HOME → 貸渡約款/LENDING AGREEMENT
Chapter 1 General rules
(Application of Terms and Conditions)
The Company shall lend a rental car (hereinafter referred to as "rent-a-car") to the borrower pursuant to the provisions of this agreement, and the borrower shall be borrowed from it. Matters that are not stipulated in this agreement are based on laws or ordinary customs.
2 The Company may respond to special provisions to the extent that it does not contradict the purpose of this agreement, laws, regulations, administrative instructions and general practices. In case of special agreement, the special contract shall take precedence over the contract.
Chapter 2 Reserving
In hiring a rental car, the rented car agrees to the terms of service and the schedule separately prescribed, etc, and in accordance with the method specified separately, the rental car is required to preliminarily acquire the vehicle class, the borrowing start date and time, the borrowing place, the borrowing period, the refund place, the driver, the child seat It is possible to make an application for reservation with clearly indicating the necessity of accessories and other borrowing conditions (hereinafter referred to as "borrowing conditions").
2. In principle, we will respond to reservations within the range of rent-a-car owned by our company when there is a reservation application from the borrower. In this case, the Renter shall pay reservation application fee specified separately, unless we specifically acknowledge it.
When intending to change the terms of borrowing under paragraph 1 of the preceding article, the Renter shall receive approval from the Company in advance.
(Reservation cancellation etc.)
The Renter can cancel the reservation by the method specified separately.
2 If the Renter has not initiated the procedure for concluding a Car Hire Contract (hereinafter referred to as "Rental Contract") even if an hour or more has elapsed from the reserved borrowing start time due to the circumstances of the Renter , The reservation shall be canceled.
3 In the case of the preceding two paragraphs, the Renter shall pay a reservation cancellation commission to the Company as otherwise specified, and upon payment of this reservation cancellation fee, the Company shall borrow the received booking deposit, When we receive payment of this reservation cancellation fee, we will return the booking deposit received to the borrower
4. In the event that the reservation is canceled or the credit contract is not concluded due to the circumstances of our company, we will refund the reservation deposit already received and pay the infringement according to separately specified provisions.
5 The reservation shall be canceled if a lending contract has not been concluded due to an accident, theft, repayment, recall, natural disaster or other reasons not depending on the borrower or the Company's responsibility. In this case, we will refund the reservation application fee already received.
(Alternative car hire)
When we can not lend a rent-a-car of a car class which we have reserved from the borrower, we can offer to rent a car of a different type of car class (hereinafter referred to as "alternative car rental car") will do.
2 When the Renter accepts the offer set forth in the preceding paragraph, the Company shall lend an alternative rental car under the same borrowing conditions as at the time of reservation except for the car class. When the rental fee of the alternative car rental is higher than the rental fee of the reserved car class, it is based on the rental fee of the reserved car class, and when the rental fee is lower than the rental fee of the reserved car class , The rental fee will be based on the rental car class of the substitute rental car.
3 The Renter may refuse to apply for rental of the substitute rental car set forth in paragraph 1 and cancel the reservation.
4 In the case referred to in the preceding paragraph, if the reason why the loan can not be made under paragraph 1 is handled as a cause attributable to the Company's responsibility, it is treated as rescission of the reservation under Article 4, paragraph 4, In addition to paying the penalty fee according to separately specified provisions.
5 In the case of paragraph 3, if the reason why the loan can not be made under paragraph 1 is treated as a cancellation of the reservation specified in Article 4, paragraph 5, when the reason is not attributable to the Company's responsibility, Application fee shall be refunded.
The Company and the Renter shall not make any request for mutual cancellation of the reservation being canceled or the negotiation contract has not been concluded except as provided in Article 4 and Article 5.
Renter can apply for reservation on a travel agency dealing with reservation work on behalf of our company, a partner company (hereinafter referred to as "agency").
2 Renter who made the application under the preceding paragraph to a substitute vendor may only request change or cancellation of the reservation to that substitute agent.
Chapter 3 Lending
(Conclusion of outright contract)
The Renter shall clearly state the terms of borrowing prescribed in Article 2, Paragraph 1, and the Company shall conclude a credit agreement by clarifying the terms of the loan based on this contract, the price list, etc. However, excluding cases where there is no rent-a-car that can be lent or when the borrower or driver falls under any of the items of Article 9 paragraph 1 or 2.
2 In case of concluding a negotiable contract, the Renter shall pay the Company a rental fee specified in Article 11, paragraph 1.
3 Based on the basic notice (Note 1) of the regulatory agency, the Company shall appoint the driver's name, address, type of driver's license and driver's license in the rental letter (rental document) and the rental certificate prescribed in Article 14, paragraph 1 In order to attach the number of the driver's license (Note 2) or to attach a copy of the driver's license, in order to conclude the contract of the lending, the borrower is requested to provide the driver designated by the borrower Requesting the presentation of a driver's license and requesting the submission of the copy In this case, the borrower presents his / her driver's license when he / she is a driver, If the borrower and the driver are different, the driver's license will be presented and a copy thereof shall be submitted.
(Note 1) The basic notice of the regulatory agency is the basic notification of 2. (10) and (11) of the Director-General of the Ministry of Land, Infrastructure, Transport and Tour of the Ministry of Land, Infrastructure, Transport and Tourism's "Notice of rent-a-car" (Self Travel 138, June 13, 1995) I mean that.
(Note 2) "Driver's license" refers to the driver's license of the 14th form in addition to the driving license prescribed in Article 92 of the Road Traffic Act, Article 19 of the Ordinance for Enforcement of the Road Traffic Law. The international driver's license or foreign driver's license stipulated in Article 107-2 of the Road Traffic Act shall be in accordance with the driver's license.
4. Upon the conclusion of a lending contract, the Company may ask the borrower and driver to submit a document that can be verified in addition to a driver's license, and may take a copy of the submitted document.
5 In concluding the contract, we ask for notice such as mobile phone number to contact the borrower and driver during the borrowing period.
6. Upon entering into a contract for credit, the Company may ask the Renter to pay by credit card or cash, or specify other payment methods.
(Refusal to conclude a negotiable contract)
When a borrower or a driver falls under any of the following items, it shall not be possible to enter into a loan agreement.
1 When there is no presentation of a necessary driver's license for driving a car hire.
2 When it is deemed to be drunk.
3 When it is deemed to have toxic symptoms due to narcotics, stimulants, thinners, etc.
4 When bringing infants under 6 years of age despite having no child seat.
5 When it is recognized that it is a gang group, a member of a gang group related organization or a related person, or a person belonging to other antisocial organization.
2 Where a Renter or a driver falls under any of the following items, the Company may refuse to conclude a contract for lending.
1 When the driver determined for the reservation is different from the driver at the conclusion of the contract.
2 When there is a fact that we have delinquent payment of the rental fee in the past lending.
3 In the past lending, there was an act listed in each item of Article 17.
4 When the facts listed in Article 23, paragraph 1 are found in the past lending (including lending by other rental car carriers).
5 In the past lending, there was a fact that automobile insurance was not applied due to credit agreement or insurance policy violation.
6 When the condition specified separately is not satisfied.
3 In the case of the preceding two paragraphs, when a reservation has been already established with the borrower, if it is deemed that the reservation was canceled and received a payment of the reservation cancellation fee from the borrower, the receipt Shall be refunded to the borrower
(Establishment of a contract for credit etc.)
The loan agreement shall be concluded when the borrower pays the rental fee to the Company and hands over the rental car 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 borrowing place specified in the same paragraph at the date of borrowing start in Article 2, Paragraph 1.
The rental fee refers to the total amount of the following fees, and the Company shall specify each amount or calculation basis on the price list.
1 Basic charge
2 Special equipment fee
3 fuel cost
4 Car delivery schedule charge
5 Other charges
2 Basic fee shall be based on the fee that we have notified to the Director of Regional Transport Bureau Transport Bureau at the time of rental car lending.
3 When we revise the toll fee after making a reservation under Article 2, we will use the lower rental fee by comparing the fee passed at the time of booking and the fee at the time of booking.
(Change of borrowing conditions)
Upon concluding a lending contract, the Renter shall accept the Company's approval in advance if it intends to change the terms of borrowing under Article 8, paragraph 1.
2. We may not approve the change if the obligation to lend business is caused by the change of the borrowing conditions under the preceding paragraph.
(Maintenance and check)
We shall inspect as stipulated in Article 48 of the Road Trucking Vehicle Law (Periodic Inspection and Maintenance) and lend rented cars that have carried out necessary maintenance.
2 The Company shall conduct the inspections specified in Article 47-2 of the Road Trucking Vehicle Law (daily inspection and maintenance) and implement necessary maintenance.
3 The Renter or the Rider shall not have defective maintenance of the rent-a-car as a result of inspection and maintenance under the preceding two paragraphs and inspection of the body appearance and accessories based on a separate inspection table prescribed separately. Other rent-a-car satisfies the borrowing conditions We shall confirm that there is.
4 In the event that a defective maintenance is found in a rental car as a result of the confirmation set forth in the preceding paragraph, the Company shall implement the necessary maintenance, etc. immediately.
(Delivery of rental certificate, mobile phone etc)
When we hand over a rental car, we will deliver to the borrower or driver a prescribed letter of credit stating the matters determined by the Director of Transportation Bureau of the Regional Bureau of Transportation.
2 A Renter or a Rider shall carry a Rental Certificate issued under the preceding paragraph while using a rental car
3 When a Renter or a driver loses a Certificate of Loan, he / she shall immediately notify the Company to that effect.
4 In the case of refund of rental car, the Renter or driver shall also return the Credit Card to the Company at the same time.
Chapter 4 Usage
(Hereinafter referred to as "in-use") until receiving the delivery of the rental car or the driver, after the delivery of the rental car (hereinafter referred to as "in-use"), the car rental will be used and stored with the careful supervision of the good administrator
(Daily inspection and maintenance)
The Renter or driver shall inspect the car hire according to Article 47-2 of the Road Trucking Vehicle Act (Daily Inspection and Maintenance) before using the car rental daily, and shall carry out necessary maintenance I will.
The Renter or the driver shall not do the following acts during use.
1 To use rent-a-cars for the automobile transport business or similar purpose without obtaining our consent and permission etc. based on the Road Transport Law.
2 To have a rent-a-car used for purposes other than the intended use, or to be operated by a driver other than the driver listed on the rental certificate under Article 8, paragraph 3 and the person who obtained the consent of the Company.
3 To conduct any act that infringes our rights, such as subleting a rental car or providing it for other collateral.
4 To change the original state such as counterfeiting or corrupting a car registration number or vehicle number mark of a rental car, or remodeling or renting a rental car.
5 To use rent-a-car for various tests or competitions or use it for towing or boosting other vehicles without receiving our consent.
6 To use a rental car in violation of laws or public order and morals.
7 To participate in damage insurance for rent-a-car without receiving our consent.
8 To bring rental car outside Japan.
9 To do other acts in violation of the terms of borrowing under Article 8, paragraph 1.
(Measures etc in case of illegal parking etc)
When the borrower or driver makes illegal parking pursuant to the Road Traffic Act with regard to rental cars during use, the borrower or driver will appear at the police station jurisdiction over the area where illegal parking has taken place and immediately illegally Payment of infringement charges etc. on parking, and bear various expenses such as towker movement, storage, taking over accompanying illegal parking.
2 When we receive a notification from the police about negligent parking of the rental car, we contact the borrower or driver, promptly move or pick up the rental car and at the end of the rental car's borrowing period or instructed by our company By the time we will instruct you to go to the police station to handle the violation and the borrower or driver will obey it. In addition, we may pick up your rental car from the police by yourself, depending on the judgment of our company, if the rental car is moved by the police.
3 After making the instructions set forth in the preceding paragraph, we will confirm the status of the violation processing by the traffic foul announcement or payment slip, receipt etc. according to the judgment of the Company, and if it is not processed, it will be processed To the borrower or driver in accordance with the preceding paragraph. In addition, the Company requests the borrower or the driver to inform the borrower or driver of the fact that he / she has violated the negligent parking, the company prescribed document to appear on the police station, etc. and approve to comply with the legal measures as a violator Authorization letter ") by himself / herself, and the borrower or driver shall follow it.
4 In case our company deems it necessary, in order to pursue the liability for the negligent parking violation against the borrower or driver by submitting materials containing personal information such as self-approval letter and credit card etc to the police etc In addition to doing necessary cooperation, we also submit to the Public Safety Committee documents, such as the declaration and autobiography written in Article 51-4, Paragraph 6 of the Road Traffic Act, documents such as credit cards, and report the facts The necessary legal actions shall be taken and the borrower or driver agrees with this.
5 When we receive an order of payment of nonpermanence violation as stipulated in Article 51-4, Paragraph 1 of the Road Traffic Act and paid a negligence violation, or the expenses required for the search of the borrower or driver, or the movement, storage, withdrawal If we incur the expenses required for taking etc., we will request the borrower or driver of the following amounts (hereinafter referred to as "parking violation related expenses"). In this case, the borrower or the driver shall pay the parking breach related expenses by the date specified by the Company.
6 In cases where a borrower or driver should pay penalties pertaining to illegal parking pursuant to the provisions of paragraph 1, the Company's instructions to the effect that the borrower or driver should handle the violation under paragraph 2 Or if we do not comply with the Company's request to sign a certificate based on paragraph 3 to the effect that we are required to sign it, we will assign it to the borrower or driver , We can claim the parking strike money (hereinafter referred to as "parking strike money" in the next paragraph) of the amount separately determined by the Company.
7. When the Renter or driver pays the Company the amount requested by the Company pursuant to paragraph 5, the borrower or the driver pays a penalty pertaining to the parking violation at a later date, or a prosecution is filed If the order of payment for negligence of penalty for cancellation is canceled and the Company receives a refund of uncollectible infraction money, the Company will pay only the amount equivalent to the negligence of the parked expenses already paid by the borrower or It shall be returned to the driver.
Chapter 5 Return
(Responsibility for Return)
The Renter or driver shall return the rental car to the Company at a predetermined return location by the time the borrowing period expires.
2 When a Renter or a driver violates the provisions of the preceding paragraph, he / she shall indemnify for any damages given to the Company.
3 A Renter or a driver shall not be liable for damages arising in the Company if the rental car can not be returned within the borrowing period due to natural disaster or other force majeure. In this case, the borrower or driver immediately contacts us and follows our instructions.
(Confirmation at the time of return etc.)
The Renter or the driver shall return the rental car under the Company's presence. In this case, except for areas that are worn by normal use, we shall return in the state of delivery and delivery.
2 Upon returning the rental car, the Renter or the Rider shall return the Car Rental Cars after confirming that there is no Renter, Driver or Fellow Passenger's retained items, and after returning the rental car, We shall not be held responsible for keeping items.
(Rental fee at change of borrowing period)
When a borrower or driver changes the borrowing period pursuant to Article 12, Paragraph 1, he / she shall pay the rental fee corresponding to the changed borrowing period.
2 Upon returning the rental car, the Renter or the Rider shall return the Car Rental Cars after confirming that there is no Renter, Driver or Fellow Passenger's retained items, and after returning the rental car, We shall not be held responsible for keeping items.
When the Renter or the driver changes the prescribed returning location pursuant to Article 12, Paragraph 1, he / she shall bear the cost of the necessary transfer due to the change of the returning place.
2 When a Renter or a driver returns a rental car to a place other than a specified return location without obtaining the consent of the Company pursuant to Article 12, paragraph 1, the rental place change penalty fee set forth in the following shall be paid
Refund location change penalty fee = Cost required for forwarding required due to change of return location × 150%
(Measures to be taken in case of non-refund)
If the borrower or driver does not return the rental car to the designated returning place despite the expiration of the borrowing period and when the borrower or driver does not respond to our return request or if the location of the borrower is unknown If it is deemed to be non-refundable for reasons such as becoming etc., we shall take legal measures such as conducting a criminal prosecution.
2 When it comes to falling under the preceding paragraph, in order to confirm the location of the rental car, we conduct interviews with the borrower or family members, relatives, workplaces etc of the driver, work on the vehicle position information system, etc. We will take the necessary measures including.
3 If it falls under paragraph 1, the borrower or driver shall be liable to compensate for the damage given to the Company pursuant to the provisions of Article 28. In addition to collecting car rental and searching for borrowers or drivers We will bear the expenses required for.
CHAPTER 6 Measures for Malfunction, Accident, Theft
(Measures to be taken at the time of failure detection)
When the borrower or driver finds an anomaly or failure of a rental car during use, he / she immediately stops driving, informs the Company, and obeys our instructions.
(Measures to be taken in case of accident)
When an accident pertaining to a rental car occurs during use, the borrower or the driver shall immediately stop driving, take measures in accordance with laws regardless of the size of the accident, and take the following measures.
1) Immediately report the accident situation etc. to our company and follow our instructions.
2 When repairing a rental car based on the instructions of the preceding issue, do so at the factory designated by the Company or our company, unless we accept it.
3 To cooperate with the investigation of the Company and the insurance company contracted by the Company concerning the accident and submit the necessary documents etc. without delay without delay.
4 When establishing an agreement with the counterparty concerning the accident, obtain our consent in advance.
2 In addition to taking the measures set forth in the preceding paragraph, the Renter or the driver shall handle and resolve the accident at its own risk.
3 The Company advises on the handling of the accident for the borrower or driver and shall cooperate in solving the accident.
(Measures to be taken when a theft occurs)
In the event of theft of a busy car rental car or other damage suffered by the borrower or driver, the following measures shall be taken.
1 to inform the nearest police immediately. In case of
2 Immediately report the damage situation to us and follow our instructions.
3 Report theft, other damage situation etc to us and follow our instructions.
Documents required together should be submitted without delay.
(Termination of negotiable contract due to unavailability)
If the rental car becomes unusable due to breakdown, accident, theft or other reason (hereinafter referred to as "malfunction, etc.") during use, the contract for rental contract shall be terminated.
2 In the case referred to in the preceding paragraph, the Renter or the driver shall bear the expenses required for taking over and repairing the rental car, and the Company shall not refund the received rental fee. Provided, however, that this shall not apply to cases where a failure or the like is caused by the reason specified in paragraph 3 or 5.
3 In the event of a defect or the like caused by a defect existing before lending, it is assumed that a new contract has been concluded, and the borrower can receive alternative car rental from the Company. In addition, Article 5, Paragraph 2 shall apply mutatis mutandis to the conditions for providing alternative car rental.
4. If the Renter does not receive the substitute rental car provided in the preceding paragraph, the Company shall fully refund the received rental fee. The same shall apply when we can not provide alternative car hire.
5 In the event that a breakdown or the like arises due to reasons unavoidable attributable to either the borrower, the driver or the Company, the Company shall, from the received rental fee, from the borrower to the end of the borrowing contract The balance shall be refunded to the lessee after deducting the corresponding rental fee.
6. With the exception of the measures provided for in this section, the Renter and the driver shall not be able to make any claims other than those stipulated in this section to the Company for damages caused by failure to use the rental car.
CHAPTER 7 COMPENSATION AND COMPENSATION
(Compensation and business compensation)
A borrower or a driver shall indemnify the damages of Takashi if it damages a third party or the Company during the use of the rental car borrowed by the borrower or driver. However, except for reasons attributable to our company.
2. Among the damage of the Company in the preceding paragraph, damage due to accident, theft, failure due to reasons attributable to the borrower or driver's responsibility, damage due to the company's inability to use the rent-a-car due to contamination, odor etc. of the rental car shall be stipulated in the price list And shall be paid by the borrower or driver.
(Insurance and compensation)
When the lender or driver assumes liability under Article 28, paragraph 1, the insurance payment or compensation within the following limits is paid according to the property insurance contract entered into by the Company regarding the rental car and the compensation system determined by the Company I will.
1 interpersonal compensation
Unlimited ten thousand yen per person (excluding the amount due to automobile damages liability insurance)
2 objective compensation
1 Unlimited ten thousand yen for accident (deductible amount of 100,000 yen)
3 Vehicle compensation
1 Burden market value on accident (deductible amount of 100,000 yen) However, excluding trucks
4 Passenger compensation
30 million yen per person
2 When the insurance agreement or compensation system falls under the reason for exemption, the insurance benefit or compensation stipulated in paragraph 1 is not paid.
3. Losses for which insurance claims or compensation will not be paid and damages exceeding the insurance amount or compensation for compensation paid under the provision of paragraph 1 shall be borne by the borrower or driver.
4. When the Company pays the damages to be borne by the borrower or driver, the borrower or driver shall immediately repay the Company's payment amount.
5 The premium equivalent of the damage insurance policy prescribed in paragraph 1 and the subscription fee equivalent of the compensation system stipulated by the Company are included in the lease fee.
Chapter 8 Cancellation of Rental Agreement
(Cancellation of consent)
Even if it is in use, the Renter may cancel the Loan Agreement after paying the cancellation fee specified in the next paragraph with the consent of the Company. In this case, we will refund the remaining amount after deducting the rental fee corresponding to the period from lending to return from the received rental fee to the borrower.
2 When canceling the preceding paragraph, the Renter shall pay the Company the following cancellation fee. Cancellation fee = (basic charge corresponding to the contract term) - (Basic charge corresponding to the period from lending to returning × 30%
Chapter 9 Personal Information
(Purpose of using personal information)
The purpose of acquiring and using personal information of the borrower or driver is as follows.
1 As a business operator licensed to rent-a-car business pursuant to Article 80, paragraph 1 of the Road Transport Law, implement matters mandated as a condition of business permission, such as preparing a rental certificate at the time of conclusion of a lending contract To do.
2 For rental cars, used cars and other products handled by the Company, providing services related to these and other events, holding various events, campaigns, etc., sending advertisements and e-mails For guidance by way of sending etc.
3 In order to confirm and confirm the identity of the applicant or driver for borrowing upon concluding the contract.
4 In order to conduct a questionnaire survey for the borrower or driver for the purpose of planning and developing products and services handled by the Company or examining measures to improve customer satisfaction.
5 In order to statistically compile and analyze personal information, and create statistical data processed into a form that can not distinguish and identify individuals.
2 In the case of acquiring personal information of a borrower or driver for purposes not stated in each item of paragraph 1, the purpose of use shall be clearly stated beforehand.
(Consent of use of personal information)
When a borrower or a driver falls under any of the following items, personal information including the name, date of birth, driver's license number, etc. of the borrower or driver is lent by a rental car operator I agree to be used for review at the time of contract conclusion.
1 When the Company is ordered to pay a negligent violation charge pursuant to Article 51-4, Paragraph 1 of the Road Traffic Act
2 In the absence of full payment of the parking breach related expenses prescribed in Article 18, paragraph 5 to the Company
3 In case it is deemed that there was a non-refund prescribed in Article 23, paragraph 1
Article 10 Miscellaneous Provisions
When there is a monetary obligation to a borrower or driver based on this policy, we can cancel at any time the monetary obligation of the borrower or driver against the Company.
If the Renter, Driver or Company neglects to fulfill its financial obligations under these Terms and Conditions, the Company shall pay a delayed amount of 10% per annum rate to the other party.
The Company shall be able to specify by-laws of this agreement separately, and the by-laws shall have the same effect as this agreement. 2 When we have stipulated a separate regulation separately, we will post it in our business branch and describe it in brochures, price lists etc. issued by our company. The same shall apply when we change this.
(Court of competent jurisdiction)
Where conflicts arise concerning rights and obligations under this agreement, regardless of the appeal fee, the court having jurisdiction over the location of the head office, branch office or business office of the Company shall be the competent court.
This Terms and Conditions will come into effect from 25th September, Heisei 20th.