Rental Terms and Conditions
Please read before use.
About the handling of personal information
1. The renter (including the person who is applying for a rental contract) and the driver (hereinafter referred to as the "renter" and "driver") agree that the Company will use the personal information of the renter and the driver for the following purposes.
(1) To perform the business of a rental car operator based on the Basic Notice on Rental Cars (Ji Tabi No. 138, June 13, 1995, hereinafter referred to as the "Basic Notice"), such as creating a rental certificate.
(2) To verify and screen the identity of the renter or driver.
(3) To inform the renter or driver about automobiles, insurance, mobile phones, and other products and services handled by the Company, or about various events and campaigns, by sending promotional materials, e-mails, etc.
(4) To conduct questionnaire surveys of the renter or driver for product development, etc., or to consider measures to improve customer satisfaction, etc.
(5) To process personal information into a form that cannot identify the individual, then compile and analyze the information, plan and develop products, and consider ways to improve customer satisfaction, as well as to provide the Renter with information about products and services, etc., and to provide sales-related guidance.
2. The Renter agrees that the Company may provide the Renter's personal information to third parties within the scope specified below. However, the Renter may request that the provision of his/her personal information to such third parties be suspended.
(1) Contents provided: Information related to the rental of the rental car, such as the vehicle class used, purpose of use, rental start date and time, as well as personal information such as the Renter's name and address.
(2) Recipients and their purposes of use
Recipient: Nishinippon Eco Service Co., Ltd.
Purposes of use of recipient: Persons who have entered into an information provision contract with Monte Home Co., Ltd. and Nishinippon Eco Service Co., Ltd. to provide information on products and services to the renter and to guide the renter on business, persons who have entered into a franchise contract with Monte Home Co., Ltd. and Nishinippon Eco Service Co., Ltd. to conduct questionnaire surveys on the renter's customer service, such as the motive for renting a rental car for the purpose of reference for product planning and development or consideration for improving customer satisfaction, policy planning and system development for the franchise as a whole to ensure customer satisfaction, such as facilitating the conclusion of rental contracts, inquiries and claims regarding unpaid tolls for the renter or driver of toll road operating companies, etc. (defined in Article 14, Paragraph 4) used by the renter or driver.
3. The Company will publish information regarding the handling of personal information on its website, etc.
Chapter 1 General Provisions
Article 1 (Application of the Terms and Conditions)
1. The Company shall lend the vehicle (hereinafter referred to as the "rental car") to the Renter in accordance with these terms and conditions (hereinafter referred to as the "Terms and Conditions") and the detailed rules, and the Renter shall rent the vehicle after understanding the Terms and Conditions and the detailed rules. Any matters not specified in the Terms and Conditions and the detailed rules shall be governed by law or general practice.
2. The Company may enter into special agreements to the extent that they do not violate the spirit of the Terms and Conditions and the detailed rules, laws, regulations, and general practice. In the event that a special agreement is entered into, such special agreement shall take precedence over these Terms and Conditions and the detailed rules.
3. If the Renter designates a driver other than the Renter when concluding the Rental Agreement, the Renter shall inform the driver of the matters stipulating the driver's obligations in the Terms and Conditions and the detailed rules and ensure that the driver complies with them.
Chapter 2 Reservations
Article 2 (Application for Reservation)
1. When renting a car, the Renter may agree to the price list and other information specified by the Company and make a reservation by specifying the vehicle class, purpose of use, rental start date and time, rental location, rental period, return location, driver, whether or not accessories such as child seats are required, and other rental conditions (hereinafter referred to as "rental conditions").
2. When the Renter makes a reservation, the Company shall, in principle, accept the reservation within the scope of the rental cars owned by the Company and the rental conditions approved by the Company. In this case, the Renter shall pay the reservation application fee specified by the Company, unless otherwise approved by the Company.
Article 3 (Changes to reservation)
When the Renter wishes to change the rental conditions, he/she must obtain the Company's consent.
Article 4 (Cancellation of reservation, etc.)
1. The Renter and the Company shall enter into a rental contract for the rental car by the rental start date and time specified in Article 2, Paragraph 1.
2. The Renter and the Company may cancel the reservation by the method specified by the Company. If the rental car rental contract (hereinafter referred to as the "rental contract") has not been concluded more than one hour after the reserved rental start time, the reservation will be considered canceled regardless of the circumstances.
3. If the reservation is canceled due to the renter's convenience, the renter shall pay the Company a reservation cancellation fee as specified separately, and the Company shall return the reservation application fee already received to the renter upon payment of this reservation cancellation fee.
4. If the reservation is canceled due to the Company's convenience, the Company shall return the reservation application fee already received to the renter.
5. If the rental contract is not concluded due to reasons other than those in the previous two paragraphs, the reservation will be considered canceled. In this case, the Company shall return the reservation application fee already received to the renter.
6. The renter and the Company shall not make any claims against each other regarding the cancellation of the reservation and the failure to conclude the rental contract, except as specified in this Article and the following Article.
Article 5 (Alternative Rental Car)
1. If the Company is unable to rent a car that meets the vehicle class, accessories, smoking/non-smoking status, transmission specifications, and other conditions (hereinafter referred to as "conditions") reserved by the Renter, the Company shall immediately notify the Renter of such fact.
2. In the case of the preceding paragraph, if the Company is able to rent a car other than the conditions reserved, notwithstanding paragraphs 4 and 5 of the preceding article, the Company may offer the Renter a rental car different from the one reserved (hereinafter referred to as "alternative rental car").
3. If the Renter accepts the application under the preceding paragraph, the Company shall rent an alternative rental car under the same rental conditions as those reserved, except for the conditions that were not met. In this case, the Renter shall pay the rental fee for the alternative rental car or the rental fee for the rental car with the conditions reserved, whichever is lower.
4. If the Renter refuses the application under paragraph 2, the reservation will be cancelled, and the treatment of the reservation application fee etc. shall be subject to paragraph 5 of the previous article.
Article 6 (Agent for reservation services)
1. The Renter may make a reservation at a rental car reservation center, travel agency, affiliated company, etc. (hereinafter referred to as the "Agent") that handles reservation services on behalf of the Company.
2. When the application under the previous paragraph is made, the Renter shall change or cancel the reservation to the Agent that made the application.
Chapter 3 Rental
Article 7 (Conclusion of rental contract)
1. The Renter shall clearly state the rental conditions, and the Company shall clearly state the rental conditions in the terms and conditions, price list, etc., and conclude the rental contract.
2. In order for the Company to enter the driver's name, address, type of driver's license and driver's license number in the rental register (original rental register) and the rental agreement stipulated in Article 13, or to attach a copy of the driver's license, when concluding the rental agreement, the Renter shall present his/her driver's license if he/she is the driver, and submit a copy of it if requested by the Company, and when the Renter and the driver are different, the Renter shall have the Renter present the driver's license and submit a copy of it if requested by the Company.
3. When concluding the rental agreement, the Company may request the Renter to submit documents verifying his/her identity in addition to his/her driver's license and take copies of the documents submitted.
4. When concluding the rental agreement, the Company shall request the Renter or driver to submit emergency contact information such as a mobile phone number.
5. When concluding the rental agreement, the Company may specify the payment method, such as credit card or cash, to the Renter.
6. If the Renter or Driver does not comply with the preceding five paragraphs, the Company may refuse to enter into the Rental Agreement and cancel the reservation. In this case, Article 4, Paragraph 5 shall apply to the treatment of reservation application fees, etc.
Article 8 (Refusal to Rent)
1. If the Renter or Driver falls under any of the following items, the Company may refuse to enter into the Rental Agreement and cancel the reservation.
(1) When the Renter or Driver does not have a driver's license required to drive a rental car.
(2) When the Renter or Driver is deemed to be under the influence of alcohol.
(3) When the Renter or Driver is deemed to be showing symptoms of intoxication due to narcotics, stimulants, paint thinner, etc.
(4) When a child under the age of six is allowed to ride in the vehicle despite there being no child seat.
(5) When the Renter or Driver is registered on the Rental Warning List (hereinafter referred to as the "Rental Warning List") shared by the National Rental Car Association Information Management System (hereinafter referred to as the "NRA System") as stipulated in Article 26.
(6) When the person is deemed to be a member or affiliate of a designated crime group, an organization related to a designated crime group, or to belong to another antisocial organization.
(7) When the person uses violent acts or language against the employees or other related parties of the Company, or when the person demands an unreasonable burden in relation to transactions with the Company.
(8) When the person spreads rumors or uses fraudulent means or force to damage the Company's credibility or interfere with the business of the Company.
(9) When the person violates the terms and conditions and detailed regulations.
(10) When the Company otherwise deems the person inappropriate.
2. Notwithstanding the preceding paragraph, the Company may refuse to enter into a rental agreement and cancel the reservation in the following cases:
(1) When there is no rental car available for rental.
(2) When the lessee or driver is carrying a child under the age of 6 but there is no child seat.
3. When the Company refuses to enter into a rental agreement based on the preceding two paragraphs, Article 4, Paragraphs 3 to 6 shall apply to the treatment of the reservation application fee, etc. Article 9 (Conclusion of Rental Contract, etc.)
1. The rental contract is concluded when the lessee signs the rental contract and the Company delivers the rental vehicle (including accessories; the same applies below) to the lessee. In this case, the reservation deposit received will be used as part of the rental fee.
2. The delivery in the preceding paragraph shall take place at the rental start date and location in Article 2.
Article 10 (Rental Fee)
1. When the rental contract is concluded, the lessee shall pay the rental fee set forth in the following paragraph to the Company.
2. The rental fee refers to the total amount of the following, and the Company will specify each amount or the contact details in the fee schedule.
(1) Basic fee
(2) Collision waiver fee
(3) Special equipment fee
(4) One-way fee
(5) Fuel fee
(6) Pick-up and delivery fee
(7) Other fees
3. The basic fee shall be the fee notified to the Director of the Regional Transport Bureau, Director of the Hyogo Land Transport Department of the Kobe Transport Supervision Department, or Director of the Land Transport Office of the Okinawa Prefectural General Bureau at the time of rental of the rental vehicle.
4. If the Company changes the rental fee after the reservation under Article 2 is completed, the Renter shall pay the lower of the fee applied at the time of reservation completion or the fee at the time of rental.
Article 11 (Changes to Rental Conditions)
If the Renter wishes to change the rental conditions under Article 7 after the conclusion of the rental agreement, he/she must obtain the consent of the Company.
Article 12 (Inspection and Maintenance, etc.)
1. The Company shall rent out a rental vehicle that has been inspected and maintained as required by Article 47-2 (Daily Inspection and Maintenance) and Article 48 (Periodic Inspection and Maintenance) of the Road Transport Vehicle Law.
2. When renting a car, the lessee or driver shall inspect the exterior of the vehicle and accessories based on a separately specified inspection sheet to confirm that the car is not defective in maintenance and that it meets the rental conditions.
Article 13 (Issuance and carrying of rental certificate, etc.)
1. When the company delivers the rental car, it shall provide the lessee with a designated rental certificate in writing (including by electronic means such as email) containing the details specified by the Director of the Regional Transport Bureau, the Director of the Hyogo Land Transport Division of the Kobe Transport Supervision Department, or the Director of the Land Transport Office of the Okinawa General Bureau.
The rental certificate issued in accordance with the preceding paragraph shall be issued to the driver.
2. The lessee or driver must carry the rental certificate issued in accordance with the preceding paragraph (including carrying it in electronic form) while using the rental car.
3. If the lessee or driver loses the rental certificate, he or she must immediately notify the Company to that effect.
Article 14 (Insurance and Business Compensation)
1. If the lessee or driver is liable for damages under Article 32, paragraph 1, the following insurance or compensation will be paid in accordance with the non-life insurance contract concluded by the Company for the rental car and the compensation system established by the Company.
(1) Personal injury compensation: unlimited per person (including compulsory automobile liability insurance)
(2) Property damage compensation: unlimited per accident (deductible amount of 50,000 yen)
(3) Personal injury compensation: up to 50 million yen per person
2. The lessee or driver shall be responsible for any damages for which insurance is not paid and any damages that exceed the amount of insurance paid in accordance with the provisions of the preceding paragraph.
3. When the Company pays the damages to be borne by the Renter or Driver as stipulated in the preceding paragraph, the Renter or Driver shall immediately reimburse the Company for the amount paid by the Company.
4. If the Renter has paid the Liability Waiver to the Company in advance, the Company shall bear the damages equivalent to the insurance deductible amount stipulated in paragraph 1. However, if the Liability Waiver has not been paid, the Renter shall bear the damages.
5. The amount equivalent to the insurance premium for the non-life insurance contract stipulated in paragraph 1 is included in the rental fee.
Chapter 4 Use
Article 15 (Renter's Responsibility for Management)
1. The Renter or Driver shall use and store the Rental Car with the care of a good manager from the time of receiving the Rental Car until returning it to the Company (hereinafter referred to as "during use").
2. When using the Rental Car, the Renter or Driver shall use the Rental Car in compliance with laws, regulations, bylaws, instruction manuals, and other usage instructions provided by the Company.
3. If the Renter or Driver uses a toll road such as an expressway, a toll parking lot, or other toll service during use, the Renter or Driver shall pay the usage fees, etc. to the provider of the toll service at his/her own responsibility.
4. If the Renter or Driver uses the ETC system and the toll road operating company, etc. (hereinafter referred to as the "toll road operating company, etc.") inquires about the Renter or Driver's unpaid toll road usage fees, etc., the Company may disclose information about the Renter or Driver to the toll road operating company, etc., and the Renter or Driver shall agree to this.
Article 16 (Daily Inspection and Maintenance)
The Renter or Driver shall carry out daily inspection and maintenance of the rented rental vehicle every day before use as stipulated in Article 47-2 (Daily Inspection and Maintenance) of the Road Transport Vehicle Law during use.
Article 17 (Prohibited Acts)
1. The Renter or Driver shall not engage in the following acts during use.
(1) Using a rental car for an automobile transportation business or similar purposes without obtaining our consent or permission under the Road Transportation Act.
(2) Using a rental car for purposes other than those specified, or having a person other than the driver specified in Article 7 drive the rental car.
(3) Subleasing a rental car, letting a third party use it, or using it as collateral, etc.
(4) Forging or altering the rental car's automobile registration number plate or vehicle number plate, or modifying or remodeling the rental car or otherwise changing its original state.
(5) Using a rental car for various tests or competitions (including those that our company considers to be competitions), or for towing or pushing other vehicles, without our consent.
(6) Using a rental car in violation of laws, regulations, or public order and morals.
(7) Purchasing damage insurance for the rental car without our consent.
(8) Taking a rental car out of Japan.
(9) Engaging in any act that significantly inconveniences the Company or other renters (including, but not limited to, leaving items inside the rental vehicle, smoking in a non-smoking vehicle, or otherwise damaging the rental vehicle).
(10) Engaging in any other act that violates the rental conditions or rental conditions in Article 7.
Article 18 (Illegal Parking)
1. If the renter or driver parks the rental vehicle illegally as defined by the Road Traffic Act, he/she shall immediately appear at the police station with jurisdiction over the area where the illegal parking occurred (hereinafter referred to as the "competent police station") after the illegal parking and shall pay the fine for illegal parking and various expenses associated with illegal parking, such as towing, storage, and collection, at his/her own responsibility and expense (hereinafter referred to as the "violation procedure").
2. When the Company is notified by the police that the rental vehicle has been illegally parked, the Company shall contact the renter or driver and instruct them to promptly move the rental vehicle and to appear at the competent police station by the expiration of the rental period or by a time instructed by the Company to complete the violation procedure, and the renter or driver shall comply with this. If the rental car is removed by the police, the Company may, at its discretion, collect the rental car from the police itself.
3. After giving the instructions in the preceding paragraph, the Company shall, at its discretion, confirm the status of the violation processing by the traffic violation notice and payment slip/receipt, etc., and if the violation has not been processed, the Company shall repeatedly give the instructions in the preceding paragraph to the Renter or Driver until it is processed. Furthermore, if the Renter or Driver does not comply with the instructions in the preceding paragraph, the Company may cancel the Rental Agreement without any notice or warning and immediately request the return of the Rental Car, and the Renter or Driver shall sign a document specified by the Company (hereinafter referred to as the "Acknowledgement Letter") acknowledging the fact of illegal parking and that they 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 terms and conditions, the Renter or Driver agrees to cooperate as necessary by submitting documents containing personal information such as the Declaration and Rental Certificate to the police if the Company deems it necessary, and to submit documents such as the Statement of Explanation, Declaration and Rental Certificate to the Public Safety Commission as stipulated in Article 51-4, Paragraph 6 of the Road Traffic Act.
5. If the Renter or Driver does not complete the violation procedure before returning the rental car, if the costs incurred in searching the rental car (hereinafter referred to as "Search Costs") are incurred, or if the Company incurs the costs incurred in moving, storing, picking up, etc. of the vehicle (hereinafter referred to as "Vehicle Management Costs"), the Renter shall pay the following costs to the Company by the date specified by the Company.
(1) The amount equivalent to the parking violation fine
(2) The parking violation penalty stipulated by the Company in "Regarding Illegal Parking" (together with the amount equivalent to the parking violation fine in (1) above, hereinafter referred to as "Parking Violation Fines")
(3) Search Costs and Vehicle Management Costs
6. If the Renter pays the parking violation fine to the Company pursuant to the preceding paragraph, and the parking violation fine is subsequently refunded to the Company as a result of the Renter paying the fine for the parking violation, or being prosecuted or referred to a family court for adjudication, the Company shall return the parking violation fine to the Renter.
7. If the Company receives an order to pay the parking violation fine pursuant to the preceding paragraph, or if the Renter does not pay the full amount of the claim amount stipulated in the same paragraph by the date specified by the Company, the Company shall take measures such as registering the Renter's name, date of birth, driver's license number, etc. in the All Japan Relations Association system, and the Renter shall agree to this.
Article 19 (GPS Function)
1. The Renter and Driver agree that the Rental Car may be equipped with a Global Positioning System (hereinafter referred to as the "GPS Function"), that the current location and route of the Rental Car will be recorded in the system specified by the Company, and that the Company may use the recorded information for the purposes listed below.
(1) To confirm that the rental car has been returned to the designated location at the end of the rental contract.
(2) To confirm the current location of the rental car in the cases specified in each item of Article 24, Paragraph 1, or when it is deemed necessary for the management of the rental car or the performance of the rental contract.
(3) To use for marketing analysis to improve the quality of products and services provided to the renter and driver, and to increase customer satisfaction.
2. The renter and driver agree that the Company may disclose the information recorded by the GPS function in Paragraph 1 to the extent necessary when required to do so by law, or when the Company receives a request or order for disclosure from a court, administrative agency, or other public institution.
Article 20 (Drive recorder)
1. The renter and driver agree that the rental car may be equipped with a drive recorder, that the driving conditions of the renter and driver will be recorded, and that the Company will use the recorded information for the following purposes.
(1) To confirm the circumstances at the time of an accident in the event of an accident.
(2) To check the driving status of the Renter and the Driver when it is deemed necessary for the management of the rental car or for the performance of the rental contract.
(3) To use for marketing analysis to improve the quality of products and services provided to the Renter and the Driver, and to increase customer satisfaction.
2. The Renter and the Driver agree that the Company may disclose the information recorded by the drive recorder in paragraph 1 to the extent necessary when required to do so by law, or when the Company receives a request or order for disclosure from a court, administrative agency, or other public institution.
Chapter 5 Return
Article 21 (Renter's Responsibility for Return)
1. The Renter shall return the Rental Car to the Company at the designated return location by the end of the rental period.
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 contact the Company and follow the Company's instructions.
Article 22 (Confirmation of Rental Car, etc.)
1. The Renter shall return the Rental Car in the same condition as when it was handed over, except for deterioration or wear caused by normal use or damage caused by reasons beyond the control of the Renter or the driver, in the presence of the Company.
2. When returning the Rental Car, the Renter shall confirm that there are no belongings left behind by the Renter, the driver or any passengers inside the Rental Car.
Article 23 (Time of Return of Rental Car, etc.)
1. If the Renter extends the rental period pursuant to Article 11, the Renter shall pay the rental fee corresponding to the changed rental period, or the total of the rental fee before the change and the excess fee, whichever is lower.
2. If the Renter returns the Rental Car after the rental period has expired without obtaining the consent of the Company pursuant to Article 11, the Renter shall pay a penalty fee of twice the excess fee for the amount of the excess time in addition to the fee set forth in the preceding paragraph.
Article 24 (Place of Return of Rental Car, etc.)
1. If the Renter changes the designated return location pursuant to Article 11, he/she shall bear the cost of forwarding the vehicle (hereinafter referred to as "forwarding cost") that becomes necessary due to the change in the return location.
2. If the Renter returns the Rental Car to a location other than the designated return location without obtaining the consent of the Company pursuant to Article 11, he/she shall pay a penalty of twice the forwarding cost.
Article 25 (Measures to be taken when the Rental Car is not returned)
1. If any of the following items apply to the Renter, the Company shall take legal procedures such as filing a criminal complaint, as well as measures necessary to confirm the location of the Rental Car using the GPS function, and shall take measures such as reporting the non-return damage to the National Rental Car Association and registering it in the National Rental Car Association system, and the Renter shall agree to this.
(1) When the Company's request for return is not complied with despite the expiration of the rental period.
(2) When the Renter is deemed to have failed to return the vehicle due to reasons such as the Renter's whereabouts being unknown.
2. In the cases of any of the preceding paragraphs, the Renter shall pay the Company the expenses incurred by the Company in searching for the Renter and recovering the Rental Vehicle.
Article 26 (Agreement to Registration and Use of Rental Information)
1. Notwithstanding the provisions regarding the handling of personal information at the beginning of the Terms and Conditions, the Renter agrees that, if any of the following items apply, information based on objective rental facts, including the Renter's name, date of birth, driver's license number, etc. (hereinafter referred to as "rental information") will be registered in the All Japan Rental Association System and on the Rental Warning List for a period not exceeding seven years.
The Renter agrees to the following.
(1) When the Renter or Driver has not paid the parking violation fee set forth in Article 17, Paragraph 5 to the Company by the due date specified by the Company.
(2) When any of the items in the preceding Article, Paragraph 1 apply.
2. Notwithstanding the provisions regarding the handling of personal information at the beginning of the Terms and Conditions, the Renter agrees to the following items.
(1) The rental information registered in the Zenrekyo system will be used by the National Rent-A-Car Association and its affiliated prefectural rental car associations and their member businesses.
(2) The rental information registered on the Rental Warning List will be used by Monte Home Co., Ltd. and Nishinippon Eco Service Co., Ltd.
Chapter 6: Measures in the Event of Breakdown, Accident, or Theft
Article 27 (Rental Car Breakdown)
If the Renter or Driver discovers any abnormality or breakdown in the rental car during use, he/she shall immediately stop driving, contact the Company, and follow the Company's instructions.
Article 28 (Accident)
1. If an accident involving the Rental Car occurs during use, the Renter or Driver shall immediately discontinue driving and, regardless of the scale of the accident, take measures prescribed by law as well as the following measures.
(1) Immediately report the circumstances of the accident to the Company and follow the Company's instructions.
(2) If the Rental Car is repaired based on the instructions in the preceding paragraph, this shall be done at the Company or a workshop designated by the Company, unless otherwise approved by the Company.
(3) Cooperate with the Company and the insurance company contracted by the Company in the investigation of the accident and submit documents requested by the Company and the insurance company without delay.
(4) Obtain the Company's consent in advance when reaching a settlement or other agreement with the other party regarding the accident.
2. In addition to the preceding paragraph, the Renter or Driver shall handle and resolve the accident at their own responsibility.
3. The Company shall provide advice to the Renter or Driver regarding the handling of the accident and cooperate in resolving it.
4. In order to confirm the circumstances of the accident, the Company shall record the circumstances of the occurrence of an impact or sudden braking in a vehicle equipped with a drive recorder or an on-board accident recording device, or both.
5. The Company shall take measures such as verifying the records in the preceding paragraph if necessary.
Article 29 (Theft)
If the Renter or Driver experiences theft or other damage during use of the Rental Vehicle, the Renter or Driver shall take the following measures.
(1) Immediately report to the nearest police.
(2) Immediately report the damage situation to the Company and follow the Company's instructions.
(3) Cooperate with the Company and the insurance company contracted by the Company in the investigation of the theft or damage, and submit documents requested by the Company and the insurance company without delay.
Article 30 (Termination of Rental Agreement Due to Unavailability)
1. If the Rental Vehicle becomes unusable due to breakdown, accident, theft, or other reasons (hereinafter referred to as "breakdown, etc.") during the rental period, the Rental Agreement shall be terminated.
2. In the case of the preceding paragraph, the Renter shall bear the costs required for the collection and repair of the Rental Car, and the Company shall not refund the rental fee already received. However, this shall not apply if the breakdown, etc. is due to reasons specified in paragraphs 3 or 5.
3. If the breakdown, etc. is due to a defect or malfunction that existed before the rental or other reason that the Rental Car does not conform to the rental conditions, the Renter may receive a substitute rental car from the Company. The conditions for providing a substitute rental car shall be governed by Article 5, paragraph 3.
4. If the Renter does not receive a substitute rental car as specified in the preceding paragraph, the Company shall refund the full rental fee already received. The same shall apply if the Company is unable to provide a substitute rental car.
5. If the breakdown, etc. is due to reasons not attributable to the Renter, the Driver, or the Company, the Company shall refund to the Renter the rental fee already received minus the rental fee corresponding to the period from the start of the rental to the end of the rental agreement.
6. The Renter may not make any claims against the Company for damages arising from the inability to use the Rental Car, other than those specified in this Article, except for the measures specified in this Article. However, this does not include cases where the breakdown, etc., is caused by the Company's willful misconduct or gross negligence.
Article 31 (Compensation by Renter and Business Compensation)
1. If the Renter or the driver causes damage to the Company's rental car (including a rental car rented by proxy pursuant to the provisions of Article 38) in relation to the use of the rented rental car, the Renter shall compensate for the damage. However, this does not include cases where the damage is due to reasons not attributable to the Renter or the driver.
2. If the Renter is liable for damages pursuant to the preceding paragraph, damages caused by the Company's inability to use the Rental Car due to accidents, theft, breakdowns due to reasons attributable to the Renter or the driver, stains or odors of the Rental Car, etc. shall be as specified in the fee schedule, etc., and the Renter shall pay these.
3. The Renter or the Driver shall compensate for damages caused to a third party or the Company through the intentional or negligent acts of the Renter or the Driver during the use of the rented rental car (including rental cars rented on behalf of the Company under the provisions of Article 38). Notwithstanding the preceding paragraphs, with respect to damages caused by a disaster designated as a severe disaster under Article 2 of the Act on Special Financial Assistance for Dealing with Severe Disasters (Act No. 150 of 1962) (hereinafter referred to as a "Severe Disaster"), the Renter or the Driver shall not be required to compensate for damages to items related to the rental car that were lost, damaged, or otherwise damaged due to force majeure in the area designated as the severe disaster, except in cases where the Renter or the Driver acted intentionally or with gross negligence.
Article 32 (Insurance)
1. When the Renter is liable for compensation under the terms and conditions and detailed regulations, and when the Driver is liable for compensation under paragraph 3 of the preceding article, insurance benefits within the following limits will be paid pursuant to the non-life insurance contract concluded by the Company for the rental car. However, this insurance will not be paid if the insurance policy falls under the exemption conditions.
(1) Personal liability coverage: unlimited per person (including compulsory automobile liability insurance)
(2) Property damage coverage: unlimited per accident (deductible amount: 50,000 yen)
(3) Personal injury coverage: up to 50 million yen per person
2. The lessee or driver shall bear the damages for which insurance coverage is not provided and the damages that exceed the amount of insurance coverage provided under the provisions of the preceding paragraph.
3. When the Company pays the damages to be borne by the lessee or driver under the provisions of the preceding paragraph, the lessee or driver shall immediately reimburse the Company for the amount paid by the Company.
4. If the lessee has paid the exemption compensation fee to the Company in advance, the Company shall bear the damages equivalent to the exemption amount of the insurance coverage provided in paragraph 1. However, if the exemption compensation fee has not been paid, the lessee shall bear the damages.
5. The amount equivalent to the insurance premium for the non-life insurance contract provided in paragraph 1 is included in the rental fee.
Chapter 7 Cancellation
Article 33 (Cancellation of rental contract)
If the lessee violates the terms and conditions or detailed rules during the rental period, the Company may cancel the rental contract without any notice or warning and immediately request the return of the rental vehicle.
In this case, the Company shall return to the lessee the rental fee received, if any, for the period from rental to cancellation and damages for contract cancellation.
Article 34 (Cancellation by consent)
1. The lessee may cancel the rental contract with the consent of the Company, even during the rental period. In this case, the Company shall return to the lessee the rental fee received, if any, for the period from rental to return.
2. When canceling under the preceding paragraph, the lessee shall pay the following cancellation fee to the Company.
Termination fee = {(basic fee corresponding to the planned rental period) - (basic fee corresponding to the period from rental to return)} x 50%
Chapter 8 Miscellaneous Provisions
Article 35 (Offset)
When the Company assumes monetary obligations to the Renter based on the terms and conditions and detailed regulations, the Company may offset such obligations with monetary obligations incurred by the Renter to the Company at any time.
Article 36 (Consumption Tax)
The Renter shall pay to the Company consumption tax (including local consumption tax) imposed on transactions based on the terms and conditions and detailed regulations.
Article 37 (Late Charges)
When the Renter and the Company fail to perform monetary obligations based on the terms and conditions and detailed regulations, the Renter and the Company shall pay late charges at an annual rate of 14.6% to the other party.
Article 38 (Substitute Rental Business)
When another business entity rents a car on behalf of the Company (such business entity is referred to as the "Substitute Rental Business"), the word "Company" in the terms and conditions may be read as "Substitute Rental Business". However, this does not include matters related to "Handling of Personal Information", Articles 12, 15, 26 to 28 (however, in the event of a breakdown, accident, theft, etc., the contact person shall be our company or the rental agent), and Article 40.
Article 39 (Governing Law, etc.)
1. The governing law shall be Japanese law.
2. In the event of a discrepancy between the Japanese version of the Terms and Conditions and the English or other versions of the Terms and Conditions, the Japanese version shall take precedence.
Article 40 (Provision of Important Information)
1. Our company shall endeavor to provide the Renter with information in clear and simple terms prior to the rental regarding important matters, such as the contents of the Terms and Conditions and Detailed Regulations, the contents of the Renter's liability for damages and business compensation liability, the contents and conditions of our insurance or guarantee system, and the measures to be taken by the Renter in the event of a breakdown, accident, or theft, measures in the event of illegal parking, and measures in the event of delayed return.
2. The Renter shall endeavor to understand the contents of the Terms and Conditions and Detailed Rules.
Article 41 (Posting of Terms and Conditions and Detailed Rules, etc.)
1. The Company may revise the Terms and Conditions and Detailed Rules or stipulate separate detailed rules for the Terms and Conditions after giving prior notice on the Company's website, etc.
2. When the Company revises these Terms and Conditions and Detailed Rules or stipulates separate detailed rules, the Company shall post them at its business offices and state them in brochures, price lists, and on its website published by the Company. The same shall apply in the event of any changes thereto.
Article 42 (Court of Jurisdiction)
In the event of a dispute regarding the rights and obligations based on these Terms and Conditions and Detailed Rules, the court with jurisdiction over the location of the Company's head office shall be the court of exclusive jurisdiction.
Supplementary Provision: The Terms and Conditions shall come into effect on February 1, 2025