50,000 yen).
- (4) Passenger Indemnification: 5,000,000 yen per person.
If falling under the exemption clause of the insurance policy or the indemnification system, the insurance money or indemnity money prescribed in paragraph 1 will not be paid.
- The damage for which insurance money or indemnity money is not paid and the damage exceeding the insurance amount or indemnity money paid pursuant to the provisions of paragraph 1 shall be borne by the Renter or Driver.
- When the Company pays the damages to be borne by the Renter or Driver, the Renter or Driver shall immediately reimburse the Company for the amount paid by the Company.
- The amount equivalent to the insurance premium of the casualty insurance contract prescribed in paragraph 1 and the amount equivalent to the membership fee of the indemnification system specified by the Company are included in the rental fee.
Chapter 8: Termination of Rental Contract
Article 30 (Termination of Rental Contract)
If the Renter or Driver violates this Agreement during use or falls under any of the items of Article 9, paragraph 1, the Company may terminate the Rental Contract without requiring any notice or demand and immediately request the return of the Rental Car. In this case, the Company shall not refund the received rental fee to the Renter.
Article 31 (Agreed Termination)
- Even during use, the Renter may terminate the Rental Contract with the consent of the Company and after paying the termination fee prescribed in the next paragraph. In this case, the Company shall refund the remaining amount to the Renter after deducting the rental fee corresponding to the period from the rental to the return from the received rental fee.
- When terminating pursuant to the preceding paragraph, the Renter shall pay the following termination fee to the Company.
- Termination Fee = {(Basic fee corresponding to the Rental Contract period) - (Basic fee corresponding to the period from rental to return)} × 50%
Chapter 9: Personal Information
Article 32 (Purpose of Use of Personal Information)
The purposes for which the Company acquires and uses the personal information of the Renter or Driver are as follows:
- To implement matters obligated as conditions for business permission, such as creating a rental certificate at the time of concluding the Rental Contract, as a business operator licensed for the rental car business based on Article 80, paragraph 1 of the Road Transport Act.
- To guide the Renter or Driver regarding the introduction of the Rental Car and other products handled by the Company, the provision of services related thereto, and the holding of various events, campaigns, etc., by means of sending advertising materials, sending e-mails, etc.
- To perform identity verification and screening regarding the rental applicant or Driver when concluding the Rental Contract.
- To conduct questionnaire surveys on the Renter or Driver for the purpose of planning and developing products and services handled by the Company or examining measures to improve customer satisfaction.
- To statistically tabulate and analyze personal information and create statistical data processed into a form that cannot identify or specify an individual.
- When acquiring the personal information of the Renter or Driver for purposes not specified in any item of paragraph 1, the purpose of use will be clearly indicated in advance.
Article 33 (Registration of Personal Information and Consent to Use)
If falling under any of the following items, the Renter or Driver agrees that personal information including the name, date of birth, driver's license number, etc., of the Renter or Driver will be registered in the JARCA System for a period not exceeding 7 years, and that such information will be used by the Japan Rental Car Association, each regional rental car association affiliated therewith, and rental car operators who are members thereof for screening when concluding a Rental Contract:
- When the Company is ordered to pay a fine for illegal parking based on Article 51-4, paragraph 1 of the Road Traffic Act.
- When the full amount of the Parking Violation Related Costs prescribed in Article 18, paragraph 5 is not paid to the Company.
- When it is recognized that there has been a non-return prescribed in Article 23, paragraph 1.
Chapter 10: Miscellaneous Provisions
Article 34 (Set-off)
If the Company has a monetary claim against the Renter or Driver based on this Agreement, the Company may set it off against the monetary claim of the Renter or Driver against the Company at any time.
Article 35 (Consumption Tax)
The Renter or Driver shall pay the consumption tax (including local consumption tax) imposed on transactions based on this Agreement to the Company.
Article 36 (Late Payment Damages)
If the Renter or Driver and the Company neglect to perform a monetary obligation based on this Agreement, they shall pay late payment damages to the other party at a rate of 14.6% per annum.
Article 37 (Detailed Rules)
- The Company may specify detailed rules of this Agreement separately, and such detailed rules shall have the same effect as this Agreement.
- When specifying detailed rules separately, the Company shall post them at the Company's business offices and describe them in pamphlets, fare tables, etc., issued by the Company. The same shall apply when changing them.
Article 38 (Agreed Jurisdiction)
If a dispute arises regarding rights and obligations based on this Agreement, the summary court having jurisdiction over the location of the Company's head office, branch office, or business office shall be the agreed jurisdiction court regardless of the amount of the claim.
Supplementary Provisions
This Agreement shall come into effect from the date of permission/authorization of the application for the paid rental of private automobiles.
March 22, 2023