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Chapter 1 General Rules

Article 1 (Application of the Terms and Conditions for Rental)

  1. The company shall rent a vehicle (hereinafter referred to as the" Rental Car") to the Renter in accordance with the provisions of these Terms and Conditions and separately prescribed detailed regulations (hereinafter, both are referred to as "Terms and Conditions") and the renter shall rent the vehicle. The Renter shall include the "Member" prescribed in the following article as well as the renters who rented the Rental Car through the Company or third parties on behalf of the Company. Note that, matters not prescribed in these Terms and Conditions shall be in accordance with laws and regulations and common practice.
  2. The Company may make special provisions within a scope which does not violate the purport of these Terms and Conditions, laws and regulations, administrative notices, and common practice. If a special written provision is made such provision shall take precedence over these Terms and Conditions.

Article 2 (Membership)

  1. For those who wish to become a Member, they must submit an application to the Premium Rent-a-car and consent to the Terms and Conditions and to the Company's screening process and receive approval. (hereinafter referred to as "Member").
  2. The Membership card issued by the Company with the company's approval in preceding paragraph shall serve as the membership certificate.

Chapter 2 Reservations

Article 3 (Making Reservations)

  1. Provided that the Renter agrees to the Terms and Conditions and the price list as set forth separately, the Renter can, by the method provided separately, make reservations by specifying in advance the class of the Rental Car, the commencement date and time of rental, the period of rental, the renting and returning place, the driver's name(s) or other accessories, and other Renting Conditions, if any, (hereinafter referred to as "Renting Conditions") required for renting the Rental Car from the Company. The Company shall comply, in principle, with the particulars to the extent that the Rental Car is available for such rental, upon receipt of the reservation from the Renter.
  2. A reservation shall be made by the Member at the rental office, on the phone or via the internet. In the case the agency of the Member makes a reservation on behalf of the Member, advanced approval from the Company is necessary by the Member on the phone with the phone number registered at the time of the Membership registration. However, this need not apply when the Company has received approved in advance with a written document.
  3. If reservations are made verbally over the phone, the Renting Conditions as understood by the Company shall take precedence over the Renting Conditions as understood by the Member. The Company shall not be held responsible for any discrepancies between the Company and the Member over Renting Conditions.
  4. The Renter shall pay to the Company the reservation deposit (20% of basic charge prescribed under the paragraph 1 of Article 6. The same condition apply below) to make a reservation. However, this need not apply when the Company has approved in advance.
  5. The Renter shall pay the reservation deposit in the preceding paragraph to the Company through the below stated payment methods. The reservation shall be completed upon the settlement of the reservation deposit payment. However, in case of online reservation, payments can be made only with credit cards but not cash.
    1. If paying with credit card
      ・ In case of walk in reservation, payments are processed in person.
      ・ In case of online reservation, payments are made by entering required information for the credit card payment on the reservation screen.
      ・ In case of over the phone reservation, payments are made by the Company inquiring the required information for the credit card payment over the phone.
    2. If paying with cash
      ・ In case of walk in reservation, payments are processed in person.
      ・ In case of over the phone reservation, temporary reservation shall be made over the phone, and the Renter shall make a payment through a bank transfer to the bank account assigned by the Company within 3 business days from the temporary reservation (in case the commencement day of the rental is within 3 business days from the temporary reservation, payment shall be made until the date and time of the commencement of the rental). Reservation shall be completed upon the confirmation of the payments by the Company. The Renter is responsible to pay the bank transfer fee.
      In case the Company is not able to confirm the bank transfer payment within 3 business days (in case the commencement day of the rental is within 3 business days from the temporary reservation, payment shall be made until the date and time of the commencement of the rental), the temporary reservation shall be cancelled based on the Article 5.
  6. The Renter may make reservations through the travel agents or the business partners, etc. (hereinafter referred to as "Agents"), which handle reservations and represent the Company.
  7. A Renter who has made an application provided in the preceding paragraph with an Agency may, notwithstanding the provisions of this Article and following Article, apply to change or cancel such reservation only with such Agency.

Article 4 (Changes of Reservation)

The Renter must obtain prior consent from the Company when attempting to make any changes in the reservation provided in paragraph 1 of the preceding Article.

Article 5 (Cancellations of the Reservations, Etc.)

  1. The Renter can cancel the reservation by the method provided separately.
  2. The reservation shall be deemed to have been cancelled when the Renter does not execute a Rental Agreement of renting a Rental Car (hereinafter referred to as "Rental Agreement") within one hour from the reserved commencement time of rental for its own cause.
  3. If a reservation has been cancelled in accordance with preceding two paragraphs, the Renter shall pay the Company the reservation cancellation fee prescribed in Article 15. In an event, the reservation deposit has been paid, this reservation deposit shall offset with the reservation cancellation fee, and its balance amount shall be adjusted.
  4. The Company shall return the reservation deposit received to the Renter when the Company cancels the reservation or does not execute the Rental Agreement for its own cause. In such a case, the Renter shall not make any claims against the Company except the reservation deposit.
  5. The Company shall promptly notify the Renter according to a method determined by the Company in advance when it is not possible to rent a Rental Car reserved by the Renter due to natural disasters, accidents, theft, vehicle malfunctions or faults, delayed return by other renters, malfunctions in telecommunications operations such as fixed line phones, mobile telephones, or internet connections, etc., malfunctions or failures to the system used to run the Company's Rental Car rental operations, or other force majeure which cannot be attributed to the Company, or when the Company deems that it is inappropriate to rent a vehicle. In such case, the reservation shall be deemed to have been cancelled when it is not possible to rent a Substitute Rental Car, or when the Renter does not agree to rent a Substitute Rental Car. Note that, when a reservation has been cancelled, the Company shall reimburse reservation deposits already received to the Renter, and the Company shall not be liable for any damage incurred by the Renter due to the cancellation of such reservation.

Chapter 3 Rentals

Article 6 (Rental Fee)

  1. Rental fees shall refer to the total of the following fees, and the Company shall clearly state each amount in the separately prescribed rate table.
    ・ Basic charge (The basic charge shall be in accordance with the rental price of which the Company notifies Director of the Land Transport Office of District Bureau of Transport (Director of Hyogo Land Transport of the Comptroller Division of Kobe Transport in Hyogo Prefecture and Director of the Land Transport Office of the Okinawa General Affairs Bureau in Okinawa Prefecture, which shall be also applicable hereunder), and which is implemented at the time of rental.
    ・ Deductible compensation rate
    ・ Special equipment rate
    ・ Fuel rate
    ・ Vehicle assignment and pick-up rate
    ・ Other rates
  2. If the Company revises the rental rate after the completion of the reservation prescribed in Article 3, the rental rate shall be calculated with the rate table applied at the time of the reservation.

Article 7 (Execution of the Rental Agreement)

  1. While the "Renter" shall specify the Renting Conditions, the Company shall specify the vehicle Renting Conditions as set forth in the Terms and Conditions, the rate table, etc., before the Rental Agreement is executed. In this case, the "Member" shall pay the rental fee, prescribed separately, to the "Company". The "Company" shall not execute the Rental Agreement nor rent the Rental Car to anyone besides the "Member" except when there has been prior consent.
  2. The Company is to record the driver's name, address, driving license classification and driving license number on the rental ledger (original rental sheet) and the rental certificate provided in Article 14 pursuant to 2 (10) and (11) of the Basic Instructions Concerning Rental Vehicles (Ji-Ryo No.138, June 13, 1995) issued by the relevant government authority, and to affix a photocopy of the driver's license. Thus when executing the Rental Agreement, the Company shall request that the Renter to show and submit a copy of the driver's license belonging to the Renter or the driver designated by the Renter (hereinafter referred to as the "Driver"), and the Renter and the Driver shall comply with such request . Note that, when executing the Rental Agreement, none of the documents such as photocopies of the driver's licenses submitted to the Company by the Renter or the Driver, shall be returned to the Renter or the Driver, for any reason whatsoever.
  3. The Company, at the time of the execution of the Rental Agreement, may ask the Renter or the Driver to present to the Company other documents for identification in addition to a driver's license and the photocopies of such documents thereof. The Renter and the Driver shall comply with said request.
  4. The Company, at the time of the execution of the Rental Agreement, shall ask the Renter or the Driver present his/her mobile phone number to allow the Company to communicate with the Renter or the Driver during the rental period, and the Renter and the Driver shall comply with said request.
  5. The Company, at the time of the execution of the Rental Agreement, shall request payment by either credit card or cash from the Renter; provided, however, that when the Company has approved payment by some other method, the Renter may pay rental fees by such method.

Article 8 (Changes in Renting Conditions)

  1. When the Renter desires to change the Renting Conditions as set forth in the paragraph1 of Article 7 after the execution of the Rental Agreement, the Renter shall obtain the consent of the Company beforehand.
  2. The Company may not consent to changes in Renting Conditions as described in preceding paragraph if such changes interfere with the Company's day-to-day renting operations.

Article 9 (Rental Conditions)

  1. In the event that the Renter comes under any of the items set forth below, the Renter , may not execute the Rental Agreement.
    1. When an acceptable driver's license required operating the Rental Car is not presented to the Company, or the Renter does not agree to present a photocopy of the driver's license of the Driver despite the Company's request.
    2. When judged as being under the influence of alcohol or at a decreased capacity due to narcotics, stimulants, thinners, etc.
    3. When judged to be a member of the crime syndicate or the crime syndicate-related organization, or associated therewith, or a member of other antisocial organizations.
    4. When accompanying children under the age of six (6) without the use of child seats.
  2. In the event that the Renter or the Driver comes under any of the items set forth below, the Company shall reserve the right to refuse to execute the Rental Agreement.
    1. When separately prescribed Renting Conditions by the Company have not been fulfilled, or when the Company finds any inappropriate grounds to not execute the Rental Agreement.
    2. When the Renter or the Driver acted in contravention or possible contravention of the Terms and Conditions.
    3. When the Renter or the Driver acted in contravention of Article 25 in the past including for car rentals from other companies.
    4. When the Renter or the Driver let any charge fall into arrears at the Company in the past.
    5. When the Renter or the Driver acted in contravention of each item of Article 18 in the past car rentals, or when automobile insurance coverage refused due to the violation of the Terms and Conditions for rental or the insurance provisions.
    6. When a third party other than the Driver, designated at the time of reservation tries to drive the Rental Car at the time of executing the Rental Agreement.
    7. When the Renter or the Driver commits a violent act against or imposes a burden beyond a reasonable extent on an employee or other related person of the Company or uses a violent act or word, in connection with a transaction with the Company.
    8. When the Renter or the Driver undermines the trust in the Company or interferes with business activities of the Company by spreading false information or using fraudulent means or force.
    9. When the Renter or the Driver does not meet all the conditions as separately prescribed, or when the Company finds any inappropriate to not execute the Rental Agreement.
  3. For the reservations executed with the Renter in the event of preceding two paragraphs, the reservation shall be considered cancelled due to reasons attributable to the Renter. In such a case, The Renter is responsible to pay the cancellation fee.

Article 10 (Substitute for the Rental Car)

  1. The Company may offer to rent a vehicle in a different vehicle class (hereinafter referred to as "Substitute"), in case it is unable to rent a vehicle of the same class that the Renter has reserved.
  2. When the Renter accepts such an offer as provided in preceding paragraph, the Company shall rent the Substitute under the same Renting Conditions, except for the class of vehicle; provided, however, that when the rental fee for the Substitute is higher than that of the vehicle class as reserved, the rental fee for the reserved vehicle class shall apply and when the rental fee for Substitute is lower than the vehicle class as reserved, the rental fee for the class of such Substitute Rental Car shall apply.
  3. If the Renter refuses to receive the Substitute offered in accordance with Paragraph 1, the Company shall reimburse the received reservation deposit to the Renter. In such a case, the Renter shall not demand for anything in excess of the reservation deposit.

Article 11 (Exemption)

In case it is unable for the Company to rent the Rental Car or Substitute, the Company shall immediately notify to the Renter. In such a case, the Renter shall not demand for anything to the Company except the implementation of measures in accordance with the provisions of the Terms and Conditions.

Article 12 (Formation of the Rental Agreement, Etc.)

  1. The Rental Agreement shall come into effect when the Renter pays the Rental fee to the Company and the Company delivers the Rental Car to the Renter (including accessories, the same condition apply below). In this case, the reservation deposit received shall be allotted as part of the Rental fee. In cases where there has been prior approval by the Company, the Rental Agreement shall come into effect when the Company delivers the Rental Car to the Renter even though the Renter has not paid the Rental rate to the Company.
  2. The delivery as described under preceding paragraph shall take place at the commencement date and time at the renting place specified in preceding paragraph.

Article 13 (Inspection and Maintenance of the Rental Car)

  1. The Company shall rent the Rental Car after conducting necessary periodic inspection and maintenance as stipulated in Article 48 of the Road Transport Vehicle Law (Periodic Inspection and Maintenance).
  2. The Company shall conduct necessary inspection and maintenance as stipulated in Article 47.2 of the Road Transport Vehicle Law (Daily Inspection and Maintenance).
  3. The Renter shall confirm that the Rental Car has been duly inspected and maintained under preceding two paragraphs and ensure that the Rental Car is free from defects by inspection of the exterior and the accessories of the Rental Car based on the separately prescribed inspection sheet, and also that the Rental Car meets the Renting Conditions.
  4. In the event that the any defects are detected in the Rental Car upon the checkup under preceding paragraph, the Company shall immediately perform necessary repairs and maintenance.

Article 14 (Issuance and Carrying of the Rental Vehicle Certificate, Etc.)

  1. At the time of delivery or pick-up of the Rental Car, the Company shall issue to the Renter a designated certificate of rental stating items set forth by Director of the Land Transport Office of District Bureau of Transport.
  2. The Renter shall carry the Rental Vehicle Certificate issued in accordance with preceding paragraph during the period of use of the Rental Car.
  3. The Renter shall immediately notify the Company when the Renter or the Driver loses the Rental Vehicle Certificate.
  4. The Renter shall return the Rental Vehicle Certificate to the Company at the time of returning the Rental Car.

Article 15(Cancellations of the Reservations, Etc.)

In the event that the Renter cancels a reservation due to reasons attributable to the Renter, despite making a reservation in accordance to Article 3, the Renter shall pay a cancellation fee to the Company as prescribed below. In the case a reservation deposit has been paid by the Renter, this reservation deposit shall be offset with the reservation cancellation fee, and its balance amount shall be adjusted.

・ During business hours up to 7 days prior to the reservation day No Charge
・ During business hours 3-6 days prior to the reservation day 20% of the basic charge
・ During business hours 1-2 days prior to the reservation day 30% of the basic charge
・ Date of the rental reservation day 50% of the basic charge

*A cancellation made at 20:00 or after, is considered as a cancellation made outside of business hours, and handled as a cancellation made on the following day . Changes in the reservation are allowed up to two times, and the cancellation fee for a cancellation made after making at least one change to the original reservation shall be a flat rate of 100% of the basic charge regardless of the above specifications.

Chapter 4 Use of the Rental Car

Article 16 (Managerial Responsibilities of the Renter)

The Renter shall observe the duties with the care of a good custodian in operating and maintaining the Rental Car, during the rental period from the delivery to the return of the Rental Car to the Company (hereinafter referred to as "during the period of use ").

Article 17 (Daily Inspections and Maintenance)

The Renter shall conduct necessary daily inspection and maintenance of the Rental Car before use as set forth in Article 47.2 of the Road Transport Vehicle Law (Daily Inspection and Maintenance).

Article 18 (Prohibited Acts)

The Renter shall be prohibited from any of the following acts during the rental period.

    1. To use the Rental Car for transportation business utilizing automobiles or similar purposes thereto without obtaining the consent of the Company or the permission as required by the Road Transport Law.
    2. To use the Rental Car for purposes other than those specified, or to let a third party other than the Driver specified on the Rental Vehicle Certificate under Article 14 drives the Rental Car or other than the Renter specified under Article 1 .
    3. To sublet the Rental Car for third party use or to deposit it for security or any other acts which would infringe on the rights reserved by the Company.
    4. To change the original form of the Rental Car by falsification or defacement of its automobile registration number plate or license number plate, or by rebuilding or redesigning of the Rental Car.
    5. To use the Rental Car for any kind of test or competition, or for pulling or pushing any other vehicle without obtaining the consent of the Company.
    6. To drive through sea shores, riverbeds, or forest paths with the Rental Car without obtaining the prior consent of the Company.
    7. To use the Rental Car in violation of the laws or against public order and standards of decency.
    8. To subscribe to accident insurance for the Rental Car without obtaining the consent of the Company.
    9. To take the Rental Car out of the territory of Japan.
    10. To act in violation of the Terms and Conditions or the Rental Agreement.

Article 19 (Measures in Case of Breakdowns)

  1. If the Renter detects any abnormality or breakdown of the Rental Car, during the period of use of the Rental Car, the Renter shall immediately discontinue the operation and contact the Company and at the same time follow the instructions given by the Company.
  2. If the abnormality or the breakdown has occurred for reasons attributed to the Renter, the Rental Agreement shall be terminated, and the Renter shall bear the expense required for the collection and repair of the Rental Car. In such as case, the Company shall not refund the originally received rental fee.
  3. If there is an abnormality or a breakdown due to existing defects prior to delivery to the Renter, the Renter may receive a Substitute from the Company.
  4. If the Renter accepts the offer of the Substitute in the preceding paragraph, the provision in Article10.2 shall be applied.
  5. If the Renter does not accept the offer of the Substitute prescribed in paragraph 3, the Rental Agreement shall be terminated, and the Company shall refund the total amount of rental fee. In this case, the renter shall not make any claims against the Company besides the rental fee.
  6. If the Company is unable to offer the Substitute prescribed in paragraph 3 due to the natural disaster or any other force majeure, the same condition shall apply.

Chapter 5 Return of the Rental Car

Article 20 (Responsibility of the Renter for the Return of the Rental Car)

  1. The Renter shall return to the Company the Rental Car at the specified returning place before the expiration of the rental period.
  2. If the Renter violates the condition prescribed in the preceding paragraph, the Renter shall compensate any loss inflicted on the Company.
  3. If the Renter is unable to return the Rental Car during the rental period due to a natural disaster or any other force majeure, the Renter shall immediately contact the Company and follow the instructions given by the Company. In such a case, the Renter shall not be held liable for the loss inflicted on the Company. However, if there is no contact from the Renter or the Renter does not follow the instructions given by the Company, this condition shall not apply.

Article 21 (Condition Check of the Rental Car and Personal Articles and Belongings Left in the Rental Car at the Time of Return)

  1. The Renter shall return the Rental Car in the same conditions as confirmed at the commencement of rental, except for ordinary wear and tear of the Rental Car arising from the normal use, in the presence of a representative of the Company.
  2. The Renter, at the time of returning the Rental Car, shall confirm that no articles, belongings to the Renter or passenger(s) have been left behind in the Rental Car.
  3. The Renter shall abandon any claim for property or left items and all the other rights regarding the left items, and the Company shall not assume any liability for compensation whatsoever for damage incurred by the Renter, or passengers, or other third parties resulting from the left items.

Article 22 (Rental fee when the rental period is extended)

  1. When the Renter extends the rental period in accordance with Article 8, the Renter shall pay either the rental fee corresponding to the total rental period after the change or the rental fee before the change and the excess rental fee for the extended rental period, whichever is lower.
  2. When the Renter returns the Rental Car after the specified return time without the consent of the Company as prescribed under Article 8, the Renter shall pay the penalty in the amount of 100,000 yen in addition to the fee specified in the preceding paragraph.

Article 23(Returning Place of the Rental Car, Etc.)

  1. When the Renter changes the return location in accordance with Article 8, the Renter shall bear the required expenses for forwarding the Rental Car due to a change of the return location.
  2. When the Renter returns the Rental Car to a place other than the specified return location without the consent of the Company as prescribed under Article 8, the Renter shall pay a penalty fee to the Company in the amount equivalent to five times the expenses required for forwarding the Rental Car due to a change of the return location.

Article 24(Payment of Rental Fee)

  1. If there are any unpaid rates, such as excess rates, incidental fees and fuel rates, the Renter shall pay the rates accordingly at the time of return.
  2. If the gasoline or other fuels are not refueled (in other words does not have a" full tank"), he Renter shall pay the fees specified in followings.
    ・ Calculated fee for the amount of gasoline that has not been refueled
    [Approximate amount of gasoline that needs to be filled (Liter)] x [Market Price]
  3. The payment due date prescribed in the preceding two paragraphs shall be the return day of the Rental Car. However, in the case where the Company approves, payment due date shall be within 7days from the Rental Car return day.

Article 25 (Measures in Case of Non-Return of the Rental Car)

  1. When the Renter does not return the Rental Car to the specified return location within 3 hours of the expiration of the rental term, or when it is acknowledged that the Rental Car has been stolen such as when the whereabouts of the Renter is unknown, the Company, in addition to taking legal action such as criminal prosecution, shall report unreturned vehicle damage to the National Rent-a-Car Association and shall take measures such as registering in the National Rent-a-Car Association System (hereinafter referred to as the" National Rent-a-Car Association System").
  2. The Company, in the case of preceding paragraph, shall take all necessary measures to confirm the location of the Rental Car.
  3. In case of non-return of the Rental Car as set forth in paragraph1, the Renter shall be liable for all the damages to the Company as set forth in Article 31 and, additionally, shall bear all the expenses the Company may have to incur for the collection of the Rental Car and for the search of whereabouts of the Renter.

Article 26 (Agreement of Registration and Use of Rental Information)

The Renter or the Driver shall agree that when the Renter or the Driver behaved in such a manner as becomes applicable to any of the following cases, the personal information of the Renter or the Driver, including the name, date of birth, driver's license number and so forth may be registered at National Rent-a-Car Association system for the duration not exceeding seven years and also such registered personal information may be accessed by the National Rent-a-Car Association, the respective local Rent-A-Car Associations and the respective member vehicle renting companies of such Associations for the screening at the time of the execution of the Rental Agreement.

    1. When the Company receives an order to pay the parking fine for illegal parking based on paragraph 1, Article 51-4 of the Road Traffic Law.
    2. When the payment of the all cost related to illegal parking prescribed in Article 27.5 has not been paid to the Company.
    3. When the Rental Car is considered as unreturned based on the paragraph 1 of preceding Article.

Article 27 (Measures in Case of Illegal Parking, Etc.)

  1. If the Renter parks the Rental Car illegally in violation of Road Traffic Law during the rental term, the Renter shall report to the police having jurisdiction over the area related to the illegal parking (hereinafter referred to as "jurisdictional police"), and shall immediately and personally pay the fine relating to the parking violation, and shall be responsible for towing, storage, collection, and other expenses related to such parking violation.
  2. In the case of the preceding paragraph, if the Company is informed of the parking violation by the police, the Company shall contact the Renter to promptly have the Rental Car moved to the location specified by the Company, and shall give instructions to undertake administrative procedures such as to appear at the Jurisdictional Police Station no later than the time of returning the Rental Car or the time indicated by the Company and to pay the fine for such violation. Then the Renter shall comply with such instructions given by the Company. When police tows the Rental Car, the Company may collect the Rental Car from police without consent of the Renter. At the same time, the Company shall request that the Renter to sign a document (hereinafter referred to as a" Acknowledgement Letter") specified by the Company in which the Renter admits to having appeared at a police station, to having committed a parking violation and to having taken measures under the law as an offender, and the Renter shall comply with such request. When the Renter does not pay the fine relating to such parking violation or does not pay other expenses prescribed in the preceding paragraph, the Company may not accept return of the Rental Car, even during the rental term, until the fine and other payments are complete.
  3. In the case provided in the preceding paragraph, if the return of the Rental Car occurs after the expiration of the rental term, the Renter shall pay separate usage fees for such excess period.
  4. If the Company deems necessary, the Company may submit the Acknowledgement Letter, Renting Conditions, Renter Information registered with the Company, and other data which states information such as the license plate number of the Rental Car rented to the Renter, to the police and the Public Safety Commission, and the Renter shall consent to this in advance.
  5. If the Company receives an order to pay the parking violation fines prescribed in Article 51.4.1 of the Road Traffic Law and the Company pays such parking fines, or if the Company bears expenses required to locate the Renter or expenses required to move, store or collect the vehicle, the Company may demand each amount of item stated below from the Renter (hereinafter referred to as" Expenses Related to the Parking Violation"). In such case, the Renter shall pay Expenses Related to the Parking Violation by the deadline specified by the Company.
    1. Amount equivalent to the parking fine
    2. Parking violation penalty fee prescribed separately by the Company
    3. Expenses required to locate and expenses required to move, store or collect the vehicle
  6. When the Company has received an order to pay the parking fine provided in the preceding paragraph, or when the Renter does not pay the full amount claimed as provided in the preceding paragraph by the deadline specified by the Company, the Company shall take measures such as registering name, address, and drivers license number, etc. of the Renter in the National Rent-a-Car Association System.
  7. If the Renter should pay a fine or other fees relating to a parking violation in accordance with the provisions of paragraph 1 and when such Renter does not respond to the Company's instructions to handle the violation pursuant to paragraph 2 or the Company's request to sign the acknowledgement letter provided in paragraph 2, the Company shall demand parking violation fees prescribed separately (hereinafter referred to as the "Parking Violation Fee") to the Renter, and shall appropriate such fee to the parking fine prescribed in paragraph 5 and the Parking violation penalty fee.
  8. Notwithstanding the provisions of paragraph 6, when the Company has received the Parking Violation Fee and the full amount of the expenses prescribed in item 3 of the paragraph 5, the Company shall take the procedure to delete the data registered in the National Rent-a-Car Association System provided in paragraph 6.
  9. If the Renter has paid the Company the amount demanded by the Company pursuant to paragraph 5, and when the order to pay the parking penalty fee has been revoked due to the Renter paying the fine relating to such parking violation in arrears or the institution of public action, and the Company receives a refund of the parking fine, the Company shall only refund to the Renter the amount equivalent to the parking fine from among the Expenses Related to the Parking Violation which have already been paid to the Company. The same shall apply if the Company had received the parking fine from the Renter pursuant to paragraph 7.
  10. If information has been registered in the National Rent-a-Car Association System in accordance with the provisions of paragraph 6, and when the order to pay the parking fine has been revoked due to the fine having been paid, etc. or the amount demanded by the Company in accordance with the provisions of paragraph 5 has been paid to the Company in full, the Company shall take the procedure to delete data registered in the National Rent-a-Car Association System.

Chapter 6 Accidents, Theft or Other Causes

Article 28 (Accidents)

  1. In the event that the Rental Car is involved in any accident during the rental term, the Renter shall stop driving the Rental Car immediately and take the measures required by the laws and regulations as well as the following actions, irrespective of the seriousness of the accident.
    1. To immediately report to the police and the Company on the situation of the accident regardless of where responsibility lies.
      *If the Rental Car is involved in any accident outside office hours of the Company, the Renter shall report to the Company within 2 hours upon the opening of the next business day.
    2. To cooperate with the Company and the insurance companies under contract to the Company in the investigation of the accident, and submit all documents or evidence requested by the Company and the insurance companies without delay.
    3. To obtain the consent of the Company before reaching a settlement or other agreement with the third party involved in the accident.
    4. If the Rental Car needs repaired, repair should be performed at the Company or at the repair shop designated by the Company unless that the Company agrees there is a particular reason.
  2. The Renter shall take a measure prescribed in the preceding paragraph, and shall handle and settle the accident on his/her own responsibility.
  3. The Company shall give advice to the Renter regarding the handling of the accident, and shall cooperate in settling the accident.
  4. Except in cases that the Company judges clearly that an accident is not the fault of the Renter, the Renter shall pay non-operation charge and other additional charges prescribed in paragraph 2 of Article 31 to the Company at the date of return stated on the Rental Agreement executed based on Article 7, or the return date that the Company agreed to extend the rental term. In case the Rental Car is unable to be driven, the Renter shall pay within 3 days of returning the Rental Car stated on the Rental Agreement executed based on Article 7, or the return date that the Company agreed to extend the rental term. However, if the accident case is settled finding the Renter not at fault at a later date, the Company shall refund the paid charges.
  5. When the Rental Car is involved in any accident, the company may terminate the rental at the point by the judgment of the Company. In such a case, the Company shall not refund any rental fee or cash, etc. to the Renter.
  6. If the rental term is extended without the consent of the Company, without contacting the Company and police, or there is a violation of the Rental Agreement, the Renter shall bear the total amount of accident damage compensation and indemnification.

Article 29 (Theft)

  1. If the Rental Car is stolen during the period of use, the Renter shall take the measures prescribed as follows.
    1. To immediately report to the nearest police.
    2. To immediately notify the Company of the damage conditions and follow the instructions given by the Company.
      *If the Rental Car is stolen outside the business hours of the Company, the Renter shall report the conditions to the road service exclusive to the Company.
    3. To cooperate with the Company and the insurance companies under contract to the Company in the investigation of the theft and other damages, and submit all documents or evidence requested by the Company and the insurance companies without delay.

Article 30 (Termination of the Rental Agreement due to breakdown or other trouble)

  1. In the event that the Rental Car becomes unusable due to breakdowns, an accident, theft, or any other cause (hereinafter referred to as "breakdown or other trouble") during the rental term, the Rental Agreement shall terminate.
  2. In case of the preceding paragraph, the Renter or the Driver shall bear the costs for collection and repair, etc of the Rental Car, and the Company shall not return the rental fee received except where the breakdown or other trouble comes under following paragraph or paragraph 5.
  3. In the event that the Rental Car has been defective due to any cause existing prior to its delivery to the Renter, the new Rental Agreement shall be deemed to have been executed, provided that the Renter may be offered to rent the Substitute. Further, Article 10 shall apply to the Renting Conditions of the Substitute.
  4. In the event that the Renter chooses not to accept a Substitute as stated in the preceding paragraph, the Company shall refund to the Renter the received rental fee in full. The same shall apply in the event that the Company is unable to offer a Substitute.
  5. In the event that the breakdown or other trouble arises from causes not attributed to either of the Renter, the Driver, and the Company, the Company shall refund to the Renter the rental fee received deducting a portion of the Rental fee which corresponds to the rental period from the commencement of rental to the termination of rental.
  6. Except for the measure set forth in this Article, the Renter or the Driver shall make no other claims to the Company with respect to the damage arising out of the breakdown or other trouble of the Rental Car, for any reason whatsoever.

Chapter 7 Indemnification and Compensation

Article 31 (Indemnification and Compensation for Business)

  1. In the event that the Renter causes damage to a third party or the Company during the period of use, the Renter shall be liable for compensation for such damage except for damages due to reasons not attributable to the Renter.
  2. Among the damages to the Company as stated under the preceding paragraph, damages that make the Rental Car unusable for the Company such as accident, theft, breakdown due to reasons attributable to the Renter or the Driver, defacement of the Rental Car, or odors or other reasons, the Renter will be responsible for paying the notified amount on the check sheet corresponding to the type of the Rental Car as the compensation for the loss of use as non-operation charge for the period necessary to repair (non-operation charge). If the Company did not notify the damage compensation amount at the commencement of rental, the Renter shall pay the lowest amount of damage compensation among the following cases. The Payment of such damage compensation shall be made on the return day of the Rental Agreement executed based on Article 7 or the extended return date which the Company had approved. If the Rental Car is able to be driven, payment shall be made on the return day of the Rental Agreement executed based on Article 7 or within 3 days from the extended return day which the Company had approved.
    1. In case the Rental Car is able to be driven 30,000 yen 40,000 yen 50,000 yen
    2. In case the Rental Car is unable to be driven 60,000 yen 80,000 yen 100,000 yen
  3. If the Renter refuses to pay or the payment deadline has elapsed for damage compensation from the Company, the Company shall execute the claim with regular mail, content-certified mail, or make a claim by phone call, etc.. Furthermore, the claim shall be executed through the summary court and other agencies if deemed necessary by the Company. In such a case, the Renter is responsible to pay 100,000 yen as a processing fee in addition to the damage compensation fee.

Article 32 (Insurance)

  1. In the event that the Renter is liable as stipulated in Article 1 of the preceding Article, insurance payment shall be paid in accordance with the accident insurance contract which the Company has executed with the insurance company with regard to the Rental Car but not exceeding the following limits. However, the insurance payment shall not be paid if the case falls under indemnity conditions of those insurance provisions. Indemnity amount is the amount notified by the Company with the check sheet corresponding to the type of the Rental Car among the following amounts at the commencement of rental. If the Company did not notify the amount at the commencement of rental, indemnity amount shall be the lowest amount stated below.
    ・ Compensation for personal damage Unlimited/per person (Including Automobile Liability Insurance Policy)
    ・ Compensation for property damage Unlimited/per accident (Amount of indemnity 50,000 yen)
    ・ Compensation for vehicle damage Market value/per Accident (Amount of indemnity: 50,000 yen, 80,000 yen, 100,000 yen)
    ・ Compensation for passenger injury Death 10 million yen/ amount limit per person
    ・ After effects of the accident 10 million yen/amount limit per person
    ・ Hospitalization 7,500yen/per Maximum 180 days after the accident
    ・ Hospital visit 5,000yen/per Maximum 180 days after the accident
  2. The Renter shall bear damages for which insurance payment is not granted, or damages in excess of such insurance payment as payable under the preceding paragraph.
  3. If the Company has paid the damages to be born by the Renter, the Renter shall immediately return such an amount to the Company.
  4. The Renter shall bear damages for which insurance payment is not granted, or damages in excess of such insurance payment as payable under the paragraph 1. However, if the Renter paid the deductible compensation amount to the Company in advance, the Company shall pay for the damage relevant to the amount of indemnity of such insurance amount only in the first accident case. If the Renter received the insurance payment prescribed in the paragraph 1 and paid for the deductible compensation amount, the renter is responsible to pay non operation charges as stipulated under paragraph 2 of the preceding Article.
  5. The amount equivalent to the insurance premium under the accident insurance agreement prescribed in paragraph 1 shall be included in the rental fee.
  6. The repair cost of damage to the Rental Car accessories, flat or blown tires is not covered by insurance or deductible compensation. Thus The Renter is responsible for these costs.
  7. If the Renter falls under any of the following cases, insurance and this deductible compensation are not applied to any damages related to the Rental Car.
    1. An accident that occurred when the period of rental is extended without obtaining a consent of the Company.
    2. An accident not reported to police and the Company, and an accident that falls under the escape clause of the accident insurance provision prescribed under the Article 28 such as not reporting to police and the Company or other.
    3. An accident that occurred corresponding to Article 9 and each item of Article 18 by the Renter after the vehicle is rented.
    4. An accident that is in the violation of the insurance provisions prescribed by the Company enrolled insurance company or the Terms and Conditions and compensation conditions.
    5. Theft incurred due to the failure in handling the Rental Car such as parking the Rental Car while leaving the key in the car or leaving the door unlocked, damage incurred due to parking violation, defacement of the interior equipment, loss of vehicle equipment, vehicle damages due to improper use, damage by equipping chains or carriers, damages due to the pulling and pushing with other vehicles.
    6. Other cases within these range

Chapter 8 Termination

Article 33 (Termination of the Membership Agreement)

  1. When the Renter violates the Terms and Conditions during the rental period, the Company may terminate the Rental Agreement without any notification or advice and immediately take away the Membership, and demand that the Renter return the Rental Car.
  2. If the Renter does not respond to demands to return the Rental Car provided in the preceding paragraph, the Company may take away the Rental Car without the Renter's consent, and the Renter is liable for towing expenses.
  3. In the case of the preceding paragraph, the Company shall not return the Rental fee received from the Renter.

Article 34 (Termination during the Period of Use)

  1. The Renter may terminate the Rental Agreement, even during the period of use of the Rental Car, upon obtaining the consent of the Company.
  2. In the case outlined in the preceding paragraph, the Company shall return to the Renter the net amount of the rental charge after deducting the cancellation fee and the balance corresponding to the rental period from the commencement of rental to the termination of the Rental Agreement.
  3. When the Renter cancels the rental as set forth in paragraph1, the Renter shall pay to the Company the following cancel fee:
    Cancel Fee = [( Basic charge corresponding to the total rental period ) minus (Basic charge corresponding to the rental period from the commencement of rental to the termination of the rental)] x 50%

Chapter 9 Miscellaneous

Article 35 (Agreement for Use of Personal Information)

  1. The Renter shall agree to the Company's use of the personal information of the Renter for the following purposes:
    1. For the purpose of performing the legally required particulars, including but not limited to, preparing the Rental Car Certificate at the time of the execution of the Rental Agreement, as an authorized operator of the vehicle renting business.
    2. For the purpose of offering the Rental Car, the leasing car or related services to the Renter.
    3. For the purpose of identifying or screening the Renter.
    4. For the purpose of gathering information of the prize winner of campaign and other, selecting the winner , and sending the prize.
    5. For the purpose of registering the information of email, etc., distributing mail magazine and the Member's information, and the use of the contents.
  2. The Company shall not release personal information to a third party unless consent has been obtained from the Renter. However, the following cases are exceptions.
    1. When it is based on laws and regulations.
    2. Cases in which it is necessary for protection of human life or property, but it is difficult to obtain the consent of the subject.
    3. Cases in which it is particularly necessary for the improvement of public health or promotion of children's healthy development, but it is difficult to obtain consent from the subject.
    4. Cases in which it is necessary for cooperating with a state organ, a local government, or an individual entrusted by either of the former two in executing the affairs prescribed by laws and regulations and in which obtaining the consent of the person is likely to impede the execution of the affairs concerned.
  3. To analyze the use of this website, the Company may outsource the handling of personal information to the extent necessary. When a part of the processing operation is outsourced, the Company shall select the business, which fully satisfy the security standard on handling personal information, supervise them and pay due consideration to the close attention to the guidance. After the completion of the operation, the Company shall surely confirm the return or deletion of the entrusted information.
  4. The Renter shall agree to provide personal information of the Renter or the driver to a third party within the following scope. However, the Renter may request the Company to stop the provision to the said third party.
    Content of the information to be provided: Information related to Car type of the Rental Car, purpose and the starting date and time of the rental, and personal information such as the name and address of the Renter or the driver.

Article 36 (GPS system)

The Renter or the driver acknowledges that the Company records the current location and the traffic routes of the Rental Car on the company's designated system by the global positioning system (hereinafter referred to as "GPS system") equipped on some of the Company's vehicles, and use such records under the below stated conditions without any objections.

a. When required by law, government agencies or other organization.

b. For the purpose of offering better products and services to the Renter and the driver, or to use for marketing analysis to better serve the Renter, the driver and other customers.

c. When the case falls under or possibly falls under Paragraph 1 of Article 25, and when the company judged that it is necessary to know the current location or the traffic route by using the GPS system.

Article 37 (Rental Agent)

Under the Terms and Conditions, the Company entrusts the Agents to handle the rental of the Rental Car on behalf of the Company keeping the Company as the owner of the Rental Car. The same shall apply when the Agents are renting the Rental Car to the Renter.

Article 38 (Offsetting)

When the Company bears monetary obligations to the Renter pursuant to this Terms and Conditions, the Company may, at any time, offset such monetary obligations with the monetary obligations the Renter bears to the Company.

Article 39 (Consumption Tax, Local consumption tax)

The Renter shall pay to the Company the consumption tax and the local consumption tax, imposed on the rental transaction under the Terms and Conditions.

Article 40 (Late payment charge)

  1. In the event that rental fees or other monetary obligations are not paid despite the payment due date having passed, the Renter shall immediately pay a late payment charge at a rate of 14.6% per annum for the number of days from the day immediately following the payment due date until the day on which payment is made, together with rental fees and other unpaid amounts.
  2. The Renter shall be responsible for all transfer fees and other expenses necessary for the payment provided in the preceding paragraph.

Article 41(Terms and Conditions in Japanese and in English)

In the event of any discrepancy of the Terms and Conditions between the Japanese version and the English translation, the Japanese version shall prevail.

Article 42(Revision of the Terms and Conditions and other)

  1. The Company may revise the Terms and Conditions without preliminary notice.
  2. When the Company revises the Terms and Conditions or prescribes the subsidiary rules separately, the Company shall post them on the notice boards of its rental offices and make them public in the brochures, the price list or the website of the company.

Article 43 (Agreement on the Competent Court)

Should disputes arise with regard to the rights and obligations on the Terms and Conditions and the Rental Agreement, the competent court shall be the Summary Court having territorial jurisdiction over the main office, branch office or any business office of the Company, regardless of the sued damages in controversy.

Article 44 (Delivery and Pick-Up)

Regarding delivery and pick-up of the Rental Car, the Company shall not bear responsibility for delay of up to 1 hour from the designated preferred time of delivery or pick-up due to the delay or congestion of public transportation and general roads (including toll roads). If the delay is more than 1 hour, the Company shall refund to the Renter the delivery/pick-up fee.

Article 45 (Refusal to Supply Drivers)

Unless permitted in laws and regulations, the Renter may not accept the supply of drivers (including introduction to or mediation on behalf of drivers) from the Company which accompanies the rent of the vehicle.

Supplementary Provisions The Terms and Conditions shall be effective as from September 1, 2015