Car Rental Agreement Terms and Conditions
Date of establishment: March 18, Reiwa 8
Chapter 1 General Provisions
Article 1 (Application of Terms and Conditions)
- The Company shall rent out rental vehicles (hereinafter referred to as "rental cars") to the Renter in accordance with these Terms and Conditions, and the Renter shall rent them in accordance with these Terms and Conditions. Matters not stipulated in these Terms and Conditions shall be handled in accordance with laws and regulations or general custom.
- The Company may accept special agreements within the scope that does not violate the purpose of these Terms and Conditions, laws and regulations, administrative notices (administrative guidance), and general custom. If there is a special agreement, that agreement shall take precedence over these Terms and Conditions.
Chapter 2 Reservations
Article 2 (Reservation Application)
- When renting a rental car, the Renter shall agree to these Terms and Conditions and the separately stipulated rate table, and make a reservation in accordance with the Company's specified method, clearly stating the vehicle class, rental start time, location, period, return location, driver, child seat and other accessory requirements, and other rental conditions (hereinafter referred to as "rental conditions") in advance.
- When the Renter applies for a reservation, the Company shall, in principle, accept the reservation within the scope of available rental cars. In this case, unless specially approved by the Company, the Renter shall pay a separately stipulated reservation deposit.
Article 3 (Changes to Reservations)
- If the Renter wishes to change the rental conditions in Paragraph 1 of the preceding Article, the Renter shall obtain the prior consent of the Company.
Article 4 (Cancellation of Reservations, etc.)
- The Renter may cancel the reservation in accordance with separately stipulated methods.
- If the Renter fails to initiate the rental agreement procedures more than one hour after the reserved start time due to reasons attributable to the Renter, the reservation shall be deemed canceled.
- In the cases of the preceding two paragraphs, the Renter shall pay a separately stipulated reservation cancellation fee. Upon receipt of said fee, the Company shall refund the received reservation deposit to the Renter.
- If the reservation is canceled or the contract cannot be concluded due to reasons attributable to the Company, the Company shall refund the reservation deposit and pay a separately stipulated penalty.
- If the contract cannot be concluded due to an accident, theft, failure to return the car, recall, natural disaster, or other reasons not attributable to the Renter or the Company, the reservation shall be deemed canceled. In this case, the Company shall refund the reservation deposit.
Article 5 (Substitute Rental Car)
- If the Company is unable to provide the vehicle class reserved by the Renter, it may propose renting a rental car of a different class (hereinafter referred to as a "substitute rental car").
- When the Renter accepts the proposal in the preceding paragraph, the Company shall rent out the substitute rental car under the same conditions as at the time of reservation, except for the vehicle class. If the cost of the substitute vehicle is higher than the reserved vehicle, it will be calculated at the reserved vehicle cost; if it is lower than the reserved vehicle, it will be calculated at the substitute vehicle cost.
- The Renter may refuse the proposal for a substitute vehicle and cancel the reservation.
- If the Renter refuses, and the reason is attributable to the Company, it shall be handled in accordance with Article 4, Paragraph 4 (refund of deposit and payment of penalty).
- If the Renter refuses, and the reason is not attributable to the Company, it shall be handled in accordance with Article 4, Paragraph 5 (only the deposit will be refunded).
Article 6 (Exemption from Liability)
- Except as provided in Article 4 and Article 5, neither the Company nor the Renter shall make any claims for compensation against each other in the event of reservation cancellation or failure to conclude a contract.
Article 7 (Agency for Reservation Services)
- The Renter may apply for reservations through an agency (travel agency, partner company, etc.).
Chapter 3 Rental Procedures
Article 8 (Conclusion of Rental Agreement)
- The renter explicitly agrees to the conditions in Article 2, Paragraph 1, and the Company explicitly states these terms and conditions and the rate schedule, and both parties conclude the agreement. This excludes situations where no vehicle is available for rental, or when the renter/driver meets the conditions of Article 9.
- Upon concluding the agreement, the renter shall pay the rental fee as stipulated in Article 11, Paragraph 1.
- In accordance with administrative notices from regulatory authorities, the Company requires the presentation of a driver's license and a copy thereof to record driver information in the vehicle loan ledger and vehicle loan certificate. If the renter and driver are different, the driver's license must be provided.
- The Company may request other identification documents besides the license and retain a copy.
- Upon concluding the agreement, the renter shall provide contact information (mobile phone, etc.).
- The Company may designate payment of rental fees by credit card, cash, or other methods.
Article 9 (Refusal to Conclude Agreement)
- The renter or driver shall not conclude the agreement if any of the following apply: (1) Failure to present the necessary driver's license. (2) Determined to be under the influence of alcohol (drunk driving). (3) Determined to have symptoms of intoxication from drugs, stimulants, thinners, etc. (4) Intending to carry a child under 6 years old without a safety seat. (5) Determined to be a member of an organized crime group or anti-social organization.
- The Company may refuse to conclude the agreement if any of the following apply: (1) The driver making the reservation does not match the actual driver. (2) Past overdue rental fees. (3) Past instances of prohibited acts under Article 17. (4) Past occurrence of facts under Article 25, Paragraph 1 (non-return). (5) Past instances of insurance non-payout due to violation of terms and conditions. (6) Failure to meet other separately specified conditions. (7) Other circumstances deemed inappropriate by the Company.
- If a reservation has been made but is refused for the above reasons, it will be considered a cancellation, and the Company will refund the reservation deposit.
Article 10 (Formation of Rental Agreement, etc.)
- The rental agreement is concluded when the renter pays the fee and the Company delivers the vehicle. The received deposit will be applied towards the rental fee.
- Vehicle delivery shall take place at the reserved time and location.
Article 11 (Rental Fee)
- The rental fee includes: basic fee, special equipment/optional accessories fee, one-way fee, fuel/charging fee, vehicle delivery fee, and other fees.
- The basic fee shall be based on the rates approved by the competent authority.
- If the rate is adjusted after reservation, the lower of the rate at the time of reservation and the rate at the time of rental will be applied.
Article 12 (Changes to Rental Conditions)
- Any changes to the conditions after signing the contract must first be approved by the Company.
- If the change hinders our business operations, the Company may not agree to it.
Article 13 (Inspection, Maintenance, and Confirmation)
- The Company shall conduct regular inspections and maintenance in accordance with the Road Transport Vehicle Act.
- The Company shall conduct daily inspections.
- The Renter/Driver shall confirm that inspections have been completed, that the vehicle is not poorly maintained, and that it meets the conditions.
- If a defect is found, the Company shall immediately conduct maintenance.
Article 14 (Issuance and Carrying of the Rental Certificate, etc.)
- Upon vehicle handover, the Company shall issue the prescribed "Rental Certificate."
- The Rental Certificate must be carried at all times during the rental period.
- If lost, the Company must be notified immediately.
- The Rental Certificate must be returned upon returning the vehicle.
Chapter 4 Use
Article 15 (Responsibility for Management)
- The Renter/Driver shall use and store the vehicle with the care of a good manager.
- Toll fees, parking fees, and other charges incurred during the rental period shall be borne by the Renter.
- If the Renter fails to pay the aforementioned fees, the Company may provide their personal information to the claimants, and the Renter agrees to this.
Article 16 (Daily Inspection and Maintenance)
- The Renter/Driver shall conduct daily inspections before each use.
Article 17 (Prohibited Actions)
- The vehicle shall not be used for transportation businesses without permission.
- The vehicle shall not be used for purposes other than those specified, or be driven by unauthorized persons.
- The vehicle shall not be sub-leased or used as collateral.
- License plates shall not be forged, nor shall the vehicle be modified without authorization.
- The vehicle shall not be used for testing, racing, or towing other vehicles.
- The vehicle shall not be used in violation of laws or public order and morals.
- Damage insurance shall not be taken out without authorization.
- The vehicle shall not be taken out of the country (outside Japan).
- Other rental conditions shall not be violated.
Article 18 (Measures for Illegal Parking, etc.)
- In case of illegal parking, the Renter shall voluntarily report to the police, pay fines, and cover towing fees.
- Upon receiving a notification from the police, the Company will request the Renter to handle the matter, and the Renter shall follow these instructions.
- The Company may require the Renter to sign a "Statement of Admission" (a document acknowledging the violation).
- The Company may provide Renter information to the police or public safety committee.
- If the Company pays the fine on behalf of the Renter, the Renter shall reimburse the equivalent amount and pay a penalty.
- If the Renter fails to cooperate in handling the matter, the Company may pre-collect a parking violation fee.
- If the fine is revoked later, the Company will refund the corresponding amount.
Article 19 (GPS Function)
- The vehicle is equipped with GPS. The Lessee agrees that the Company may record the location for confirming vehicle return, managing vehicles, or marketing analysis (de-identified).
- The Company may disclose this information when required by law or government agencies.
Article 20 (Driving Recorder)
- The vehicle is equipped with a driving recorder. The Lessee agrees that the Company may record driving conditions for accident confirmation, vehicle management, or marketing analysis (de-identified).
- The Company may disclose this information when required by law or government agencies.
Chapter 5 Return
Article 21 (Return Liability)
- The vehicle shall be returned at the designated location before the expiration of the term.
- In case of damages due to violation of the preceding paragraph, the Lessee shall be liable for compensation.
- In case of inability to return the vehicle due to force majeure such as natural disasters, the Lessee shall not be liable for damages, but shall immediately contact the Company.
Article 22 (Confirmation Upon Return, etc.)
- The vehicle shall be returned in the presence of Company personnel and shall be maintained in the same condition as when it was delivered, except for natural wear and tear.
- Before returning the vehicle, the Lessee shall confirm that no personal belongings are left behind. The Company shall not be responsible for safekeeping.
- All outstanding fees shall be settled upon returning the vehicle.
Article 23 (Rent when Loan Period is Changed)
- After changing the rental period, the rent shall be paid according to the changed period.
Article 24 (Return Location, etc.)
- The Lessee shall bear the transportation fee incurred due to changing the return location.
- If the vehicle is returned at an undesignated location without consent, a penalty of 150% of the transportation fee shall be paid.
Article 25 (Measures in case of Non-Return)
- If the vehicle is not returned after the due date and there is no response, the Company will take legal action, such as filing a criminal complaint.
- The Company may conduct investigations with family members, workplaces, or activate GPS.
- The Lessee shall compensate for damages and recovery costs.
Article 26 (Fuel Treatment, etc.)
- As a general rule, "full tank upon pick-up, full tank upon return".
- A fuel receipt must be presented when returning the vehicle. If there is no receipt, it will be determined by the gauge.
- If the vehicle is not returned with a full tank, the Lessee shall pay a fuel charge calculated based on the mileage.
Chapter 6 Measures in case of Breakdown, Accident, or Theft
Article 27 (Measures upon Discovery of Breakdown)
- Should any abnormality be discovered, driving must be stopped immediately, and the Company must be notified and its instructions followed.
Article 28 (Measures in Case of an Accident)
- In the event of an accident, the vehicle must be stopped immediately, and legal measures must be taken, including reporting to the Company, repairing the vehicle at a designated workshop, cooperating with the investigation, and not settling privately without consent.
- The Lessee shall be solely responsible for handling and resolving accidents.
- The Company will provide consultation and assistance.
Article 29 (Measures in Case of Theft)
- In case of theft, the police must be notified, the Company must be informed, and insurance investigations must be cooperated with.
Article 30 (Termination of Rental Agreement Due to Unusability)
- If the vehicle becomes unusable due to malfunction, accident, or theft, the contract shall be terminated.
- Except in special circumstances, the Lessee shall bear the cost of repair and recovery, and the Company shall not refund any rent already received.
- If the malfunction originates from a defect prior to vehicle delivery, the Company shall provide a replacement vehicle.
- If the Company cannot provide a replacement vehicle or the Lessee does not want a replacement vehicle, the full rent shall be refunded.
- If the accident is not attributable to either party, the unused rent shall be refunded proportionally.
- Except as stipulated in this article, the Lessee shall not claim any other damages.
Chapter 7 Compensation and Indemnification
Article 31 (Compensation and Business Indemnification)
- The Lessee shall be liable for damages caused to third parties or the Company (unless it is due to the Company's negligence).
- For losses incurred by the Company due to the unavailability of the vehicle (accident, theft, damage, odor, etc.), business compensation (NOC) shall be paid according to the fee schedule.
Article 32 (Insurance and Indemnification)
- Compensation will be covered by insurance within the following limits: (1) Personal injury compensation: unlimited per person. (2) Property damage compensation: unlimited per accident (deductible of JPY 100,000). (3) Vehicle compensation: current value per accident (deductible of JPY 50,000, JPY 100,000 for large vehicles). (4) Passenger compensation: JPY 30,000,000 per person.
- No compensation will be provided if the exemption clauses of the insurance company are met.
- The Lessee shall be responsible for any portion exceeding the insurance coverage or not covered by insurance.
- If the Company advances the damages, the Lessee shall immediately repay them.
- Insurance premiums are included in the rental fee.
- No compensation will be provided if the incident is not reported or if the terms and conditions are violated.
Chapter 8 Termination of Rental Agreement
Article 33 (Termination of Rental Agreement)
- If the terms are violated, the Company may terminate the contract without notice and demand the return of the vehicle, and no rent will be refunded.
- The Lessee shall compensate for damages arising from the termination of the contract.
Article 34 (Termination by Mutual Consent)
- The renter may terminate the contract early with the Company's consent and upon payment of a processing fee.
- Calculation formula for termination processing fee: (Total contract amount - Actual usage period cost) × 80%.
Chapter 9 Personal Information
Article 35 (Purpose of Using Personal Information)
- Purposes include: preparing rental certificates, marketing and promotion (mail, email), identity verification, satisfaction surveys, and statistical analysis.
- If there are other purposes, they will be explicitly stated in advance.
Article 36 (Consent to Use Personal Information)
- The renter agrees that in cases of overdue fines, failure to return the vehicle, or other violations, their information may be provided to industry peers for review.
Chapter 10 Miscellaneous Provisions
Article 37 (Set-off)
- The debts of both parties may be offset against each other at any time.
Article 38 (Late Payment Damages)
- In case of delayed performance, late interest shall be paid at an annual rate of 14.6%.
Article 39 (Detailed Regulations)
- The Company may stipulate separate detailed regulations, which shall have the same effect as these terms and conditions.
- The detailed regulations shall be posted at the business office or in the price list.
Article 40 (Agreed Jurisdiction)
- The court of first instance with jurisdiction over disputes shall be the Summary Court located at the head office or branch office of the Company.
Addendum These terms and conditions shall come into effect on March 18, Reiwa 8.