Article 1. GENERAL RULES

(1) Terms & Conditions for Rentals
This agreement is between the Renter and Apps Rentacar (hereinafter referred to as Company), Wakayama, Japan. This agreement shall be governed by the laws of Japan. Particulars, not provided in the Terms and Conditions, shall be in accordance with the laws, regulations and general customs.
2. Company may enter into any special contract, provided that it is not contrary to the purport of the Terms and Conditions, the laws, the administrative notices and general customs. In the event special contracts are entered into, such special contracts shall prevail over the Terms and Conditions.
 

Article 2. BOOKING

(2) Reservations / Bookings
Provided that the Renter agrees to the Terms and Conditions and the price list as set forth separately, the Renter can, by the method provided separately, make reservations by specifying in advance the class of the Rental Vehicle, the commencement date and time of rental, the renting and returning place, the period of rental, the driver’s name(s), use or non-use of a child seat or other accessories, and other rental conditions, if any, (hereinafter referred to as “Renting Conditions”) required for renting the Rental Vehicle., the Renter shall make reservations by additionally specifying the driving area or the destination(s), as well as the number of passengers and the purpose of rental, as part of the Renting Conditions.

2. Company shall comply, in principle, with the particulars to the extent that the Rental Vehicle is available for such rental, upon receipt of the reservation from the Renter, provided that the Renter shall pay a separately stipulated reservation deposit unless the Company agrees otherwise.

(3) Changes of Renting

In the event that the Renter desires to change any of the Renting Conditions as described under the article 1, the Renter shall obtain the consent of the Company in advance.

(4) Cancellations of Renting

The reservation shall be deemed to have been cancelled when the Renter does not execute a rental agreement of renting a Rental Vehicle (hereinafter referred to as “Rental Agreement”) within one hour from the reserved commencement time of rental for its own cause.

2. In the event of articles, the Renter shall pay a cancellation fee to the Company. The Company shall return the reservation deposit, received to the Renter provided that the Company has received a cancellation fee.

3. Company shall return the reservation deposit received to the Renter and pay a penalty to the Renter as provided separately, when the Company cancels the reservation or does not execute the Rental Agreement for its own cause.

4. The reservation shall be deemed to have been cancelled when the Rental Agreement is not executed as a result of any occurrences of an accident, theft, non-return or a recall of the anticipated Rental Vehicle, a natural disaster or any other force majeure which is beyond the reasonable control of the Renter or the Company. Then the Company shall return to the Renter the reservation deposit received.

5. At the reservations / bookings, if Company cannot contact to Renter by e-mail or telephone which provided by Renter,  the reservation shall be deemed to have been cancelled.

(5) Substitute for the Rental Vehicle

The Company may offer to rent a vehicle in a different class (hereinafter referred to as “Substitute”), in case it is unable to rent a vehicle of the same class that the Renter has reserved.

2. When the Renter accepts such an offer as provided in this article, the Company shall rent the Substitute under the same Renting Conditions, except for a class of rental vehicles, offered at the time of reservation, provided, however, that when the rental charge (hereinafter referred to as “Rental Charge”) for the Substitute is higher than that of the vehicle class as reserved, the latter shall apply and when the Rental Charge for the Substitute is lower than that of the vehicle class as reserved the former shall apply.

3. The Renter may refuse to receive the Substitute offered in accordance with this article and may cancel the reservation.

4. In the event the Company fails to rent the Rental Vehicle under this article and if those causes as described under this article are attributed to the Company, the Company shall not only return to the Renter the reservation deposit received but also pay a penalty, as the cancellation in article 4.4.

5. In the event the Company fails to rent the Rental Vehicle under this article and if those causes as described under this article are not attributed to the Company, the Company shall return to the Renter the reservation deposit received as the cancellation in article 4.5.

(6) Exemption

Except as otherwise stated in Articles 4 and 5, the Company and the Renter shall make no claims whatsoever to each other, with respect to canceling of reservations and non-execution of the Rental Agreement.

 

Article 3. RENTALS

(7) Execution of the Rental Agreement

While the Renter shall specify the Renting Conditions as set forth in Article 2.1, the Company shall specify the vehicle renting conditions as set forth in the Terms and Conditions, the price list, etc., before the Rental Agreement is executed, except where there is no appropriate vehicle available for the Company to rent, or that the Renter or the driver of the Rental Vehicle comes under any of the provisions of Article 81. / 8.2.

2. Upon the execution of the Rental Agreement the Renter shall pay to the Company the Rental Charge, as set forth in Article 10.1.

3. Based on the Basic Instructions issued by the governing agency (※1), because the Company has an obligation to make an entry of the name and address of the driver and type and number of the driver’s license (※2) of the driver in the rental transaction register (hereinafter referred to as “Original Rental Sheet”) and also in the rental vehicle certificate in accordance with the provisions of Article 13.1 the Company requires the Renter at the time of the execution of the Rental Agreement to present to the Company the driver’s license as well as a photocopy of the driver’s license of the driver(s) designated by the Renter (hereinafter referred as the Driver). When the Renter himself/herself is the Driver of the Rental Vehicle, the Renter shall present to the Company the driver’s license of his/her own as well as a photocopy of the driver’s license, while if the Renter himself/herself is not the Driver of the Rental Vehicle, the Driver shall present to the Company the driver’s license of his/her own as well as a photocopy of the driver’s license.

(*1)The Basic Instructions issued by the governing agency refers to Article 2.10 and 2.11 of “The Basic Instruction concerning Rental Vehicles” issued by Director of the Automobile Traffic Bureau, the Ministry of Land, Infrastructure and Transport on June 13, 1995 as Ji-Ryo No.138.

(*2)The driver’s license means a driver’s license as stipulated by Form 14 of Article 19 of Execution Rules for the Road Traffic Law which is issued in accordance with Article 92 of the Road Traffic Law. Additionally, international driver’s license or foreign driver’s license as stipulated under Article 107.2 of the Road Traffic Law, shall apply mutatis mutandis to the driver’s license.

4. The Company, at the time of the execution of the Rental Agreement, may ask the Renter and/or the Driver to present to the Company other documents for identification in addition to the driver’s license thereof, and the Company may make photocopies of such documents thereof.

5. The Company, at the time of the execution of the Rental Agreement, may ask the Renter and/or the Driver to report his/her mobile phone number or other means of contact so as to communicate with the Renter or the Driver during the rental period.

6. The Company, at the time of the execution of the Rental Agreement, may require payment by cash, or otherwise designate other methods of payment.

(8) Refusal to Execute the Rental Agreement

In the event that the Renter or the Driver comes under any of the provisions set forth below, the Rental Agreement shall not be executed.

  1. When the acceptable driver’s license required to operate the Rental Vehicle is not presented to the Company
  2. When the Renter or the Driver is under the influence of alcohol.
  3. When the Renter or the Driver presents toxic symptoms due to narcotics, stimulant drugs, thinner, etc.
  4. When the Renter or the Driver intends to accompany children under the age of 6 notwithstanding the fact the Renter or the Driver fails to install a child seat in the Rental Vehicle.
  5. When the Company judges that the Renter or the Driver is a member of the crime syndicate or the crime syndicate-related organization, or associated therewith, or a member of other antisocial organizations.

2. In the event that the Renter or the Driver comes under any of the provisions set forth below, the Company shall reserve the right to refuse to execute the Rental Agreement.

  1. When a third party other than the Driver, designated at the time of reservation tries to drive the Rental Vehicle.
  2. When the Renter or the Driver let the Rental Charge fall into arrears in the past.
  3. When the Renter or the Driver acted in contravention of Article 16 in the past.
  4. When the Renter or the Driver acted in contravention of Article 17 or Article 22 in the past including for car rentals from other companies.
  5. When the Renter or the Driver had automobile insurance coverage refused due to the violation of the terms and conditions for rental or the insurance provisions
  6. When the Renter or the Driver does not meet all the conditions as separately prescribed.

3. In the event that the Renter or the Driver comes under any of the provisions in Articles 2, the reservation shall be deemed to have been cancelled. The Company shall return to the Renter the reservation deposit received, provided that the Renter has paid the cancellation fee to the Company.

(9) Formation of the Rental Agreement, etc

The Rental Agreement shall come into effect when the Renter pays the Rental Charge to the Company and the Company delivers the Rental Vehicle to the Renter or the Driver. In this case, the reservation deposit received shall be allotted as part of the Rental Charge.

The delivery as described under previous article shall take place at the commencement date, time and at the renting place as specified in Article 2.1.

(10) Rental Charge

The Rental Charge means the total amount of  (1) a basic rental charge, (2) enrollment fees for optional exemption,  (3) a refueling charge, (4) other additional charges. The Company shall specify the Rental Charge in detail as well as basis for calculation, in the price list.

2. The basic Rental Charge shall be in accordance with the rental price of which the Company notifies Director of the Land Transport Office of District Bureau of Transport, and which is implemented at the time of rental.

3. When the Rental Charge is changed after the reservation has been made in accordance with Article 2, the Rental Charge shall be determined based on a comparison between the Rental Charge applied at the time of reservation and the Rental Charge applied at the time of rental and whichever lower shall apply.

(11) Changes in Renting Conditions

When the Renter desires to change the Renting Conditions as set forth in Article 7.1 after the execution of the Rental Agreement, the Renter shall obtain the consent of the Company beforehand.

2. The Company may not consent to changes in Renting Conditions if such changes interfere with the Company’s day-to-day renting operations.

(12) Inspection and Maintenance of the Rental Vehicle

The Company shall rent the Rental Vehicle after conducting necessary periodic inspection and maintenance as stipulated in Article 48 of the Road Transport Vehicle Law (Periodic Inspection and Maintenance).

2. The Company shall conduct necessary inspection and maintenance as stipulated in Article 47.2 of the Road Transport Vehicle Law (Daily Inspection and Maintenance).

3. The Renter or the Driver shall confirm that the Rental Vehicle has been duly inspected and maintained and ensure that the Rental Vehicle is free from defects by inspection of the exterior and the accessories of the Rental Vehicle, and also that the Rental Vehicle meets the Renting Conditions.

4. In the event that any defects are detected in the Rental Vehicle upon the checkup, the Company shall immediately perform necessary repairs and maintenance.

(13) Issuance and Carrying of the Rental Vehicle Certificate, Etc.

At the time of delivery of the Rental Vehicle, the Company shall issue to the Renter or the Driver a designated certificate of rental vehicle (hereinafter referred to as “Rental Vehicle Certificate”) stating items set forth by the Director-General of the District Transport Bureau.

2. The Renter or the Driver shall carry the Rental Vehicle Certificate issued in accordance during the period of use of the Rental Vehicle.

3. The Renter or the Driver shall immediately notify the Company when the Renter or the Driver loses the Rental Vehicle Certificate.

4. The Renter or the Driver shall return the Rental Vehicle Certificate to the Company upon return of the Rental Vehicle.

 

Article 4. USE OF THE RENTAL VEHICLES

(14) Managerial Responsibilities of the Renter or the Driver

The Renter and/or the Driver shall observe the duties with the care of a good custodian in operating and maintaining the Rental Vehicle, during the rental period from the delivery to the return of the Rental Vehicle to the Company (hereinafter referred to as “during the period of use of the Rental Vehicle”).

(15) Daily Inspections and Maintenance

The Renter or the Driver shall conduct necessary daily inspection and maintenance of the Rental Vehicle before use as set forth in Article 47.2 of the Road Transport Vehicle Law (Daily Inspection and Maintenance).

(16) Prohibited Acts

The Renter or the Driver shall be prohibited from any of the following acts during the rental period.

  1.  To use the Rental Vehicle for transportation business utilizing automobiles or similar purposes thereto without obtaining the consent of the Company or the permission as required by the Road Transport Law.
  2. To use the Rental Vehicle for purposes other than those specified, or to let a third party other than the Driver specified on the Rental Vehicle Certificate under Article 7.3 drive the Rental Vehicle.
  3. To sublet the Rental Vehicle or to deposit it for security or any other acts which would infringe on the rights reserved by the Company.
  4. To change the original form of the Rental Vehicle by falsification or defacement of its automobile registration number plate or license number plate, or by rebuilding or redesigning of the Rental Vehicle.
  5. To use the Rental Vehicle for any kind of test or competition, or for towing or pushing any other vehicle without obtaining the consent of the Company.
  6. To use the Rental Vehicle in violation of the laws or against public order and standards of decency.
  7. To subscribe to damage insurance for the Rental Vehicle without obtaining the consent of the Company.
  8. To take any GPS, audio equipments and other parts including tools to outside of the vehicle without authorized by Company. Please do not use our tools to private.
  9. To ride with pets without authorized by Company
  10. To take the Rental Vehicle out of the territory of Japan.
  11. To act in violation of the Renting Conditions of Article 7.1

(17) Measures in Case of Illegal Parking, Etc

When the Renter or the Driver parks the Rental Vehicle in violation of the Road Traffic Law during the period of use of the Rental Vehicle, the Renter or the Driver shall pay violation charges, as well as the charges of towage, storage and others in connection with such illegal parking.

2. In the event that police notifies the Company of the Renter’s or the Driver’s illegal parking of the Rental Vehicle, the Company shall contact the Renter or the Driver, instructing the Renter or the Driver to move the Rental Vehicle without delay and also to appear at the police station at the expiration of the Rental Agreement or by specific time instructed by the Company for completion of the legally required procedure. Then the Renter or the Driver shall comply with such instructions given by the Company. When police tows the Rental Vehicle, the Company may collect the Rental Vehicle from police on its own judgment.

3. The Company may inquire into the status of the legally required procedure by the Renter or the Driver on its own judgment after giving the instructions to the Renter or the Driver in accordance with Article 18.2 by checking the traffic violation notice, payment notice or the receipt of a penalty or other charges. If the Renter or the Driver fails to complete the legally required procedure, the Company shall continue to give instructions to the Renter or the Driver until the Renter or the Driver pay in full such fines and other charges. Furthermore, the Company shall require the Renter or the Driver to sign a specific document (hereinafter referred to as “Acknowledgement Letter”) to the effect that the Renter or the Driver admit having illegally parked the Rental Vehicle, that the Renter or the Driver shall appear at the police station and that the Renter or the Driver shall act in compliance with the related laws and regulations. The Renter or the Driver shall comply accordingly.

4. The Company shall cooperate with police in pursuit of the responsibility of the Renter or the Driver in connection with the illegal parking, taking such action as the Company deems necessary or appropriate. The Company shall submit to police documents containing personal information, including, but not limited to, the Acknowledgement Letter, a copy of the Rental Vehicle Certificate and other documents as necessary,. The Company shall also take necessary legal measures by submitting to Public Safety Commission documents containing personal information, including, but not limited to, a letter of explanation, the Acknowledgement Letter, a copy of the Rental Vehicle Certificate and other documents as necessary in accordance with Article 51.4.(6) of the Road Traffic Law and reporting to Public Safety Commission factual aspects of the illegal parking. The Renter or the Driver shall consent to such actions the Company may take.

5. In the event that the Company receives an order for payment of a violation charge of the illegal parking in accordance with Article 51.4.(1) of the Road Traffic Law and pays such penalty of the illegal parking on behalf of the Renter or Driver, or that the Company pays for the search for the Renter or the Driver as well as the collection of the Rental Vehicle, the Renter or the Driver shall bear the responsibility to compensate to the Company for the amount of such penalty of the illegal parking and costs born by the Company. The Renter or the Driver shall make such payment to the Company on or before the due date designated by the Company. In the event that the Renter or the Driver pay such penalty of the illegal parking to the Company, the Company shall return to the Renter or the Driver such penalty amount, provided that the Company receives the return of such penalty from police upon payment by the Renter or the Driver of fines and violation charges in full.

6. Either in the event that the Company receives an order for payment of a violation charge of the illegal parking or in the event that the Renter or the Driver fail to make such payment to the Company on or before the due date designated by the Company, the Driver and the Company may take such other action the Company deems as appropriate.

 

Article 5. RETURN THE RENTAL VEHICLE

(18) Responsibility of the Renter or the Driver for the Return of the Rental Vehicle

The Renter or the Driver shall return to the Company the Rental Vehicle at the specified returning place at or before the termination of the rental period.

2. The Renter or the Driver shall indemnify the Company for all the damage the Renter or the Driver caused to the Company if the Renter or the Driver is in violation of previous article.

3. In the event that the Renter or the Driver fails to return the Rental Vehicle during the Rental period due to a natural disaster or any other force majeure, the Renter or the Driver shall not be liable for the damages arising from such cause. In this case, the Renter or the Driver shall immediately contact the Company and follow the instructions given by the Company.

(19) Check of the Rental Vehicle at the Time of Return, Etc

The Renter or the Driver shall return the Rental Vehicle in the same conditions as confirmed at the commencement of rental, except for ordinary wear and tear of the Rental Vehicle arising from the normal use, in the presence of a representative of the Company.

2. The Renter or the Driver, at the time of return of the Rental Vehicle, shall confirm that no articles belonging to the Renter or the Driver or passenger(s) have been left behind in the Rental Vehicle. The Company shall bear no responsibility for the storage of such articles after the completion of return of the Rental Vehicle.

(20) Rental Charge for Rental Period Change

When the Renter or the Driver change the rental period in accordance with Article 12.1, the Renter or the Driver shall pay the Rental Charge corresponding to the total rental period, including the originally specified rental period.

(21) Returning Place of the Rental Vehicle, Etc.

When the Renter or the Driver change the returning place in accordance with Article 12.1, the Renter or the Driver shall bear the expenses required for forwarding the Rental Vehicle due to a change of the returning place.

2. In the event that the Renter or the Driver return the Rental Vehicle to any place other than the specified returning place without the consent of the Company under Article 12.1, the Renter or the Driver shall pay the penalty for changing the returning place as follows:
Penalty = Expenses required for forwarding the Rental Vehicle due to the change of the returning place x 200%.

(22) Measures in Case of Non-Return of the Rental Vehicle

In the event that the Renter or the Driver does not return the Rental Vehicle to the specified returning place after the expiration of the rental period, and if the Renter and the Driver fails to comply with the Company’s request for return, or the whereabouts of the Renter or the Driver are not known to the Company, or when due to other circumstances the Company judges that the Rental Vehicle is “non-returnable”, the Company may take all possible legal measures, including, but not limited to, filing a criminal suit against the Renter or the Driver, and additionally may report such fact of non-return to All-Japan Rent-A-Car Association.

2. In case of non-return of the Rental Vehicle as provided in Article 22.1, the Company shall take all necessary measures to locate the said vehicle, including but not limited to, contacting families and relatives of the Renter or the Driver, as well as people in the offices where the Renter or the Driver works, or seeking the operation of GPS.

3. In case of non-return of the Rental Vehicle as set forth, the Renter or the Driver shall be liable for all the damages to the Company as set forth in Article 28 and, additionally, shall bear all the expenses the Company may have to incur for the collection of the Rental Vehicle and for the search of whereabouts of the Renter or the Driver.

 

Article 6. MEASURES IN CASE OF BREAKDOWNS, ACCIDENTS, THEFT OR OTHER CAUSES

(23) Measures in Case of Breakdowns

When the Renter or the Driver detects any abnormality or breakdown of the Rental Vehicle, during the period of use of the Rental Vehicle, the Renter or the Driver shall immediately discontinue the operation and contact the Company and at the same time follow the instructions given by the Company.

(24) Measures in Case of Accidents

In the event that the Rental Vehicle is involved in any accident during the period of use of the Rental Vehicle, the Renter or the Driver shall stop driving the Rental Vehicle immediately and take the measures required by the laws and regulations as well as the following actions, regardless of whether the accident is serious or not:

  1. To immediately report to the Company on the situation of the accident and follow the instructions given by the Company.
  2. If the Rental Vehicle needs repaired based on instructions given by the Company as provided under previous Article, such repair should be performed at the Company or at the repair shop designated by the Company unless that the Company agrees otherwise.
  3. To cooperate with the Company and the insurance company, with which the Company has entered into a contract, in doing their research and submit to the Company and the insurance company, without delay, the documents and evidence concerning the accident requested by the Company and the insurance company.
  4. To obtain the consent of the Company in advance of making a settlement or coming to any other agreement with any other party involved concerning the accident.

2. Subject to the measures stipulated in previous article, the Renter or the Driver shall deal with the accident and resolve the matter on his/her own responsibility.

3. The Company shall furnish the Renter or the Driver with advice on the accident and ways to handle of the matter, and cooperate with the Renter or the Driver to reach its resolution.

(25) Measures in Case of Theft

When the Renter or the Driver shall take the following measures in the event that the Renter or the Driver is involved in theft or other damage during the period of use of the Rental Vehicle.

  1. To immediately report to the nearest police.
  2. To immediately notify the Company of the situation and follow the instructions given by the Company.
  3. To cooperate with the Company and the insurance company, with which the Company has entered into a contract, in doing their research and submit to the Company and the insurance company, without delay, the documents and evidence concerning the theft or other damage requested by the Company and the insurance company.

(26) Termination of the Rental Agreement due to Non-Usability of the Rental Vehicle

In the event that the Renter or the Driver can not continue using the Rental Vehicle due to breakdowns, an accident, theft, or any other cause (hereinafter referred to as “Non-Usability”) during the period of use of the Rental Vehicle, the Rental Agreement shall terminate.

2. In case of previous article, the Renter or the Driver shall bear the costs for collection and repair of the Rental Vehicle and others incidental thereto and the Company shall not return to the Renter or the Driver the Rental Charge received except where the Non-Usability comes under any of the causes stipulated in Articles 3 or 5.

3. In the event that the Rental Vehicle has been defective due to any cause existing prior to its delivery to the Renter, the new Rental Agreement shall be deemed to have been executed, provided that the Renter may be offered to rent the Substitute. Further, Article 5.2 shall apply mutatis mutandis with regard to the rental conditions of the Substitute.

4. Either in the events that the Renter chooses not to accept the Substitute under previous article or that the Company fails to offer to rent the Substitute, the Company shall return to the Renter the Rental Charge received in full.

5. In the event that the Non-Usability arises from causes not attributed to either of the Renter, the Driver, and the Company, the Company shall return to the Renter the Rental Charge received deducting a portion of the Rental Charge which corresponds to the rental period from the commencement of rental to the termination of rental.

Except for the measure set forth in this Article, the Renter or the Driver shall make no other claims to the Company with respect to the damage or loss arising out of the Non-Usability of the Rental Vehicle.

 

Article 7. INDEMNITY AND COMPENSATION

(27) Indemnity to a Third Party and the Company, Non-Operation Charge

In the event that the Renter or the Driver causes damage to a third party or the Company during the period of use of the Rental Vehicle, the Renter or the Driver shall be liable for indemnifying such damage except for damages arising out of causes attributed to the Company.

2. Among the damages to the Company as described under previous article, the Renter or the Driver shall compensate the Company, as separately provided in the price list, for the damages resulting from Non-Usability of the Rental Vehicle due to the accident, theft, and defacement or odor for which the Renter or the Driver is responsible.

(28)Insurance and Compensation

In the event that the Renter or the Driver is liable as stipulated in Article 28.1, insurance payment or compensation shall be paid in accordance with the liability insurance contract which the Company has executed with regard to the Rental Vehicle or the Company’s compensation system but not exceeding the following limits:

  1. Third Party Liability Coverage : Bodily Injury/Death per Person – Unlimited (Including Automobile Liability Insurance Policy)
  2. Property Damage Liability Coverage : Per Accident – Unlimited
  3. Rented Vehicle Damage Liability Coverage : Depending on the amount of insurance by vehicle type
  4. Personal Injury Protection Coverage : Per Passenger – Maximum 50,000,000 Yen
  5. Special Contract :The Road Service associated

2. Such insurance payment or compensation as set forth under this article shall not cover when the case comes under any of the exemption clauses of the liability insurance or compensation system.

3. Such insurance payment or compensation as set forth under this article shall not cover when the Renter or the Driver breaches any of the provisions prescribed in the terms and conditions for rental.

4.If the Company has paid the damages to be born by the Renter or the Driver, the Renter or the Driver shall immediately repay such an amount to the Company.

5. If the Company has paid the damages to be born by the Renter or the Driver, the Renter or the Driver shall immediately repay such an amount to the Company. The Renter or the Driver shall bear the deductibles under the liability insurance or the compensation systems, stipulated in this articles, except where special contracts exist.

 

Article 8. TERMINATION OF THE RENTAL AGREEMENT

(29) Termination of the Rental Agreement

The Company may cancel the Rental Agreement without any notification or whatsoever and immediately demand that the Renter or the Driver returns the Rental Vehicle, if the Renter or the Driver, during the period of use of the Rental Vehicle, violates the Terms and Conditions, or if it comes under any of the cases stipulated in Article 8.1. In the circumstances, the Company shall not return the Rental Charge received to the Renter.

(30) Termination of the Rental Agreement during the Period of Use of the Rental Vehicle

The Renter may terminate the Rental Agreement, even during the period of use of the Rental Vehicle, upon obtaining the consent of the Company and also upon payment of the termination charge as described here below. In such a case, the Company shall return to the Renter the balance with the amount corresponding to the rental period from the commencement of rental to the termination of the Rental Agreement, deducted from the total Rental Charge received, provided that the Renter does not come under any of the separately prescribed provisions.

2. When the Renter terminates the Rental Agreement during the rental period, the Renter shall pay to the Company the following termination charge which is calculated as follows:
Termination Charge = [( regular rental rate corresponding to the total rental period ) minus (regular rental rate corresponding to the rental period from the commencement of rental to the termination of the rental)] x 50%

Article 9. PERSONAL INFORMATION

(31) Purpose for Use of Personal Information on the Renter or the Driver

The Company shall obtain and make use of personal information of the Renter or the Driver for the following purposes.

  1. For the purpose of performing the legally required particulars, including but not limited to, preparing the Rental Vehicle Certificate at the time of the execution of the Rental Agreement, as an authorized operator of the vehicle renting business.
  2. For the purpose of rendering vehicle for renting and other related marketing services (by e-mail or post) to the Renter or the Driver.
  3. For the purpose of identifying or screening the Renter or the Driver.
  4. For the purpose of informing the Renter or the Driver of rental vehicles, used vehicles or other related products, and services as well as sales promotional plans, events and campaigns, by mail, e-mail or other means of communication.
  5. For the purpose of carrying out a questionnaire campaign targeting the Renter or the Driver so as to plan and develop new products and services or to study ways to enhance customer satisfaction.
  6. For the purpose of preparing the data base customized to the form unable to recognize and specify a person but capable of processing and statistically analyzing personal information.

2. When the Company tries to obtain such information on the Renter or the Driver for the purposes not stated in any of the clauses under this article, the Company shall advise the Renter or the Driver of specific purposes in advance.

(32) Consent by the Renter or the Driver to the Registration and Use of the Personal Information

The Renter or the Driver shall agree that when the Renter or the Driver behaved in such a manner as becomes applicable to any of the cases (1. If Renter(s) are ordered to pay standing violation, 2. If Renter(s) are no-payment of the parking violation and related expenses, 3. If Renter(s) has a non-return), the personal information of the Renter or the Driver, including but not limited to, the name, address and so forth may be registered at All-Japan Rent-A-Car Association for the duration not exceeding seven years and also such registered personal information may be accessed by the said Association, the respective local Rent-A-Car Associations and the respective member vehicle renting companies of such Associations.

Article 10. MISCELLANEOUS

(33) Countervailing

In the event that the Company is under monetary obligation to the Renter or the Driver under the Terms and Conditions, the Company may countervail such monetary obligation against the debts to which the Renter or the Driver is liable to the Company at the Company’s convenience.

(34) Consumption Tax

The Renter or the Driver shall pay to the Company the consumption tax, including the local consumption tax, imposed on the rental transaction under the Terms and Conditions.

(35) Arrears

In the event that either the Renter or the Driver, and the Company neglects to fulfill any monetary obligation under the the Terms and Conditions, the Renter or the Driver, and the Company shall pay to the other party interests on the balance in the arrears at 14.6% per annum.

(36)  Subsidiary Rules

The Company may prescribe the subsidiary rules of the Terms and Conditions separately. Such subsidiary rules shall have the same effect as the Terms and Conditions.
When the Company prescribes the subsidiary rules separately, the Company shall post them on the notice boards of its rental offices and make them public in the price list, the Web sites and the like. Changes to the subsidiary rules shall apply accordingly.

(37) Agreement on the Competent Court

Should disputes arise with regard to the rights and obligations on the Terms and Conditions, the competent court shall be the Summary Court having territorial jurisdiction over the main office, branch office or any business office of the Company, regardless of the sued damages in controversy.

SUPPLEMENTARY PROVISIONS
The Terms and Conditions shall be effective as from April 28, 2012