Lightmarks EV Rental

CDW: Additional option, 2,000 yen per day, vehicle insurance deductible of 100,000 yen waived
NOC: Additional option, 1,000 yen per day, compensation for business interruption can be waived if the vehicle becomes unusable due to an accident, etc.

Chapter 1 General Provisions

(Application of the Terms and Conditions)

Article 1 The Company shall lend a rental vehicle (hereinafter referred to as "rental car") to the Renter (including the driver; the same applies below) in accordance with the provisions of these terms and conditions, and the Renter shall rent the vehicle. Any matters not specified in these terms and conditions shall be governed by laws, regulations, or general customs.

2 The Company may enter into special agreements to the extent that they do not violate the spirit of these terms and conditions, laws, regulations, or general customs. In the event that a special agreement is entered into, the special agreement shall take precedence.

Chapter 2 Rental Contract

(Reservation)

Article 2 When renting a car, the Renter may agree to these terms and conditions and the price list separately stipulated by the Company, and may make a reservation in advance by specifying the vehicle model, start date and time, rental location, rental period, return location, driver, and other rental conditions in accordance with the method specified by the Company, and the Company shall accept reservations within the range of rental cars in its possession.

2. When making a reservation as described in the preceding paragraph, the Renter shall pay a reservation application fee as stipulated separately, unless otherwise approved by the Company.

3. If the conclusion of the rental car rental contract (hereinafter referred to as the "Rental Contract") has not commenced more than one hour after the rental start time reserved in accordance with the preceding paragraph, the reservation shall be deemed to have been cancelled.

4. If the rental conditions in paragraph 1 are to be changed, the prior consent of the Company must be obtained.

(Conclusion of the Rental Contract)

Article 3. Except in cases where there is no rental car available for rental or where the Renter falls under any of the items in Article 9, the Company shall conclude a rental contract upon the Renter's application.

2. The application for the Rental Contract shall clearly state the rental conditions as stipulated in paragraph 1 of the preceding article.

3. When the Rental Contract is concluded, the Company shall charge a rental fee as stipulated separately.

(Conclusion of the Rental Contract, etc.)

Article 4. The Rental Contract shall be concluded when the Company receives the rental fee and delivers the Rental Car to the Renter. In this case, the reservation deposit will be applied to part of the rental fee.

2 If we are unable to rent out the reserved vehicle model due to an accident, theft, or other reasons beyond our control, we may rent out a vehicle model different from that reserved (hereinafter referred to as the "substitute rental car").

3 If the rental fee for the substitute rental car rented in accordance with the preceding paragraph is higher than the rental fee for the reserved vehicle model, the rental fee shall be based on the rental fee for the reserved vehicle model, and if the rental fee is lower than the rental fee for the reserved vehicle model, the rental fee shall be based on the rental fee for the substitute rental car.

4 The lessee may refuse an offer to rent a substitute rental car pursuant to paragraph 2 and cancel the reservation.

(Termination of Rental Agreement)

Article 5 If the lessee or driver falls under any of the following items during the rental period, we may terminate the rental agreement without notice or warning and immediately request the return of the rental car. In this case, the Company shall not return the rental fee received under the previous article.

(1) When these terms and conditions are violated.

(2) When a traffic accident occurs due to reasons attributable to the Renter.

(3) When any of the items in Article 9 apply.

2. If the Rental Car becomes unusable due to a defect that occurred before it was handed over to the Renter, the Renter may cancel the Rental Agreement, except when measures under Article 23, Paragraph 3 are taken.

(Early termination of the Rental Agreement due to Force Majeure)

Article 6. If the Rental Car becomes unusable due to a natural disaster or other force majeure during the rental period, the Rental Agreement shall be terminated.

2. If any of the items in the previous paragraph apply to the Renter, the Renter shall notify the Company of this fact.

(Early termination)

Article 7. The Renter may cancel the Rental Agreement with the consent of the Company, even during the rental period. In this case, the Renter shall pay the early termination fee under Article 26.

2. If the rental vehicle is returned during the rental period due to an accident or breakdown attributable to the lessee or driver, the rental contract will be considered terminated.

3. If the rental vehicle is returned pursuant to the preceding paragraph, the Company shall not refund the rental fee received pursuant to Article 4.

(Changes to rental conditions)

Article 8. If the rental conditions of Article 3, paragraph 2 are to be changed after the rental contract has been concluded, the Company's consent must be obtained in advance.

2. If a change to the rental conditions pursuant to the preceding paragraph would cause an impediment to the rental business, the Company may refuse to accept the change.

(Refusal to enter into a rental contract)

Article 9. The Company may refuse to enter into a rental contract if the lessee or driver falls under any of the following items.

(1) If the lessee or driver does not hold a driver's license that qualifies them to drive the rented vehicle.

(2) If the lessee or driver is under the influence of alcohol.

(3) When the driver is showing symptoms of intoxication due to narcotics, stimulants, paint thinner, etc.

(4) When the driver specified at the time of reservation is different from the driver at the time of rental car delivery.

(5) When the rental fee payment is overdue for past rentals.

(6) When an act corresponding to any of the items listed in Article 17 occurred during past rentals.

Chapter 3 Rented Vehicles

(Start Date and Time, etc.)

Article 10 The Company shall rent out the rental car specified in Article 14 at the start date and rental location specified in Article 3, Paragraph 2.

(Rental Method, etc.)

Article 11 The Company shall rent out the rental car after the Renter and the Company have conducted daily inspection and maintenance specified in Article 47 of the Road Transport Vehicle Law and an inspection of the exterior and accessories of the vehicle based on the inspection sheet specified separately, and have confirmed that the rental car is not defective in maintenance, etc.

2 If the Company finds any defective maintenance in the rental car during the inspection in the preceding paragraph, the Company shall take measures such as replacement.

3. When the Company delivers the rental car, the Company shall issue to the lessee in writing (including by electromagnetic means) a specified automobile rental certificate containing the items specified by the Director of the Regional Transport Bureau (in Hyogo Prefecture, the Director of the Hyogo Land Transport Department of the Kobe Transport Supervision Department, and in Okinawa Prefecture, the Director of the Land Transport Office of the Okinawa General Bureau. The same applies below in Article 12, Paragraph 1).

Chapter 4 Rental Fee

(Rental Fee)

Article 12. The rental fee amount received by the Company under Article 4 shall be the total amount of the basic fee and any additional fees incidental to the rental.

2. The basic fee shall be based on the fee schedule notified to the Director of the Regional Transport Bureau at the time of rental.

3. The rental fee shall be determined by detailed rules, etc. (Measures for revision of rental fee)

Article 13: If the rental fee in the previous article is revised after a reservation is made under Article 2, the fee table applied at the time of reservation shall apply, notwithstanding paragraph 1 of the previous article.

Chapter 5: Responsibilities

(Periodic Inspection and Maintenance)

Article 14: The Company shall rent out a rental vehicle that has undergone periodic inspection and maintenance under Article 48 of the Road Transport Vehicle Law.

(Daily Inspection and Maintenance)

Article 15: During the rental period, the Renter or Driver shall carry out daily inspection and maintenance as stipulated in Article 47-2 of the Road Transport Vehicle Law before using the rented vehicle each day.

(Responsibility for Management)

Article 16: The Renter and Driver shall use and store the rental vehicle with the due care of a good manager.

2: The responsibility for management in the previous paragraph shall commence when the rental vehicle is handed over and shall end when it is returned to the Company.

(Prohibited Acts)

Article 17: The Renter and Driver shall not engage in the following acts during the rental period.

(1) Using a rental car for an automobile transportation business or similar purposes without obtaining our consent or permission under the Road Transportation Act.

(2) Subleasing a rental car or using it as collateral or engaging in any other act that infringes on our rights.

(3) Forging or altering the rental car's automobile registration plate or vehicle number plate, or modifying or refurbishing the rental car, or otherwise altering its original state.

(4) Using a rental car for various tests or competitions, or for towing or pushing other vehicles, without our consent.

(5) Using a rental car in violation of laws, regulations, or public order and morals.

(6) Purchasing damage insurance for the rental car without our consent.

(7) Taking a rental car out of Japan.

(8) Engaging in any other act that violates the rental conditions in Article 3, Paragraph 2.

2. The Renter, the Driver or any person related to them shall not take any photographs, audio or video recordings of our offices, our business stores or our premises from inside or outside, or post, distribute or live-stream such images, audio or video on SNS etc. without our consent.

(Measures in Case of Illegal Parking, etc.)

Article 18. If the Renter or the Driver parks the Rental Car illegally as stipulated in the Road Traffic Act during use, the Renter or the Driver shall appear at the police station with jurisdiction over the area where the illegal parking occurred and immediately pay the fine for the illegal parking, and shall bear all costs associated with the illegal parking, such as towing, storage and collection.

2. When the Company is notified by the police of a parking violation, the Company shall contact the Renter or the Driver and instruct them to promptly move or collect the Rental Car, and to appear at the relevant police station by the expiration of the rental period or by a time instructed by the Company to handle the violation, and the Renter or the Driver shall comply with this. If the rental car has been removed by the police, our company may, at our discretion, collect the rental car from the police.

3 After giving the instructions in the preceding paragraph, our company shall, at our discretion, confirm the status of the violation processing by means of the traffic violation notice, payment slip, receipt, etc., and if the violation has not been processed, we shall continue to give the instructions in the preceding paragraph to the renter or driver until it is processed. In addition, the Company will request the Renter or Driver to sign a document specified by the Company (hereinafter referred to as the "Acknowledgement Letter") acknowledging the fact of the illegal parking violation and that, as a violator, he/she will appear at the police station, etc., and comply with legal measures, and the Renter or Driver shall comply with this.

4. If the Company deems it necessary, the Company will provide necessary cooperation to pursue the Renter or Driver's responsibility for illegal parking violations by submitting documents including personal information (excluding personal numbers) such as the Acknowledgement Letter and rental certificate to the police, and may also take necessary legal measures such as submitting documents such as a letter of explanation and the Acknowledgement Letter as well as the rental certificate as stipulated in Article 51-4, Paragraph 6 of the Road Traffic Act to the Public Safety Commission and reporting the facts, and the Renter or Driver shall agree to this.

5. If the Company receives an order to pay the parking violation fine under Article 51-4, Paragraph 1 of the Road Traffic Act and pays the parking violation fine, or if the Company incurs the costs of searching for the Renter or the Driver, or the costs of moving, storing, picking up, etc. the vehicle, the Company shall bill the Renter for the following amounts (hereinafter referred to as "Parking Violation Related Expenses"). In this case, the Renter shall pay the Parking Violation Related Expenses by the date specified by the Company.

(1) Amount equivalent to the parking violation fine

(2) Parking violation penalty separately determined by the Company

(3) Expenses required for the search and the costs required for moving, storing, picking up, etc. the vehicle

6. If the Company receives an order to pay the parking violation fine under the preceding paragraph, or if the Renter or the Driver does not pay the full amount of the bill set forth in the same paragraph by the date specified by the Company, the Company may refuse to rent a vehicle to the Renter or the Driver in the future.

7. If the Renter pursuant to the provisions of Paragraph 1

If the Renter or Driver is required to pay a fine for illegal parking, and the Renter or Driver does not comply with our instructions to settle the violation under Paragraph 2 or our request to sign a self-acknowledgement under Paragraph 3, the Company may request from the Renter a parking fine (referred to as the "parking fine" in the following paragraph) in an amount separately determined by the Company to be used for the parking violation fine and parking violation penalty fee set forth in Paragraph 5.

8. If the Renter pays the amount requested by the Company under Paragraph 5, and the Renter or Driver later pays the fine for the parking violation or is prosecuted, etc., the order to pay the parking violation fine is revoked and the Company receives a refund of the parking violation fine, the Company shall refund to the Renter only the amount equivalent to the parking violation fine out of the parking violation-related expenses already paid. The same applies if the Company receives a parking violation fine under Paragraph 7.

(Obligation to carry the automobile rental certificate, etc.)

Article 19: The Renter must carry (including carrying in electronic form) the automobile rental certificate issued in accordance with Article 11, Paragraph 3 during the rental period of the rental car.

2: If the Renter loses the automobile rental certificate, he/she must notify the Company immediately.

(Liability for damages)

Article 20: The Renter shall be liable to compensate for damages if the Renter, driver or related parties cause damage to a third party or the Company in relation to the use of the rented rental car. However, this does not include cases where the damages are due to reasons not attributable to the Renter, driver or related parties.

2: If the Renter is liable for damages in accordance with the preceding paragraph, the Renter shall compensate for damages or provide business compensation for damages caused by the Company being unable to use the rental car due to an accident, theft, breakdown, damage or odor of the rental car, etc., as specified in the tariff, etc. 3. If the Renter causes damage to a third party or the Company through the intentional or negligent acts of the Renter, the driver, or related parties in relation to the use of the rented vehicle, the Renter shall compensate for such damage.

Chapter 6. Measures for Automobile Accidents

(Measures in the Event of an Accident)

Article 21. If an accident occurs during the rental period involving the Rental Car, the Renter shall immediately stop driving the vehicle and take legal measures regardless of the severity of the accident, and handle the accident as follows:

(1) Immediately report the circumstances of the accident to the Company and follow the Company's instructions.

(2) Submit without delay any documents or evidence required by the Company and the insurance company contracted by the Company regarding the accident.

(3) Obtain the Company's prior consent when making a settlement, agreement, or other agreement with a third party regarding the accident.

(4) Repairs to the Rental Car shall be carried out by the Company or a workshop designated by the Company, except when there are special reasons.

2. In addition to the provisions of the preceding paragraph, the Renter shall endeavor to resolve the accident at his/her own responsibility. 3. The Company shall provide advice to the Renter regarding the handling of accidents involving the Rental Car and shall cooperate in resolving such accidents.

(Measures in the Event of Theft)

Article 21-2. If the Rental Car is stolen or otherwise damaged during use, the Renter shall handle the matter as follows:

(1) Immediately report to the nearest police.

(2) Immediately report the damage situation to the Company and follow the Company's instructions.

(3) Without delay, submit any documents required by the Company and the insurance company contracted by the Company regarding the theft or other damage.

(Compensation)

Article 22. If the Renter is liable for damages under Article 20, insurance or compensation within the following limits will be paid in accordance with the non-life insurance contract concluded by the Company for the Rental Car or the compensation system established by the Company.

(1) Personal injury compensation: Unlimited (including automobile liability insurance)

(2) Property damage compensation: 30 million yen per accident limit

(3) Vehicle compensation: Current value per accident limit (100,000 yen exemption)

(4) Passenger compensation: 30 million yen per person limit

30 million yen per accident limit

2. In the event of an exemption from the insurance contract or compensation system, the insurance or compensation specified in paragraph 1 will not be paid.

3. In the event of a violation of the rental terms and conditions, the insurance or compensation specified in paragraph 1 will not be paid.

4. The lessee or driver will be responsible for any damages for which insurance or compensation is not paid and damages that exceed the insurance or compensation paid pursuant to paragraph 1.

5. If the Company pays the amount of damages to be borne by the Renter in excess of the bodily injury compensation limit under Paragraph 1, the Renter shall immediately reimburse the excess amount to the Company.

6. Damages equivalent to the deductible amount of insurance or compensation stipulated in Paragraph 1, Item 3 shall be borne by the Renter or Driver, unless a special agreement has been made.

(Measures for breakdowns, etc.)

Article 23. If the Renter or Driver discovers an abnormality or malfunction of the Rental Car during the rental period, he/she shall immediately stop driving, contact the Company, and follow the instructions of the Company.

2. If the abnormality or malfunction of the Rental Car is due to the Renter or Driver's intentional or negligent acts, the Renter shall bear the costs required for the collection and repair of the Rental Car.

3. If the Rental Car becomes unusable due to a defect that existed before it was rented, the Renter may be provided with a substitute Rental Car or receive equivalent measures from the Company.

4. The Renter shall not claim against the Company for damages arising from the inability to use the Rental Car, except for the measures set forth in the preceding paragraph.

(Exemption from liability due to force majeure)

Article 24. If the Renter is unable to return the Rental Car within the rental period due to a natural disaster or other force majeure, the Company shall not hold the Renter liable for damages arising from this. In this case, the Renter shall immediately contact the Company and follow the Company's instructions.

2. The Renter shall not hold the Company liable for damages arising from this if the Company is unable to rent the Rental Car or provide a substitute Rental Car due to a natural disaster or other force majeure. In this case, the Company shall immediately contact the Renter.

Chapter 7. Cancellation, Refund, etc.

(Cancellation of Reservation, etc.)

Article 25. If the Renter cancels the reservation or does not enter into the Rental Agreement due to the Renter's convenience despite having made the reservation under Article 2, the Renter shall pay a reservation cancellation fee as specified separately. When this reservation cancellation fee is paid, the Company shall return the reservation application fee.

2. If, despite receiving a reservation under Article 2, the Company cancels the reservation for reasons of the Company or does not enter into the rental agreement, the Company shall return the reservation application fee and pay a penalty as separately specified.

3. If, despite having made a reservation under Article 2, the rental agreement is not entered into for reasons other than those in the preceding two paragraphs, the reservation shall be considered canceled. In this case, the Company shall return the reservation application fee.

4. Except as provided in the preceding three paragraphs, the Company and the Renter shall not make any claims against each other for the failure to enter into the rental agreement.

(Early Termination Fee)

Article 26. In the event of an early termination under Article 7 Paragraph 1, the Renter shall pay the following early termination fee in addition to the rental fee corresponding to the period up to the termination.

Early termination fee = {(basic fee for the rental contract period) - (basic fee for the period from rental to return)} x 50%

(Refund of rental fee)

Article 27 If any of the following items apply, the Company shall refund all or part of the rental fee received from the Renter in accordance with the respective items.

(1) In the event that the Renter cancels the Rental Agreement pursuant to Article 5, Paragraph 2, the full amount of the rental fee received.

(2) In the event that the Rental Agreement is terminated pursuant to Article 6, Paragraph 1, the rental fee received minus the rental fee corresponding to the period from the rental to the termination of the rental agreement.

(3) In the event that the Renter terminates the Rental Agreement pursuant to Article 7, Paragraph 1, the rental fee received minus the rental fee corresponding to the period from the rental to the return due to the mid-term termination.

2. In the case of the refund under the preceding paragraph, if there is a mid-term termination fee or other amount to be received, it may be offset against this.

Chapter 8. Return

(Checking the Rental Car, etc.)

Article 28. When the Renter or Driver returns the Rental Car to the Company, they shall return it in the same condition as they checked it when they received it, except for wear and tear due to normal use.

2. When returning the Rental Car, the Company shall check the condition of the Rental Car in the presence of the Renter or Driver.

3. When returning the rental car, the Renter or driver must, in the presence of the Company, confirm that there are no belongings left behind by the Renter or any passengers inside the rental car, and the Company shall not be held responsible for any belongings left behind after the return.

(Timing of Return of Rental Car, etc.)

Article 29. The Renter or driver must return the rental car within the rental period.

2. When the rental period is extended pursuant to Article 8, Paragraph 1, the Renter shall pay the rental fee corresponding to the revised rental period or the rental fee before the revision and any excess fee, whichever is lower.

3. Notwithstanding Article 8, Paragraph 1, when the Renter returns the vehicle after the rental period has expired without the consent of the Company, the Renter shall pay a special extension fee calculated as follows.

Special extension fee = number of hours exceeded x unit price of excess fee x 300%

(Place of return of rental car, etc.)

Article 30: The rental car shall be returned to the return location specified in Article 3, paragraph 2. However, if the return location is changed in accordance with Article 8, paragraph 1, the rental car shall be returned to the new return location.

2. In the case of the proviso in the preceding paragraph, the Renter shall bear the cost of transportation required due to the change of the return location.

3. If the Renter returns the rental car to a location other than the return location specified in Article 3, paragraph 2 without obtaining the consent of the Company in accordance with Article 8, paragraph 1, the Renter shall pay the return location change fee set forth below.

Return location change fee = 300% of the cost required for the return location change

(Measures to be taken if the rental car is not returned)

Article 31: If the lessee does not return the rental car to the return location specified in the previous article, paragraph 1, within 72 hours of the expiration of the rental period and does not comply with the lessee's request for return, or if the lessee's whereabouts are unknown, the Company may take necessary legal action.

Chapter 9 Personal Information

(Purpose of Use of Personal Information)

Article 32: The purposes for which the Company will obtain and use the personal information of the lessee or driver (excluding the individual number) are as follows:

(1) As a business operator licensed for rental cars under Article 80, paragraph 1 of the Road Transport Law, to carry out the matters required as a condition of the business license, such as preparing a rental certificate at the time of concluding the rental contract.

(2) To introduce the lessee or driver to rental cars, used cars, and other products handled by the Company, and to provide related services, as well as to inform them of various events, campaigns, etc., by sending advertising materials, sending e-mails, etc. (3) When entering into a rental agreement, to verify the identity of the applicant or driver and to screen them as to whether or not they are eligible to enter into a rental agreement.

(4) To conduct questionnaire surveys of renters or drivers for the purpose of planning and developing products and services handled by the Company, or for the purpose of considering measures to improve customer satisfaction.

(5) To statistically compile and analyze personal information (excluding personal numbers) and create statistical data that is processed into a form that does not identify or specify individuals.

Chapter 10 Miscellaneous

(GPS function)

Article 33 Renters and drivers agree that the rental car may be equipped with a global positioning system (hereinafter referred to as "GPS"), that the current location and route of the rental car will be recorded in a system designated by the Company, and that the Company will use the recorded information for the following purposes.

(1) To confirm that the rental car has been returned to the designated location at the end of the rental contract.

(2) To confirm the current location of the rental car when Article 31 applies, or when it is deemed necessary for other purposes such as management of the rental car or performance of the rental contract.

(3) To process personal information into a form that does not identify or specify individuals for marketing analysis in order to improve the quality of products and services provided to renters and drivers and to improve customer satisfaction.

2. The Renter and the Driver agree that the Company may disclose the information recorded by the GPS function described in the preceding paragraph to the extent necessary when required to do so by law, or when it receives a request or order for disclosure from a court, administrative agency, or other public institution.

(Drive Recorder)

Article 34. 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 circumstances at the time of the accident in the event of a subsequent incident.

(2) To confirm the driving status of the Renter and the Driver when it is deemed necessary for the management of the rental car or the performance of the rental contract.

(3) To process the information into a form that cannot identify or specify individuals and use it for marketing analysis in order to improve the quality of products and services provided to the Renter and the Driver, and to increase customer satisfaction.

2. The Renter and the Driver agree that the Company may disclose the information recorded by the drive recorder described in the preceding paragraph to the extent necessary if required to do so by law, or if the Company receives a request or order for disclosure from a court, administrative agency, or other public institution.

(Consumption tax)

Article 35. The Renter shall pay the consumption tax imposed on monetary obligations under these terms and conditions separately to the Company.

(Late fee)

Article 36. If the Renter fails to perform monetary obligations under these terms and conditions, the Company shall pay late fee at an annual rate of 14.6%.

(Details of the contract)

Article 37. The Company may stipulate separate detailed rules for the implementation of these terms and conditions.

2. If the Company stipulates separate detailed rules, the Company shall present them by posting them on the Company's website (https://ev.lightmarks.co.jp/) or by other methods specified by the Company. The same shall apply if the Company changes these rules.

(Court of Jurisdiction)

Article 38 If a dispute arises regarding the rights and obligations under these terms and conditions, the court with jurisdiction over the location of our head office shall be the court of jurisdiction.

Supplementary Provisions

These terms and conditions shall come into effect on September 1, 2023.

[Cancellation Policy]

・Up to 7 days in advance: Free cancellation

・6-3 days in advance: 30% of basic fee

・2 days to the day before: 40% of basic fee

・On the day: 60% of basic fee

*Reservation cancellations are based on business hours (until 5:00 p.m.).

*Cancellations due to natural disasters such as typhoons can be cancelled without any fees. (A cancellation certificate must be submitted.)