Section 1.
Article 1 (Application of General Conditions)
The Company shall lend the rental vehicle (hereinafter referred to as ‘RENTAL CAR’) to the Borrower in accordance with these General Conditions of Carriage (hereinafter referred to as ‘General Conditions’) and the Bylaws, and the Borrower shall borrow the rental vehicle on the understanding of the General Conditions and the Bylaws.
Any matters not provided for in the General Conditions and Bylaws shall be in accordance with laws, regulations or general custom.
2 The Company may accept special agreements to the extent that they do not contravene the intent of the General Terms and Conditions and Bylaws, laws and regulations or general custom. In the event of any special agreement, such special agreement shall prevail over these General Conditions and Bylaws.
3 If the Lessee designates a driver different from the Borrower when concluding the Rental Agreement, the Borrower shall ensure that the driver is informed of and complies with the obligations stipulated for the driver in the General Conditions and Bylaws.
Section 2.
Article 2 (Application for reservation)
When renting a rental car, the lessee agrees to the Company's prescribed tariffs, etc. and makes a reservation in the manner prescribed by the Company, specifying in advance the vehicle class, purpose of use, starting date and time of rental, place of rental, rental period, return location, driver, whether or not accessories such as child seats are required and other rental conditions (hereinafter referred to as ‘conditions of rental’). The Company may make an application for a reservation.
2 When the Company receives a reservation application from the Lessee, the Company shall, in principle, accept the reservation within the rental car in the possession of the Company and the Conditions of Hire accepted by the Company. In this case, the Lessee shall pay the reservation application fee prescribed by the Company, unless otherwise authorised by the Company.
Article 3 (Changes to Reservations)
The Lessee shall obtain the Company's approval if he/she wishes to change the terms and conditions of the hire.
Article 4 (Cancellation of Reservations, etc.)
The Lessee and the Company shall enter into a rental agreement for the rental car by the date and time of the commencement of the rental as stipulated in Article 2.1.
2 The Lessee and the Company may cancel the reservation in the manner prescribed by the Company. If the rental agreement (hereinafter referred to as ‘rental agreement’) has not been concluded at least one hour after the reserved rental start time, the reservation shall be deemed to have been cancelled, irrespective of the circumstances.
3 If the reservation is cancelled for the Lessee's convenience, the Lessee shall pay to the Company a cancellation fee prescribed by the Company as separately specified, and the Company shall return to the Lessee the reservation deposit received upon payment of such cancellation fee.
4 If the reservation is cancelled for reasons attributable to the Company, the Company shall return the reservation deposit received to the Lessee and shall also pay a penalty prescribed by the Company.
5 If a rental agreement is not concluded for reasons other than those set out in the preceding two paragraphs, the reservation shall be deemed to have been cancelled. In such a case, the Company shall return the deposit received to the Borrower.
6 The Lessee and the Company shall not make any mutual claims against each other in respect of the cancellation of the reservation and the failure to conclude a rental agreement, except as provided for in this Article and the following Article.
Article 5 (Alternative Rental Cars)
1 If the Company is unable to rent a rental car that meets the conditions reserved by the Lessee, such as car class, accessories, non-smoking or smoking vehicles, transmission specifications, etc. (hereinafter referred to as ‘Conditions’), the Company shall immediately notify the Lessee to that effect.
2 If, in the case of the preceding paragraph, it is possible to rent a rental car under conditions other than those for which a reservation has been made, the Company may, notwithstanding paragraphs 4 and 5 of the preceding Article, apply to the Lessee for the rental of a rental car with conditions different from those for the reservation (hereinafter referred to as ‘Alternative Rental Car’).
3 If the Lessee accepts the application in the preceding paragraph, the Company shall rent the replacement Rental Car under the same terms and conditions as those of the reservation, except for the terms and conditions not fulfilled at the time of reservation. In this case, the Lessee shall pay the lower of the rental fee for the replacement Rental Car or the rental fee for the Rental Car with the reserved conditions, whichever is lower.
4 If the Lessee rejects the application under paragraph 2, the reservation shall be cancelled and paragraph 5 of the preceding article shall apply to the treatment of the reservation deposit etc.
Article 6 (Booking services on behalf of the Company)
The Lessee may make an application for a reservation at a Toyota Car Rental reservation centre, travel agency, partner company, etc. (hereinafter referred to as ‘Agency’) that handles reservation operations on behalf of the Company.
2 When the borrower makes an application under the preceding paragraph, the borrower shall make a change or cancellation of the reservation to the agent who made the application.
Section 3.
Article 7 (Conclusion of rental agreement)
1 The Borrower shall conclude the Rental Agreement by specifying the conditions of hire and the Company shall conclude the Rental Agreement by specifying the conditions of loan by means of the General Conditions of Carriage, Tariff of Charges, etc.
2 In accordance with Basic Notices 2 (10) and (11), the Company shall enter the driver's name, address, type of driver's licence and driver's licence number in the rental book (rental slip) and the rental certificate stipulated in Article 13, or attach a copy of the driver's driver's licence, and shall request the borrower, upon conclusion of the rental agreement, to The Company shall require the Borrower to present the driver's licence and, if the Company deems it necessary, to submit a copy of the driver's licence. In this case, the borrower shall present his/her own driver's licence if he/she is the driver and submit a copy of it if requested by the Company, or if the borrower and the driver are different, the Company shall have the driver present his/her driver's licence and submit a copy of it if requested by the Company.
3 Upon conclusion of the rental agreement, the Company may request the Borrower to submit documents proving his/her identity in addition to the driver's licence and take a copy of the submitted documents.
4 Upon conclusion of the rental agreement, the Company shall request the borrower or the driver to provide emergency contact details such as a mobile phone number.
5 Upon conclusion of the rental agreement, the Company may specify to the borrower a payment method such as credit card or cash.
6 The Company may refuse to conclude the rental agreement and cancel the reservation if the borrower or driver does not comply with the preceding five paragraphs. In this case, Article 4.5 shall apply to the handling of the reservation deposit, etc.
Article 8 (Refusal to rent the vehicle)
The Company may refuse to conclude a rental agreement and cancel the reservation if the borrower or driver falls into any of the following categories.
(1) When the renter or driver does not possess the necessary driving licence to drive the rental vehicle.
(2) If the person is found to be under the influence of alcohol.
(3) If the driver is deemed to be suffering from intoxication by narcotics, stimulants, thinner, etc.
(4) When an infant under 6 years of age is being carried in the vehicle, despite the absence of a child seat.
(5) When the vehicle is registered in the information management system of the National Car Rental Association (hereinafter referred to as the ‘ZENREKYO System’) or the list of persons of caution for lending and borrowing shared between Toyota Motor Corporation and Toyota Rental & Lease Stores (hereinafter referred to as the ‘List of persons of caution for lending and borrowing’) as provided in Article 26.
(6) If the person is deemed to be a member or associated person of a designated crime syndicate, a designated crime syndicate-related organisation, or belongs to any other anti-social organisation.
(7) If, in connection with a transaction with the Company, the person uses violent acts or language or demands a burden in excess of a reasonable range from the Company's employees or other persons concerned.
(8) spreads rumours, or uses false information or force to undermine the Company's credibility or obstruct its business
(9) If it violates the General Terms and Conditions or the Bylaws.
(10) If the Company otherwise deems it inappropriate.
2 Notwithstanding the preceding paragraph, the Company may refuse to conclude a rental agreement and cancel the reservation in the following cases as well.
(1) When there is no rental vehicle available for hire.
(2) When the rented vehicle is not equipped with a child seat even though the renter or driver has an infant under 6 years of age as a passenger.
3 Paragraphs 3 to 6 of Article 4 shall apply to the handling of the reservation deposit, etc. in the event that the Company refuses to conclude the rental agreement in accordance with the preceding two paragraphs.
Article 9 (Formation of rental agreement, etc.)
The rental agreement shall come into effect when the borrower signs the rental agreement and the Company delivers the rental vehicle (including accessories, hereinafter the same) to the borrower. The rental agreement shall be concluded when the borrower signs the rental agreement and the Company delivers the rental car (including accessories, the same hereinafter) to the borrower. In this case, the deposit received shall be applied as part of the rental fee.
2 The delivery referred to in the preceding paragraph shall take place at the date and time of commencement of the hire and at the place of hire as stipulated in Article 2.
Article 10 (Rental Charges)
When a rental agreement is concluded, the Borrower shall pay to the Company the rental charges as set out in the following paragraph.
2 The Charges for the Rental shall mean the total of the following amounts and the Company shall clearly indicate the respective amounts or their reference in its tariffs.
(1) Basic charge
(2) Exemption compensation charge
(3) Special equipment charge
(4) Fuel charge
(5) Pick-up and dispatch charge
(6) Other charges
3 The basic charge shall be based on the charges notified to and implemented by the Director of the Land Transport Office of the Regional Transport Bureau, the Director of the Hyogo Land Transport Department of the Kobe Transport Control Division or the Director of the Land Transport Office of the Okinawa General Bureau at the time of rental of the rental car.
4 If the Company revises the rental charges after the reservation under Article 2 has been completed, the Lessee shall pay the lower of the charges applied at the time the reservation was completed or the charges at the time of rental.
Article 8 (Refusal to rent the vehicle)
The Company may refuse to conclude a rental agreement and cancel the reservation if the borrower or driver falls into any of the following categories.
(1) When the renter or driver does not possess the necessary driving licence to drive the rental vehicle.
(2) If the person is found to be under the influence of alcohol.
(3) If the driver is deemed to be suffering from intoxication by narcotics, stimulants, thinner, etc.
(4) When an infant under 6 years of age is being carried in the vehicle, despite the absence of a child seat.
(5) When the vehicle is registered in the information management system of the National Car Rental Association (hereinafter referred to as the ‘ZENREKYO System’) or the list of persons of caution for lending and borrowing shared between Toyota Motor Corporation and Toyota Rental & Lease Stores (hereinafter referred to as the ‘List of persons of caution for lending and borrowing’) as provided in Article 26.
(6) If the person is deemed to be a member or associated person of a designated crime syndicate, a designated crime syndicate-related organisation, or belongs to any other anti-social organisation.
(7) If, in connection with a transaction with the Company, the person uses violent acts or language or demands a burden in excess of a reasonable range from the Company's employees or other persons concerned.
(8) spreads rumours, or uses false information or force to undermine the Company's credibility or obstruct its business
(9) If it violates the General Terms and Conditions or the Bylaws.
(10) If the Company otherwise deems it inappropriate.
2 Notwithstanding the preceding paragraph, the Company may refuse to conclude a rental agreement and cancel the reservation in the following cases as well.
(1) When there is no rental vehicle available for hire.
(2) When the rented vehicle is not equipped with a child seat even though the renter or driver has an infant under 6 years of age as a passenger.
3 Paragraphs 3 to 6 of Article 4 shall apply to the handling of the reservation deposit, etc. in the event that the Company refuses to conclude the rental agreement in accordance with the preceding two paragraphs.
Article 9 (Formation of rental agreement, etc.)
The rental agreement shall come into effect when the borrower signs the rental agreement and the Company delivers the rental vehicle (including accessories, hereinafter the same) to the borrower. The rental agreement shall be concluded when the borrower signs the rental agreement and the Company delivers the rental car (including accessories, the same hereinafter) to the borrower. In this case, the deposit received shall be applied as part of the rental fee.
2 The delivery referred to in the preceding paragraph shall take place at the date and time of commencement of the hire and at the place of hire as stipulated in Article 2.
Article 10 (Rental Charges)
When a rental agreement is concluded, the Borrower shall pay to the Company the rental charges as set out in the following paragraph.
2 The Charges for the Rental shall mean the total of the following amounts and the Company shall clearly indicate the respective amounts or their reference in its tariffs.
(1) Basic charge
(2) Exemption compensation charge
(3) Special equipment charge
(4) Fuel charge
(5) Pick-up and dispatch charge
(6) Other charges
3 The basic charge shall be based on the charges notified to and implemented by the Director of the Land Transport Office of the Regional Transport Bureau, the Director of the Hyogo Land Transport Department of the Kobe Transport Control Division or the Director of the Land Transport Office of the Okinawa General Bureau at the time of rental of the rental car.
4 If the Company revises the rental charges after the reservation under Article 2 has been completed, the Lessee shall pay the lower of the charges applied at the time the reservation was completed or the charges at the time of rental.
Article 11 (Changes to the conditions of hire)
If the borrower wishes to change the terms and conditions of the hire agreement as per Article 7 after the conclusion of the hire agreement, the borrower must obtain the Company's approval.
Article 12 (Inspection and maintenance, etc.)
The Company shall carry out the inspections stipulated in Article 47-2 (Daily Inspection and Maintenance) and Article 48 (Periodic Inspection and Maintenance) of the Road Vehicles Act, and shall provide the Rented Vehicle for hire after the necessary maintenance has been carried out.
2 On the rental of the Rental Vehicle, the Lessee or the Driver shall inspect the exterior of the vehicle and its accessories in accordance with the separately specified inspection list to ensure that the Rental Vehicle is free from any defects in maintenance, etc. and that the Rental Vehicle meets the terms and conditions of the rental agreement.
Article 13 (Delivery and carrying of the rental certificate, etc.)
When the Company delivers the rental vehicle, it shall deliver to the renter a prescribed rental certificate in writing (including by electromagnetic means such as e-mail) stating the details specified by the Director-General of the District Transport Bureau, the Hyogo Land Transport Department of the Kobe Transport Control Division or the Land Transport Office Manager of the Okinawa General Bureau. The borrower or driver shall deliver to the lessee the prescribed certificate of loan in writing (including by e-mail or other electromagnetic means).
(2) The borrower or the driver must carry (including by electromagnetic record) the rental certificate issued in accordance with the preceding paragraph during use of the rental vehicle. The hirer or driver must carry the rental card issued in accordance with the preceding paragraph while using the vehicle.
3 If the borrower or driver loses the rental card, he/she shall immediately notify the Company of the loss.
Paragraph 4.
article 14 (management responsibility of the lessee).
The RENTER or DRIVER shall use and keep the RENTAL CAR with the care of a good manager from the time the RENTER or DRIVER takes delivery of the RENTAL CAR until it is returned to the Company (‘in use’).
2 The RENTER or DRIVER shall use the RENTAL CAR in compliance with all laws, regulations, terms and conditions, bylaws, operating instructions and any other usage instructions provided by the Company when using the RENTAL CAR.
3 If the RENTER or DRIVER uses toll roads such as motorways, toll parking lots or other toll services while using the RENTER or DRIVER, the RENTER or DRIVER shall pay the toll charges, etc. to the toll service provider at his/her own responsibility.
4 If the Company receives an enquiry from a toll road operating company, etc. (hereinafter referred to as ‘Toll Road Operating Company’) concerning non-payment of toll charges, etc. by the Lessee or Driver when the Lessee or Driver uses the ETC System, the Company may disclose to the Toll Road Operating Company, etc. information concerning the Lessee or Driver. The Lessee or the Driver agrees to this.
Article 15 (Daily Inspection and Maintenance)
The Lessee or the Driver must carry out the daily inspection and maintenance of the Rented Vehicle as stipulated in Article 47-2 (Daily Inspection and Maintenance) of the Road Vehicles Act before using the Rented Vehicle every day during the period of use.
Article 16 (Prohibited acts)
The RENTER or the DRIVER shall not do any of the following acts during use
(1) Use the Rented Car for motor transport business or similar purposes without the Company's consent and permission under the Road Transport Act.
(2) use the rented vehicle for any purpose other than the prescribed use or allow any person other than the driver stipulated in Article 7 to drive the rented vehicle
(3) subletting the car rental, allowing a third party to use it or using it as collateral for any other purpose, etc.
(4) Forging or altering the vehicle registration number plate or vehicle number plate of the rental car, or altering the original state of the rental car, such as remodelling or refurbishing it.
(5) Use the Rental Vehicle for any kind of test or competition (including those deemed as competition by the Company), or to tow or push another vehicle, without the Company's consent.
(6) Use the rented vehicle in violation of the law or public order and morals.
(7) take out damage insurance for the rental car without the Company's consent.
(8) Take the rented car outside Japan.
(9) To do anything that will cause significant inconvenience to the Company or other renters (including, but not limited to, leaving items, etc. inside the rental car, smoking in a non-smoking vehicle, or otherwise defacing the rental car).
(10) To commit any other act in breach of the conditions of hire or rental as stipulated in Article 7.
Article 17 (Illegal Parking)
If the Lessee or the Driver illegally parks the Rented Car in accordance with the Road Traffic Law, the Lessee or the Driver shall immediately report to the police station with jurisdiction over the area of illegal parking (hereinafter referred to as ‘police station with jurisdiction’) and pay, at his/her own responsibility and expense, the penalty for illegal parking and other costs for towing, storage, pick-up, etc. associated with illegal parking (hereinafter referred to as ‘violation disposal’). The Company shall, at its own responsibility and expense, pay the penalty fines, etc. for illegal parking and the costs of towing, storage, pick-up, etc. associated with illegal parking (hereinafter referred to as ‘violation disposal’).
2 When the Company is informed by the police of the illegal parking of the Rented Car, the Company shall inform the Lessee or the Driver and instruct them to move the Rented Car as soon as possible and to present themselves at the police station with jurisdiction for disposal of the violation by the end of the Rented Car rental period or by the time instructed by the Company and the Lessee or the Driver shall comply with such instructions. The hirer or driver shall comply with this instruction. In the event that the Rented Car is moved by the police, the Company may, at its discretion, take the Rented Car back from the police itself.
3 After giving the instructions in the preceding paragraph, the Company shall, at its discretion, check the status of the violation by means of the traffic infringement notice and the payment/receipt, etc. If the violation has not been dealt with, the Company shall repeat the instructions in the preceding paragraph to the lessee or driver until the violation is dealt with. If the lessee or driver does not comply with the instructions in the preceding paragraph, the Company may cancel the rental agreement without any notice or demand and demand the immediate return of the rental car, and the lessee or driver must acknowledge the fact of illegal parking, and that they will report to the police station and follow the legal measures as a violator. The renter or driver shall sign a document (hereinafter referred to as ‘Self-Acknowledgement’) prescribed by the Company to the effect that he/she acknowledges the fact of illegal parking and that he/she will appear at a police station, etc. and comply with legal measures as a violator.
4 Notwithstanding the provisions regarding the handling of personal information at the beginning of the General Conditions of Carriage, the Lessee or the Driver shall, if deemed necessary by the Company, provide the police with the necessary cooperation, including the submission of documents containing personal information such as a written self-identification and the Rental Certificate, and shall also provide the Public Safety Commission with the written statement of defence, written self-identification and I agree to submit materials such as the Rental Certificate.
5 If the RENTER or the DRIVER fails to dispose of the violation by the time the RENTER or the DRIVER returns the RENTAL CAR, if the Company bears the costs of searching for the RENTER or the DRIVER or the RENTAL CAR (‘Search Costs’) or if the Company bears the costs of moving, storing and picking up the vehicle (‘Vehicle Management Costs’), etc. In such cases, the RENTER shall pay the following costs to the COMPANY by the date specified by the COMPANY.
(1). the amount equivalent to the Abandonment Charge
(2). Search and vehicle management costs.
6 If the Company refunds the parking fines to the Lessee after the Lessee has paid the parking fines to the Company in accordance with the preceding paragraph and the parking fines are refunded to the Company as a result of the Lessee paying the fines for the parking violation in question or having a prosecution filed or a family court appeal brought against the Company, the Company shall return the parking fines to the Lessee.
7 If the Company receives an order to pay the parking fines under the preceding paragraph, or if the Borrower fails to pay the full amount demanded under the same paragraph by the date specified by the Company, the Company shall take such measures as registering the Borrower's name, date of birth, driver's licence number, etc. in the ZENREKYO system and the Borrower shall consent thereto.
Article 18 (GPS Function)
The RENTER and the DRIVER agree that the RENTAL CAR may be equipped with a Global Positioning System (‘GPS Function’) and that the current location and route of the RENTAL CAR will be recorded in the system prescribed by the Company, and that the Company will use such recorded information for the following purposes.
(1) To confirm that the rental vehicle has been returned to the prescribed location at the end of the rental agreement.
(2) To confirm the current location of the rental vehicle, etc., in the cases provided for in each item of Article 25.1 and when deemed necessary for the management of the rental vehicle or the fulfilment of the rental agreement, etc.
(3) To use the information for marketing analysis to improve the quality of products, services, etc. provided to the hirer and driver and to improve customer satisfaction.
2 The RENTER and the DRIVER agree that the Company may provide the recorded information set out in the preceding paragraph to TOYOTA after processing it into a form that does not identify or specify the individual RENTER and DRIVER, and that TOYOTA may use such recorded information for the purpose of research and development for traffic system and map generation technology.
3 The Lessee and the Driver agree that the Company may disclose the information recorded by the GPS function in Paragraph 1 to the extent necessary in the event that the Company is required to do so by law or receives a request or order for disclosure from a court, administrative body or other public authority.
Article 19 (Drive Recorder)
The Hirer and the Driver agree that the Rented Vehicle may be equipped with a drive recorder and that the driving conditions of the Hirer and the Driver will be recorded and that the Company will use such recorded information for the following purposes.
(1) In the event of an accident, to ascertain the circumstances surrounding the accident.
(2) to check the driving conditions of the lessee and the driver, if deemed necessary for the management of the rental car or the fulfilment of the rental agreement, etc.
(3) To use the information for marketing analysis to improve the quality of products and services provided to the lessee and driver, and to improve customer satisfaction.
2 The Borrower and the Driver agree that the Company may provide the recorded information set out in the preceding paragraph to the Company after processing it into a form that does not identify or specify the individual Borrower or Driver.
3 The Lessee and the Driver agree that the Company may disclose the information recorded by the drive recorder under paragraph 1 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 (ETC Card Lending Service)
When using the ETC Card Rental Service, the RENTER and the DRIVER shall agree to the following
(1) The tolls during use shall be settled in full for the information recorded on the IC chip of the ETC card when the rental car is returned.
*There are toll adjustments or discounts that are not recorded on the IC chip.
(Transit toll adjustments at road closures, ETC discount services of some road operators).
(2) Additional reimbursement is made if unpaid tolls are discovered at a later date as follows.
(1) If the toll is found to be undeclared.
(3) When the toll history and amount cannot be checked due to a malfunction of the ETC card or the payment machine.
When the ETC card is returned to a Toyota Rent-A-Rental shop that is unable to check the traffic history for some reason.
(3) In the event of loss or theft of the ETC card, the lessee and the driver shall inform the Company and compensate the Company for any damage caused by unauthorised use by a third party resulting from such loss or theft.
(4) The Lessee and the Driver shall deal with any problems caused by the negligence of the Lessee and the Driver (except in the case of a traffic accident which shall be recognised as a traffic accident) and the Company shall not be liable for any such problems.
(5) The ETC Card shall not be lent to any third party.
(6) If the rented car and the ETC card are not returned despite the expiry of the rental period, the renter agrees that the Company may request the road operator to suspend the use of the rented ETC card.
(7) If the road operator inquires about the ETC card user (including after the expiry of the rental period), the Company shall disclose the user's personal information, including name, address and contact details, upon request.
Paragraph 5.
article 21 (responsibility of the hirer to return the vehicle)
The RENTER shall return the RENTAL CAR to the COMPANY at the designated place of return by the expiry of the RENTER TERM.
2 If the RENTER is unable to return the RENTAL CAR within the RENTAL PERIOD due to a natural disaster or other force majeure, the RENTER shall immediately inform the Company and follow the Company's instructions.
Article 22 (Checking the Rented Car, etc.)
1 The RENTER shall return the RENTAL CAR in the presence of the COMPANY in the condition in which it was delivered, except for deterioration or wear resulting from normal use or damage caused by reasons not attributable to the RENTER or the DRIVER.
2 When returning the Rented Car, the RENTER shall ensure that there are no items left behind by the RENTER, the DRIVER or the passengers in the Rented Car.
Article 23 (Time of return of the rental car, etc.)
When the hire period is extended in accordance with Article 11, the Lessee shall pay the lower of the rental fee corresponding to the changed hire period or the sum of the rental fee before the change and the excess fee.
2 If the RENTER returns the RENTAL CAR after the RENTAL PERIOD has been extended without the Company's consent in accordance with Article 11, the RENTER shall pay, in addition to the charges mentioned in the preceding paragraph, a penalty fee equal to twice the excess charge for the excess time.
Article 24 (Place of return of the rental car, etc.)
If the RENTER changes the designated place of return in accordance with Article 11, the RENTER shall bear the costs of the return journey (hereinafter referred to as ‘return journey costs’) necessitated by the change of the place of return.
2 If the RENTER returns the RENTAL CAR to a place other than the designated place of return without the Company's consent in accordance with Article 11, the RENTER shall pay a penalty fee equal to twice the cost of the return journey.
Article 25 (Measures to be taken if the rental car is not returned)
If any of the following items apply to the renter, the Company shall take the necessary measures to confirm the whereabouts of the rented car using the GPS function, report the non-return of the rented car to the National Car Rental Association and register it in the ZENREKYO system, in addition to legal proceedings such as filing a criminal complaint, The renter agrees to these measures.
(1) The Renter does not respond to the Company's request for the return of the Rented Vehicle despite the expiry of the Rental Period.
(2) if the whereabouts of the Lessee are unknown or otherwise deemed to be unreturnable.
(2) In the case of each item of the preceding paragraph, the Lessee shall pay to the Company the costs and other expenses incurred by the Company in searching for the Lessee and in collecting the Rented Car.
Article 26 (Agreement on registration and use of rental information)
Notwithstanding the provisions on the handling of personal information at the beginning of the General Conditions of Carriage, the Borrower agrees that if any of the following items applies, information based on the objective fact of the rental including the name, date of birth and driver's licence number of the Borrower (hereinafter referred to as ‘Rental Information’) will be registered in the ZENREKYO system and the Rental Notice List for a period not exceeding 7 years The Borrower agrees that.
(1) The Borrower or the Driver fails to pay to the Company the parking fines specified in Article 17.5 by the date specified by the Company.
(2) If any of the items of paragraph 1 of the preceding Article is applicable.
2 Notwithstanding the provisions on the handling of personal data at the beginning of the General Conditions of Carriage, the Lessee agrees to the following.
(1) That the rental information registered in the ZENREKYO system will be used by the National Car Rental Association and each of the member Prefectural Car Rental Associations and their member businesses.
(2) The information on rentals registered in the Rental Notice List will be used by Toyota Motor Corporation and Toyota Rental & Lease shops.
Paragraph 6.
Article 27 (Malfunction of the Rented Car)
If the hirer or driver discovers any abnormality or breakdown of the hire car during use, he/she shall immediately stop driving, inform the Company and follow the Company's instructions.
Article 28 (Accidents)
In the event of an accident involving the Rented Car during use, the Lessee or the Driver shall immediately stop driving the Rented Car and, regardless of the size of the accident, shall take the measures required by law and shall take the following measures.
(1) Immediately report the circumstances of the accident to us and follow our instructions.
(2) carry out repairs to the rental vehicle in accordance with the instructions given in the preceding item, unless otherwise authorised by the Company, at the Company or a factory designated by the Company; and
(3) To co-operate with the investigation of the accident by the Company and the insurance company with which the Company has a contract and to submit without delay the documents, etc. required by the Company and the insurance company.
(4) obtain the Company's prior consent before settling or otherwise agreeing with the other party in relation to the accident.
2 In addition to the preceding paragraph, the Lessee or the Driver shall handle and resolve the accident at his/her own risk.
3 The Company shall advise the Lessee or the Driver on the handling of the accident and shall co-operate in the resolution of the accident.
4 The Company shall record the circumstances of the accident, such as the occurrence of an impact or sudden braking of the vehicle with a drive recorder or on-board accident recorder, or both, for the purpose of confirming the circumstances of the accident.
5 We shall, if deemed necessary, take measures such as verifying the records referred to in the preceding paragraph.
Article 29 (Theft)
If the rental vehicle is stolen or otherwise damaged during use, the lessee or driver shall take the following measures.
(1) Immediately notify the nearest police station.
(2) Immediately report the damage to us and follow our instructions.
(3) co-operate with the investigation of the Company and the insurance company with which the Company has a contract regarding the theft or damage and submit the documents, etc. required by the Company and the insurance company without delay.
Article 30 (Termination of hire agreement due to loss of use)
1 The Rental Agreement shall be terminated if the Rental Vehicle becomes unusable during the Rental Period due to breakdown, accident, theft or any other reason (hereinafter referred to as ‘breakdown etc.’).
2 In the case of the preceding paragraph, the Borrower shall bear the costs of retrieving and repairing the Rental Car and the Company shall not refund the Rental Charges already received. However, this shall not apply if the breakdown is due to the reasons specified in paragraph 3 or 5.
3 If the breakdown is caused by a defect or fault that existed prior to the rental or by any other failure of the rental vehicle to comply with the terms and conditions of the rental, the hirer may be provided with a replacement rental vehicle by the Company. The conditions for the provision of a replacement rental car shall apply mutatis mutandis to Article 5.3.
4 If the Lessee does not receive a replacement Rental Car as specified in the preceding paragraph, the Company shall refund the rental price received in full. The same shall apply if the Company is unable to provide a replacement rental vehicle.
5 If the breakdown is caused for reasons not attributable to the Lessee, the Driver or the Company, the Company shall refund to the Lessee the balance of the Rental Charges received, less the Rental Charges corresponding to the period from the rental to the end of the Rental Agreement.
6 The Lessee shall not have any claim against the Company for any damage arising from his inability to use the Rental Vehicle other than as provided for in this Article, except for the measures provided for in this Article. However, this excludes cases where the breakdown, etc. was caused by the Company's wilful intent or gross negligence.
Paragraph 7.
article 31 (compensation and business indemnity by the lessee)
If, in connection with the use of the rented vehicle, the Lessee or the driver of the rented vehicle causes damage to the Company's rented vehicles (including vehicles rented on behalf of the Company under Article 38), the Lessee shall indemnify the Company for such damage. The renter shall compensate the Company for any damage caused by the renter or the driver to the Company's rental car (including rental cars rented by proxy under Article 38) in connection with the use of the rented car. However, this excludes cases where the damage is caused by reasons not attributable to the lessee or the driver.
2 If the borrower is liable for damages under the preceding paragraph, the borrower shall pay for damages caused by accidents, theft, breakdowns due to reasons attributable to the borrower or the driver, or the Company's inability to use the rental car due to stains, odours, etc., as set out in the tariff, etc. 3.
3 The Lessee or the Driver shall not be liable for any damage to the Rented Car (including Rented Cars rented by proxy in accordance with Article 38) during the use of the Rented Car by the Lessee. If the renter or driver causes damage to a third party or to the Company during the use of the rented vehicle (including rental vehicles rented by proxy under Article 38), either intentionally or negligently, the renter or driver shall indemnify the Company for such damage.
4 Notwithstanding the preceding paragraphs, in the event of damage caused by a disaster designated as a severe disaster in accordance with Article 2 of the Act on Special Financial Assistance for Dealing with Severe Disasters (Act No. 150 of 1962) (hereinafter referred to as ‘Severe Disaster’), the Company shall compensate the RENTER for damage caused by force majeure in the area designated as such a severe disaster if such damage was caused by loss, damage or other damage. In the case of damage to a Rental Vehicle that has been lost, damaged or otherwise affected by force majeure in an area designated as an Extreme Disaster, the Lessee or the Driver shall not be required to compensate for such damage, except in the case of intentional or gross negligence on the part of the Lessee or the Driver.
Article 32 (Insurance)
If the Lessee is liable for compensation under the General Conditions and Bylaws or the Driver is liable for compensation under Clause 3 of the preceding Article, the Company will provide insurance benefits within the following limits under the damage insurance policy concluded by the Company for the Rented Car. However, this insurance benefit will not be paid if any of the exemptions in the insurance policy apply.
(1) Compensation for bodily injury Unlimited per person (including liability insurance)
(2) Compensation for property, unlimited per accident (deductible of JPY 50 000).
(3) Compensation for vehicles up to market value per accident (deductible of JPY 50,000, except for buses and large cargo vehicles where the deductible is JPY 100,000).
(4) Personal accident compensation Up to JPY 30 million per person.
2 Any damage for which insurance benefits are not provided and any damage in excess of the insurance amount provided for in the preceding paragraph shall be borne by the lessee or driver.
3 When the Company has paid the amount of damages to be borne by the Lessee or the Driver as provided in the preceding paragraph, the Lessee or the Driver shall immediately reimburse the Company for the amount paid by the Company.
4 The Company shall be responsible for any damage equivalent to the insurance deductible stipulated in paragraph 1 if the Borrower has paid an indemnity fee to the Company in advance. However, if no such indemnity fee has been paid, it shall be borne by the Lessee.
5 The amount equivalent to the insurance premium for the damage insurance policy stipulated in paragraph 1 is included in the charter price.
Paragraph 8.
Article 33 (Cancellation of the rental agreement)
The Company may cancel the rental agreement without any notice or demand and demand the immediate return of the rental vehicle if the borrower violates the General Terms and Conditions or the detailed regulations during the rental period. In such a case, the Company shall return to the RENTER the balance, if any, after deducting from the Rental Charges already received, the Rental Charges corresponding to the period between the rental and cancellation and the amount of compensation for damages resulting from the cancellation of the contract.
Article 34 (Consensual Cancellation)
The Borrower may cancel the Rental Agreement with the Company's consent even during the Borrowing Period. In this case, the Company shall return to the Borrower the balance of the Rental Charges already received, less the sum of the Rental Charges corresponding to the period between the Rental and the return of the Vehicle and the cancellation fee.
2 The Lessee shall pay the Company the following cancellation fee in the event of cancellation under the preceding paragraph.
Cancellation fee = {(basic fee corresponding to the scheduled period of hire) - (basic fee corresponding to the period between hire and return)} x 50%.
3 Notwithstanding the provisions of the preceding paragraph, if the borrower has concluded a rental agreement based on a reservation made via a travel agent, the cancellation fee shall be the amount obtained by deducting the ‘rental fee corresponding to the scheduled rental period’ from the ‘rental fee corresponding to the period between rental and return’, or ¥5,500, whichever is lower.
Paragraph 9.
article 35 (offsetting).
The Company may at any time set off any financial obligation owed to the Lessee under the General Conditions and Bylaws against any financial obligation owed by the Lessee to the Company.
Article 36 (Consumption tax)
The Lessee shall pay to the Company any consumption tax (including local consumption tax) imposed on transactions under the General Conditions and Bylaws. The Lessee shall pay to the Company the consumption tax (including local consumption tax) levied on transactions under the Conditions and Bylaws.
Article 37 (Late Payment)
If the Lessee and the Company fail to fulfil their financial obligations under the General Conditions and Bylaws, the Lessee and the Company shall pay to the other party delay damages at the rate of 14.6% per annum.
Article 38 (Substitute Car Rental Operator)
In the event that another operator rents the rental car on behalf of the Company (such operator is referred to as the ‘Agency Lender’), the term ‘the Company’ in the General Conditions may be read as ‘the Agency Lender’. However, the provisions of Article 12, Article 16, Article 27 and Article 29 (however, in the event of a breakdown, accident or theft of the rental car, the contact details shall be those of the Company and the Agency Rental Operator) and Article 41 shall be excluded.
Article 39 (Governing law, etc.)
1 The laws of Japan shall be the governing law.
In the event of any inconsistency between the Japanese version of the General Terms and Conditions and the English or other non-Japanese version of the General Terms and Conditions, the Japanese version of the General Terms and Conditions shall prevail.
Article 40 (Provision of Information on Important Matters)
The Company shall endeavour to provide the Lessee with information in clear and plain language, prior to the rental, on important matters in the General Conditions of Carriage and Bylaws, such as the contents of the Lessee's liability for damages and operating compensation, the contents and conditions of the Company's insurance or compensation system, and measures to be taken by the Lessee in the event of breakdown, accident, theft, illegal parking and late return. 2. The Lessee shall endeavour to provide information in clear and plain language prior to the rental.
2 The Lessee shall endeavour to understand the contents of the General Conditions and Bylaws.
article 41 (posting of general conditions and detailed regulations)
The Company shall display the General Conditions, etc. to the Lessee in one of the following ways
(1) Posting the Conditions of Use, etc. at the Company's business premises so that they are easily visible to the public (including by displaying them on electronic devices such as displays).
(2) Posting it on a website, etc. in a manner that is easily visible to the public
(3) In writing (including by electromagnetic means such as e-mail). (4) Presentation of the information in writing (including electromagnetic methods such as e-mail).
The Company shall also provide the Borrower with an overview of the General Terms and Conditions, etc. by means of brochures, tariffs, etc. published by the Company. The same shall apply in the event of changes to these.
Article 42 (Court of jurisdiction)
In the event of any dispute concerning rights and obligations under these General Conditions of Carriage and Bylaws, the court having jurisdiction over the location of the Company's head office shall be the court of exclusive jurisdiction.
Supplementary provisions The General Terms and Conditions shall come into force as from 1 January 2025.