Article 1: Our company will lend vehicles (hereinafter referred to as "rental cars") to the borrower in accordance with these terms and conditions, and the borrower agrees to rent them. Matters not specified in these terms and conditions will be governed by laws and general customs.
2. Our company may accept special agreements within the scope of the purpose of these terms and conditions, laws, regulations, administrative notices, and general customs. If a special agreement is made, that special agreement shall take precedence over the terms and conditions.
Article 2: The borrower can apply for a reservation by agreeing to the terms and conditions and the separately defined rate table, and by specifying in advance the vehicle class, start date and time of borrowing, borrowing location, borrowing period, return location, drivers, necessity of accessories such as child seats, and other borrowing conditions (hereinafter referred to as "borrowing conditions").
2. When a reservation application is made by the borrower, our company will, in principle, accept the reservation within the range of rental cars available. In this case, the borrower shall pay a reservation application fee as separately defined, except where otherwise permitted by our company.
Article 3: The borrower must obtain our company's consent in advance to change the borrowing conditions specified in the preceding article, section 1.
Article 4: The borrower can cancel the reservation by a method separately defined.
2. If the borrower fails to start the procedures for concluding a rental contract (hereinafter referred to as "lending contract") more than one hour past the reserved start time due to the borrower's circumstances, the reservation will be considered canceled.
3. In the case of the preceding two paragraphs, the borrower shall pay a reservation cancellation fee as separately defined, and our company shall refund the received reservation application fee upon payment of the reservation cancellation fee.
4. If the reservation is canceled due to our company's circumstances, or if a lending contract is not concluded, our company will refund the received reservation application fee.
5. In the event of an accident, theft, non-return, recall, natural disaster, or other causes not attributable to either the borrower or our company, and a lending contract is not concluded, the reservation will be considered canceled. In this case, our company will refund the received reservation application fee.
Article 5: If our company cannot lend the reserved class of rental car to the borrower, we may offer to lend an alternative class of rental car (hereinafter referred to as "alternative rental car").
2. If the borrower accepts the offer in the preceding paragraph, our company will lend the alternative rental car under the same borrowing conditions as at the time of reservation, except for the vehicle class. If the rental fee for the alternative rental car is higher than that of the reserved class, it will be charged at the rate of the reserved class. If it is lower, it will be charged at the rate of the alternative rental car class.
3. The borrower may reject the offer of the alternative rental car in the first paragraph and cancel the reservation.
4. If the reason for the inability to lend as stated in paragraph 1 is due to our company's responsibility, it will be treated as a cancellation under Article 4, paragraph 4, and our company will refund the received reservation application fee and pay a penalty fee as separately defined.
5. If the reason for the inability to lend as stated in paragraph 1 is not due to our company's responsibility, it will be treated as a cancellation under Article 4, paragraph 5, and our company will refund the received reservation application fee.
Article 6: Both our company and the borrower shall not make any claims against each other, except in the cases specified in Articles 4 and 5, in the event that the reservation is canceled or a lending contract is not concluded.
Article 7: The borrower can apply for a reservation through travel agencies and affiliated companies (hereinafter referred to as "agents") that handle reservation operations on behalf of our company.
2. A borrower who has made an application to an agent as mentioned in the preceding paragraph can only apply for changes or cancellation of the reservation to that agent.
Article 8: The borrower shall specify the borrowing conditions as defined in Article 2, Section 1, and our company shall specify the lending conditions according to these terms and conditions and the rate table, etc., and conclude a lending contract. However, this excludes cases where there are no rental cars available for lending or if the borrower or driver falls under any of the categories mentioned in Article 9, Sections 1 or 2.
2. When a lending contract is concluded, the borrower shall pay the lending fee defined in Article 11, Section 1 to our company.
3. Based on the basic notices of the supervisory authorities (Note 1), our company will record the driver's name, address, type of driving license, and driving license number (Note 2) in the lending book (original lending ticket) and the lending certificate as stipulated in Article 14, Section 1, and attach a copy of the driver's driving license. In this case, the borrower shall present and submit a copy of their driving license when they are the driver, and when the borrower and driver are different, present and submit a copy of the driver's driving license.
(Note 1) The basic instructions of the supervisory authorities refer to items 2. (10) and (11) of the "Basic Notices on Rental Cars" (Automobile Travel No. 138 dated June 13, 1995) by the Director-General of the Automobile Transport Bureau, Ministry of Land, Infrastructure, Transport and Tourism.
(Note 2) "Driving license" refers to the driving license specified in Article 92 of the Road Traffic Act, among which is the format specified in Annex 14, Article 19 of the Road Traffic Act Enforcement Regulations. International driving licenses as specified in Article 107-2 of the Road Traffic Act and foreign driving licenses are considered equivalent to driving licenses.
4. When concluding a lending contract, our company may ask the borrower and driver to present and submit a copy of identification documents in addition to the driving license.
5. When concluding a lending contract, our company may request the borrower to provide a mobile phone number or other contact information for communication during the borrowing period.
6. When concluding a lending contract, our company may require the borrower to pay by credit card or cash, or specify another payment method.
Article 9: A lending contract cannot be concluded if the borrower or driver falls under any of the following:
When there is no presentation of the driving license necessary for driving the rental car.
When it is recognized that the person is under the influence of alcohol.
When it is recognized that the person is showing symptoms of intoxication from drugs, stimulants, thinners, etc.
When a child under six years old is accompanied without a child seat.
When it is recognized that the person is a member or related to a yakuza group, yakuza-related organizations, or other antisocial organizations.
2. Our company may refuse to conclude a lending contract if the borrower or driver falls under any of the following:
When the driver at the time of concluding the lending contract is different from the driver designated at the time of reservation.
If there is a history of defaulting on the payment of lending fees in past lendings.
If there have been actions listed in Article 17 in past lendings.
If there have been facts listed in Article 23, Section 1 in past lendings (including lendings by other rental car companies).
If there has been a fact that automobile insurance was not applicable due to a violation of the lending terms and conditions or insurance terms and conditions in past lendings.
If the conditions explicitly stated are not met.
3. In the case of the preceding two paragraphs, if a reservation has already been established with the borrower, it will be treated as a cancellation of the reservation, and if a reservation cancellation fee has been received from the borrower, the received reservation application fee will be refunded.
Article 10: A lending contract is established when the borrower pays the lending fee to our company, and our company hands over the rental car to the borrower. In this case, the received reservation application fee will be applied as part of the lending fee.
2. The handover in the preceding paragraph will be conducted at the borrowing location explicitly stated in Article 2, Section 1, at the borrowing start date and time.
Article 11: The basic fee shall be based on the rates implemented by our company and reported to the head of the regional transportation bureau (in Hyogo Prefecture, the head of the Kobe Transport Management Department, Hyogo Land Transport Division; in Okinawa Prefecture, the head of the Okinawa General Affairs Bureau, Land Transport Office; the same applies in Article 14, Section 1).
2. If the lending fee is revised after making a reservation according to Article 2, it will be based on the lower of the fee at the time of reservation and the fee at the time of lending.
3. The consumption tax rate shall be based on the tax rate on the day of delivery of the contract item.
Article 12: After concluding a lending contract, the borrower must obtain our company's consent in advance to change the borrowing conditions defined in Article 8, Section 1.
2. Our company may not consent to changes in borrowing conditions that would impede lending operations.
Article 13: Our company will lend a rental car that has been inspected and necessary maintenance performed as defined in Article 48 [Regular Inspection and Maintenance] of the Road Transport Vehicle Act.
2. Our company will conduct inspections and perform necessary maintenance as defined in Article 47-2 [Daily Inspection and Maintenance] of the Road Transport Vehicle Act.
3. The borrower or driver shall confirm that the inspection and maintenance have been performed according to the preceding two paragraphs, and that the rental car has no maintenance defects and meets the other borrowing conditions based on the inspection sheet separately defined.
4. If maintenance defects are discovered in the rental car during the confirmation in the preceding paragraph, our company shall immediately perform the necessary maintenance, etc.
Article 14: When our company hands over the rental car, we shall issue a lending certificate that includes the items specified by the head of the regional transportation bureau.
2. The borrower or driver must carry the lending certificate issued in the preceding paragraph while using the rental car.
3. If the borrower or driver loses the lending certificate, they must immediately notify our company.
4. When returning the rental car, the borrower or driver must also return the lending certificate to our company.
Article 15: The borrower or driver shall use and store the rental car with the care of a prudent manager from the time it is handed over until it is returned to our company (hereinafter referred to as "during use").
Article 16: During use, the borrower or driver shall conduct daily inspections and necessary maintenance on the rental car as stipulated in Article 47-2 of the Road Transport Vehicle Act.
Article 17: The borrower or driver shall not engage in the following actions during use:
Use the rental car for the auto transport business or similar purposes without our company's consent and the necessary permissions under the Road Transport Law.
Use the rental car for purposes other than those specified, or allow anyone other than the driver(s) listed on the lending certificate and those approved by our company to drive the car.
Sublease the rental car, use it as collateral, or engage in any actions that infringe upon our company's rights.
Forge or alter the car's registration or vehicle number, or modify or refit the car in any way that changes its original state.
Use the rental car for various tests, competitions, towing other vehicles, or pushing other vehicles without our company's consent.
Use the rental car in violation of laws or public order and morals.
Take out insurance on the rental car without our company's consent.
Take the rental car outside of Japan.
Engage in any other actions that violate the borrowing conditions outlined in Article 8, Section 1.
Article 18: If the borrower or driver illegally parks the rental car during use, they must appear at the police station with jurisdiction over the area of the violation and immediately pay the fine for illegal parking and bear the costs related to towing, storage, and retrieval of the car.
2. If our company is notified by the police of a parking violation of the rental car, we will contact the borrower or driver and instruct them to move or retrieve the rental car promptly and to handle the violation at the handling police station by the end of the rental period or at a time designated by our company. Our company may retrieve the rental car from the police at our discretion.
3. After giving instructions in the preceding paragraph, our company will confirm the handling of the violation through traffic violation notification slips, payment slips, receipts, etc., and if it has not been handled, we will continue to give the instructions of the preceding paragraph until it is resolved. We will also request the borrower or driver to sign a document acknowledging the fact of illegal parking and their compliance with legal measures as the violator (hereinafter referred to as "acknowledgment document"), and the borrower or driver shall comply with this.
4. When our company deems it necessary, we may submit the acknowledgment document and lending certificate containing personal information to the police for the pursuit of responsibility for parking violations by the borrower or driver, and also submit an explanation and acknowledgment document to the Public Safety Commission under Article 51-4, Paragraph 6 of the Road Traffic Law, and take necessary legal measures to report the facts.
5. If our company is ordered to pay a fine for an unattended parking violation under Article 51-4, Paragraph 1 of the Road Traffic Law, or if we bear the costs for searching for the borrower or driver, or for moving, storing, and retrieving the vehicle, we will claim the following amounts (hereinafter referred to as "parking violation-related costs") from the borrower or driver. In this case, the borrower or driver shall pay the parking violation-related costs by the designated date.
Amount equivalent to the unattended parking violation fine
Parking violation penalty fee separately determined by our company
Costs incurred for search, vehicle moving, storage, and retrieval
6. If the borrower or driver is required to pay a fine for illegal parking under the provisions of paragraph 1, and does not comply with our company's instructions to handle the violation based on paragraph 2 or sign the acknowledgment document based on paragraph 3, our company can claim a parking violation fee (hereinafter referred to as "parking violation fee") separately determined by our company from the borrower or driver, which will be applied to the unattended parking violation fine and parking violation penalty fee under paragraph 5.
7. If the borrower or driver pays the amount claimed by our company under paragraph 5 and later pays the fine for the parking violation or is prosecuted, resulting in the cancellation of the order to pay the unattended parking violation fine and our company receiving a refund of the unattended parking violation fine, our company will refund only the amount equivalent to the unattended parking violation fine of the already received parking-related costs.
Article 19: The borrower or driver shall return the rental car to our company at the designated return location by the end of the rental period.
2. If the borrower or driver violates the provisions of the preceding paragraph, they shall compensate our company for all damages caused.
3. If the borrower or driver is unable to return the rental car within the rental period due to natural disasters or other force majeure, they shall not be responsible for any damages incurred to our company. In this case, the borrower or driver shall immediately contact our company and follow our instructions.
Article 20: The borrower or driver shall return the rental car in the presence of our company. In this case, the car shall be returned in the condition it was in at the time of handover, except for normal wear and tear.
2. When returning the rental car, the borrower or driver shall ensure that there are no belongings left in the car and return it. Our company shall not be responsible for any belongings left in the car after its return.
Article 21: If the borrower or driver changes the rental period according to Article 12, Section 1, they shall pay the lending fee corresponding to the changed rental period.
Article 22: If the borrower or driver changes the designated return location according to Article 12, Section 1, they shall bear the costs for transport due to the change of return location at a rate of 1,000 yen per kilometer from the office.
2. If the borrower or driver returns the rental car to a location other than the designated return location without the consent of our company according to Article 12, Section 1, they shall pay the following return location change penalty fee:
Return location change penalty fee = Cost for transport due to the change of return location × 150%
Article 23: If the borrower or driver does not return the rental car to the designated return location despite the rental period having expired and does not respond to our company's request for return, or if the borrower's whereabouts become unknown, resulting in non-return, our company may take legal measures such as filing a criminal complaint.
2. If the situation in the preceding paragraph occurs, our company shall take necessary measures to confirm the whereabouts of the rental car, including interviewing the borrower or driver's family, relatives, workplace, etc., and activating the vehicle location information system.
3. In the case of the situation in paragraph 1, the borrower or driver shall be responsible for compensating our company for damages according to the provisions of Article 28 and bear the costs for recovering the rental car and searching for the borrower or driver.
Article 24: If the borrower or driver discovers an anomaly or breakdown in the rental car during use, they must immediately stop driving and contact our company, and follow our instructions.
Article 25: If an accident involving the rental car occurs during use, the borrower or driver shall immediately stop driving, take legal measures regardless of the severity of the accident, and take the following measures:
Immediately report the situation of the accident to our company and follow our instructions.
If repairs to the rental car are to be carried out based on the instructions in the preceding item, they shall be done at our company or at a workshop designated by our company, except when approved by our company.
Cooperate with investigations by our company and our contracted insurance company regarding the accident and promptly submit the necessary documents, etc.
When reaching a settlement or other agreement with the other party involved in the accident, obtain our company's consent in advance.
2. In addition to taking the measures in the preceding paragraph, the borrower or driver shall handle and resolve the accident at their own responsibility.
3. Our company shall provide advice for handling the accident for the borrower or driver and cooperate in its resolution.
Article 26: If theft of the rental car occurs during use or if other damage is suffered, the borrower or driver shall take the following measures:
1. Immediately report to the nearest police station.
2. Immediately report the details of the damage to our company and follow our instructions.
3. Cooperate with investigations by our company and our contracted insurance company regarding the theft or other damage and promptly submit the requested documents, etc.
Article 27: If the rental car becomes unusable during use due to breakdown, accident, theft, or other reasons (hereinafter referred to as "breakdown, etc."), the lending contract shall be terminated.
2. In the case of the preceding paragraph, the borrower or driver shall bear the costs for retrieving and repairing the rental car, and our company shall not refund the received lending fee. However, this does not apply if the breakdown, etc., is due to reasons outlined in paragraphs 3 or 5.
3. If the breakdown, etc., existed before lending, a new lending contract shall be concluded, and the borrower can receive an alternative rental car from our company. The provisions of Article 5, paragraph 2 shall apply mutatis mutandis to the conditions for providing the alternative rental car.
4. If the borrower does not accept the offer of the alternative rental car in the preceding paragraph, our company shall refund the entire received lending fee. The same applies if our company cannot provide an alternative rental car.
5. If the breakdown, etc., occurs due to reasons not attributable to the borrower, driver, or our company, our company shall refund the balance of the received lending fee after deducting the lending fee corresponding to the period from lending to the termination of the lending contract.
6. The borrower and driver shall not make any claims against our company for damages incurred due to the inability to use the rental car, except for the measures outlined in this article.
Article 28: The borrower or driver shall compensate for damages caused to third parties or our company during the use of the rental car borrowed by the borrower or driver. However, this does not apply in cases due to our company's responsibility.
2. The damages to our company in the preceding paragraph, including damages due to accidents, theft, faults due to the borrower or driver's responsibility, and damages due to the rental car's dirtiness or odor that render the car unusable, shall be based on the number of days the car is unusable × the rate defined in the rate table, and the borrower or driver shall pay these damages.
Article 29: When the borrower or driver bears the compensation responsibility as defined in Article 28, paragraph 1, insurance money will be paid within the following limits under the damage insurance contract concluded for the rental car by our company:
Personal injury compensation: Per person: Unlimited (does not include the amount covered by automobile damage liability insurance).
Property damage compensation: Per accident: Unlimited (deductible amount: 0 yen).
Vehicle compensation: Per accident: None.
Passenger compensation: Per person: 30 million yen.
2. Insurance money or compensation will not be paid in cases that fall under the exemptions of the insurance policy or compensation system.
3. Damages not covered by insurance money or compensation and damages exceeding the insurance or compensation amount as defined in paragraph 1 shall be borne by the borrower or driver.
4. If our company pays the damage amount that the borrower or driver should bear, the borrower or driver shall immediately reimburse our company for the payment amount.
5. The premium equivalent to the damage insurance contract as defined in paragraph 1 is included in the lending fee.
Article 30: If the borrower or driver violates these terms and conditions during use, or if any of the items in Article 9, paragraph 1 apply, our company may terminate the lending contract without any notice or demand and immediately request the return of the rental car. In this case, our company will not refund the received lending fee to the borrower.
Article 31: The borrower can terminate the lending contract during use with our company's consent and upon paying the cancellation fee defined in the following paragraph. In this case, our company shall refund the balance of the received lending fee after deducting the lending fee corresponding to the period from lending to return.
2. When terminating the contract as described in the preceding paragraph, the borrower shall pay the following cancellation fee to our company:
Cancellation fee = (Basic fee corresponding to the lending contract period) - (Basic fee corresponding to the period from lending to return × 30%)
Article 32: The purposes for which our company acquires and uses the personal information of the borrower or driver are as follows:
To fulfill the obligations as a rental car business operator licensed under Article 80, Section 1 of the Road Transport Law, such as creating a lending certificate at the time of concluding the lending contract.
To provide information about rental cars, used cars, and other products handled by our company and related services, as well as to conduct various events and campaigns, through sending promotional materials and emails.
To conduct personal identification and screening at the time of applying for a rental agreement.
To conduct surveys on borrowers or drivers for planning and development of products and services handled by our company and for considering customer satisfaction improvement measures.
To create statistical data by statistically compiling and analyzing personal information and processing it into a form that cannot identify or specify individuals.
2. If personal information of the borrower or driver is acquired for purposes not defined in each item of paragraph 1, it will be done by clearly stating the purpose of use in advance.
Article 33: The borrower or driver consents to the use of their personal information, including their name, date of birth, driver's license number, etc., by rental car operators for the purpose of screening at the time of concluding the lending contract in the following cases:
When our company is ordered to pay the unattended parking violation fine under Article 51-4, Paragraph 1 of the Road Traffic Law.
When there is no full payment of the parking violation-related costs defined in Article 18, paragraph 5 to our company.
When non-return as defined in Article 23, paragraph 1 is recognized.
Article 34: If our company has a monetary obligation to the borrower or driver based on these terms and conditions, our company can offset it at any time with the monetary obligation of the borrower or driver to our company.
Article 35: The borrower or driver and our company shall pay late payment charges at an annual rate of 10% if they fail to fulfill their monetary obligations based on these terms and conditions.
Article 36: Our company can separately establish detailed rules for these terms and conditions, and these detailed rules shall have the same effect as these terms and conditions.
2. When our company establishes detailed rules, they shall be displayed at our company's offices and included in pamphlets, rate tables, etc., issued by our company. The same applies when these are changed.
Article 37: In case of a dispute regarding the rights and obligations based on these terms and conditions, the summary court with jurisdiction over the location of our company's head office, branch, or office, regardless of the amount of the lawsuit, shall be the agreed jurisdiction court.
These terms and conditions shall be enforced from the date of approval.