The Renter (including the applicant for the car rental agreement) and the Driver (hereinafter referred to as the ‘Renter’ and the ‘Driver’) agree to the use of the Renter’s and the Driver’s personal information for the following purposes of the Company.
In order to fulfill relevant obligations, including the preparation of rental agreeements, rental car operators must comply with the Basic Notice on Rental Cars (Travel No. 138, June 13, 2018, hereinafter referred to as the “Basic Notice”).
Verification of the identity of the Renter or the Driver.
Conduct questionnaire survey on the Renter or the Driver for the purpose of product development and meeting customer needs.
For the purpose of statistical data, collect and analyze personal information and generate non-specific data for personal identification.
During the rental period, the information obtained from the navigation system or drive recorder (operating data, attribute information, etc.) will be processed into non-specific files for statistical and analytical personal identification and provided to third parties. In such case, third parties are prohibited from restoring the processed data.
Co-operation with external services and use of personal information
With your consent, this website will be linked to the operation service of a third party (hereinafter referred to as “external service”) to obtain personal information of our customers and provide it to external service. Please note that the information will be provided to the external service with the customer’s consent, and that the external service is not subjected to our Company management control, privacy policy and independent use of the information provided by the external service. In addition, personal information will be provided through our systems and methods in accordance with the situation.
Okinawa Convention & Visitors Bureau operates the tourism website “OKINAWA COMPASS”, which will be linked to form “FUN COMPASS” and provided to NTT Communications Co., Ltd. and NTT Comware Corporation.
［When to provide］ ・Travel information booked on this site will be uploaded to “FUN COMPASS” and provided when necessary.
［Provision of personal information］ ・Rental car information such as reservation number, reservation branch, departure date and return date.
［Purpose of Provision］ ・For customer use under “FUN COMPASS”.
CHAPTER 1 GENERAL RULES
Article 1 Application of the Terms and Conditions for Rental
本The Company shall lease the Rental Vehicle (hereinafter referred to as the Rental Vehicle) to the Renter in accordance with the Terms and Conditions (the terms of the agreement and the contents of the rental guide mentioned below). In the event that the Renter and the Driver are different individuals in accordance with Article 8, Paragraph 5, the Renter must ensure that the Driver understands the Terms and Conditions of the lease and complies with them. Any matters not stipulated in these terms and conditions will be handled in accordance with relevant laws and regulations and general customs in Japan.
The company allows the establishment of Special Agreement 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 Agreement.
CHAPTER 2 RESERVATIONS
Article 2 Making Reservations
Upon reservation, the Renter agrees to the 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 “rental conditions”) before making the reservation.
Upon the receipt of the reservation from the Renter, the Company shall make a reservation based on the provisions of Article 36, Paragraph 1 (including acceptance of delivery of the Rental Vehicle as a substitute for the Rental Vehicle in accordance with the provisions of the same paragraph), except under special circumstances. In principle, the Company shall comply with the particulars to the extent that the Rental Vehicle is available for such rental, provided that the Renter shall pay a stipulated reservation deposit, except under special circumstances as determined by the Company.
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 Cancellation of the Reservations, etc.
The Renter may cancel the reservation with the consent of the Company.
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 due to the Renter’s personal reasons.
According to the preceding 2 paragraphs, the Renter shall pay a cancellation fee to the Company as stipulated. If the cancellation fee has been paid, the Company shall refund the paid reservation fee to the Renter.
If the reservation is cancelled or the Rental Agreement is not concluded due to the Company, the Company shall return the received reservation deposit to the Renter.
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 “Substitute Vehicle”) if the car class reserved by the Renter is not available.
When the Renter accepts such an offer as provided in the preceding paragraph, the Company shall rent the Substitute Vehicle under the same renting conditions, except for the car class. However when the rental charge (hereinafter referred to as “Rental Charge”) for the Substitute Vehicle is higher than that of the vehicle class as reserved, the rental charge for the Substitute Vehicle will apply.
The Renter shall have the right to refuse to accept the Substitute Vehicle offered in accordance with the first paragraph and may cancel the reservation.
In the case of the preceding paragraph, if the reason for not being able to conclude the Rental Agreement is due to the Company, the Company shall cancel the reservation in accordance with Article 4, Paragraph 4, and returns the reservation fee received.
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 Renter, 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
In the event that the Company’s or the Renter’s reservation is cancelled or the Rental Agreement has not yet been executed, the provisions of Article 4 or 5 above shall be waived, and no compensation can be claimed from each other.
Article 7 Agency for the Reservations
The Renter may make reservations through the travel agents or the business partners (hereinafter referred to as “Agent”), which handle reservations and represent the Company.
The Renter, who has made reservations through the Agent, may change or cancel such reservations only through the said Agent under Articles 3 and 4.
CHAPTER 3 RENTALS
Article 8 Execution of the Rental Agreement
Upon signing the Rental Agreement, the Renter has to indicate the required information stipulated in Article 2, Paragraph 1 and the Company has to indicate the rental conditions with these Terms & Conditions, detailed regulations, and rental prices, etc. However, this shall not apply if there is no Rental Vehicle available to implement the Rental Agreement, or if the Renter or the Driver comes under Article 9, paragraph 1 or paragraph 2.
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 coupon and a coupon issued 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 execution of the Rental Agreement.
Upon signing the Rental Agreement, 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 reasons, the Renter will not be allowed to add the compulsory Collison Damage Waiver and the Safety Pack Plan (Basic Plan, Premium Plan, VIP Premium Plan) after the Rental Agreement is signed.
Regardless of any reasons, the Renter will not be allowed to withdraw from the compulsory Collison Damage Waiver and the Safety Pack Plan (Basic Plan, Premium Plan, VIP Premium Plan) after the Rental Agreement is signed.
Based on the Basic Instructions issued by the governing agency (*1), rental vehicle register (rental original sheet) and provisions of Article 14.1, the Company is obliged to provide the name and address of the Driver, driver’s license type and driver’s license number (*2) on the rental certificate, or to attach a copy of the driver’s license. Upon signing the Rental Agreement, the Renter or the Driver designated by the Renter (hereinafter referred to as “Driver”) is required to provide a driver’s license or a photocopy of the driver’s license. When the Renter and the Driver are different individuals, the Driver is obliged to provide the driver’s license and a copy 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.
Upon signing of the Rental Agreement, the Renter or the Driver is required to provide the original and relevant documents, other than the driver’s license, that confirms the identity of the Renter or the Driver. The Renter and/or the Driver is obliged to cooperate.
At the time of the execution of the Rental Agreement, the Renter and/or the Driver is required to provide his/her mobile phone number or other means of contact so as to communicate with the Renter or the Driver during the rental period.
Upon the signing of Rental Agreement, the Renter shall 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.
Failure to provide the driver’s license required for the Rental Vehicle and refusal to provide a copy of the driver’s license.
Deemed to have drunk alcohol.
Deemed to be intoxicated by drugs, stimulants, etc.
Failure to install a child seat in the Rental Vehicle for children under the age of 6.
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 the Driver specified in the reservation is different from the Driver at the time of signing the Rental. Agreement
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 from other car rental companies).
When the Renter or the Driver had previously breached rental agreements and the car insurance contracts.
Any person who engages in violent behavior, including verbal abuse, or making unreasonable demands towards the Company’s employees or other related persons when dealing with the Company.
Any person who spreads rumours or makes unwarranted remarks that cause damage to the Company’s reputation or business.
Any other person who engages in behaviour that the Company deems inappropriate.
Under any of the provisions in Articles 9.1, and 9.2, if the Renter’s reservation is earlier accepted, it will be treated as a cancellation and the handling fee for the cancellation will be refunded to the Renter if it has been collected.
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 location as specified in Article 2.1.
Article 11 Rental Charge
The Rental Charge means the total amount of the following charges.
Basic rental charge
C.D.W. charge
Drop-off charge
Fuel charge
Delivery / collection charge
Basic Plan charge
Premium Plan charge
VIP Premium Plan charge (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, 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.
The rental fee will be stipulated in the detailed Terms and Conditions.
Article 12 Changes in Renting Conditions
When the Renter wishes 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.
The Company may not consent to changes in Renting Conditions as described under Article 12.1 if such changes interfere with the Company’s business operations.
Article 13 Inspection and Maintenance of the Rental Vehicle
The Company shall deliver 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 complies with 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 proper installation of the child safety seat is the responsibility of The Renter or the Driver. The company assumes no responsibility for the installation of the child safety 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 the 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 Management 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 “period of use of the Rental Vehicle”).
Article 16 Daily Inspection 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 as a guarantee 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 ethical behaviors.
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 transport the Rental Vehicle to an outlying island without consent.
To act in violation of other Renting conditions under Article 8 (1).
Article 18 Measures in Handling Cases 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 the violation charges, as well as the charges of towage, storage and other fees 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 by the expiration of the Rental Agreement or by a specific time instructed by the Company for completion of the legally required procedure. The Renter or the Driver shall then 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.
In the event of the above situation, the Company reserves the right to request the Renter or the Driver to present the traffic violation notice or ticket, receipt, etc. If it is not possible to ascertain this, the Renter or the Driver shall admit the fact of illegal parking and take the initiative to go to the police station to file a report and sign a self-confession statement [hereinafter referred to as (self-confession statement)] prescribed by the Company. The Renter or the Driver shall cooperate with the Company and immediately pay the penalty for illegal parking prescribed by the Company.
The Company may provide the police the self-confession statement of the Renter or the Driver who illegally parked as well as the rental certificate and other personal information to assist in the investigation, if the Company deems necessary. The Company may also submit to Public Security Commission the identification letter, self-confession statement, rental certificate and other information as stipulated in Article 51.4.(6) of the Road Traffic Act. The Renter or the Driver shall consent to such actions the Company may take.
In the event 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, or the Company incurs costs for searching for the Renter or the Driver or for moving, storing, or collection of the vehicle and any other related costs, the Renter or the Driver shall bear the responsibility to compensate to the Company for all the amounts stated below. The Renter or the Driver shall make the payment to the Company within the date specified by the Company.
A violation fee of the illegal parking.
A penalty fee of the illegal parking as otherwise required by the Company.
Costs incurred for searching for the Renter or the Driver and costs incurred for moving, storing, or collection of the vehicle.
When the Company receives the order to pay the violation fee in the preceding paragraph and fails to receive the full payment from the Renter or the Driver within the date specified by the Company, the Company shall report the Renter’s and the Driver’s name, date of birth, driver’s license number, etc. to the National Rental Car Association Management System.
In the event the Renter or the Driver is required to pay all the fines for illegal parking in accordance with the provisions of Paragraph 1, and the Renter or the Driver also violates the provisions of Paragraph 2 and if the Renter or the Driver is unable to comply with the Company’s regulations by signing a self-confession statement in accordance with the provisions of Paragraph 3, the Company shall charge the Renter a separate fine in accordance with the parking violation fine and illegal parking fine stipulated in Paragraph 5.
Notwithstanding the provisions of Paragraph 6, the Company shall not file a report with the National Rental Car Association pursuant to the provisions of Paragraph 6 in the event that the Company obtains the payment from the Renter for the fine for illegal parking and the full amount of the fee as set forth in Paragraph 5, No. 3, and the information shall be deleted if the report is filed.
In addition to the amount that the Renter has paid to the Company based on Paragraph 5, if the Renter or the Driver subsequently pays the parking fine, or if a lawsuit is filed and the order for payment of the parking fine is cancelled, and the Company refunds the parking fine, the parking fine that has been paid to the Company shall be returned to the Renter. The same shall apply to the Company’s collection of fines for parking offences under Paragraph 7.
If the Rental Vehicle has been registered in the National Rental Car Association system in accordance with Paragraph 6, and the order to pay the fine has been cancelled due to the payment of the fine, etc., or the full amount claimed by the Company in accordance with Paragraph 5 has been paid to the Company, the Company shall delete the data registered in the National Rental Car Association system.
If the Renter or the Driver illegally parks his/her car on someone else’s private property (outside of a designated parking lot) without permission, the Company shall use a spare key to move the car. When the owner or user of the private property requests compensation for the illegal parking fees and towing fees, the Renter or the Driver are obliged to pay the fees. In the event of an appeal, the Renter or the Driver will be required to pay the cost of the compensation as soon as possible.
Article 19 Global Positioning System (GPS)
The Renter and the Driver agree that the Rental Vehicle is equipped with a Global Positioning System (GPS), which will record the location and route of the Rental Vehicle, and the recorded information will be used for the following purposes.
To confirm that the Rental Vehicle has been returned to the designated location at the end of the Rental Agreement.
To confirm the current location, etc. of the Rental Vehicle when Article 25(1) applies or when deemed necessary for the management of the Rental Vehicle or the fulfilment of the Rental Agreement, etc.
For marketing analysis to improve the quality of products, services, etc. provided to the Renter and the Driver, and to improve customer satisfaction.
The Renter and the Driver agree that the Company may disclose the information recorded by the GPS function in the preceding paragraph to the extent necessary if the Company is required to do so by law, or if the Company receives a request or order to disclose the information from a court, administrative body or other public authority.
Article 20 Drive Recorder
The Renter and the Driver agree that the Rental Vehicle is equipped with a drive recorder and that the driving conditions of the Renter and the Driver will be recorded and that the Company will use such recorded information for the following purposes.
To confirm the circumstances of an accident in the event of an accident.
To confirm the driving conditions of the Renter and the Driver when deemed necessary for the management of the Rental Vehicle or the fulfilment of the Rental Agreement.
For marketing analysis to improve the quality of products, services, etc. provided to the Renter and the Driver, and to improve customer satisfaction.
The Renter and the Driver agree that the Company may disclose the information recorded by the drive recorder in the preceding paragraph to the extent necessary if the Company is required to do so by law, or if the Company receives a request or order to disclose the information from a court, administrative body or other public authority.
CHAPTER 5 RETURN OF THE RENTAL VEHICLE
Article 21 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 location at or before the expiration of the rental period.
The Renter or the Driver shall be liable for all losses incurred by the Company in the event that the Renter or the Driver fails to comply with the provisions of the preceding paragraph.
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 22 Checking 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 items 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 items after the completion of return of the Rental Vehicle.
The Renter and the Driver must ensure that all outstanding amount is settled upon the time of car return.
In the event that the Renter or the Driver fails to refill the Rental Vehicle with gasoline or light diesel oil, etc. (tank is not full) at the time of returning the Rental Vehicle, the Renter or the Driver shall pay the prescribed fuel charge based on mileage.
Article 23 Corresponding Rental Charge due to change in the rental period
If the Renter or the Driver changes the rental period in accordance with Article 12.1, the Renter or the Driver shall pay the Rental Charge corresponding to the revised rental period.
If the Renter or the Driver returns the vehicle beyond the rental period without the Company’s consent in accordance with Article 12, Paragraph 1, the Renter or the Driver shall pay a “change in return time penalty fee” in addition to the fees in the previous paragraph.
Change in return time penalty fee = Overtime fee corresponding to the overtime × 200%
Article 24 Return Location of the Rental Vehicle, etc.
When the Renter or the Driver changes the return location in accordance with Article 12.1, the Renter or the Driver shall bear the expenses required for transferring the vehicle due to the change in the return location of the Rental Vehicle.
In the event that the Renter or the Driver returns the Rental Vehicle to any location other than the specified return location without the consent of the Company under Article 12.1, the Renter or the Driver shall pay the penalty for changing the return location as follows:
Penalty = Expenses required for transferring the Rental Vehicle due to the change of the return location x 200%.
Article 25 Measures to be taken 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 return location by the expiration of the rental period, or fails to comply with the Company’s request for return, or if the whereabouts of the Renter or the Driver are not known to the Company, the Company shall take civil and criminal measures, report and notify All-Japan Rent-A-Car Association of the Renter’s or the Driver’s name, date of birth, driving license number, and other relevant personal information. The information will be registered in All-Japan Rent-A-Car Association’s system in accordance with Article 35.
The Company shall have the right to investigate the family members or relatives of the Renter or the Driver, the place of work, etc., or to activate the vehicle’s location system or other tracking measures in order to confirm the location of the Rental Vehicle in the case of the preceding paragraph.
In case of non-return of the Rental Vehicle as set forth in Paragraph 1, the Renter or the Driver shall be liable for all the damages to the Company in accordance with Article 28, and shall be responsible for all the costs the Company incur for the recovery of the Rental Vehicle and for the cost of locating the 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 Vehicle 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.
In the event that paragraph 1 applies, the Renter shall pay to the Company an amount equivalent to the rental fee (normal amount) for the period from the expiration of the rental period until the Company collects the Rental Vehicle and any equipment. The Renter shall be liable to compensate the Company for any damages caused to the Company pursuant to the provisions of Article 30 (including the expenses incurred in searching for and collecting the Rental Vehicle, and in searching for the Renter or the Driver).
CHAPTER 6 MEASURES TO BE TAKEN IN CASE OF BREAKDOWNS, ACCIDENTS, THEFT OR OTHER CAUSES
Article 26 Measures to be taken 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 stop driving the Rental Vehicle immediately and contact the Company and at the same time follow the instructions given by the Company.
Article 27 Measures to be taken 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 the seriousness of the accident.
In case of an accident, please report to the Company immediately and follow the instructions given by the Company.
If the Rental Vehicle requires repair(s) based on instructions given by the Company as stated in the preceding Paragraph, the repairs should be carried out at the Company or at the repair shop designated 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 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 preceding Paragraph, the Renter or the Driver shall be responsible in handling and resolving the accident.
The Company shall furnish the Renter or the Driver with advice on the accident and assist ways to handle the matter, and cooperate with the Renter or the Driver in the smooth resolution of the accident.
The Company’s rental vehicles are equipped with in-vehicle drive recorder for the purpose of visual records to check the situation of an accident as well as to record the situations of collision or emergency braking, etc.
If required, the Company shall take necessary measures such as verifying the visual data record mentioned in the preceding paragraph.
Article 28 Measures to be taken in case of Theft
The Renter or the Driver are advised to follow the following procedures in the event of theft or other damages to the Rental Vehicle in use.
Report to the nearest police station immediately.
Notify the Company of the situation and follow the instructions given by the Company immediately.
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 damages requested by the Company and the insurance company.
Article 29 Termination of the Rental Agreement due to Non-Usability of the Rental Vehicle
In the event that the Rental Vehicle is unusable due to breakdown, accident, theft or other reasons (hereinafter referred to as breakdown, etc.) during the rental process, the Rental Agreement shall be terminated.
In the event of the above, the rental fee paid by the Renter or the Driver will be used as the collection and repair fee of the Rental Vehicle and will not be refunded. However, this does not apply to the cases whereby the failure is caused by the reasons stated in Paragraph 3 or Paragraph 5.
In the event that the Rental Vehicle is found to be unsuitable for use due to a breakdown or poor condition before the Rental, a new Rental Agreement must be signed and a Substitute Vehicle must be provided to the Renter. The Substitute Vehicle provided will be based on Article 5, Paragraph 2.
Either in the events that the Renter chooses not to accept the Substitute Vehicle or that the Company fails to offer a Substitute Vehicle, the Company shall refund to the Renter the rental charge received.
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.
In addition to this provision, if the Non-Usability of the Rental Vehicle is due to the fault of the Renter, the Company shall claim compensation from the Renter. However the Renter shall not be liable for any charges due to failure or gross negligence caused by the Company.
CHAPTER 7 Indemnity and Compensation
Article 30 Indemnity and Compensation for Business Losses
In the event that the Renter or the Driver causes damage to the Rental Vehicle during the period of use, the Renter or the Driver shall be liable for indemnifying such damages except for damages arising out of causes not attributed to the Renter or the Driver.
Among the damages to the Company as described in the preceding paragraph, 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 odour for which the Renter or the Driver is responsible for.
The Renter or the Driver shall be liable for any damages caused to a third party or the Company as a result of the Renter’s or the Driver’s intentional negligence in relation to the use of the Rental Vehicle.
Article 31 Insurance and Compensation
The Renter or the Driver shall be liable for the indemnification of Article 30, Paragraph 1 and Paragraph 3, and pay the insurance or indemnification fee within the following scope according to the damage insurance policy that the Company has taken out on the Rental Vehicle and the compensation scheme established by the Company.
Third Party Liability Coverage: Bodily Injury/Death per Person – Unlimited (Including Automobile Liability Insurance Policy)
Rental Vehicle Damage Liability Coverage: Per Accident – Current Value (Deductible ¥100,000)
Personal Injury Protection Coverage: Per Person – Maximum ¥30 Million (limited to passengers in the Rental Vehicle)
In the case of exemption from liability in the insurance clause or compensation scheme in the damage insurance contract signed by the Company in Paragraph 1, the insurance or compensation scheme stipulated in Paragraph 1 shall not be applicable, and the Renter or the Driver shall be liable to compensate for the damages.
In the event that the Renter or the Driver breaches any of the provisions prescribed in the rental terms and conditions under the Rental Agreement, the insurance or compensation scheme stipulated in Paragraph 1 shall not be applicable and the Renter or the Driver shall be responsible for all damages.
In the event that the insurance or compensation cannot be paid, and in the event that the amount of insurance or compensation payable under Paragraph 1 exceeds the limits of coverage, the Renter or the Driver shall be liable for the amount of the insurance or compensation in excess of such limits of coverage.
The Renter and the Driver shall be responsible for any damages that cannot be covered by insurance or indemnity, and for any damages that exceeds the amount of insurance or indemnity stipulated in Paragraph 1. In the event of a change in the amount in accordance with Paragraph 1 of the Special Agreement, the Renter and the Driver shall bear the damages that exceed the limit set forth in the Special Agreement.
However, with regard to damages caused by a disaster designated as a catastrophe pursuant to Article 2 of the Act on Special Financial Measures to Deal with Designated Disaster of Extreme Severity (Act No. 150 of 1962) (hereinafter referred to as a “Catastrophe “), if the damages relate to the Rental Vehicle that was lost, damaged, or otherwise damaged in an area designated as such a catastrophe, the Renter shall not be required to compensate for such damages, except in cases where the Renter or the Driver is guilty of willful misconduct or gross negligence in causing such damages.
When the Company pays the amount of damages required to be paid by the Renter and the Driver, the Renter and the Driver shall immediately pay the cost of the Company’s indemnity amount.
The Renter or Driver shall be responsible for any damages equivalent to the deductible amount of the insurance or compensation payment stipulated in Paragraph 1, Item 2 or 3. However, if the Renter or Driver has signed up for a Collision Damage Waiver and paid the collision exemption compensation fee at the time of the Rental Agreement, and the accident does not fall under any of the following: an accident not reported to the police or the Company, an accident for which insurance is not paid, or an accident resulting from a violation of the rental terms and conditions after the rental, the Company shall be responsible for the said deductible amount.
CHAPTER 8 Termination of the Rental Agreement
Article 32 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.
In the case of the preceding paragraph, the Renter shall compensate the Company for any damages incurred.
Article 33 Termination of the Rental Agreement by Consent
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.
When the Renter terminates the Rental Agreement during the rental period as set forth in the preceding Paragraph, 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 MISCELLANEOUS
Article 34 Agent Rental
In the event that the Company is unable to provide a Rental Vehicle of a desired similar class, name, or model at the time of rental (including situations whereby the rental vehicle is not parked at the business premises where the application is made), the Company shall provide the Renter with a Rental Vehicle from another rental car provider in accordance with the provisions of Article 8, Paragraph 1. (This is referred to as “Agent Rental”).
In the case of an Agent Rental, if there is a breakdown or other problems with the Rental Vehicle, the Company shall cooperate with the vehicle provider in carrying out repair procedures, etc., in the same manner as in the case of a Rental Vehicle owned by the Company, and shall take measures to ensure the convenience of the Renter or the Driver.
Article 35 Countervailing
In the event that the Company has a monetary claim against the Renter or the Driver under the Terms and Conditions, the Company may offset the Renter’s or the Driver’s monetary obligations to the Company at any time.
Article 36 Arrears
If the Renter or Driver and the Company fail to fulfil monetary obligations under the Terms and Conditions, the Renter or the Driver, and the Company shall pay the other party late payment charges at a rate of 14.6% per annum.
Article 37 Detailed Regulations
The Company may stipulate separate detailed regulations of the Terms and Conditions, which shall constitute the Rental Agreement and shall have the same effect as the Terms and Conditions.
When the Company has established separate detailed regulations, the Company shall post them at the Company’s business premises, include them in the brochures, website and price list published by the Company. The same shall apply in the event of any changes.
Article 38 Consumption Tax
The Renter or the Driver shall pay to the Company the consumption tax (including local consumption tax) imposed on the rental transaction under the Terms and Conditions.
Article 39 Exclusion of anti-social forces, etc
The Company, the Renter and the Driver (hereinafter referred to as the “Renter, etc.”) represent and warrant that none of the following are applicable now or in the future.
Members of organized crime groups, gangs, non-violent members who have been members for more than 5 years, prospective members of organized crime groups, persons who have joined subsidiaries of organized crime groups, corporate extortionists, social activists, criminal groups with special intelligence and other persons similar thereto (hereinafter referred to as “members of organized crime groups, etc.”).
Any person whose management is controlled by an organized crime group member, or whose management is deemed to be substantially involved, or whose relationship with an organized crime group member, etc. is otherwise socially reprehensible.
Any person in a relationship which is deemed to involve unjustified use of members of gangs or criminal groups for the purpose of wrongful gains for themselves or for a third party or for the purpose of harming a third party.
Any person in a relationship that is deemed to involve the provision of funds, other benefits or convenience to members of gangs or criminal groups, etc.
Any person who has committed a crime related to “criminal proceeds” as defined in the Act on Prevention of Transfer of Criminal Proceeds (hereinafter referred to as “Crime”).
The Company and the Renter, etc. undertake not to engage in any of the following acts on their own or privately through third parties.
Violent acts or unreasonable demands that exceed legal responsibility.
Verbal threats, acts of violence, dissemination of falsehoods, fraudulent acts that damage the other party’s reputation or interfere with the other party’s business.
Acts that constitute a criminal offense.
Any other acts in accordance with the provisions of the preceding paragraph.
The Company shall not be liable for any damage caused to the Renter in the event that the Renter, etc. violates the preceding two provisions, even if the damage is caused by the Renter, as stipulated in Article 30.
Article 40 Priority Application of Terms and Conditions in Japanese
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 41 Agreement on the Court of Jurisdiction
In the event of any dispute regarding rights and obligations arising from the Terms and Conditions of this Agreement, the Naha District Court or Naha Summary Court with jurisdiction over the location of the Company’s head office shall be the Court of Jurisdiction.
SUPPLEMENTARY PROVISIONS
These Terms and Conditions (partially revised) shall come into effect from July 1, 2022.