RENT-A-CAR RENTAL TERMS AND CONDITIONS
Links Co., Ltd.
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IMPORTANT: This English version is provided as a reference translation to help non-Japanese customers understand the Terms. If there is any discrepancy or inconsistency, the original Japanese version shall prevail. |
Effective September 15, 2022
1. Links Co., Ltd. (the “Company”) shall rent a rental vehicle (the “Rental Car”) to the renter (the “Renter”), and the Renter shall rent it, in accordance with these Rental Terms and Conditions and the detailed rules provided for in Article 35 (collectively, the “Terms”). Matters not provided for in the Terms shall be governed by applicable laws and regulations or generally accepted custom.
2. The Company may agree to special provisions insofar as they do not conflict with the purpose of the Terms, applicable laws and regulations, administrative directives, or generally accepted custom. If a special provision differs from the Terms, that special provision shall prevail.
1. To rent a Rental Car, the Renter may, after agreeing to the Terms and the separately prescribed rate schedule, apply for a reservation by the method specified by the Company, stating in advance the vehicle class, rental start date and time, rental location, rental period, return location, driver, whether a child seat or other equipment and camping goods are required (collectively, “Equipment”), and other rental conditions (collectively, the “Rental Conditions”). If a reservation is made without a written record, the Company shall not be liable for any discrepancy between the reservation details and the actual arrangements.
2. When an application is received, the Company shall, in principle, accept it subject to the availability of Rental Cars owned or controlled by the Company.
1. Before the rental agreement (the “Rental Agreement”) is concluded, the Renter must obtain the Company’s prior consent to change any Rental Condition stated in Article 2.1.
2. If the Renter makes two or more changes, the Renter shall pay the separately prescribed reservation administration fee for each change.
1. The Renter may cancel a reservation by the separately prescribed method.
2. Unless otherwise specifically approved by the Company, if the Renter has not begun the procedure for concluding the Rental Agreement within one hour after the reserved start time, the reservation shall be deemed canceled.
3. If a reservation is canceled under either of the preceding paragraphs, the Renter shall immediately pay the separately prescribed cancellation fee.
4. If the Rental Agreement cannot be concluded because of an accident, theft, non-return, recall, natural disaster, or another cause attributable to neither the Renter nor the Company, the reservation shall be deemed canceled.
1. If the Company cannot provide the reserved vehicle class, it may offer a different class of vehicle (a “Substitute Rental Car”).
2. If the Renter accepts, the Substitute Rental Car shall be rented under the same Rental Conditions except for vehicle class. If its rate is higher, the reserved class rate applies; if lower, the Substitute Rental Car’s rate applies.
3. The Renter may reject the offer and cancel the reservation.
Except as otherwise provided in the Terms, neither party shall make any claim against the other solely because a reservation was canceled or a Rental Agreement was not concluded.
1. The Renter may apply for a reservation through a travel agency or partner company that handles reservations for the Company (an “Agent”).
2. A Renter who applied through an Agent may request a change or cancellation only through that Agent. Any change requires the Company’s consent through the Agent.
1. The Renter shall state the Rental Conditions, and the Company shall state the rental terms through the Terms, rate schedule, and other documents, before concluding the Rental Agreement. This does not apply if no vehicle is available or if the Renter or driver falls within Article 9.1 or 9.2.
2. In accordance with the Basic Directive of the supervisory authority, the Company shall record the driver’s name, address, license type, and driver’s license number in the rental register and rental certificate, or attach a copy of the license. The Renter shall present, and submit a copy of, the license of each designated driver. If the Renter is a driver, the Renter’s own license must be presented.
Note 1: “Basic Directive” means items 2(10) and 2(11) of the Basic Directive Concerning Rental Cars (Ji-Ryo No. 138, June 13, 1995), issued by the Director-General of the Road Transport Bureau.
Note 2: “Driver’s license” means a license under Article 92 of the Road Traffic Act in the form prescribed by Article 19, Appended Form 14 of the Ordinance for Enforcement of that Act. An international driving permit or foreign driver’s license under Article 107-2 of the Road Traffic Act shall be treated in the same manner.
3. The Company may also require identity-verification documents and retain copies.
4. The Renter and driver shall provide a mobile telephone number or other contact details.
5. The Company may require payment of the rental fee, Equipment fees, and other prescribed charges (collectively, “Rental Charges”) in cash or by credit card, or may specify another payment method.
1. The Rental Agreement may not be concluded if the Renter or driver: (1) does not hold or present the license required to drive the Rental Car, or does not submit a copy; (2) appears to be under the influence of alcohol; (3) appears affected by narcotics, stimulants, thinner, or similar substances; (4) intends to carry a child under six without a child seat; (5) is deemed to belong to or be associated with an organized crime group or other antisocial organization; (6) uses violence, makes an unreasonable demand, or uses threatening or abusive language toward Company personnel or related persons; (7) spreads rumors, uses deception or force to damage the Company’s reputation, or obstructs its business; (8) has violated the Terms; or (9) is otherwise deemed unsuitable by the Company.
2. The Company may refuse to conclude the Rental Agreement if: (1) the driver differs from the driver named at reservation; (2) the Renter or driver does not comply with Article 8.3 through 8.5; (3) there is a history of overdue payment to the Company; (4) there is a history of acts listed in Article 17; (5) insurance was previously unavailable because of a breach of rental or insurance terms; (6) other separately prescribed conditions are not satisfied; or no vehicle is available.
3. If a reservation already existed and the Rental Agreement is not concluded for a reason in paragraph 1 or 2, the reservation shall be treated as canceled when the Company learns of that reason, and the Renter shall immediately pay the prescribed cancellation fee.
1. The Rental Agreement is formed when the Renter pays the Rental Charges and the Company delivers the Rental Car.
2. Delivery shall take place at the reserved start time and rental location stated under Article 2.1.
1. The rental fee means the basic fee. The amount or basis of calculation shall be shown in the separately prescribed rate schedule.
2. The basic fee shall be the rate reported to and implemented with the competent District Transport Bureau at the time of rental. If the rate changes after a reservation is completed, the rate schedule applied at the time of reservation shall continue to apply.
After the Rental Agreement is concluded, the Renter may not change the Rental Conditions without the Company’s prior consent.
1. The Company shall provide a Rental Car that has been inspected and, where necessary, maintained in accordance with Articles 47-2 (Daily Inspection and Maintenance) and 48 (Periodic Inspection and Maintenance) of the Road Transport Vehicle Act.
2. The Renter or driver shall confirm that the inspections have been performed, that inspection of the exterior and Equipment against the prescribed checklist reveals no maintenance defect, and that the Rental Car satisfies the Rental Conditions.
3. If a defect is found during that confirmation, the Company shall promptly perform the necessary maintenance.
4. The Renter or driver is solely responsible for properly installing the child seat. The Company accepts no responsibility for its installation.
1. On delivery, the Company shall issue the prescribed rental certificate containing the information required by the competent transport authority.
2. The Renter or driver must carry the rental certificate from delivery until return (the “Rental Period”).
3. If it is lost, the Renter or driver must immediately notify the Company and follow its instructions.
4. The certificate must be returned with the Rental Car.
1. During the Rental Period, the Renter or driver shall use and store the Rental Car with the care of a prudent manager.
2. The Rental Car must be used in strict compliance with applicable laws, the Terms, and the operating instructions.
Before using the Rental Car each day, the Renter or driver shall perform the daily inspection required by Article 47-2 of the Road Transport Vehicle Act and carry out any necessary maintenance.
During the Rental Period, the Renter or driver must not: (1) use the Rental Car for a motor transport business or similar purpose without the Company’s consent and required legal permission; (2) use it for an unauthorized purpose or permit an unlisted or unapproved person to drive; (3) sublet it, pledge it as security, or otherwise infringe the Company’s rights; (4) forge or alter its registration or number plate, remodel it, or otherwise change its original condition; (5) use it for tests or competitions, or to tow or push another vehicle, without consent; (6) use it in violation of law or public order and morals; (7) drive after drinking alcohol; (8) smoke inside it without consent; (9) obtain separate non-life insurance for it without consent; (10) take it outside Japan; (11) use it for filming or events without consent; (12) carry two persons if it is a motorcycle; (13) otherwise breach the Rental Conditions; (14) remove or take outside the vehicle any navigation, audio, or other equipment, or use onboard tools or parts for another vehicle, without consent; or (15) carry a pet without consent.
1. If the Rental Car is illegally parked, the Renter or driver shall immediately appear at the police station having jurisdiction, pay the violation fine and related amounts, and bear all towing, storage, and collection costs.
2. If notified by police, the Company may instruct the Renter or driver to move the vehicle and handle the violation by the end of the Rental Period or by another specified time. The Renter or driver shall comply. The Company may collect a vehicle moved by police.
3. Any rental overrun caused by illegal parking is subject to the extension charges under Article 21.
4. The Company may verify completion using the violation notice, payment notice, receipt, or similar evidence. Until completed, the Company may repeat its instructions. Non-compliance permits the Company, without notice, to terminate the Rental Agreement and demand immediate return. The Renter or driver shall sign the prescribed acknowledgement admitting the illegal parking and agreeing to follow the legal procedure.
5. The Renter or driver consents to the Company’s cooperation with police and the Public Safety Commission, including submission of the acknowledgement, rental certificate, personal information, and other necessary materials.
6. If the Company pays an illegal-parking surcharge or bears costs of locating the Renter or driver or moving, storing, or collecting the vehicle, the Renter or driver shall reimburse the full amount by the date specified. If the surcharge order is later canceled and the Company receives a refund, the corresponding refunded amount shall be returned.
7. The Company may refuse future rentals if it receives an illegal-parking surcharge order or the amount claimed under paragraph 6 is not paid by the specified date.
1. The Renter or driver shall return the Rental Car and Equipment to the Company at the prescribed location by the end of the Rental Period.
2. Unless the breach results from force majeure, failure to comply requires payment of Rental Charges for the period from expiry until actual return, plus compensation for all resulting damage to the Company.
3. If return within the Rental Period is impossible because of force majeure, the Renter and driver are not liable for resulting damage, but must immediately contact the Company and follow its instructions.
1. The Renter or driver shall replenish the fuel and return the Rental Car and Equipment in the presence of Company staff and in the same condition as at delivery, except for normal wear and deterioration. Fuel replenishment may be replaced by payment of the fuel settlement charge under Article 22.2.
2. The Renter or driver shall confirm that no belongings of any renter, driver, or passenger remain. After return, the Company assumes no responsibility for storing items left behind.
1. If the Rental Period is extended with approval under Article 12, the Renter or driver shall pay the separately prescribed extension charge at return.
2. If an extension is unavoidable, the departure office must be contacted and approval obtained before the return deadline. If the vehicle is returned late without approval, the Renter shall pay the extension charge plus a contractual penalty of JPY 100,000.
1. Any unpaid extension charge or other unsettled amount must be paid immediately at return.
2. If fuel has not been replenished, the Renter or driver shall immediately pay the fuel settlement charge calculated according to the separately prescribed conversion table and distance driven.
1. If the Rental Car or Equipment is not returned after expiry and a demand for return is ignored, the Company may take civil and criminal legal action.
2. The Company may take necessary measures to locate the Rental Car and Equipment, including inquiries to family members, relatives, employers, and other related persons, and use of a vehicle location system.
3. The Renter or driver shall pay Rental Charges for the period from expiry until recovery and compensate all damage under Article 28, including search, recovery, and tracing costs.
4. If the vehicle remains unreturned and the Renter or driver cannot be contacted for three or more days after the due date, the Company may deem the vehicle stolen by the Renter or driver and file a theft report with the competent police station.
1. Upon discovering any abnormality or breakdown, the Renter or driver shall immediately stop driving, contact the Company, and follow its instructions.
2. If caused intentionally or negligently by the Renter or driver, that person shall compensate the Company under Article 28, including collection and repair costs.
3. If caused by a defect existing before rental, the Company shall offer a Substitute Rental Car.
4. If the Renter declines the substitute or none can be supplied, the Rental Agreement shall end and the Company shall refund the balance remaining after deducting Rental Charges corresponding to the period from delivery until termination.
1. If an accident involving the Rental Car occurs, the Renter or driver shall immediately stop driving, take all legally required measures regardless of severity, and: (1) immediately report the circumstances to the Company and follow its instructions; (2) have repairs made only by the Company or a workshop designated by it unless otherwise approved; (3) cooperate with investigations by the Company and its insurer and promptly submit requested documents; and (4) obtain the Company’s prior consent before settling or otherwise agreeing with the other party.
2. In addition, the Renter or driver shall handle and resolve the accident at their own responsibility.
3. The Company shall advise and cooperate with the Renter or driver in resolving the accident.
The Renter or driver shall: (1) immediately report to the nearest police station; (2) immediately report the circumstances to the Company and follow its instructions; and (3) cooperate with investigations by the Company and its insurer and promptly submit requested documents.
1. If the Rental Car becomes unusable because of accident, theft, or another cause, including failure to satisfy statutory standards, the Rental Agreement shall terminate and the Rental Car and Equipment must immediately be returned under Chapter 5.
2. The Renter shall immediately pay any unsettled or fuel settlement charge and compensate the Company under Article 28, including collection and repair costs. Rental Charges already paid shall not be refunded.
3. If the event is attributable to neither the Renter or driver nor the Company, the Company shall refund the balance after deducting Rental Charges for the period from delivery until termination.
4. Except for the measures in this Article, no claim may be made against the Company for loss arising from inability to use the Rental Car.
1. If the Renter or driver causes damage to a third party or the Company during use, the Renter or driver shall compensate that damage, except where it is not attributable to either of them.
2. For loss caused because the Company cannot use the Rental Car or Equipment due to accident, theft, breakdown, soiling, odor, or another cause attributable to the Renter or driver, the Renter or driver shall pay the separately prescribed business interruption compensation.
3. If the Renter or driver causes an accident in violation of Article 17(7) (prohibition of drunk driving), no excuse shall release that person from responsibility. A contractual penalty of JPY 300,000 shall be paid to the Company, in addition to compensation for all resulting damage.
1. If an accident involving the Rental Car occurs, insurance benefits shall be paid under the Company’s non-life insurance policy up to the limits below. If the Renter or driver has separate applicable insurance, that insurance shall apply first.
Coverage limits: Bodily injury liability - Unlimited per person. Property damage liability - Unlimited per accident (JPY 70,000 deductible). Vehicle damage - Unlimited per accident (JPY 100,000 deductible). Passenger/personal accident - JPY 30,000,000 per person.
2. No insurance benefit will be paid if an exclusion under the insurance policy applies.
3. The Renter or driver bears in full any uninsured loss and any amount exceeding the coverage limit.
4. If the Company pays an amount that should be borne by the Renter or driver, that amount shall be reimbursed immediately.
5. Deductibles under paragraphs 1 and 2 are borne by the Renter or driver.
6. Insurance may not cover negligence arising from reckless driving, including driving off public roads (such as circuits), on rough roads, or in motor races; the Renter or driver may be liable for the full amount.
1. If the Renter or driver violates the Terms during use or comes to fall under Article 9.1 or 9.2, the Company may terminate the Rental Agreement without notice and demand return. The Rental Car and Equipment must immediately be returned under Chapter 5, and all unsettled and fuel settlement charges must immediately be paid.
2. No Rental Charges already received shall be refunded in such a case.
1. During use, the Renter may terminate the Rental Agreement with the Company’s consent and payment of the separately prescribed termination fee. The Company shall refund the balance after deducting Rental Charges corresponding to the period from delivery until return.
2. In addition to the termination fee, all unsettled and fuel settlement charges shall immediately be paid under Article 22.
The Company may at any time set off any monetary obligation it owes to the Renter or driver under the Terms against any monetary obligation owed by the Renter or driver to the Company.
The Renter or driver shall pay consumption tax, including local consumption tax, imposed on transactions under the Terms.
If the Renter or driver fails to perform a monetary obligation under the Terms, late-payment damages shall be paid to the Company at 14.6% per annum.
1. The Company may separately establish detailed rules having the same effect as the Terms.
2. Detailed rules and amendments shall be posted at Company offices and stated in Company brochures, rate schedules, and similar materials.
1. The Renter and driver acknowledge and agree that a Rental Car may be equipped with a Global Positioning System (GPS) and dashboard camera, that its current position, route, driving conditions, and other information may be recorded, and that the Company may use those records: (1) when it determines that driving information is needed to manage the Rental Car or Rental Agreement; and (2) for marketing analysis, improvement of products and services, and enhancement of customer satisfaction.
2. The records may be disclosed to the extent necessary when disclosure is required by law or requested or ordered by a court, investigative authority, or administrative agency.
The Company obtains and uses personal information of the Renter or driver for the following purposes. If information is obtained for another purpose, that purpose shall be stated in advance: (1) to perform matters required as a licensed rental-car operator, including preparation of the rental certificate; (2) to provide Rental Cars and related services; (3) to verify identity and conduct screening; (4) to provide information about Rental Cars, used vehicles, other products and services, events, and campaigns by printed advertising, email, or similar means; (5) to conduct surveys for product and service planning and development or improvement of customer satisfaction; and (6) to statistically aggregate and analyze information and create data processed so that individuals cannot be identified.
Any dispute concerning rights or obligations under the Terms shall be subject, as the court of exclusive jurisdiction for the first instance, to the district court having jurisdiction over the location of the Company’s head office.
These Terms shall take effect on September 15, 2022.