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Rental Agreement

Chapter One General Provisions

Article 1. Application of terms and conditions

  1. Pursuant to the provisions of these terms and conditions, the Company undertakes to lend a vehicle for rental (hereinafter, "rental car") to the renter (including the driver, with the same applying hereinafter), and the renter agrees to receive the rental car.
    Further, any matters not stipulated in this agreement shall be governed by pertinent laws and regulations or generally accepted practice.
  2. The Company may accommodate special clauses to the extent that they do not violate the purpose of these terms and conditions, pertinent laws or general practices. If a special clause is entered into, that special clause shall take precedence.

Chapter Two Rental agreement

Article 2. Reservations

  1. When renting a rental car the renter may make a reservation by specifying in advance the vehicle type, rental start date and time, location, period, return location, driver, and other conditions. The Company will accept reservations within the range of rental cars available.
  2. The reservations referred to in the preceding paragraph shall be made by paying a separately specified reservation fee.
  3. If the concluding of the rental car rental agreement (hereinafter, "rental agreement") has not begun even after one hour has elapsed from the rental start time reserved in accordance with the preceding paragraph, the reservation will be deemed to have been cancelled.
  4. The Company's prior approval must be obtained before any of the rental conditions set forth in Paragraph 1 can be changed.

Article 3. Concluding the rental agreement

  1. The Company will conclude a rental contract upon receipt of the renter's application, unless there are no rental cars available or the renter falls under any of the items of Article 9.
    In addition, when concluding a rental contract, the Company may request the renter to present a document other than a driver's license to prove their identity, and may take a copy of the driver's license and the documents presented.
  2. When submitting a rental contract application, the conditions set out in Paragraph 1 of the preceding Article must be clearly stated.
  3. When the rental contract is concluded, the Company will charge a separately determined rental fee.

Article 4. Formation of the rental agreement

  1. The rental contract is deemed to have been formed when the Company receives the rental fee and delivers the rental car to the renter. In this case, the reservation application fee will be applied to part of the rental fee.
  2. In the event that the Company is unable to rent out the reserved vehicle type due to an accident, theft, or other reason not attributable to the Company, a rental car of a different vehicle type than the one reserved (hereinafter, "substitute rental car") may be provided.
  3. If the rental fee of the substitute rental car rented pursuant to the preceding paragraph is higher than that of the reserved vehicle type, the rental fee shall be that of the reserved vehicle type, and if it is lower than that of the reserved vehicle type, the rental fee shall be that of the substitute rental car.
  4. The renter may refuse the offer to rent the substitute rental car described Paragraph 2 and may cancel the reservation.

Article 5. Cancellation of the rental agreement

  1. If the renter falls under any of the following items during the rental period, the Company may cancel the rental contract without prior notice or warning and request the immediate return of the rental car. In this case, any rental fees received by the Company pursuant to the preceding Article shall not be returned.
    1. When the renter is in violation of these terms and conditions.
    2. A traffic accident has occurred due to reasons attributable to the renter.
    3. Any of the items under Article 9 apply.
  2. If the rental car becomes unusable due to a defect before it is delivered to the renter, the renter may cancel the rental contract, except when the rental car has been dealt with pursuant to Article 22, Paragraph 3.

Article 6. Termination of rental agreement due to force majeure

  1. If the rental car is rendered unusable by a natural disaster or other force majeure during the rental period, the rental agreement will be terminated.
  2. If the events described in the preceding paragraph occur, the renter shall notify the Company to that effect.

Article 7. Early cancellation

  1. The renter may cancel the rental agreement during the rental period, with the prior consent of the Company. In such a case, the renter shall pay an early cancellation fee, as described in Article 25.
  2. If the rental car is returned during the rental period due to an accident or breakdown due to reasons attributable to the renter, the rental contract will be deemed to have been canceled.
  3. If the rental car is returned pursuant to the preceding paragraph, the Company shall not return the rental fee received pursuant to Article 4.

Article 8. Changes to rental conditions

  1. Once the rental agreement has been formed, the prior approval of the Company must be obtained before any changes can be made to the rental conditions stipulated in Article 3, Paragraph 2.
  2. The Company may decline to approve changes to the rental conditions referred to in the preceding paragraph if such changes would hinder rental operations.

Article 9. Refusal to conclude rental agreement

  1. The Company may refuse to conclude a rental contract if the renter falls under any of the following items.
    1. The renter does not have a valid driver's license with the qualifications necessary to drive the rental car.
    2. The renter is under the influence of alcohol.
    3. The renter exhibits symptoms of intoxication due to narcotics, stimulants, paint thinner, etc.
    4. The driver designated at the time of reservation and the driver at the time of rental car delivery are different.
    5. The renter is in arrears in paying fees for past rentals.
    6. During past rentals, the renter has committed an act that falls under the items listed in Article 17.
    7. During past rentals (including rentals from other rental car operators), the renter has committed an act that falls under the items listed in Article 30.

Chapter Three Rental vehicles

Article 10. Start date and time, etc.

The Company shall rent out the rental car specified in Article 14 at the start date and time and rental location specified in Article 3, Paragraph 2.

Article 11. Rental method

  1. The company delivers the rental car after the renter, together with the Company, peforms daily maintenance and inspection as prescribed in Article 47-2 of the Road Transport Vehicle Act, as well as inspection of the vehicle outer body and accessories, in accordance with a separately specified checksheet, and confirms that the rental car has no maintenance defects.
  2. If the Company finds any maintenance defects in the rental car during the confirmation described in the preceding paragraph, the Company will take measures such as replacing the rental car.
  3. When the Company delivers the rental car, the renter is issued with a prescribed automobile rental certificate containing such details as are determined by the District Transport Bureau Branch Director and the Okinawa General Bureau Transport Office Director.

Chapter Four Rental fees

Article 12. Rental fees

  1. The rental fee received by the Company, as set forth in Article 4, shall be in accordance with the list of fees submitted to the District Transport Bureau Branch Director and the Okinawa General Bureau Transport Office Director and implemented at the time of rental car rental.
  2. The total rental fees received by the Company shall be the sum of the basic fee and any incidental fees.

Article 13. Measures related to the revision of rental fees

If the rental fees referred to in the preceding article are revised after a reservation has been made pursuant to Article 2, the list of fees applicable at the time of the reservation shall apply, the provisions of Paragraph 1 of the preceding article notwithstanding.

Chapter Five Responsibilities

Article 14. Periodic inspection and maintenance

The Company rents out rental cars that have undergone periodic inspection and maintenance as stipulated in Article 48 of the Road Transport Vehicle Act.

Article 15. Daily inspection and maintenance

During the rental period, the renter must carry out daily inspection and maintenance of the rental car, as stipulated in Article 47-2 of the Road Transport Vehicle Act, before using it each day.

Article 16. Renter's duty of care

  1. The renter shall use and store the rental car with the duty of care of a prudent manager.
  2. The duty of care referred to in the preceding paragraph begins when the rental car is delivered and ends when it is returned to the Company.

Article 17. Prohibited acts

  1. The renter must not engage in any of the following acts during the rental period.
    1. Use the rental car for automobile transportation business or any similar purpose without the consent of the Company, and permission in accordance with the provisions of the Road Transport Vehicle Act.
    2. Engage in any acts that infringe upon the Company's ownership rights, such as subleasing the rental car or offering it as collateral to others.
    3. Forge or alter the car registration number plate or vehicle number plate of the rental car, or alter or refurbish the rental car, thereby changing its current state.
    4. Use the rental car for various tests or competitions, or for towing or pushing other vehicles, without the Company's consent.
    5. Using the rental car in violation of pertinent laws and regulations or public order and morals.
    6. Take out non-life insurance on the rental car without the Company's consent.

Article 18. Obligation to carry automobile rental certificate, etc.

  1. The renter must carry the automobile rental certificate issued pursuant to Article 11, Paragraph 3 with them during the rental period.
  2. If the renter loses the automobile rental certificate, they shall immediately notify the Company to that effect.

Article 19. Liability

If the renter causes damage to a third party or the Company while using the rental car, they shall be liable for compensation for the damage. However, this excludes cases due to reasons not attributable to the renter.

Chapter Six Measures in the event of an automobile accident

Article 20. Handling of accidents

  1. If an accident related to the rental car occurs during the rental period, the renter shall take any necessary legal action regardless of the scale of the accident, and shall handle the matter in accordance with the following provisions.
    1. Immediately report the circumstances of the accident to the Company.
    2. Promptly submit any documents or evidence regarding the accident required by the Company or the insurance company with which the Company has a contract.
    3. If the renter wishes to negotiate or reach an agreement with a third party regarding the accident, they must first obtain the prior consent of the Company.
    4. Rental car repairs must be carried out at the Company or at a workshop designated by the Company, unless there is a special reason that dictates otherwise.
  2. In addition to the provisions of the preceding paragraph, the renter shall endeavor to resolve matters relating to the accident at their own burden of responsibility.
  3. The Company shall provide advice to the renter regarding the handling of accidents related to the rental car, and shall cooperate in resolving such accidents.

Article 21. Business compensation

  1. If the renter causes injury or damage to themselves or the Company's rental car in connection with the use of the rental car, the they shall be liable to compensate for said damages. However, this excludes cases due to reasons not attributable to the renter or driver.
  2. If the renter is held liable for damages pursuant to the preceding paragraph, the list of fees shall be applied with respect to damage caused by accidents or theft, or any soiling or unpleasant odors due to reasons attributable to the renter or the driver that render the rental car unable to be used by the Company, and the renter shall pay in accordance with the list of fees.
  3. If the renter or driver causes damage due to willful misconduct or negligence while using the rented car, they shall be liable to compensate for the damage.
  4. The provisions of the preceding paragraph notwithstanding, in the case of damages pursuant to the Act on Special Financial Support to Deal with Disasters of Extreme Severity, if the damage is caused by force majeure in an area where a disaster of extreme severity has been designated, the renter or driver shall not be held liable for compensation in cases where rental cars are lost, damaged or losses are suffered by persons due to damaged rental cars, unless there has been gross negligence on the part of the renter or driver.

Article 22. Insurance

  1. The Company shall indemnify the renter's liability for damages as stipulated in Article 19 within the following limits, based on the damage insurance contract covering the rental car, and the Company's own compensation system.
    1. Personal compensation: limit per 1 person 80 million yen
      (including automobile liability insurance)
    2. Property compensation: limit per 1 accident 2 million yen
      (deductible amount: 50,000 yen)
    3. Passenger insurance: per 1 person 5 million yen
  2. Damages exceeding the compensation limits set forth in the preceding paragraph are to be borne by the renter.
  3. If the Company pays an amount of damages to be borne by the renter in excess of the personal compensation limit set forth in Paragraph 1, the renter shall immediately reimburse the Company for the excess amount.

Article 23. Measures in the event of an accident

  1. In the event that the renter discovers any abnormality or malfunction in the rental car during the rental period, they must immediately stop driving, contact the Company, and follow the Company's instructions.
  2. If the rental car's abnormality or breakdown is due to the renter's wilful action or negligence, the renter shall bear the costs of retrieving and repairing the rental car.
  3. If the renter becomes unable to use the rental car due to a defect that was known before delivery, the renter may receive a substitute rental car from the Company, or an equivalent measure.
  4. Other than the measures described in the preceding paragraph, the renter shall not be able to make any claim against the Company for damages caused by not being able to use the rental car.

Article 24. Waiver in the event of force majeure

  1. In the event that the renter is unable to return the rental car within the rental period due to a natural disaster or other force majeure, the Company will not hold the renter liable for any damages caused thereby. In such a case, the renter shall immediately contact the Company and follow the Company's instructions.
  2. If the Company is unable to deliver a rental car or provide a substitute rental car due to a natural disaster or other force majeure, the renter shall not hold the Company liable for any damages caused thereby.
    In such a case, the Company shall immediately contact the renter.

Chapter Seven Cancellation, refund, etc.

Article 25. Cancellation of reservation

  1. In the event that the renter cancels their reservation for reasons of their own convenience or does not conclude the rental contract, despite having made a reservation as described in Article 2, they shall be required to pay a penalty, as specified separately. When this penalty is paid, the Company shall return the reservation application fee.
  2. If the Company has accepted a reservation pursuant to Article 2 but cancels the reservation due to reasons of the Company's convenience, or fails to conclude the rental agreement, the Company will change the reservation application fee and will pay a separately specified penalty.
  3. If the rental contract is not concluded for reasons other than those described in the preceding two paragraphs even though a reservation has been made pursuant to Article 2, the reservation will be deemed to have been cancelled. In such a case, the Company shall refund the reservation application fee.
  4. The Company and the renter shall not make any claims against each other regarding the failure to conclude a rental contract, except in the cases stipulated in the preceding three paragraphs.

Article 26. Early cancellation fee

In the event that the renter cancels the contract during the rental period pursuant to Article 7, Paragraph 1, they shall be liable to pay the following early cancellation fee in addition to the rental fee the period up to the point of cancellation.
Early cancellation fee = {(basic fee for the rental contract period) - (basic fee for the period from rental to return)} x 60%

Article 27. Refund of rental fee

  1. If any of the following items apply, the Company shall refund all or part of the rental fee received from the renter, as stipulated in each item.
    1. In the event that the renter cancels the rental contract pursuant to Article 5, Paragraph 2, the full amount of the rental fee will be refunded.
    2. In the event that the rental contract is terminated pursuant to Article 6, Paragraph 1, the remaining amount after deducting the rental fee for the period after which the rental contract was terminated from the rental fee received will be refunded.
    3. In the event that the renter cancels the contract during the rental period pursuant to Article 7, Paragraph 1, the remaining amount after deducting the rental fee for the period after the vehicle was returned due to the early cancellation from the rental fee received will be refunded.
  2. In the event of the refunds referred to in the preceding paragraph, if there are any early cancellation fees or other fees that are to be paid, these may be offset against the refund.

Chapter Eight Return of vehicle

Article 28. Confirmation of condition of rental car

  1. When the renter returns the rental car to the Company, it is to be returned in the same condition that was confirmed at the time of delivery, save for wear and tear due to normal use.
  2. When the rental car is returned, the Company shall confirm the condition of the rental car in the presence of the renter.
  3. When returning the rental car, the renter must confirm, in the presence of an employee of the Company, that there are no items left behind by the renter or other passengers in the rental car. The company is not responsible for items left behind after the rental car is returned.

Article 29. Timing of return of rental car

  1. The renter shall return the rental car within the rental period.
  2. In the event that the renter extends the rental period pursuant to Article 8, Paragraph 1, they shall pay the lower of either the rental fee for the extended rental period, or the rental fee for the period up to the extension plus the excess charge.

Article 30. Place of return of rental car

  1. Rental cars must be returned to the return location specified in Article 3, Paragraph 2. However, if the return location is changed pursuant to Article 8, Paragraph 1, the vehicle should be returned to the new return location.
  2. In the event of the proviso to the preceding paragraph, the renter shall bear the cost of forwarding the vehicle due to a change in the return location.
  3. In the event that the Renter returns the rental car to a location other than the return location specified in Article 3, Paragraph 2 without obtaining the consent of the Company in accordance with Article 8, Paragraph 1, the renter shall pay the following penalty.
    Penalty = forwarding costs required due to change of return location x 100%

Article 31. Action in the event of non-return of the rental car

  1. If the renter fails to return the rental car to the return location set forth in Paragraph 1 of the preceding article even after 72 hours have passed since the expiration of the rental period, and fails to respond to the Company's request for return and it is deemed that the whereabouts of the renter are unknown and that the vehicle has been stolen, in addition to legal procedures such as filing a criminal complaint, the Company will also take measures such as reporting the failure to return the vehicle to the National Rent-a-Car Association.
  2. In the event that the preceding paragraph applies, the Company shall use all means possible to confirm the location of the rental car.
  3. In the event that Paragraph 1 applies, the renter will be responsible for compensating for the damage caused to the Company pursuant to the provisions of Article 19, and will also liable for the costs of recovering the rental car and locating the renter.

Article 32. Agreement on registration and use of credit information

The renter agrees that, should the preceding article apply, credit information based on the objective rental facts will be registered with the National Rental Car Association for a period not exceeding 7 years, and may be used by the National Rental Car Association, member prefectural rental car associations and other member businesses.

Chapter Nine Miscellaneous provisions

Article 33. Consumption tax

The renter shall separately pay to the Company any consumption tax (including local consumption tax) imposed on monetary obligations based on these terms and conditions.

Article 34. Arrears interest

If the renter fails to fulfill their monetary obligations under these terms and conditions, they shall pay arrears interest to the Company at an annual rate of 14.6%.

Article 35. Contract detailed rules

  1. The Company may establish separate detailed rules regarding the implementation of these terms and conditions.
  2. In the event that the Company establishes separate detailed rules, these shall be posted at the Company's business offices and included in the pamphlets and lists of fees published by the Company. The same shall apply if there are any changes to the detailed rules.

Article 36. Competent court of jurisdiction

If any dispute arises regarding rights and obligations based on these terms and conditions, the court with jurisdiction over the location of the Company's head office will have jurisdiction.

Supplementary rules

These terms and conditions are enforced from MMDDYY.

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