Chapter 1: General Provisions
(Application of Terms and Conditions)
Article 1
The Company shall rent automobiles (hereinafter referred to as “Rental Cars”) to the Renter in accordance with these Terms and Conditions, and the Renter shall rent such vehicles from the Company.
Matters not stipulated in these Terms and Conditions shall be governed by applicable laws and regulations or general customs.
2. The Company may enter into special agreements to the extent that such agreements do not conflict with the intent of these Terms and Conditions, applicable laws, government notifications, and general customs. In the event of a special agreement, such agreement shall take precedence over these Terms and Conditions.
Chapter 2: Reservations
(Reservation Application)
Article 2
The Renter may apply for a reservation by specifying in advance, by a method separately prescribed, the vehicle class, rental start date and time, rental location, rental period, return location, driver, child seat or other accessory requirements, and other rental conditions (hereinafter referred to as “Rental Conditions”), upon agreeing to these Terms and Conditions and the separately defined fee schedule.
2. Upon receiving a reservation application, the Company shall, in principle, accept the reservation within the range of Rental Cars it owns.
(Change of Reservation)
Article 3
If the Renter wishes to change the Rental Conditions specified in Paragraph 1 of the preceding Article, the Renter must obtain prior approval from the Company.
(Cancellation of Reservation, etc.)
Article 4
The Renter may cancel a reservation by a method separately prescribed.
2. If the Renter does not begin the rental agreement process more than one hour after the reserved rental start time for reasons attributable to the Renter, the reservation shall be deemed cancelled.
3. In the cases described in the preceding two paragraphs, the Renter shall pay the Company a cancellation fee as separately prescribed.
4. If the rental agreement could not be concluded due to reasons not attributable to either the Renter or the Company, such as accident, theft, non-return, recall, natural disaster, or other unavoidable circumstances, the reservation shall be deemed cancelled.
(Substitute Rental Car)
Article 5
If the Company is unable to provide a Rental Car of the class reserved by the Renter, it may offer a vehicle of a different class (hereinafter referred to as “Substitute Rental Car”).
2. If the Renter accepts the offer described in the preceding paragraph, the Company shall provide a Substitute Rental Car under the same Rental Conditions as the reservation, except for the vehicle class. If the rental fee of the Substitute Rental Car is higher than that of the reserved class, the fee of the reserved class shall apply; if it is lower, the lower fee shall apply.
3. The Renter may reject the offer of the Substitute Rental Car and cancel the reservation.
4. In the case of the preceding paragraph, if the inability to provide the reserved class vehicle is attributable to the Company, the reservation shall be deemed cancelled under Article 4, Paragraph 4.
5. In the case of Paragraph 3, if the inability is not attributable to the Company, the cancellation shall be handled under Article 4, Paragraph 5.
(Disclaimer)
Article 6
Except in cases specified in Articles 4 and 5, neither the Company nor the Renter shall make any claims against the other regarding the cancellation of reservations or the failure to conclude a rental agreement.
(Reservation through Agent)
Article 7
The Renter may make a reservation through a travel agency or affiliated company (hereinafter referred to as “Agent”) that handles reservation operations on behalf of the Company.
2. If a reservation application was made through an Agent, the Renter may only request changes or cancellations through that Agent.
Chapter 3: Rental
(Conclusion of Rental Agreement)
Article 8
The Renter shall specify the Rental Conditions as defined in Article 2, Paragraph 1, and the Company shall specify the rental conditions based on these Terms and Conditions and the fee schedule. A rental agreement shall be concluded unless there is no Rental Car available or if the Renter or driver falls under any of the items of Article 9, Paragraphs 1 or 2.
2. Upon conclusion of the rental agreement, the Renter shall pay the rental fee as prescribed in Article 11, Paragraph 1.
3. In accordance with the guidelines of the supervisory authority (Note 1), the Company shall record the name, address, license type, and license number of the driver in the rental register and the Rental Certificate stipulated in Article 14, Paragraph 1, or attach a copy of the driver’s license. Therefore, the Renter shall present and submit a copy of the designated driver’s license at the time of agreement. If the Renter is also the driver, their own license shall be submitted. If different, the designated driver’s license shall be presented.
(Note 1): Supervisory authority guideline refers to the “Basic Guidelines on Rental Cars” issued by the Director of the Road Transport Bureau, Ministry of Land, Infrastructure, Transport and Tourism (Circular No. Jitari 138, dated June 13, 1995), Sections 2.(10) and (11).
(Note 2): “Driver’s license” refers to a license under Article 92 of the Road Traffic Act in the format specified in Form No. 14 of the Enforcement Regulations. An international driving permit or foreign license under Article 107-2 is treated as equivalent.
4. The Company may request submission of documents that can verify identity in addition to a driver’s license and may keep copies of such documents.
5. The Company may request the Renter and driver to provide a mobile phone number or similar for contact during the rental period.
6. The Company may request payment via credit card, cash, or specify other payment methods.
(Refusal to Conclude Rental Agreement)
Article 9
The Company shall not enter into a rental agreement if the Renter or driver falls under any of the following:
(1) Failure to present a valid driver’s license.
(2) Appears to be under the influence of alcohol.
(3) Appears to be under the influence of narcotics, stimulants, thinners, etc.
(4) Intends to allow a child under six years old to ride without a child seat.
(5) Believed to be affiliated with or a member of an organized crime group or other antisocial group.
2. The Company may refuse to conclude a rental agreement if the Renter or driver falls under any of the following:
(1) The driver at the time of agreement differs from the driver specified at reservation.
(2) History of delayed payment of rental fees.
(3) Engaged in prohibited acts listed in Article 17 in past rentals.
(4) History of non-return as outlined in Article 23, Paragraph 1, in past rentals (including other rental companies).
(5) History of invalid insurance coverage due to breach of rental or insurance terms.
(6) Failure to meet separately specified conditions.
3. In cases under the preceding two paragraphs, if a reservation had already been confirmed, it shall be deemed cancelled.
(Establishment of Rental Agreement)
Article 10
The rental agreement is considered concluded when the Renter pays the rental fee and the Company hands over the Rental Car.
2. The handover shall occur at the rental start date and time and location specified in Article 2, Paragraph 1.
(Rental Fees)
Article 11
The base rental fee shall be the amount filed and implemented with the Director of the Local Transport Bureau (or Hyogo Land Transport Department Director in Hyogo Prefecture, or Okinawa General Bureau Land Transport Office Chief in Okinawa Prefecture).
2. If the rental fee is revised after a reservation is made, the lower of the fee at the time of reservation or at the time of rental shall apply.
3. The applicable consumption tax rate shall be based on the tax rate on the date the Rental Car is handed over.
(Change of Rental Conditions)
Article 12
If the Renter wishes to change the Rental Conditions after the agreement is concluded, prior approval from the Company is required.
2. The Company may refuse such changes if they would interfere with rental operations.
(Inspection and Maintenance)
Article 13
The Company shall rent out Rental Cars that have undergone periodic inspection and maintenance as stipulated by Article 48 of the Road Transport Vehicle Act.
2. The Company shall also perform daily inspections and maintenance as per Article 47-2 of the same Act.
3. The Renter or driver shall confirm that such inspections have been completed, and that the exterior and accessories meet the Rental Conditions according to a separate inspection checklist.
4. If a defect is found as a result of such confirmation, the Company shall immediately perform necessary maintenance.
(Issuance and Carrying of Rental Certificate)
Article 14
Upon handing over the Rental Car, the Company shall issue a designated Rental Certificate with required information as stipulated by the Local Transport Bureau Director.
2. The Renter or driver must carry the Rental Certificate while using the Rental Car.
3. If the Rental Certificate is lost, the Renter or driver shall immediately notify the Company.
4. Upon returning the Rental Car, the Renter or driver shall also return the Rental Certificate to the Company.
Chapter 4: Use
(Duty of Care)
Article 15
The Renter or the Driver shall use and store the Rental Car with the due care of a prudent manager during the period from delivery to return (hereinafter referred to as “During Use”).
(Daily Inspections and Maintenance)
Article 16
The Renter or the Driver shall perform inspections as stipulated in Article 47-2 of the Road Transport Vehicle Act (Daily Inspection and Maintenance) before using the Rental Car each day during the rental period, and shall carry out any necessary maintenance.
(Prohibited Acts)
Article 17
The Renter or the Driver shall not engage in any of the following acts during the use of the Rental Car:
- Using the Rental Car for transport services or similar purposes without the Company’s consent and the necessary license under the Road Transportation Act.
- Using the Rental Car for purposes other than those intended or allowing anyone other than the driver listed on the Rental Certificate under Article 8, Paragraph 3, or persons approved by the Company, to drive it.
- Subleasing or using the Rental Car as collateral, or otherwise infringing upon the Company’s ownership rights.
- Forging or altering the license plate of the Rental Car or modifying or remodeling it without authorization.
- Using the Rental Car in any form of test, competition, or towing/pushing another vehicle without the Company’s consent.
- Using the Rental Car in violation of laws or public order and morals.
- Obtaining separate automobile insurance on the Rental Car without the Company’s approval.
- Taking the Rental Car outside Japan.
- Any act in violation of the rental conditions set forth in Article 8, Paragraph 1.
(Measures in the Case of Illegal Parking)
Article 18
If the Renter or the Driver commits an act of illegal parking as defined under the Road Traffic Act, they must immediately appear at the relevant police station, pay any fines and fees, and bear the cost of towing, storage, and retrieval of the Rental Car.
2. Upon notification from the police regarding such violation, the Company shall instruct the Renter or Driver to promptly move or retrieve the vehicle and appear at the police station by the end of the rental period or at a time designated by the Company. If the vehicle is impounded, the Company may retrieve it at its discretion.
3. The Company may verify the status of the violation via official documents such as a traffic ticket or payment receipt. If unresolved, the Company shall continue to instruct the Renter or Driver to take action and may require them to sign a written acknowledgment (hereinafter “Acknowledgment Letter”) admitting responsibility.
4. The Company may submit the Acknowledgment Letter and other documents containing personal information to police authorities or the Public Safety Commission as legally required, and the Renter or Driver agrees to this.
5. If the Company is ordered to pay an administrative fine under Article 51-4, Paragraph 1 of the Road Traffic Act or bears any related costs, it may claim the following amounts from the Renter or Driver (“Illegal Parking Related Fees”), which must be paid by the designated deadline:
(1) The amount equivalent to the fine.
(2) A penalty fee separately designated by the Company.
(3) Any search, towing, storage, or retrieval costs.
6. If the Renter or Driver refuses to comply with the Company’s instructions or to sign the Acknowledgment Letter, the Company may charge a “Parking Violation Charge” as separately defined.
7. If the Renter or Driver later pays the actual fine and the Company receives a refund of the fine it initially paid, the Company shall refund only the amount equivalent to the fine from the previously collected fees.
Chapter 5: Return
(Responsibility to Return)
Article 19
The Renter or Driver shall return the Rental Car to the Company at the designated return location by the end of the rental period.
2. Failure to do so will result in liability for all damages incurred by the Company.
3. In the event of a natural disaster or other force majeure preventing return, the Renter or Driver shall not be held liable for resulting damage but must immediately contact the Company and follow its instructions.
(Return Procedure and Confirmation)
Article 20
The Renter or Driver must return the Rental Car in the presence of the Company, in the same condition as when delivered, excluding normal wear and tear.
2. They must also confirm that no belongings remain in the vehicle; the Company bears no responsibility for items left behind.
3. If the fuel tank is not full upon return, the Renter shall pay the fuel charge calculated based on a separately defined method.
(Rental Fee in Case of Change in Rental Period)
Article 21
If the rental period is changed in accordance with Article 12, the Renter or Driver shall pay the fee corresponding to the new rental period.
(Return Location)
Article 22
If the return location is changed as per Article 12, the Renter or Driver shall pay a relocation fee of ¥1,000 per km from the original location.
2. If the vehicle is returned without approval to a location other than designated, a relocation penalty will apply:
Relocation Penalty = Relocation Fee × 150%
(Measures When Not Returned)
Article 23
If the Rental Car is not returned despite the rental period expiring and the Company’s request for return, or if the Renter’s whereabouts are unknown, the Company may take legal action including criminal charges.
2. The Company may contact the Renter’s family, employer, etc., and utilize vehicle tracking systems to locate the car.
3. The Renter or Driver shall bear the costs of recovery and search, in addition to compensating for any damage incurred by the Company under Article 28.
Chapter 6: Measures in Case of Malfunction, Accident, or Theft
(Measures upon Discovery of Malfunction)
Article 24:
If the Renter or the Driver discovers any abnormality or malfunction in the rental car during use, they shall immediately stop driving and contact the Company, and follow the Company’s instructions.
(Measures in Case of Accident)
Article 25:
If an accident involving the rental car occurs during use, the Renter or the Driver shall immediately stop driving, take legally mandated steps regardless of the size of the accident, and take the following actions:
(1) Immediately report the accident details to the Company and follow the Company’s instructions.
(2) If the rental car is to be repaired based on the instructions mentioned above, the repairs must be carried out by the Company or a repair facility designated by the Company, unless otherwise approved.
(3) Cooperate with investigations conducted by the Company and the insurance company contracted by the Company regarding the accident, and promptly submit required documents.
(4) When entering into a settlement or other agreement with the other party regarding the accident, obtain prior consent from the Company.
2. In addition to the measures in the preceding paragraph, the Renter or the Driver shall handle and resolve the accident under their own responsibility.
3. The Company will provide advice and cooperate in resolving the accident for the benefit of the Renter or the Driver.
(Measures in Case of Theft)
Article 26:
If the rental car is stolen or otherwise damaged during use, the Renter or the Driver shall take the following actions:
(1) Immediately notify the nearest police station.
(2) Immediately report the damage to the Company and follow the Company’s instructions.
(3) Cooperate with investigations by the Company and the insurance company contracted by the Company regarding the theft or other damage, and promptly submit the requested documents.
(Termination of Rental Agreement due to Inoperability)
Article 27:
If the rental car becomes inoperable due to malfunction, accident, theft, or any other reason (hereinafter referred to as “Malfunction, etc.”) during use, the rental agreement shall be deemed terminated.
2. In such cases, the Renter or the Driver shall bear the cost of retrieval and repair of the rental car, and the Company shall not refund the rental fee already received. However, this shall not apply in cases described in Paragraph 3 or 5.
3. If the Malfunction, etc. is due to a defect existing before rental, a new rental agreement shall be deemed concluded, and the Renter may receive a replacement rental car from the Company. The terms for providing the replacement shall follow the provisions in Article 5, Paragraph 2.
4. If the Renter does not accept a replacement rental car under the preceding paragraph, or if the Company is unable to provide one, the Company shall refund the full amount of the rental fee already received.
5. If the Malfunction, etc. occurred due to reasons not attributable to the Renter, the Driver, or the Company, the Company shall refund the portion of the rental fee corresponding to the unused period, subtracting the fee for the period until contract termination.
6. Except for the measures stipulated in this Article, the Renter and the Driver shall not make any claims against the Company for damages resulting from being unable to use the rental car.
Chapter 7: Compensation and Indemnity
(Compensation and Business Compensation)
Article 28:
The Renter or Driver shall compensate for damages caused to third parties or the Company during the use of the rented vehicle. However, this does not apply when the damage is due to reasons attributable to the Company.
2. Among the damages to the Company mentioned in the preceding paragraph, damages caused by accidents, theft, malfunctions attributable to the Renter or Driver, or damages due to contamination or odor rendering the rental vehicle unusable shall be calculated by the number of unusable days multiplied by the basic rental fee per day specified in the fee schedule, and the Renter or Driver shall pay this amount.
(Insurance and Indemnity)
Article 29:
When the Renter or Driver is liable for compensation under Article 28, Paragraph 1, insurance payments will be made within the following limits based on the damage insurance contract concluded by the Company for the rental vehicle:
(1) Personal Injury Coverage
Unlimited per person (excluding amounts covered by compulsory automobile liability insurance)
(2) Property Damage Coverage
Unlimited per accident (Deductible: 50,000 yen)
(3) Vehicle Coverage
Up to the market value per accident
(4) Passenger Coverage
30 million yen per person
2. If the case falls under exemptions stipulated by the insurance policy or indemnity system, the insurance or indemnity payments described in Paragraph 1 will not be made.
3. Damages not covered by insurance or indemnity payments, or damages exceeding the amounts payable under Paragraph 1, shall be borne by the Renter or Driver.
4. When the Company pays damages that the Renter or Driver is responsible for, the Renter or Driver shall immediately reimburse the Company for the amount paid.
5. The insurance premium equivalent amount defined in Paragraph 1 is included in the rental fee.
Chapter 8: Termination of Rental Agreement
(Termination of Rental Agreement)
Article 30:
The Company may terminate the rental agreement without any notice or demand and immediately request the return of the rental vehicle if the Renter or Driver violates these terms and conditions during use, or if any of the items in Article 9, Paragraph 1 apply.
In such a case, the Company shall not refund any rental fees already received from the Renter.
(Termination by Consent)
Article 31:
The Renter may terminate the rental agreement even during use, with the Company’s consent and upon payment of the cancellation fee set forth in the following paragraph. In this case, the Company shall refund the balance obtained by deducting the rental fee corresponding to the period from rental to return from the fees already received.
2. When the Renter cancels under the preceding paragraph, the Renter shall pay the following cancellation fee to the Company:
Cancellation Fee = (Basic fee corresponding to the rental contract period) – (Basic fee corresponding to the period from rental to return × 30%)
Chapter 9: Personal Information
(Purpose of Use of Personal Information)
Article 32:
The purposes for which the Company obtains and uses the personal information of the Renter or Driver are as follows:
(1) To perform matters required as a business operator licensed under Article 80, Paragraph 1 of the Road Transport Act, such as creating rental certificates at the time of concluding the rental contract.
(2) To provide information about rental cars, used cars, and other products handled by the Company, as well as services related thereto, and to inform about events, campaigns, etc. through sending promotional materials or emails.
(3) To verify identity and conduct screening of the applicant or driver upon concluding the rental contract.
(4) To conduct surveys for improving customer satisfaction or developing new products and services handled by the Company.
(5) To create statistical data by aggregating and analyzing personal information in a form that does not identify individuals.
2. If the Company obtains personal information for purposes not listed in the preceding paragraph, it will notify the purpose in advance.
(Consent to Use of Personal Information)
Article 33:
The Renter or Driver agrees that their personal information, including name, date of birth, and driver’s license number, may be used by rental car operators for screening when concluding the rental contract in the following cases:
(1) When the Company is ordered to pay parking violation fines based on Article 51-4, Paragraph 1 of the Road Traffic Act.
(2) When the Company has not received full payment of parking violation-related costs as stipulated in Article 18, Paragraph 5.
(3) When the Company recognizes that non-return as stipulated in Article 23, Paragraph 1 has occurred.
Chapter 10: Miscellaneous Provisions
(Set-off)
Article 34:
The Company may offset any monetary claims against the Renter or Driver under these terms and conditions against monetary claims the Renter or Driver has against the Company at any time.
(Late Payment Damages)
Article 35:
If the Renter, Driver, or the Company fails to perform monetary obligations under these terms, the defaulting party shall pay late payment damages at an annual rate of 10% to the other party.
(Detailed Rules)
Article 36:
The Company may establish detailed rules for these terms and conditions, which shall have the same effect as these terms.
2. When the Company establishes detailed rules, it will display them in its business offices and include them in brochures, price lists, etc. issued by the Company. The same applies if changes are made.
(Agreed Jurisdictional Court)
Article 37:
In case of disputes arising from rights or obligations under these terms, regardless of the amount in controversy, the summary court having jurisdiction over the location of the Company’s head office, branch, or business office shall be the agreed court of jurisdiction.
Supplementary Provisions
These terms shall take effect from the date of permit.