1 Borrower (including but not limited to applicants for the rental agreement) and driver (hereinafter referred to as “borrower” or “driver” both expressly consent and agree that personal data provided (including but not limited to name, contact information, demographic data, interests) can be used by Alls Corporation (hereinafter referred to as “company”)
(1) To fulfill the obligation of the rental car operators based on the basic notice concerning rental cars (hereinafter referred to as "basic notice"), such as the creation of a rental agreement, etc.
(2) To verify, confirm the identity and review the borrower or driver.
(3) Notify the borrower or driver by mailing out promotional materials, sending e-mail etc. in regards to the information on automobiles, insurance, mobile phones, other products and services that are handled by the company, including various events and campaigns etc.
(4) To conduct a survey on the borrower or driver for product development or examining measures to improve customer satisfaction.
(5) Compiling statistical data and analyzing personal information by processing in a format that will prevent and not link to any personal information whatsoever.
2 The borrower and the driver agree that the Company will provide to a third party with the personal information of the borrower and the Driver within the scope shown below, provided that the borrower and the Driver can notify the third party to opt out.
(1) Contents of offer: Information on the rental car such as purpose of use, date of start of rental and personal information such as name and address of the borrower and driver.
Chapter 1 GENERAL RULES
Article 1 (Terms and Conditions)
The Company shall rent cars (hereinafter referred to as "rental cars") to the borrower under the terms of this agreement (hereinafter referred to as the "agreement") and bylaws and the borrower shall rent it. Matters that are not stipulated in the terms and conditions of such contracts and bylaws shall be based on laws or ordinary customs.
2 We may respond to special contracts to the extent that it does not contravene the purpose, regulations and general practices of the contracts and bylaws. In case of such a special agreement, the special agreement shall take precedence over the contract and bylaws.
Chapter 2 RESERVATIONS
Article 2 (Application for Reservation)
In renting cars, the borrower consents to the Company's designated applicable fees, and in accordance with the method prescribed by the Company, the borrower shall determine the rental period, provide list of drivers, optional accessories (hereinafter referred to as "conditions”).
2. When there is a reservation application from the borrower, in principle, the Company will respond to reservations within the range of the rent-a-car owned by the Company and the borrowing conditions accepted by the Company. In this case, the borrower shall pay the reservation application fee specified by the Company, unless specifically expressed herewithin.
Article 3 (Change of reservation)
When the borrower desires to change the terms and conditions of the rental, the borrower must request for the Company's consent.
Article 4 (Cancellation of reservation)
The borrower and the Company shall cancel the rental contract by the date and time specified in Article 2, Paragraph 1.
(2) The borrower and the Company may cancel the reservation by the method prescribed by the Company. If a rent-a-car rental contract (hereinafter referred to as "rental contract") is not honored even after 15 minutes or more of the reserved rental start time, the reservation shall be deemed as canceled status.
3. When the reservation is canceled due to the circumstances of the borrower, the borrower shall pay the Company the reservation cancellation fee specified by the Company as stipulated separately (100% within 24 hours of reservation start time, and free of charge for cancellations prior to 24 hours of said reservation). When the Company has received prepayment of this reservation, the Company will refund such to the borrower.
4. In case the reservation is canceled due to the circumstances of the Company, the Company will refund the reservation application fee if already received from the borrower and pay the penalty fee specified by the Company.
5 If a rental contract is not honored due to reasons other than the specified preceding two paragraphs, the reservation shall be deemed as canceled status. In this case, the Company shall return the reservation deposit received from the borrower and the borrower shall pay the reservation cancellation fees to the Company.
6. Each Party will indemnify, defend and hold the other Party and its assignees, agents, officers and employees harmless from and against any claims, suits, proceedings, costs, liabilities, expenses (including court costs and reasonable legal fees), or damages (Claims) resulting from the cancellation of said agreement.
Chapter 3 LEASE OR RENTAL
Article 5 (Execution of Rental Agreement)
The borrower shall execute the rental contract with the terms of rental clearly stating the terms of the borrower, and the terms of the Company, according to the agreement, price list, etc.
2 In concluding a contract for rental, the driver shall comply with the terms and conditions stipulated under the driver obligations under the terms and bylaws.
3 Based on the basic notice 2 (10) and (11), provided by the rental log (original rental document) and the rental certificate prescribed in Article 11 with the driver's name, address, driver's license type and driver's license in order to attach a copy of the certificate, upon the conclusion of the negotiating contract, the borrower is asked to present the driver's license designated by the borrower, and if the company deems it necessary, the copy is submitted. In this case, the borrower shall present his / her driver's license when he / she is a driver and submit a copy thereof if the company requests, and if the borrower and the driver are different, the borrower shall Then, let the driver's license be presented and, if we ask for it, make a copy of it.
4. In concluding the contract for the credit, the Company may ask the borrower to submit a document certifying the identity in addition to the driver's license and take a copy of the submitted document.
5. Upon conclusion of the contract of the contract, the Company shall request the borrower or driver to present an emergency contact number such as mobile phone number.
6. Upon entering into a contract for the payment of the contract, the Company may designate the payment method such as credit card, cash, etc. to the borrower.
7. If the borrower or driver does not comply with the preceding five paragraphs, the Company may refuse to conclude the contract and cancel the reservation. In addition, regarding the handling of reservation deposit etc. in this case, Article 4 paragraph 5 shall apply.
Article 6 (right to refuse)
1 The Company shall refuse to conclude a contractual agreement for the reservation if the borrower or driver fails any of the following terms:
(1) When you do not have a driver’s license required for driving a rental car.
(2) When deemed to be intoxicated from alcohol consumption.
(3) When deemed to be under the influence of narcotics, stimulants, inhaling thinners, etc.
(4) When deemed that the driver or borrower belongs to a designated organized crime group, a member of a designated group of organized crime groups or stakeholders, or other antisocial organizations.
(5) When conducting violent acts or requesting a burden beyond the reasonable range, or using violent acts or words in relation to transactions with the Company, to employees of the Company and other related persons.
(6) When the Company is made aware of any negative or inappropriate comments or our business has been interfered.
(7) When in any violation of the terms and bylaws.
(8) Any other when the Company deems that it is inappropriate.
2 Notwithstanding the preceding paragraphs, in case of the following items, the Company may refuse to conclude the contractual agreement and cancel the reservation. In addition, Article 4, paragraph 5 shall remain in effect in terms of handling of the reservation deposit etc.
When there is no rental car on hand.
3 The provisions of Article 4, paragraphs 4 to 6 shall apply to the handling of reservation deposits etc. when the Company refuses to conclude a contractual agreement for the terms of the preceding two paragraphs.
Article 7 (Establishment of Rental Agreement, etc.)
The rental agreement shall be concluded when the borrower signs the rental contract and delivers the rent-a-car (including accessories, further referred to as “accessories”) to the borrower. In this case, the reservation deposit received will be used as part of the rental fee.
2 The delivery set forth in the preceding paragraph shall be made at the date and time of the rental and the place of such rentals under Article 2.
Article 8 (Rental charge)
In the event that a rental contract has ended, the borrower shall pay the Company a rental fee specified in the following paragraph.
The rental fee refers to the total amount below and the Company will specify each price or depending upon the destination in the price list.
(1) Basic charges
(2) Insurance fees
(3) Special equipment fees
(4) Other charges
3 Basic fees shall be based on the fee notified by the Company to the Director of Transport Bureau in the Jurisdiction at the time of rental car rental.
4. When the Company revises the rental fee after completing the reservation under Article 2, the borrower pays the lower of the fee applied at the time of booking and the fee charged at the time of rental.
Article 9 (Changes of the Terms and Conditions)
Upon entering into the rental contract, the borrower shall, when intending to change the terms of such rental under Article 5, obtain consent from the Company.
Article 10 (Inspection and maintenance etc.)
The Company shall do the necessary inspection as specified in Article 47-2 of the Road Trucking Vehicle Act (Daily Inspection and Maintenance) and Article 48 (Periodic Inspection and Maintenance) in order to rent cars that have carried out the required maintenance.
(2) When borrowing a rent-a-car, the borrower or Rider shall inspect the appearance and accessories of the vehicle based on a separate inspection sheet, confirm that there are no defects, maintenance problems in the car, etc. and must confirm that the terms and conditions are met.
Article 11 (Issuance and Execution of such rental agreement)
When delivering a rental car, the Company shall deliver to the borrower a rental agreement stating the contents stipulated by the Director of Transportation Bureau in such Jurisdiction of the Transportation Bureau.
(2) During the use of the rental car, the borrower or driver shall carry the Rental agreement issued under the preceding paragraph at all times.
(3) When a borrower or a driver loses such agreement, borrower or Driver shall immediately notify the Company to that effect.
4. The borrower or the driver shall return the rental agreement to the Company together with the return of the rental car.
Chapter 4 USAGE
Article 12 (Responsibility of borrower or Driver while under the agreement)
The borrower or the driver shall use and maintain the car rental in good condition without abuse until the time the car is received and returned to the Company (hereinafter referred to as "in use").
(2) When using a rental car, a borrower or a Rider shall comply with the laws, regulations, bylaws, detailed instructions, instruction manuals, and other usage directions provided by the Company and use of such rental cars.
Article 13 (Daily inspection and maintenance)
The borrower or driver shall carry out the necessary daily inspection and maintenance specified in Article 47-2 of the Road Trucking Vehicle Act (daily inspection and maintenance) before using it every day for rent-a-cars borrowed during the terms of the agreement.
Article 14 (Prohibited act)
borrower or driver shall abide by all laws and shall not commit any of the offenses, including but not limited to the following:
(1) To use rent-a-cars for purposes other than the intended purpose of use, or to let people other than the driver of Article 5 operate.
(2) To use a rental car in violation of any laws or public orders and morals.
(3) To commit other acts in violation of the rental terms and conditions or the terms of payment under Article 5.
Article 15 (illegal parking and parking violations)
When borrower or driver carries out illegal parking prescribed in the Road Traffic Act with regards to rent-a-car, borrower or driver shall appear at the nearby police station (hereinafter referred to as the "jurisdictional police station") that has the jurisdiction over the area that the car was illegally parked and immediately after such illegal parking, (Hereinafter referred to as "violation disposition"). borrower or driver shall be responsible for any penalties, fees, charges, towing, etc. if found guilty.
2. When the police inform us of illegal parking of such car rental, Company will contact the borrower or driver, promptly to move the rental car, and at the expiration of the rental car's borrowing period or by the time the company orders the jurisdiction police. The borrower or driver shall obey the police and the car will be towed, if necessary, and kept at a location that the police designates until the end of the rental agreement. In addition, the Company may pick up rental cars from the police at the sole discretion of the Company when the rental car is towed by the police.
3. After making the instructions set forth in the preceding paragraph, we will confirm and assess the status of violation processing by means of such traffic announcements, payment forms, receipts, etc. at the judgment of the Company, and if not processed by the borrower or driver repeatedly under the preceding paragraph. In addition, if the borrower or driver does not comply with the instructions set forth in the preceding paragraph, the Company shall be able to cancel the rental agreement without any notice or demand and can immediately request the return of the rental car. The borrower or driver must sign the authorization form (hereinafter referred to as "Authorization Form") to the fact that he or she promises to appear in court or police for any illegal parking committed.
4 Notwithstanding the provision concerning the handling of personal information at the beginning of this agreement, the borrower or the driver shall submit materials including personal information such as a self-admission letter and a rental certificate to the police if the company deems it necessary. In addition, borrower or driver agree to submit necessary documents such as the declaration, self-approval, rental certificate etc. as stipulated in Article 51-4, Section 6 of the Road Traffic Act of the Public Safety Commission.
5. In the event that the borrower or driver does not satisfy any violations committed during and until returning of the rental car, if the Company incurs any expenses (hereinafter referred to as "Searching Expenses") required for searching the borrower, Driver or Car Rental, any and all expenses incurred (hereinafter referred to as "vehicle management expenses") required for the towing, storage, collection, etc. of the vehicle, the borrower or driver shall pay the Company of the following costs by the due date specified by the Company.
(1) Penalty and fee of said infraction or offense
(2) Parking penalty stipulated separately by the Company (hereinafter referred to as "parking infraction" in conjunction with the above (1) equivalent amount of negligence)
(3) Search cost and vehicle management fee
6. The Company shall pay the penalty pertaining to such parking violation after the borrower or driver paid the parking infringement fees pursuant to the preceding paragraph if a judgment in the family court results in rescinding or a non-guilty verdict, and when the penalty is refunded to us, the Company will refund the such penalty or fees to the borrower or driver.
Chapter 5 RETURN
Article 16 (Responsibility for Return of Borrower)
The Borrower shall return the rental car to the Company at a predetermined return location by the time the rental contract expires.
(2) If the borrower is unable to return the rental car within the period due to natural disaster or other force majeure, the borrower shall immediately contact the Company and follow the instructions of the Company.
Article 17 (Confirmation of rental car etc.)
The borrower shall return the car in the same condition at the time of the rental except for normal wear and tear.
(2) Upon returning the rental car, the borrower shall confirm that there are no belongings left in the rental car and the Company shall assume no responsibility for the storage of any articles left behind after the return of the rental car.
Article 18 (timing of return of rental car etc.)
If the borrower has extended the borrowing period pursuant to Article 11, the borrower shall pay the rental fee corresponding to the renting period after the change, or the fee which is the sum of the pre-arranged rental fee and the extension fee, whichever is lower.
(2) The borrower shall pay as a penalty fee, in addition to the charge set forth in the preceding paragraph, double (2 times) the extension rate corresponding to the excess time, when the Company is not notified of such extension, pursuant to Article 11.
Article 19 (Place of return of car rental etc.)
When the borrower changes the prescribed returning location pursuant to Article 11, the borrower shall bear the expenses (hereinafter referred to as "Forwarding Cost") necessary for forwarding due to the change of the returning location.
(2) The borrower shall pay a penalty fee of twice the amount of the transfer fee when returning the rental car to a place other than the predetermined return location and without obtaining the consent from the Company under Article 11.
Article 20 (Measures to be taken if rental cars are not returned)
When any of the following criteria are not met by the borrower, the Company shall take necessary measures to confirm the location of the rental car by using the vehicle position information system such as GPS, in addition to legal procedures such as conducting a criminal investigation.
(1) When borrower does not respond to our request for return despite the expiration of the borrowing period.
(2) When the location of the borrower is unknown and is deemed non-returnable.
2 In case of each items of the preceding paragraph, the borrower shall pay to the Company the expenses incurred for such actions taken by the Company.
Chapter 6 MEASURES TO BE TAKEN WHEN IN AN ACCIDENT, MECHANICAL FAILURE, OR THEFT
Article 21 (mechanical malfunction or failure)
When the borrower or driver finds an abnormality or malfunction of a rental car while in use, borrower must immediately cease driving, inform the Company, and perform the instructions from the Company.
Article 22 (Accident)
When the borrower is involved in any type of accident, the borrower or the driver shall immediately cease driving, take measures in accordance with laws regardless of the graveness of the accident, and take the following measures.
(1) Immediately report the accident to the company and follow instructions.
(2) When repairing a rental car based per the instructions in the preceding issue, do so at the mechanic designated by the company, unless otherwise instructed and approved.
(3) To cooperate with the investigation of the Company and the insurance company contracted by the Company concerning the accident, to submit any documents necessary or required by the Company and the insurance company without delay.
(4) Borrower or driver must obtain consent from the Company in advance in case of making any types settlements or other agreements with the other party involved in the accident, whether in court or outside of court.
(2) The borrower or driver shall handle and resolve the accident at its own responsibility in addition to the preceding paragraph.
3 The Company will advise on how to handle the accident for the borrower or driver whom shall cooperate in resolving the accident in a timely manner.
4 In case the rental car is equipped with an in-vehicle recording device, the Company will confirm all necessary and available information pertaining to the accident and in accordance of the time the accident happened in order to fully understand what occurred before, during and after the accident.
5 The Company shall take measures by verifying the record set forth in the preceding paragraph if necessary.
Article 23 (auto theft)
Borrower or driver shall take the following measures when the rental car is stolen, or discovers any type of damage.
(1) Immediately notify the nearby police.
(2) Immediately report the situation to the Company and follow instructions.
(3) To cooperate with the investigation of the Company and the insurance company contracted by the Company concerning the theft or damage, and to submit any documents necessary and required by the Company and the insurance company without delay.
Article 24 (Termination of the rental agreement due to incapacity)
If the rental car becomes incapacitated due to a malfunction or breakdown, accident, theft or other reason (hereinafter referred to as "breakdown, etc.") during the rental period, the rental contract shall be terminated.
(2) In such a case as referred to in the preceding paragraph, the borrower or the driver shall bear the cost required for the recovery and repair of the rental car, and the Company shall not return any rental fees already received. Provided, however, that this shall not apply to cases where a failure or the like is caused by the reason specified in below paragraph 3 or paragraph 5.
3 In the event of a defect or the like caused by a defect which preexisted before renting, the borrower shall be able to receive an alternative car from the Company or take measures as provided in Article 4, paragraph 3.
4 In the event that a breakdown or the like arises due to reasons unavoidable or inevitably to either the borrower, the driver or the Company, the Company will, from the rental fee already received, during the period from lending to the expiration of the rental contract, reimburse the balance to the borrower.
(5) With the exception of the measures provided for in this section, the borrower and the driver shall not be able to make any claims other than those stipulated in this section for damages caused by failure to use the rental car.
CHAPTER 7 LIABILITY AND COMPENSATION
Article 25 (Reparation by borrower and Compensation for business lost)
When the borrower or driver causes damages to a third party or the Company during the rental, the borrower or driver shall compensate for any damages except in cases of such damages resulting from fault of the company.
2 Among the damages of the Company provided in the preceding paragraph, any damages caused by accidents, thefts, failures due to reasons attributable to the borrower or driver's responsibility, including damages such as odor pollution, sanitary pollution etc. of the rental car, resulting in the fact that the company cannot use the rental is subject to the borrower’s responsibility to make amends by paying for such fees including by not limited to those listed in the price list.
3 Notwithstanding the preceding paragraphs, notwithstanding Article 2 of the Special Financial Measures Law (statute No. 150 of 1960) to cope with severe disasters, disasters designated as serious disasters (hereinafter referred to as "severe disasters" ), if the loss is lost due to force majeure in the area specified as the serious disaster, damaged, or other damaged car rental, the borrower or driver shall not be liable for damages caused by the accident and shall not be bear necessity to compensate for such damages.
Article 26 (Insurance)
When the borrower or driver assumes liability under the terms and bylaws, insurance benefits within the following limits will be paid according to the property insurance contracts entered by the Company regarding rental cars. However, this insurance benefit will not be paid if it falls under the deductible of the insurance policy.
(1) bodily injury to others - unlimited (including mandatory vehicle liability insurance)
(2) Collision - Unlimited for accident (deductible of 50,000 yen)
(3) Vehicle Compensation 1 Up to market price per accident (deductible amount is 50,000 yen, however, buses and large freight cars 100,000 yen)
(4) Personal injury compensation Up to 30 million yen per person
2 Damages not covered by insurance claims and damage exceeding the insurance amount provided under the provisions of the preceding paragraph shall be the responsibility the borrower or driver.
3. When the Company pays the damages on behalf of the borrower or driver prescribed in the preceding paragraph, the borrower or the driver shall immediately reimburse back to the Company.
4 With respect to any damages equivalent to the insurance claim deductible specified in paragraph 1, the company will cover the cost when the borrower has paid for the deductible in advance. However, when there is no payment of such deductible, the borrower or driver shall be responsible for all costs.
5 The premium amount which is equivalent to damage insurance contract prescribed in paragraph 1 is included in the rental fee.
Chapter 8 CANCELLATION
Article 27 (Cancellation of Rental Agreement)
When the borrower or driver violates the Covenant and bylaws explained during the borrowing period, the Company shall be able to cancel the rental contract without any notice or demand and can immediately request the return of the rental car. In such a case, the company will not refund the received rental fee to the borrower.
Article 28 (Cancellation by consent)
The borrower shall be able to terminate the Rental Agreement even during the rental period provided the Company consents. In this case, the Company shall not refund the fee specified in Article 8.
Article 29 (Offsetting)
If the Company incurs a monetary obligation to the borrower based on the contracts and bylaws, the company is able to offset the monetary obligation to the borrower at any time when the borrower has a balance towards the company.
Article 30 (consumption tax)
The borrower shall pay the Company the consumption tax imposed on transactions based on the terms and conditions and bylaws.
Article 31 (delinquency charges)
If the borrower, driver or company neglects to fulfill the financial obligations under the terms and conditions and bylaws, the either party can bill a delinquency charge to the other party at a rate of 14.6% per annum.
Article 32 (Third party substitute renter)
Article 33 (Governing law etc.)
This Agreement shall be construed in accordance with and governed by the laws of Japan.
2 If there is any inconsistency or ambiguity among the English, and non-Japanese versions of the rental agreement, the Japanese version shall prevail.
Article 34 (Terms and Conditions and Detailed Regulations)
We are able to revise the terms and conditions of the contract and bylaws as such and is subject to change without notice.
2 When revising the terms and conditions, regulations and bylaws or separately specifying the bylaws, we will post it conspicuously on our business branch and will also be available on the company brochure, signage or website. The same shall apply when the company changes this.
Article 35 (Court of Competent Jurisdiction)
When a dispute arises concerning the rights and obligations under this agreement and bylaws, the court having jurisdiction over the head office location of the Company shall be the exclusive jurisdictional court.
Supplementary agreement will come into force on July 1, 2018