Article 1 Application of the Terms and Conditions for Rental
The company leases the rental car (hereinafter referred to as the rental car) to the renter in accordance with the terms and conditions (the terms of the lease and the contents of the rental guide mentioned below). For matters not stated in the terms and conditions, they will be handled in accordance with the laws & regulations and the general customs in Japan.
The company allows the establishment of special contract as long as it is within the scope of laws & regulations and customs in Japan with no violation of the terms and conditions. Priority is given when there is special contract.
CHAPTER 2 RESERVATIONS
Article 2 Making Reservations
Upon reservation, the renter agrees to the lease terms & conditions and rental fees set by the company, renting the vehicle by the method specified by the company. The renter has to indicate the required car class, purpose of usage, rental period, rental location, return location, driver, child safety seat, other optional equipment and other rental conditions in advance (hereinafter referred to as [lease conditions]) before making the reservation.
The Company shall comply, in principle, with the particulars to the extent that the Rental Vehicle is available for such rental, upon receipt of the reservation from the Renter, provided that the Renter shall pay a separately stipulated reservation deposit unless the Company agrees otherwise.
Article 3 Changes in Renting Conditions Made at the Time of Reservation
In the event that the Renter desires to change any of the Renting Conditions as described under Article 2.1, the Renter shall obtain the consent of the Company in advance.
Article 4 Cancellations of the Reservations, etc.
The Renter can cancel the reservation by the method provided separately.
The reservation shall be deemed to have been cancelled when the Renter does not execute a rental agreement of renting a Rental Vehicle (hereinafter referred to as “Rental Agreement”) within one hour from the reserved commencement time of rental for based on Renter’s own reasons.
In the event of Articles 4.1 and 4.2, the Renter shall pay a cancellation fee to the Company as separately stipulated. The Company shall return any reservation deposit, received from the Renter provided that the Company has received a cancellation fee.
The Company shall return the reservation deposit received from the Renter, when the Company is the party who cancels the reservation or does not execute the Rental Agreement.
The reservation shall be deemed as cancelled when the Rental Agreement is not executed as a result of any occurrences of an accident, theft, non-return, a recall of the anticipated Rental Vehicle, or a natural disaster which is beyond the reasonable control of the Renter or the Company. The Company shall return to the Renter the reservation deposit received.
Article 5 Substitute for the Rental Vehicle
The company reserves the rights to rent out another car class under different terms & conditions (hereinafter referred to as an alternative vehicle) if the car class reserved by the renter is not available.
When the Renter accepts such an offer as provided in Article 5.1, the Company shall rent the Substitute under the same Renting Conditions, except for a class of rental vehicles, offered at the time of reservation, provided, however, that when the rental charge (hereinafter referred to as “Rental Charge”) for the Substitute is higher than that of the vehicle class as reserved, the latter shall apply and when the Rental Charge for the Substitute is lower than that of the vehicle class as reserved the former shall apply.
The Renter may refuse to receive the Substitute offered in accordance with Article 5.1 and may cancel the reservation.
In the event the Company fails to rent the Rental Vehicle under Article 5.3 and if those causes as described under Article 5.1 are attributed to the Company, ,the Company shall not only return to the Renter the reservation deposit received but also pay a penalty as separately stipulated, as the cancellation in Article 4.4.
In the case of paragraph 3, if paragraph 1 cannot be executed due to accident, theft, no return of the car, delay of car return by the borrower, natural disaster, or other reason not attributable to the company, the company shall treat it as rescission of the reservation stated in Article 4, paragraph 5 and shall refund the reservation charges received.
Article 6 Exemption
Except as otherwise stated in Articles 4 and 5, the Company
and the Renter shall make no claims whatsoever to each other, with respect to canceling of reservations and non-execution of the Rental Agreement.
Article 7 Agency for the Reservations
The Renter may make reservations through the travel agents or the business partners (hereinafter referred to as “Agents”), which handle reservations and represent the Company.
The Renter who has made reservations through the Agents as described under Article 7.1 may change or cancel such reservations only through the said Agents regardless of Articles 3 and 4.
CHAPTER 3 RENTALS
Article 8 Execution of the Rental Agreement
Upon signing the lease contract, the renter has to indicate the required information stipulated in Article 2, paragraph 1 and the company has to indicate the lease conditions with this terms & conditions, detailed regulations, and rental prices, etc. However, exclude the following situations, in the event the company doesn’t have vehicles for lease, or the renter/driver comes under Article 9, paragraph 1 or paragraph 2, or the renter disagrees to provide required information related to this Article, paragraph 5 and other rental contract.
Upon the execution of the Rental Agreement the Renter shall pay to the Company the Rental Charge, as set forth in Article 11.1. When using a discount ticket and the coupon which published by the Agents, etc. (herein after referred to as “Coupon”), the Renter shall present or submit the Coupon to the Company at the time of excution of the Rental Agreement.
Upon signing the rental contract, the renter is obliged to pay for the company’s compulsory Collison Damage Waiver and Safety Pack Plan (Basic Plan, Premium Plan, VIP Premium Plan) as per the contract.
Regardless of any factor, the renter will not be allowed to add or remove the compulsory Collison Damage Waiver and the Safety Pack Plan (Basic Plan, Premium Plan, VIP Premium Plan) after the rental contract is signed.
Based on the Basic Instructions issued by the governing agency (*1), because the Company has an obligation to make an entry of the name and address of the driver and type and number of the driver’s license (*2) of the driver in the rental transaction register (hereinafter referred to as “Original Rental Sheet”) and also in the rental vehicle certificate in accordance with the provisions of Article 14.1 the Company requires the Renter at the time of the execution of the Rental Agreement to present to the Company the driver’s license as well as a photocopy of the driver’s license of the driver(s) designated by the Renter (hereinafter referred as the Driver). When the Renter himself/herself is the Driver of the Rental Vehicle, the Renter shall present to the Company the driver’s license of his/her own as well as a photocopy of the driver’s license, while if the Renter himself/herself is not the Driver of the Rental Vehicle, the Driver shall present to the Company the driver’s license of his/her own as well as a photocopy of the driver’s license.
(*1) The Basic Instructions issued by the governing agency refers to Article 2(10) and 2(11)of “The Basic Instruction concerning Rental Vehicles” issued by Director of the Automobile Traffic Bureau, the Ministry of Land, Infrastructure and Transport on June 13, 1995 as Ji-Ryo No.138.
(*2) The driver’s license means a driver’s license as stipulated by Form 14 of Article 19 of Execution Rules for the Road Traffic Law which is issued in accordance with Article 92 of the Road Traffic Law. Additionally, international driver’s license or foreign driver’s license as stipulated under Article 107.2 of the Road Traffic Law, shall apply mutatis mutandis to the driver’s license.
The Company, at the time of the execution of the Rental Agreement, may ask the Renter and/or the Driver to present to the Company other documents for identification in addition to the driver’s license thereof, and the Company may make photocopies of such documents thereof.
The Company, at the time of the execution of the Rental Agreement, may ask the Renter and/or the Driver to report his/her mobile phone number or other means of contact so as to communicate with the Renter or the Driver during the rental period.
In the final step of leasing contract, the renter can make payment by cash or credit card, or other specified payment methods under paragraph 2.
Article 9 Refusal to Execute the Rental Agreement
In the event that the Renter or the Driver comes under any of the provisions set forth below, the Rental Agreement shall not be executed.
When the acceptable driver’s license required to operate the Rental Vehicle is not presented to the Company.
When the Renter or the Driver is under the influence of alcohol.
When the Renter or the Driver presents toxic symptoms due to narcotics, stimulant drugs, thinner, etc.
When the Renter or the Driver intends to accompany children under the age of 6 notwithstanding the fact the Renter or the Driver fails to install a child seat in the Rental Vehicle.
When the Company judges that the Renter or the Driver is a member of the crime syndicate or the crime syndicate-related organization, or associated therewith, or a member of other antisocial organizations.
In the event that the Renter or the Driver comes under any of the provisions set forth below, the Company shall reserve the right to refuse to execute the Rental Agreement.
When a third party other than the Driver, designated at the time of reservation tries to drive the Rental Vehicle.
When the Renter or the Driver let the Rental Charge fall into arrears in the past.
When the Renter or the Driver acted in contravention of Article 17 in the past.
When the Renter or the Driver acted in contravention of Article 18.7 or Article 23.1 in the past including for car rentals from other companies.
When the Renter or the Driver had automobile insurance coverage refused due to the violation of the terms and conditions for rental or the insurance provisions.
When the Renter or the Driver does not meet all the conditions as separately prescribed.
The Company refuses to execute the Rental Agreement and cancel the Reservations under any of the provisions in Articles 9.1, 9.2, and the following.
In case that there is no Rental Vehicle that the Company may lease to the Renter.
In case that the Renter or the Driver makes child less than 6 years old get into the Rental Vehicle without a child seat.
Article 10 Formation of the Rental Agreement, etc.
The Rental Agreement shall come into effect when the Renter pays the Rental Charge to the Company and the Company delivers the Rental Vehicle to the Renter or the Driver. In this case, the reservation deposit received shall be allotted as part of the Rental Charge.
The delivery as described under Article 10.1 shall take place at the commencement date and time as specified in Article 2.1 and at the renting place as specified in Article 2.1.
Article 11 Rental Charge
The Rental Charge means the total amount of the following charges.
Basic rental charge
Charge of C.D.W.
Charge of special equipment
Drop-off charge
Fuel charge
Delivery / collection charge
Basic Plan charge
Premium Plan charge
VIP Premium Plan charge (only applicable in Okinawa branches※ Rinku-Toyosaki branch, Akamine Corporate branch, Tomarin branch, DFS branch, Akamine branch, Miyako airport branch, Shin-Ishigaki airport branch. Only entitled to foreign visitors to Japan)
Other charges
The basic Rental 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 · iDirector 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 in Article 14.1 hereunder, and which is implemented at the time of rental.
When the Rental Charge is changed after the reservation has been made in accordance with Article 2, the Rental Charge shall be determined based on a comparison between the Rental Charge applied at the time of reservation and the Rental Charge applied at the time of rental and whichever lower shall apply.
Article 12 Changes in Renting Conditions
When the Renter desires to change the Renting Conditions as set forth in Article 8.1 after the execution of the Rental Agreement, the Renter shall obtain the consent of the Company beforehand.
The Company may not consent to changes in Renting Conditions as described under Article 12.1 if such changes interfere with the Company’s day-to-day renting operations.
Article 13 Inspection and Maintenance of the Rental Vehicle
The Company shall rent the Rental Vehicle after conducting necessary periodic inspection and maintenance as stipulated in Article 48 of the Road Transport Vehicle Law (Periodic Inspection and Maintenance).
The Company shall conduct necessary inspection and maintenance as stipulated in Article 47.2 of the Road Transport Vehicle Law (Daily Inspection and Maintenance).
The Renter or the Driver shall confirm that the Rental Vehicle has been duly inspected and maintained under Articles 13.1 and 13.2 and ensure that the Rental Vehicle is free from defects by inspection of the exterior and the accessories of the Rental Vehicle, and also that the Rental Vehicle meets the Renting Conditions.
In the event that any defects are detected in the Rental Vehicle upon the checkup under Article 13.3, the Company shall immediately perform necessary repairs and maintenance.
The Renter or the Driver shall properly install a child seat on the Renter or the Driver’s own responsibility. The company assumes no responsibility for the installation of the child seat.
Article 14 Issuance and Carrying of the Rental Vehicle Certificate, etc.
At the time of delivery of the Rental Vehicle, the Company shall issue to the Renter or the Driver a designated certificate of rental vehicle (hereinafter referred to as “Rental Vehicle Certificate”) stating items set forth by the Director-General of the District Transport Bureau.
The Renter or the Driver shall carry the Rental Vehicle Certificate issued in accordance with Article 14.1 during the period of use of the Rental Vehicle.
The Renter or the Driver shall immediately notify the Company when the Renter or the Driver loses the Rental Vehicle Certificate.
The Renter or the Driver shall return the Rental Vehicle Certificate to the Company upon return of the Rental Vehicle.
CHAPTER 4 USE OF THE RENTAL VEHICLE
Article 15 Managerial Responsibilities of the Renter or the Driver
The Renter and/or the Driver shall observe the duties with the care of a good custodian in operating and maintaining the Rental Vehicle, during the rental period from the delivery to the return of the Rental Vehicle to the Company (hereinafter referred to as “during the period of use of the Rental Vehicle”).
Article 16 Daily Inspections and Maintenance
The Renter or the Driver shall conduct necessary daily inspection and maintenance of the Rental Vehicle before use as set forth in Article 47.2 of the Road Transport Vehicle Law (Daily Inspection and Maintenance).
Article 17 Prohibited Acts
The Renter or the Driver shall be prohibited from any of the following acts during the rental period.
To use the Rental Vehicle 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.
To use the Rental Vehicle for purposes other than those specified, or to let a third party other than the Driver specified on the Rental Vehicle Certificate under Article 8.5 drive the Rental Vehicle.
To sublet the Rental Vehicle or to deposit it for security or any other acts which would infringe on the rights reserved by the Company.
To change the original form of the Rental Vehicle by falsification or defacement of its automobile registration number plate or license number plate, or by rebuilding or redesigning of the Rental Vehicle.
To use the Rental Vehicle for any kind of test or competition, or for towing or pushing any other vehicle without obtaining the consent of the Company.
To use the Rental Vehicle in violation of the laws or against public order and standards of decency.
To subscribe to damage insurance for the Rental Vehicle without obtaining the consent of the Company.
To take the Rental Vehicle out of the territory of Japan.
To act in violation of the Renting Conditions and the related laws.
Article 18 Measures in Case of Illegal Parking, Etc.
When the Renter or the Driver parks the Rental Vehicle in violation of the Road Traffic Law during the period of use of the Rental Vehicle, the Renter or the Driver shall pay violation charges, as well as the charges of towage, storage and others in connection with such illegal parking.
In the event that police notifies the Company of the Renter’s or the Driver’s illegal parking of the Rental Vehicle, the Company shall contact the Renter or the Driver, instructing the Renter or the Driver to move the Rental Vehicle without delay and also to appear at the police station at the expiration of the Rental Agreement or by specific time instructed by the Company for completion of the legally required procedure. Then the Renter or the Driver shall comply with such instructions given by the Company. When police tows the Rental Vehicle, the Company may collect the Rental Vehicle from police on its own judgment.
The Company may inquire into the status of the legally required procedure by the Renter or the Driver on its own judgment after giving the instructions to the Renter or the Driver in accordance with Article 18.2 by checking the traffic violation notice, payment notice or the receipt of a penalty or other charges. If the Renter or the Driver fails to complete the legally required procedure, the Company shall continue to give instructions in accordance with Article 18.2 to the Renter or the Driver until the Renter or the Driver pay in full such fines and other charges. Furthermore, the Company shall require the Renter or the Driver to sign a specific document (hereinafter referred to as "Acknowledgement Letter") to the effect that the Renter or the Driver admit having illegally parked the Rental Vehicle, that the Renter or the Driver shall appear at the police station and that the Renter or the Driver shall act in compliance with the related laws and regulations. The Renter or the Driver shall comply accordingly.
The Company shall cooperate with police in pursuit of the responsibility of the Renter or the Driver in connection with the illegal parking, taking such action as the Company deems necessary or appropriate. The Company shall submit to police documents containing personal information, including, but not limited to, the Acknowledgement Letter, a copy of the Rental Vehicle Certificate and other documents as necessary,. The Company shall also take necessary legal measures by submitting to Public Safety Commission documents containing personal information, including, but not limited to, a letter of explanation, the Acknowledgement Letter, a copy of the Rental Vehicle Certificate and other documents as necessary in accordance with Article 51.4.(6) of the Road Traffic Law and reporting to Public Safety Commission factual aspects of the illegal parking. The Renter or the Driver shall consent to such actions the Company may take.
In the event that the Company receives an order for payment of a violation charge of the illegal parking in accordance with Article 51.4.(1) of the Road Traffic Law and pays such penalty of the illegal parking on behalf of the Renter or Driver, or that the Company pays for the search for the Renter or the Driver as well as the collection of the Rental Vehicle, the Renter or the Driver shall bear the responsibility to compensate to the Company for the amount of such penalty of the illegal parking and costs born by the Company. The Renter or the Driver shall make such payment to the Company on or before the due date designated by the Company following below.
A equivalent violation charge of the illegal parking.
A violation charge of the illegal parking as otherwise required by the Company.
The charge of the search for the Renter or moving the Rental Vehicle, storage, and the collection of the Rental Vehicle.
In the event that the Renter or the driver shall pay the violation charges of the illegal parking in accordance with Article 18.3 or 18.5 to the Company, the payment order of the violation charges are dissolved since the Renter or the Driver shall pay violation charges or be performed institution of prosecution. In the event that the unpaid charges of the search for the Renter, etc. remain from the refunded violation charges of the illegal parking from the Renter or the Driver, the Company refunds deducted amount for the unpaid charges to the Renter or the Driver.
Either in the event that the Company receives an order for payment of a violation charge for the illegal parking in accordance with Article 18.5 or in the event that the Renter or the Driver fail to make such payment to the Company on or before the due date designated by the Company in accordance with Article 18.5, the Company shall send to All-Japan Rent-A-Car Association a report of non-payment of the illegal parking penalty in connection with the illegal parking committed by the Renter or the Driver and the Company may take such other action the Company deems as appropriate.
In the event of illegal parking in a private property (places other than designated parking areas), OTS Rent-a-car have the right to move the vehicle by means of duplicate keys, tow, etc. even without the renter’s acknowledgement. The renter shall be responsible for paying violation charges, vehicle movement, storage and others in connection with such illegal parking.
CHAPTER 5 RETURN OF THE RENTAL VEHICLE
Article 19 Responsibility of the Renter or the Driver for the Return of the Rental Vehicle.
The Renter or the Driver shall return to the Company the Rental Vehicle at the specified returning place at or before the termination of the rental period.
The Renter or the Driver shall indemnify the Company for all the damage the Renter or the Driver caused to the Company if the Renter or the Driver is in violation of Article 19.1.
In the event that the Renter or the Driver fails to return the Rental Vehicle during the Rental period due to a natural disaster or any other force majeure, the Renter or the Driver shall not be liable for the damages arising from such cause. In this case, the Renter or the Driver shall immediately contact the Company and follow the instructions given by the Company.
Article 20 Check of the Rental Vehicle at the Time of Return, etc.
The Renter or the Driver shall return the Rental Vehicle in the same conditions as confirmed at the commencement of rental, except for ordinary wear and tear of the Rental Vehicle arising from the normal use, in the presence of a representative of the Company.
The Renter or the Driver, at the time of return of the Rental Vehicle, shall confirm that no articles belonging to the Renter or the Driver or passenger(s) have been left behind in the Rental Vehicle. The Company shall bear no responsibility for the storage of such articles after the completion of return of the Rental Vehicle.
In the event that the Renter or the Driver may have unsettled Rental Charge, etc., the Renter or the Driver may complete such settlements until returning of the Rental Vehicle.
In the event that the Renter fail to refill the Rental Vehicle up with gasoline or light diesel oil, etc. (i.e.,not fill up the thank) at the time of returning the Rental Vehicle except for Article 20.3, the Renter may pay a fuel charge based on the list of charges to the Company.
Article 21 Rental Charge corresponds when changing the rental period.
When the Renter or the Driver change the rental period in accordance with Article 12.1, the Renter or the Driver shall pay the Rental Charge corresponding to the total rental period, including the originally specified rental period.
Article 22 Returning Place of the Rental Vehicle, etc.
When the Renter or the Driver change the returning place in accordance with Article 12.1, the Renter or the Driver shall bear the expenses required for forwarding the Rental Vehicle due to a change of the returning place.
In the event that the Renter or the Driver return the Rental Vehicle to any place other than the specified returning place without the consent of the Company under Article 12.1, the Renter or the Driver shall pay the penalty for changing the returning place as follows:
Penalty = Expenses required for forwarding the Rental Vehicle due to the change of the returning place x 200%.
Article 23 Measures in Case of Non-Return of the Rental Vehicle
In the event that the Renter or the Driver does not return the Rental Vehicle to the specified returning place after the expiration of the rental period, and if the Renter and the Driver fails to comply with the Company’s request for return, or the whereabouts of the Renter or the Driver are not known to the Company, or when due to other circumstances the Company judges that the Rental Vehicle is "non-returnable", the Company may take all possible legal measures, including, but not limited to, filing a criminal suit against the Renter or the Driver, and additionally may report such fact of non-return to All-Japan Rent-A-Car Association.
In case of non-return of the Rental Vehicle as provided in Article 23.1, the Company shall take all necessary measures to locate the said vehicle, including but not limited to, contacting families and relatives of the Renter or the Driver, as well as people in the offices where the Renter or the Driver works, or seeking the operation of GPS.
In case of non-return of the Rental Vehicle as set forth in Article 23.1, the Renter or the Driver shall be liable for all the damages to the Company as set forth in Article 28 and, additionally, shall bear all the expenses the Company may have to incur for the collection of the Rental Vehicle and for the search of whereabouts of the Renter or the Driver.
If the conditions are met under paragraph 1, the company has the right to cancel the reservation.
In the event that the rental car is found under paragraph 1, the vehicle shall be seized by the company based on its discretion. In addition, the company shall assume no responsibility of storing any items left in the vehicle.
CHAPTER 6 MEASURES IN CASE OF BREAKDOWNS, ACCIDENTS, THEFT OR OTHER CAUSES
Article 24 Measures in Case of Breakdowns
When the Renter or the Driver detects any abnormality or breakdown of the Rental Vehicle, during the period of use of the Rental Vehicle, the Renter or the Driver shall immediately discontinue the operation and contact the Company and at the same time follow the instructions given by the Company.
Article 25 Measures in Case of Accidents
In the event that the Rental Vehicle is involved in any accident during the period of use of the Rental Vehicle, the Renter or the Driver shall stop driving the Rental Vehicle immediately and take the measures required by the laws and regulations as well as the following actions, regardless of whether the accident is serious or not
To immediately report to the Company on the situation of the accident and follow the instructions given by the Company.
If the Rental Vehicle requires repair(s) based on instructions given by the Company as provided under Article 25.1.(1), such repair should be performed at the Company or at the repair shop designated by the Company unless that the Company agrees otherwise.
To cooperate with the Company and the insurance company, with which the Company has entered into a contract, in doing their research and submit to the Company and the insurance company, without delay, the documents and evidence concerning the accident requested by the Company and the insurance company.
To obtain the consent of the Company in advance of making a settlement or coming to any other agreement with any other party involved concerning the accident.
Subject to the measures stipulated in Article 25.1, the Renter or the Driver shall deal with the accident and resolve the matter on his/her own responsibility.
The Company shall furnish the Renter or the Driver with advice on the accident and ways to handle of the matter, and cooperate with the Renter or the Driver to reach its resolution.
Our rental cars are mounted with in-vehicle event data recorder for the purpose of visual records to check the situation at the time of accident accurrence (car impact collision, sudden brake, etc.).
If required, we shall take necessary measures such as verifying the visual data record mentioned in the preceding paragraph.
Article 26 Measures in Case of Theft
When the Renter or the Driver shall take the following measures in the event that the Renter or the Driver is involved in theft or other damage during the period of use of the Rental Vehicle.
To immediately report to the nearest police station.
To immediately notify the Company of the situation and follow the instructions given by the Company.
To cooperate with the Company and the insurance company, with which the Company has entered into a contract, in doing their research and submit to the Company and the insurance company, without delay, the documents and evidence concerning the theft or other damage requested by the Company and the insurance company.
In addition to measures set forth in the preceding paragraph, the Renter or the Driver shall be responsible for resolving the issue and necessary incident report.
The company may contribute to resolving the incident by providing advice to the Renter or Driver regarding incident report procedures.
Article 27 Termination of the Rental Agreement due to Non-Usability of the Rental Vehicle
In the event that the Renter or the Driver cannot continue to use the Rental Vehicle due to breakdown, an accident, theft, or any other cause (hereinafter referred to as "Non-Usability") during the period of use of the Rental Vehicle, the Rental Agreement shall terminate.
In case of Article 27.1, the Renter or the Driver shall bear the costs for collection and repair of the Rental Vehicle and others incidental thereto and the Company shall not return to the Renter or the Driver the Rental Charge received except where the Non-Usability comes under any of the causes stipulated in Articles 27.3 or 27.5.
In the event that the Rental Vehicle 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 5.2 shall apply mutatis mutandis with regard to the rental conditions of the Substitute.
Either in the events that the Renter chooses not to accept the Substitute under Article 27.3 or that the Company fails to offer to rent the Substitute, the Company shall return to the Renter the Rental Charge received in full.
In the event that the Non-Usability arises from causes not attributed to either of the Renter, the Driver, and the Company, the Company shall return to the Renter the Rental Charge received deducting a portion of the Rental Charge which corresponds to the rental period from the commencement of rental to the termination of rental.
Except for the measure set forth in this Article 27, the Renter or the Driver shall make no other claims to the Company with respect to the damage or loss arising out of the Non-Usability of the Rental Vehicle.
CHAPTER 7 Indemnity and Compensation
Article 28 Indemnity to a Third Party and the Company
In the event that the Renter or the Driver causes damage to a third party or the Company during the period of use of the Rental Vehicle, the Renter or the Driver shall be liable for indemnifying such damage except for damages arising out of causes attributed to the Company.
Among the damages to the Company as described under Article 28.1, the Renter or the Driver shall compensate the Company, as separately provided in the price list, for the damages resulting from Non-Usability of the Rental Vehicle due to the accident, theft, and defacement or odor for which the Renter or the Driver is responsible for.
Article 29 Insurance and Compensation
In the event that the Renter or the Driver causes damage to a third party or the Company during the period of use of the Rental Vehicle, the Renter or the Driver shall be liable for indemnifying such damage except for damages arising out of causes attributed to the Company.
Third Party Liability Coverage: Bodily Injury/Death per Person – Unlimited (Including Automobile Liability Insurance Policy)
Rented Vehicle Damage Liability Coverage:Per Accident – Current Value (Deductible of JPY100,000)
Personal Injury Protection Coverage:Per Person – Maximum JPY30 Million
Such insurance payment or compensation as set forth under Article 29.1 shall not cover when the case comes under any of the exemption clauses of the liability insurance or compensation system.
Such insurance payment or compensation as set forth under Article 29.1 shall not cover when the Renter or the Driver breaches any of the provisions prescribed in the terms and conditions for rental.
The Renter or the Driver shall bear damages for which insurance payment or compensation is not granted, or damages in excess of such insurance payment or compensation as payable under Article 29.1. When the limits of coverage as stipulated under Article 29.1, however, are revised under a special contract, the Renter or the Driver shall bear damages in excess of such limits of coverage.
If the Company has paid the damages to be borne by the Renter or the Driver, the Renter or the Driver shall immediately repay such an amount to the Company.
The Renter or the Driver shall bear the deductibles under the liability insurance or the compensation systems, stipulated in Articles 29.1(2) or 29.1(3), except where special contracts exist.
CHAPTER 8 Termination of the Rental Agreement
Article 30 Termination of the Rental Agreement
The Company may cancel the Rental Agreement without any notification
or whatsoever and immediately demand that the Renter or the Driver returns the Rental Vehicle, if the Renter or the Driver, during the period of use of the Rental Vehicle, violates the Terms and Conditions, or if it comes under any of the cases stipulated in Article 9.1. In the circumstances, the Company shall not return the Rental Charge received to the Renter.
Article 31 Termination of the Rental Agreement
The Renter may terminate the Rental Agreement, even
during the period of use of the Rental Vehicle, upon obtaining the consent of the Company and also upon payment of the termination charge as described here below. In such a case, the Company shall return to the Renter the balance with the amount corresponding to the rental period from the commencement of rental to the termination of the Rental Agreement, deducted from the total Rental Charge received, provided that the Renter does not come under any of the separately prescribed provisions.
When the Renter terminates the Rental Agreement during the rental period as set forth in Article 31.1, the Renter shall pay to the Company the following termination charge which is calculated as follows:
Termination Charge
=｛（regular rental rate corresponding to the total rental period）
-（regular rental rate corresponding to the rental period from the commencement of rental to the termination of the rental｝×50％
CHAPTER 9 PERSONAL INFORMATION
Article 32 Purpose for Use of Personal Information of the Renter or the Driver
The Company shall obtain and make use of personal information of the Renter or the Driver for the following purposes.
For the purpose of performing the legally required particulars, including but not limited to, preparing the Rental Agreement, as an authorized operator of the vehicle renting business.
In order for VIP Premium Plan to be effected, please enter the English name (as per passport), date of birth (YYYY/MM/DD) and gender of all car passengers in the confirmation form.
For the purpose of informing the Renter or the Driver of rental vehicles, used vehicles or other related products, and services as well as sales promotional plans, events and campaighns, by mail, e-mail or other means of communication.
For the purpose of identifying or screening the Renter or the Driver.
For the purpose of carrying out a questionnaire campaign targeting the Renter or the Driver so as to plan and develop new products and services or to study ways to enhance customer satisfaction.
For the purpose of statistical collation, analysis of personal information and production of statistics customized to the format unable to recognize and specify a person but capable of processing and satistically analyzing personal information.
When the Company tries to obtain such information on the Renter or the Driver for the purposes not stated in any of the clauses under Article 32.1, the Company shall advise the Renter or the Driver of specific purposes in advance.
Article 33 Consent by the Renter or the Driver to the Registration and Use of the Personal Information
The Renter or the Driver shall agree that when the Renter or the Driver behaves in such a manner that becomes applicable to any of the cases in Article 18.6 or Article 23.1, the personal information of the Renter or the Driver, including but not limited to, the name, address and so forth may be registered at All-Japan Rent-A-Car Association for the duration not exceeding seven years and also such registered personal information may be accessed by the said Association, the respective local Rent-A-Car Associations and the respective member vehicle renting companies of such Associations.
To execute those matters necessary for the conditions required for obtaining a business license, such as preparing a rental certificate at the time of completion of rental contract, as an operator granted a license for a rental car business in accordance with Road Transportation Act 1 Article 80.
In the event that the Company receives an order for payment of a violation charge of for illegal parking in accordance with Article 51.4.(1) of the Road Traffic Law.
In the event that the Renter or the Driver may not pay to the Company the total amount of penalty of the illegal parking in accordance with Article 18.5.
In the event that the Company recognises that the Renter or the Driver may not return the Rental Vehicle in accordance with Article 23.1.
During the rental period, the GPS navigator will obtain information (traveling data, attribute information, etc.), and will provide statistical data and analysis of individuals in an unspecified format to the third party. The third party who received the data are prohibited from restoring the data to specify individuals.
CHAPTER 10 MISCELLANEOUS
Article 34 Countervailing
In the event that the Company is under monetary obligation
to the Renter or the Driver under the Terms and Conditions, the Company may countervail such monetary obligation against the debts to which the Renter or the Driver is liable to the Company at the Company’s convenience.
Article 35 Arrears
In the event that either the Renter or the Driver, and the Company neglects to fulfill any monetary obligation under the Terms and Conditions, the Renter or the Driver, and the Company shall pay to the other party interests on the balance in the arrears at 14.6% per annum.
Article 36 Subsidiary Rules
The Company may prescribe the subsidiary rules of the Terms and Conditions separately. Such subsidiary rules shall have the same effect as the Terms and Conditions.
When the Company prescribes the subsidiary rules separately, the Company shall post them on the notice boards of its rental offices and publish them publicly in brochures, price list(s), and websites. Changes to the subsidiary rules shall apply accordingly.
Article 37 Consumption Tax
The Renter or the Driver shall pay to the Company the consumption tax, including the local consumption tax, imposed on the rental transaction under the Terms and Conditions.
Article 38 Versions in Japanese and in English, Chinese, or Korean.
In the event of any discrepancy of the Terms and Conditions between the Japanese version and the English, Chinese, or Korean translations, the Japanese version shall prevail.
Article 39 Agreement on the Court of Jurisdiction
Should disputes arise with regard to the rights and obligations on the Terms and Conditions, the Court of Jurisdiction shall be the Court having territorial jurisdiction over the main office, branch office or any business office of the Company, regardless of the sued damages in controversy.
SUPPLEMENTARY PROVISIONS
The Terms and Conditions is effective from January 1, 2019 OTS Rent-a-car