Chapter 1 General Provisions
(Application of These Terms)
Article 1
- The Company shall rent out the rental vehicle (hereinafter the “Rental Car”) to the renter (including the driver; hereinafter the same), in accordance with these Terms, and the renter shall rent and use the Rental Car accordingly. If, pursuant to Article 3, paragraph 1, the renter designates a driver different from the renter, the renter shall ensure that such driver is informed of and complies with the provisions of these Terms that apply to drivers.
- Matters not stipulated in these Terms shall be governed by laws and regulations or generally accepted practices.
- The Company may accept special agreements within the scope that does not conflict with the purpose of these Terms, laws and regulations, or generally accepted practices. In the event of such special agreement, the special agreement shall prevail.
Chapter 2 Rental Agreement
(Reservation)
Article 2
- When renting a Rental Car, the renter may apply for a reservation by agreeing to these Terms and the separately prescribed rate table, etc., and by specifying in advance the vehicle type/class, rental start date and time, pickup location, rental period, return location, driver, whether accessories such as a child seat are required, and other rental conditions. The Company shall accept reservations within the limits of its available fleet. In such case, unless the Company specifically approves otherwise, the renter shall pay the separately prescribed reservation deposit.
- If the reservation application in the preceding paragraph is made via web reservation, and after the Company sends a reservation confirmation email to the email address provided by the renter, the Company confirms that the email was not received (including, but not limited to, cases of an incorrect address or a non-existent address), the reservation shall be treated as not having been formed.
- If one (1) hour or more has elapsed from the reserved rental start time and the renter has not begun procedures to enter into the rental agreement (hereinafter the “Rental Agreement”), the reservation shall be deemed cancelled.
- If the renter wishes to change the rental conditions in paragraph 1, the renter must obtain the Company’s prior consent.
(Conclusion of the Rental Agreement)
Article 3
- The Company shall enter into the Rental Agreement upon the renter’s application, except where no Rental Car is available for rental or where the renter falls under any item of Article 9.
In concluding the Rental Agreement, the Company may require the renter or the driver designated by the renter (hereinafter the “Driver”) to present a driver’s license and identification documents other than the driver’s license, and to provide a mobile phone number, etc. for contact during the rental period. The Company may also make copies of the driver’s license and submitted documents. - In concluding the Rental Agreement, the renter shall clearly indicate the rental conditions set forth in Article 2, paragraph 1, and the Company shall clearly indicate the rental conditions based on these Terms and the rate table, etc.
- Upon conclusion of the Rental Agreement, the renter shall pay the Company the separately prescribed rental charges.
(Formation of the Rental Agreement, etc.)
Article 4
- The Rental Agreement shall be formed when the Company receives the rental charges and delivers the Rental Car to the renter. In such case, the reservation deposit shall be applied toward part of the rental charges.
- If the Company is unable to rent out the reserved vehicle type due to an accident, theft, or other cause not attributable to the Company, the Company may rent out a different vehicle type/class (hereinafter an “Alternative Rental Car”).
- If the rental charges for the Alternative Rental Car are higher than those for the reserved vehicle type, the charges shall be based on the reserved vehicle type. If they are lower, the charges shall be based on the vehicle type/class of the Alternative Rental Car.
(Termination of the Rental Agreement by the Company)
Article 5
- If the renter falls under any of the following during the rental period, the Company may terminate the Rental Agreement without any notice or demand and may immediately demand return of the Rental Car. In such case, the Company shall not refund the rental charges already received.
(1) Violation of these Terms.
(2) Causing a traffic accident due to reasons attributable to the renter.
(3) Becoming applicable to any item of Article 9. - If, due to a defect, malfunction, or other nonconformity that existed before delivery of the Rental Car, or other reasons causing the Rental Car not to conform to the rental conditions, the renter becomes unable to use the Rental Car, the renter may terminate the Rental Agreement, except where the renter has received measures under Article 22, paragraph 3.
(Early Termination Due to Force Majeure)
Article 6
- If during the rental period the Rental Car becomes unusable due to a natural disaster or other force majeure, or other reasons not attributable to the renter, the Rental Agreement shall end at the time the Rental Car becomes unusable.
- If paragraph 1 applies, the renter shall promptly notify the Company.
(Mid-Term Cancellation by the Renter)
Article 7
- The renter may cancel the Rental Agreement during the rental period with the Company’s consent. In such case, the renter shall pay the mid-term cancellation fee under Article 25.
- If the Rental Car becomes unusable due to an accident or breakdown or other cause attributable to the renter or the Driver, the renter or the Driver shall promptly notify the Company, and the Rental Agreement shall be deemed cancelled at the time the Company receives such notice.
- When the renter returns the Rental Car under the preceding paragraph, the Company shall not refund the rental charges received under Article 4.
(Change of Rental Conditions)
Article 8
- After the Rental Agreement is formed, if the renter wishes to change the rental conditions indicated under Article 3, paragraph 2, the renter must obtain the Company’s prior consent.
- The Company may refuse such change if it interferes with rental operations.
(Refusal to Conclude the Rental Agreement)
Article 9
- The Company may refuse to conclude the Rental Agreement if the renter or the Driver falls under any of the following:
(1) Does not hold a valid driver’s license required to operate the Rental Car, or fails to present it or submit a copy.
(2) Is deemed to be under the influence of alcohol.
(3) Is deemed to be suffering from intoxication due to narcotics, stimulants, thinner, etc.
(4) Carries a child under six (6) years old without a child seat.
(5) Is deemed to belong to, be affiliated with, or be a member of an organized crime group or other anti-social organization.
(6) The Driver designated at the time of reservation differs from the Driver at the end of the rental.
(7) Has previously been delinquent in paying rental charges or other obligations owed to the Company.
(8) Has previously engaged in conduct falling under any item of Article 17.
(9) Has previously (including rentals from other rental car companies) engaged in conduct falling under Article 30.
(10) Uses violence or abusive language toward the Company’s employees or related persons, or demands burdens beyond a reasonable scope in relation to transactions with the Company.
(11) Spreads rumors or uses fraud or intimidation to damage the Company’s credibility or obstruct its business.
(12) Otherwise deemed inappropriate by the Company. - If the Company refuses to conclude the Rental Agreement under paragraph 1, the reservation shall be treated as cancelled under Article 24, paragraph 1.
Chapter 3 Rental Vehicle
(Start Date/Time, etc.)
Article 10
The Company shall rent out the Rental Car prescribed in Article 14 at the start date/time and pickup location indicated under Article 3, paragraph 2.
(Rental Procedures, etc.)
Article 11
- The Company shall rent out the Rental Car after the renter and the Company jointly conduct the daily inspection and maintenance prescribed in Article 47-2 of the Road Transport Vehicle Act, and inspect the vehicle exterior and accessories based on a separately prescribed checklist, confirming that there is no maintenance defect, etc.
- If, in the confirmation under the preceding paragraph, any maintenance defect, etc. is found, the Company shall take measures such as replacement.
- Upon delivery of the Rental Car, the Company shall issue to the renter a prescribed vehicle rental certificate containing matters specified by the head of the local transport bureau/land transport branch office and the head of the Okinawa General Bureau land transport office.
Chapter 4 Rental Charges
(Rental Charges)
Article 12
- The rental charges to be received by the Company under Article 4 shall be based on the rate table that the Company has filed with and is implementing under the local transport bureau/land transport branch office and the Okinawa General Bureau land transport office at the time of rental.
- The rental charges consist of the total of the basic charge and any ancillary charges. The Company shall indicate each amount or the basis for calculation in the rate table.
(Measures When Rental Charges Are Revised)
Article 13
If the rental charges in the preceding article are revised after a reservation is made under Article 2, the rate table applicable at the time the reservation was completed shall apply, notwithstanding Article 12, paragraph 1.
Chapter 5 Responsibility
(Periodic Inspection and Maintenance)
Article 14
The Company shall rent out Rental Cars that have undergone periodic inspection and maintenance under Article 48 of the Road Transport Vehicle Act.
(Daily Inspection and Maintenance)
Article 15
During the rental period, the renter or the Driver shall conduct daily inspection and maintenance under Article 47-2 of the Road Transport Vehicle Act before using the Rental Car each day.
(Duty of Care)
Article 16
- The renter shall use and store the Rental Car with the duty of care of a good manager.
- Such duty arises upon receipt of the Rental Car and ends upon its return to the Company.
(Prohibited Acts)
Article 17
During the rental period, the renter shall not:
(1) Use the Rental Car for automobile transport business or similar purposes without the Company’s consent and required permissions under the Road Transport Act.
(2) Sublease the Rental Car or provide it as collateral, or otherwise act in a way that infringes the Company’s ownership.
(3) Forge or alter the registration/number plates, or modify/alter the Rental Car or otherwise change its original condition.
(4) Use the Rental Car for tests or competitions, or for towing or pushing other vehicles, without the Company’s consent.
(5) Use the Rental Car in violation of laws, regulations, or public order and morals.
(6) Purchase damage insurance for the Rental Car without the Company’s consent.
(7) Take the Rental Car outside Japan.
(8) Otherwise act in violation of the rental conditions.
(Obligation to Carry the Vehicle Rental Certificate)
Article 18
- During the rental period, the renter shall carry the vehicle rental certificate issued under Article 11, paragraph 3.
- If the renter loses the certificate, the renter shall immediately notify the Company.
(Liability for Damages)
Article 19
- If the renter causes damage to a third party or the Company by using the Rental Car, the renter shall be liable to compensate for such damage, except where the damage is not attributable to the renter.
- If, in connection with use of the Rental Car, the renter or the Driver causes damage to the Company’s Rental Car, the renter shall compensate for such damage, except where it is not attributable to the renter or the Driver.
- Where the renter bears liability under the preceding paragraph, the renter shall compensate for damages, or pay loss-of-use/business compensation, in accordance with the rate table, etc., for losses incurred because the Company cannot use the Rental Car due to accident, theft, breakdown, contamination/odors, etc.
Chapter 6 Handling of Automobile Accidents, etc.
(Accident Handling, etc.)
Article 20
- If an accident involving the Rental Car occurs during the rental period, the renter shall take legally required measures regardless of severity and shall handle the matter as follows:
(1) Immediately report the accident situation to the Company and follow the Company’s instructions.
(2) Promptly submit any documents or evidence required by the Company and the insurer with whom the Company has contracted.
(3) Obtain the Company’s prior consent before entering into any settlement or agreement with a third party.
(4) If repairs are made based on the Company’s instructions, perform repairs at the Company or at a repair shop designated by the Company, unless otherwise approved by the Company. - In addition to the preceding paragraph, the renter shall endeavor to resolve the accident at the renter’s own responsibility.
- The Company shall provide advice regarding accident handling and cooperate in its resolution.
- For vehicles equipped with a drive recorder, the Company may record conditions such as impacts or sudden braking for the purpose of confirming the situation at the time of an accident, etc.
- If deemed necessary, the Company may take measures such as reviewing the records in the preceding paragraph.
- If theft of the Rental Car occurs during the rental period, the renter shall:
(1) Immediately report to the nearest police station.
(2) Immediately report the situation to the Company and follow the Company’s instructions.
(3) Cooperate with investigations by the Company and the insurer, and submit requested documents without delay.
(Coverage)
Article 21
- Based on the damage insurance contract for the Rental Car and the Company’s coverage system, the Company shall indemnify the renter’s liability for damages under Article 19 within the following limits:
(1) Bodily injury: Unlimited per person (including compulsory automobile liability insurance).
(2) Property damage: Unlimited per accident (deductible: JPY 50,000).
(3) Vehicle damage: Market value per accident (deductible: JPY 50,000).
(4) Passenger injury: Up to JPY 30,000,000 per person (up to seating capacity). - No insurance or coverage payment shall be made where an exclusion under the insurance policy terms or coverage system applies.
- No insurance or coverage payment shall be made in the event of violation of these Terms.
- Any damages exceeding the insurance/coverage amount payable under paragraph 1 shall be borne by the renter.
- If the Company pays an amount exceeding the bodily injury limit in paragraph 1, item (1), the renter shall immediately reimburse the Company for the excess.
- For the deductible amounts under paragraph 1, item (2) or item (3), the renter or the Driver shall bear the corresponding damages unless a special agreement provides otherwise.
(Handling of Breakdowns, etc.)
Article 22
- If the renter discovers any abnormality or breakdown of the Rental Car during the rental period, the renter shall immediately stop driving, contact the Company, and follow the Company’s instructions.
- If the abnormality or breakdown is due to the renter’s intentional act or negligence, the renter shall bear the costs required for retrieval and repair.
- If the Rental Car becomes unusable due to a defect or malfunction that existed before rental, or other nonconformity with the rental conditions, the renter may receive an Alternative Rental Car or equivalent measures from the Company.
- Except for the measures in the preceding paragraph, the renter may not claim damages from the Company for inability to use the Rental Car, except where the breakdown, etc. was caused by the Company’s intent or gross negligence.
(Exemption Due to Force Majeure)
Article 23
- If the renter becomes unable to return the Rental Car within the rental period due to a natural disaster or other force majeure, the Company shall not hold the renter liable for resulting damages. In such case, the renter shall promptly contact the Company and follow the Company’s instructions.
- If the Company becomes unable to rent out the Rental Car or provide an Alternative Rental Car due to a natural disaster or other force majeure, the Company shall not be liable for resulting damages. The Company shall promptly contact the renter.
Chapter 7 Cancellations, Refunds, etc.
(Cancellation of Reservation, etc.)
Article 24
- If the renter cancels the reservation made under Article 2 for the renter’s convenience, or if the renter does not conclude the Rental Agreement, the renter shall pay a reservation cancellation fee as separately prescribed. Upon payment of such fee, the Company shall refund the reservation deposit.
- If the Company cancels the reservation for the Company’s convenience, or does not conclude the Rental Agreement, the Company shall refund the reservation deposit and shall pay a penalty as separately prescribed.
- If the reservation under Article 2 was formed but the Rental Agreement is not concluded for reasons other than those in the preceding two paragraphs, the reservation shall be deemed cancelled, and the Company shall refund the reservation deposit.
- Except as provided in paragraph 3, the Company and the renter shall not make any claims against each other regarding cancellation of the reservation or failure to conclude the Rental Agreement.
(Mid-Term Cancellation Fee)
Article 25
If the renter cancels mid-term under Article 7, paragraph 1, the renter shall pay, in addition to the rental charges corresponding to the period up to cancellation, the following mid-term cancellation fee:
Mid-term cancellation fee ＝ {(Basic charge corresponding to the full Rental Agreement period) − (Basic charge corresponding to the period from rental to return)} × 50%
(Refund of Rental Charges)
Article 26
- The Company shall refund all or part of the rental charges received from the renter as follows:
(1) If the renter terminates the Rental Agreement under Article 5, paragraph 2: full amount of rental charges received.
(2) If the Rental Agreement ends under Article 6, paragraph 1: the remaining amount after deducting charges corresponding to the period from rental to termination.
(3) If the renter cancels mid-term under Article 7, paragraph 1: the remaining amount after deducting charges corresponding to the period from rental to return due to mid-term cancellation. - In making the refund in the preceding paragraph, if there are mid-term cancellation fees or other amounts to be received, the Company may offset them.
Chapter 8 Return
(Confirmation of the Rental Car, etc.)
Article 27
- When returning the Rental Car, the renter shall return it in the condition confirmed at the time of delivery, excluding normal wear and tear.
- The Company shall confirm the condition of the Rental Car upon return in the presence of the renter.
- The renter shall, in the presence of the Company, confirm that no belongings of the renter, Driver, or passengers remain in the Rental Car upon return. The Company shall not be responsible for any items left behind after return.
(Return Deadline, etc.)
Article 28
- The renter shall return the Rental Car within the rental period.
- If the renter extends the rental period with the Company’s consent under Article 8, paragraph 1, the renter shall pay the lesser of (i) the rental charges corresponding to the extended period, or (ii) the total of the rental charges before change plus the excess charges.
- If the renter returns the Rental Car after the rental period without the Company’s consent under Article 8, paragraph 1, the renter shall pay liquidated damages calculated as follows:
Liquidated damages ＝ (Number of overtime hours) × (Excess charge unit price) × 300%
(Return Location, etc.)
Article 29
- The renter shall return the Rental Car to the return location specified under Article 3, paragraph 2; provided, however, that if the return location is changed with the Company’s consent under Article 8, paragraph 1, the renter shall return it to the changed location.
- In the proviso of the preceding paragraph, the renter shall bear the costs necessary for vehicle transfer due to the change of return location.
- If the renter returns the Rental Car to a location other than the specified return location without the Company’s consent under Article 8, paragraph 1, the renter shall pay liquidated damages for change of return location calculated as follows:
Liquidated damages for change of return location ＝ (Costs necessary for vehicle transfer due to the change of return location) × 300%
(Measures When the Rental Car Is Not Returned)
Article 30
- If the renter fails to return the Rental Car to the return location under Article 29, paragraph 1 even after twelve (12) hours have elapsed from the end of the rental period, and does not respond to the Company’s demand for return, or if the renter’s whereabouts are unknown and the Company deems the Rental Car to have been absconded with, the Company may take measures such as filing a criminal complaint and reporting the incident to the Japan Rent-A-Car Association, in addition to taking legal procedures.
- In the preceding case, the Company shall confirm the location of the Rental Car by any means.
- In the case of paragraph 1, the renter shall be liable to compensate the Company for damages under Article 19 and shall also bear the costs for recovery of the Rental Car and for searching for the renter.
(Consent to Registration and Use of Credit Information)
Article 31
If the renter becomes subject to the preceding article, the renter agrees that personal information including the name, date of birth, driver’s license number, etc. of the renter or the Driver may be registered with the Japan Rent-A-Car Association for a period not exceeding seven (7) years, and that such information may be used by the Japan Rent-A-Car Association, its member prefectural rental car associations, and their member businesses.
Chapter 9 Miscellaneous
(Purposes of Use of Personal Information)
Article 32
- The purposes for which the Company acquires and uses the renter’s personal information are as follows:
(1) To perform obligations required as a licensed rental car operator, such as creating rental certificates at the conclusion of the Rental Agreement and managing the contract (including reporting to the police and public safety commission under these Terms, and reporting to the Japan Rent-A-Car Association).
(2) To provide the renter and Driver with Rental Cars and related services.
(3) To verify identity and conduct screening of the renter and Driver.
(4) To compile and analyze personal information statistically and create statistical data processed into a form that cannot identify individuals. - If the Company acquires personal information of the renter or Driver for purposes not listed in paragraph 1, it shall do so after clearly stating the purpose of use in advance.
- The Company shall disclose its handling of personal information on its website, etc. (*As stated in the Privacy Policy.)
(Measures in the Event of Illegal Parking)
Article 33
- If the renter or the Driver commits illegal parking as defined under the Road Traffic Act in relation to the Rental Car while in use, the renter or the Driver shall appear at the police station having jurisdiction over the area, promptly pay any traffic fines/penalties, and bear expenses related to towing, storage, retrieval, etc. arising from the illegal parking.
- If the Company receives notice from the police regarding a violation for unattended parking of the Rental Car, the Company shall contact the renter or the Driver and instruct them to promptly move the Rental Car and appear at the handling police station to process the violation by the end of the rental period or by the time instructed by the Company. The renter or the Driver shall comply. If the Rental Car is moved by the police, the Company may, at its discretion, retrieve the Rental Car from the police.
- After giving instructions under the preceding paragraph, the Company may confirm the status of violation processing by checking a traffic violation notice, payment slip, receipt, etc., and if not processed, the Company shall continue to instruct the renter or the Driver until it is processed. If deemed necessary, the Company may require the renter or the Driver to sign a prescribed document (hereinafter “Acknowledgment”) acknowledging the fact of the unattended parking violation and that they will appear at the police station, etc. and comply with legal measures as the violator, and the renter or the Driver shall comply.
- If deemed necessary, the Company may provide the Acknowledgment and rental certificate, etc. (including personal information) to the police to cooperate as necessary to pursue responsibility for the unattended parking violation, and may also submit a written explanation and the Acknowledgment and related materials to the public safety commission and take necessary legal measures such as reporting the facts. The renter or the Driver agrees to this.
- If the Company receives an order to pay the unattended parking violation fine under Article 51-4, paragraph 1 of the Road Traffic Act and pays it, or if the Company bears costs to search for the renter or costs for moving, storing, retrieving the Rental Car, etc., the renter shall be liable to compensate the Company for the following amounts and shall pay by the date designated by the Company:
(1) Amount equivalent to the unattended parking violation fine
(2) The separately prescribed penalty for parking violation
(3) Costs for searching and costs for moving, storing, retrieving the Rental Car, etc. - If the Company receives an order to pay the unattended parking violation fine under the preceding paragraph, or if the renter fails to pay the full amount claimed under paragraph 5 by the designated date, the Company shall take measures such as registering the renter’s name, date of birth, driver’s license number, etc. in the Japan Rent-A-Car Association information management system (hereinafter the “Association System”), and the renter agrees to this.
- If, in cases where the renter or the Driver should pay the traffic fines/penalties under paragraph 1, the renter or the Driver fails to comply with the Company’s instruction under paragraph 2 to process the violation, or fails to sign the Acknowledgment under paragraph 3, the Company may charge the renter a separately prescribed parking violation charge (hereinafter “Parking Violation Charge”) and may apply it to the unattended parking violation fine and parking violation penalty described in paragraph 5.
- Notwithstanding paragraph 6, if the Company receives from the renter the full amount of the Parking Violation Charge and the costs under paragraph 5, item (3), the Company shall not take measures such as registration in the Association System under paragraph 6, or shall delete already registered data.
- If the renter pays the amounts claimed by the Company under paragraph 5, and later the traffic fine related to the parking violation is paid or prosecution is initiated, etc., resulting in the payment order being cancelled and the Company receiving a refund of the unattended parking violation fine, the Company shall refund to the renter only the amount equivalent to the unattended parking violation fine among the parking-violation-related costs already received. The same shall apply when the Company has collected the Parking Violation Charge under paragraph 7.
- If, after registration in the Association System under paragraph 6, the payment order is cancelled due to payment of the traffic fine, etc., or if the full amount claimed by the Company under paragraph 5 is paid, the Company shall delete the registered data from the Association System.
(GPS Function)
Article 34
- The renter and the Driver agree that the Rental Car may be equipped with a global positioning system (hereinafter the “GPS Function”), that the current location, travel route, etc. may be recorded in the Company’s prescribed system, and that the Company may use such recorded information for the following purposes:
(1) To confirm, at the end of the Rental Agreement, that the Rental Car has been returned to the prescribed location.
(2) To confirm the current location, etc. of the Rental Car when Article 30, paragraph 1 applies, or otherwise when necessary for vehicle management or performance of the Rental Agreement.
(3) To use for marketing analysis to improve the quality of products/services provided to the renter and Driver, and to improve customer satisfaction. - The renter and the Driver agree that the Company may disclose, to the extent necessary, information recorded by the GPS Function if disclosure is required under laws and regulations, or if a court, administrative agency, or other public institution requests or orders disclosure.
(Drive Recorder)
Article 35
- The renter and the Driver agree that the Rental Car may be equipped with a drive recorder, that driving conditions of the renter and the Driver may be recorded, and that the Company may use such recorded information for the following purposes:
(1) To confirm the circumstances at the time of an accident.
(2) To confirm driving conditions when necessary for vehicle management or performance of the Rental Agreement.
(3) To use for marketing analysis to improve the quality of products/services provided to the renter and Driver, and to improve customer satisfaction. - The renter and the Driver agree that the Company may disclose, to the extent necessary, information recorded by the drive recorder if disclosure is required under laws and regulations, or if a court, administrative agency, or other public institution requests or orders disclosure.
(Consumption Tax) ※
Article 36
The renter shall additionally pay the Company consumption tax (including local consumption tax) imposed on monetary obligations under these Terms.
(Late Payment Damages)
Article 37
If the renter fails to perform monetary obligations under these Terms, the renter shall pay the Company late payment damages at an annual rate of 14.6%.
(Detailed Rules)
Article 38
- The Company may establish detailed rules separately in implementing these Terms.
- When the Company establishes such detailed rules, it shall post them at its business offices and include them in brochures and rate tables issued by the Company. The same shall apply to any changes.
(Amendment of These Terms, etc.)
Article 39
The Company may amend these Terms and the detailed rules. When amending, the Company shall announce the amendment, the content of the amended Terms and detailed rules, and the effective date by posting on the Company’s website or by other appropriate means.
(Jurisdiction)
Article 40
In the event of any dispute regarding rights and obligations under these Terms, the court having jurisdiction over the location of the Company’s head office shall have exclusive jurisdiction.
Supplementary Provision
These Terms shall take effect from April 1, 2023.
※ Note: The standard Terms are divided into a version for consumption-tax taxable businesses and a version for consumption-tax exempt businesses. The exempt-business version does not include the provision on consumption tax. Therefore, article numbering after that provision may differ depending on the version.