Terms and Conditions
Rental Car Terms and Conditions
airsapo Co., Ltd.Section 1 General Rules
Article 1 (Application of Terms and Conditions)
1.Our company shall rent out vehicles (hereinafter referred to as “rental cars”) to the renter (including the driver, hereinafter the same) in accordance with the provisions of this agreement, and the renter shall rent the vehicle under these terms. Any matters not specified in this agreement shall be governed by laws, regulations, or general customs.
2.Our company may agree to special provisions as long as they do not violate the intent of this agreement, laws, or general customs. In such cases, the special provisions shall take precedence.
Section 2 Rental Agreement
Article 2 (Reservation)
1.The renter may make a reservation in advance by specifying the vehicle type, rental start date and time, pick-up location, rental period, return location, driver, and other rental conditions. The company will accommodate the reservation within the available rental vehicle stock.
2.The reservation in the preceding paragraph shall be made by paying the reservation deposit specified separately.
3.If the rental agreement (hereinafter referred to as the “rental contract”) is not initiated within one hour after the reserved rental start period specified in the previous paragraph, the reservation will be considered canceled.
4.If the rental conditions specified in Paragraph 1 are to be changed, prior approval must be obtained from the company.
Article 3 (Conclusion of Rental Agreement)
1.We will conclude a rental agreement based on the borrower’s application, except in cases where there are no available rental cars or if the borrower falls under the conditions outlined in Article 9-1. In addition, when concluding the rental agreement, we may ask the borrower to present documents other than the driver’s license to verify their identity, and we may take a copy of the driver’s license and the presented documents.
2.An application for a Rental Agreement shall be made clearly indicating the rental conditions set out in Paragraph 1 of the preceding Article.
3.When the Rental Agreement is concluded, the Company will charge a rental fee as specified separately.
Article 4 (Conclusion of Rental Agreement, etc.)
The rental contract is concluded when the Company receives the rental fee and delivers the rental car to the renter. In this case, the rental fee will be applied to part of the reservation application fee.
2.If we are unable to rent out the reserved vehicle model due to an accident, theft, or other reasons beyond our control, we may rent out a vehicle model different from that reserved (hereinafter referred to as an “alternative rental car”).
3.If the rental fee for the substitute rental car rented pursuant to the preceding paragraph is higher than the rental fee for the reserved vehicle, the rental fee for the reserved vehicle shall apply; if the rental fee for the substitute rental car is lower than the rental fee for the reserved vehicle, the rental fee for the substitute rental car shall apply.
4.The Renter may refuse an offer to rent a substitute vehicle under Paragraph 2 and cancel the reservation.
Article 5 (Cancellation of Rental Agreement)
If the Renter falls under any of the following items during the rental period, the Company may cancel the Rental Agreement without any notice or warning and immediately request the return of the Rental Vehicle. In this case, the Company shall not return the rental fee received under the previous article.
(1)When these terms and conditions are violated.
(2)When a traffic accident occurs due to reasons attributable to the Renter.
(3)When any of the items of Article 9 apply.
2.If the Rental Car becomes unusable due to a defect that occurred before the vehicle was handed over to the Renter, the Renter may cancel the Rental Agreement, except when measures have been taken pursuant to Article 22, Paragraph 3.
Article 6 (Termination of the Rental Agreement due to Force Majeure)
1.If the rental car becomes unusable during the rental period due to a natural disaster or other force majeure, the rental contract will be terminated.
2. If any of the preceding paragraphs apply to the Renter, he/she shall notify the Company of such fact.
Article 7 (Early Termination)
1.The Renter may cancel the Rental Agreement with the consent of the Company even during the rental period. In such case, the Renter shall pay the early cancellation fee set forth in Article 25.
2.If the rental car is returned during the rental period due to an accident or breakdown of the rental car due to reasons attributable to the renter, the rental contract will be deemed to have been canceled. If the rental vehicle is returned as described in the preceding paragraph, the Company will not refund the rental fee received as described in Article 4.
Article 8 (Changes to Rental Conditions)
1.After the Rental Agreement has been concluded, if there is to be any change to the rental conditions under Article 3 Paragraph 2, the prior consent of the Company must be obtained.
2.If a change to the rental conditions pursuant to the preceding paragraph causes an impediment to the rental business, the Company may wish to approve the change.
Article 9 (Refusal to Conclude a Rental Agreement)
The Company may refuse to enter into the Rental Agreement if the Renter falls under any of the following items.
(1)When the driver does not hold a driver’s license that meets the necessary qualifications to be a driver of the rental vehicle.
(2)When under the influence of alcohol.
(3)When exhibiting symptoms of intoxication due to narcotics, stimulants, thinners, etc.
(4)When the driver specified at the time of reservation is different from the driver at the time of rental car pick-up.
(5)When the rental fee payment is overdue for a previous rental. When any act falling under the items listed in Article 17-1 has occurred for a previous rental.
(6)When any of the acts listed in Article 30 have occurred during a previous rental (including rentals with other car rental companies).
Section 3 Rental Vehicles
Article 10 (Start Date, etc.)
The Company will rent out the rental car as specified in Article 14 at the start date and time and rental location specified in Article 3, Paragraph 2.
Article 11 (Rental Method, etc.)
1.The Company will rent out the rental vehicle only after the Renter has cooperated with the Company in carrying out daily inspections and maintenance as stipulated in Article 7-2 of the Road Transport Vehicle Law and inspecting the exterior of the vehicle and its accessories in accordance with a separately stipulated inspection chart to confirm that the rental vehicle is not defective.
2.If, during the inspection under the preceding paragraph, the Company finds any maintenance defects in the Rental Car, it will take measures such as replacing the Rental Car.
3.When the Company hands over the rental vehicle, it will issue to the Renter a specified automobile rental certificate containing the details as stipulated by the Director of the Land Transport Branch Office of the Regional Transport Bureau and the Director of the Land Transport Office of the Okinawa General Bureau.
Section 4 Rental Fees
Article 12 (Rental Fee)
1.The rental fee as set forth in Article 4 received by our company shall be based on the fee table notified to the Director of the Regional Transport Bureau Land Transport Office and the Director of the Land Transport Office of the Okinawa General Bureau at the time of rental of the car.
2.The rental fee received by the Company shall be the total amount of the basic fee and any additional fees incidental to the rental.
Article 13 (Measures Related to Rental Fee Revisions)
If the rental fee under the preceding article is revised after a reservation has been made under Article 2, notwithstanding paragraph 1 of the preceding article, the fee shall be in accordance with the fee schedule applicable at the time of the reservation.
Section 5 Responsibility
Article 14 (Periodic Inspection and Maintenance)
The Company will rent out vehicles that have undergone regular inspection and maintenance as stipulated in Article 48 of the Road Transport Vehicles Act.
Article 15 (Daily Inspection and Maintenance)
During the rental period, the Renter must carry out daily inspection and maintenance of the Rental Vehicle before use each day as stipulated in Article 47-2 of the Road Transport Vehicle Act.
Article 16 (Renter’s Management Responsibility)
1.The Renter shall use and care for the Rental Car with the due care of a prudent manager.
2. The management responsibility set forth in the preceding paragraph shall begin when the rental car is delivered and end when it is returned to the Company.
Article 17 (Prohibited Acts)
The renter must not do the following acts during the rental period of the rental car.
(1) Using the rental car for automobile transportation business or similar purposes without obtaining approval from our company or permission under the Road Transportation Act.
(2) Engaging in any act that infringes on our ownership of the rental car, such as sub lending the rental car or using it as collateral for another person.
(3) Changing the current status of a rental car, such as falsifying or changing the car registration number plate or vehicle number plate, or altering or modifying the rental car.
(4) Using the Rental Car for any kind of test or competition, or for towing or pushing other vehicles without our approval.
(5) Using the rental car in violation of laws, regulations or public order and morals.
(6) Taking out liability insurance for the rental car without obtaining approval from our company.
(7) If interior decoration or options are damaged during rental, or if items that were not damaged at the time of rental are broken when returned, the renter will be responsible for paying for repairs.
Article 18 (Obligation to Carry the Vehicle Rental Certificate, etc.)
The Renter must carry the automobile rental certificate issued in accordance with Article 11, Paragraph 3, during the rental period.
2. If the Renter loses the vehicle rental certificate, he/she must notify the Company immediately.
Article 19 (Compensation Liability)
If the Renter causes damage to a third party or the Company while using the Rental Car, the Renter shall be liable for compensation for such damage, except in cases where such damage is due to reasons not attributable to the Renter.
Article 20 (Measures in Case of Illegal Parking, etc.)
1.If the Renter or the Driver parks the Rental Car illegally during use as stipulated by the Road Traffic Act, the Renter or the Driver shall pay any fines for illegal parking and shall bear all expenses associated with illegal parking, such as towing, storage, etc.
2.When the Company is notified by the police of a parking violation, the Company will contact the Renter or Driver and instruct them to move the Rental Car promptly and to report to the relevant police station at the end of the rental period or by a time instructed by the Company to deal with the violation, and the Renter or Driver will comply with this. Furthermore, if the rental car is removed by the police, we may, at our discretion, collect the rental car from the police ourselves.
3.After giving the instructions set forth in the preceding paragraph, the Company shall, at its discretion, confirm the status of the violation through traffic violation notices, payment slips, receipts, etc., and if the violation has not been dealt with, the Company shall issue the instructions set forth in the preceding paragraph to the renter or driver until the violation has been dealt with. In addition, the Company shall request the Renter or Driver to sign a document specified by the Company (hereinafter referred to as the “Acknowledgement Letter”) acknowledging the fact of the illegal parking violation and that he/she will appear at a police station, etc. and comply with legal measures as a violator, and the Renter or Driver shall comply with this.
4. If the Company deems it necessary, the Company shall take action against the renter or driver by submitting documents containing personal information such as a confession form and a rental certificate to the police. In addition to providing necessary cooperation in pursuing responsibility for parking violations, the Renter or the Driver may take necessary measures, such as submitting a statement of explanation as stipulated in Article 51-4, Paragraph 6 of the Road Traffic Act, an admitted person, and a rental certificate to the Public Safety Commission, and reporting the facts. The Renter or the Driver agrees to this.
5. In the event that the Company receives an order to pay a fine for a neglect violation pursuant to Article 51-4, Paragraph 1 of the Road Traffic Act and pays the fine for neglect, or if the temporary recipient or driver bears the costs of searching for the temporary recipient or driver and picking up the rental car, the temporary recipient or driver shall be responsible for compensating the Company for the amount equivalent to the fine for the neglect violation and the costs borne by the Company. In this case, the Renter or the driver shall pay these amounts to the Company by the date specified by the Company. In addition, if the Renter or the driver has paid the amount of the parking fine to the Company, and the Company receives a refund of the parking fine as a result of paying the fine or penalty, the Company shall return the amount of the parking fine received to the Renter or the driver.
Section 6 Handling automobile accidents
Article 21 (Accident Handling)
1.If an accident related to the rental car occurs during the rental period, the Renter shall take legal action regardless of the size of the accident, and shall handle the matter in accordance with the following provisions.
(1)Immediately report the details of the accident to our company.
(2)You must promptly submit any documents or evidence required by our company and the insurance company contracted by our company regarding the accident.
(3)When negotiating with a third party or cooperating in the resolution of the accident, obtain approval from the Company in advance.
(4)Repairs to rental cars must be carried out at our company or at a factory designated by our company, unless there is a special reason.
However, this does not apply if the Renter has an exemption from the above insurance.
2.In addition to the provisions of the preceding paragraph, the Renter shall endeavor to resolve the accident at his/her own responsibility.
3.The Company shall provide advice on how to handle accidents related to the rental car on behalf of the Renter, and shall cooperate in resolving the matter.
Article 22 (Compensation)
In an unlikely event the renter damages the vehicle or had done any damages to another party, the renter will bear the expenses under Article 19 within the following limits based on the concluded liability insurance contract and the compensation system established by the Company.
(1)Personal liability coverage: unlimited (including automobile liability insurance)
(2)Property damage compensation: Limit per accident: Unlimited (Deductible: 100,000 yen)
(3)Vehicle compensation 1 accident limit: 2 million yen (Deductible: 100,000 yen)
(4)Personal injury while on board only 30 million yen (new enrollment) *Includes passenger compensation
2.Any damages exceeding the compensation limit set forth in the preceding paragraph shall be borne by the Renter. However, if the Renter has an exemption from the above insurance, the Renter shall be responsible for the full amount of damages.
3. If the Company pays the amount of damage to be borne by the Renter in excess of the personal compensation limit set forth in Paragraph 1, the Renter shall immediately reimburse the Company for the excess amount.
Article 23 (Measures for malfunctions, etc.)
1.If the Renter discovers any abnormality or malfunction of the Rental Car during the rental period, he/she must immediately stop driving, contact the Company and follow the Company’s instructions.
2.If the abnormality or breakdown of the rental vehicle is due to the Renter’s willful or negligent acts, the Renter shall bear the expenses required for the collection and repair of the rental vehicle. In addition, if the vehicle requires repair, the Renter shall separately pay the following fees as part of the business compensation for the repair period, regardless of the extent of the damage or the repair period.
（1）If the vehicle is driven back to our company or the original planned return location, 100,000 yen (tax included)
（2）If the vehicle cannot be driven and returned to our company or the original intended return location, or if the roof is damaged and requires long-term repairs, 200,000 yen (tax included)
（３）In case of vehicle rollover or total loss: 400,000 yen (tax included)
3.If the Rental Car becomes unusable due to a defect that existed before the rental, the Renter may be provided with a substitute rental car or equivalent measures by the Company.
4.The renter shall not be able to claim against us for any damages caused by not being able to use the rental car, except for the measures provided in the preceding paragraph.
Article 24 (Exemption from Liability due to Force Majeure)
1.If the Renter is unable to return the Rental Car within the rental period due to a natural disaster or other force majeure, the Company shall not hold the Renter liable for any damages resulting from this. In this case, the Renter shall immediately contact the Company and follow its instructions.
2.If the Company is unable to rent a car or provide a substitute car due to a natural disaster or other force majeure, the Renter shall not hold the Company liable for any damages resulting from this.
3.In this case, the Company will immediately contact the Renter.
Section 7 Cancellations and Refunds
Article 25 (Cancellation of Reservation, etc.)
1.If the Renter cancels the reservation or does not enter into the Rental Agreement for reasons of the Renter despite having made a reservation as set forth in Article 2, the Renter shall pay a cancellation fee as stipulated separately. When this cancellation fee is paid, the Company shall return the reservation application fee.
2.If the Company cancels the reservation or does not enter into a rental agreement for reasons attributable to the Company despite having received a reservation under Article 2, the Company shall return the reservation application fee.
3.If a rental contract is not concluded due to reasons other than those in the previous two paragraphs, despite the reservation being made under Article 2, the reservation will be considered canceled. In this case, the Company will return the reservation application fee.
4.The Company and the Renter shall not make any claims against each other regarding the failure to conclude a rental agreement, except as provided in the preceding three paragraphs.
Article 26 (Early cancellation fee)
1.If the Renter cancels the contract mid-term under Article 7, Paragraph 1, the Renter shall pay the following mid-term cancellation fee in addition to the rental fee for the period up to the cancellation. Mid-term cancellation fee = {(Basic fee corresponding to the rental contract period) – (Basic fee corresponding to the period from lending to return)} x 20%
Article 27 (Refund of Rental Fee)
If any of the following items apply, the Company shall refund all or part of the rental fee received from the Renter as stipulated in each item.
(1) In the event that the Renter cancels the Rental Agreement pursuant to Article 5, Paragraph 2, the Renter shall pay the full amount of the rental fee received.
(2) When the rental agreement is terminated pursuant to Article 6, paragraph 1, the rental fee received minus the rental fee corresponding to the period from the rental to the termination of the rental agreement shall be paid.
(3) In the event that the Renter terminates the contract midway pursuant to Article 1, paragraph 1, the remaining amount obtained by deducting from the rental fee received the rental fee corresponding to the period from the rental to the period returned due to the midway termination.
2. In relation to the refund referred to in the preceding paragraph, any early cancellation fees or other charges that should be received may be set off against these charges.
Section 8 Return
Article 28 (Confirmation of rental car, etc.)
1.When returning the Rental Car to the Company, the Renter shall return it in the same condition as when it was handed over, excluding normal wear and tear.
2.When returning the rental car, the Company will inspect the condition of the rental car in the presence of the renter.
3.When returning the rental car, the Renter must confirm in the presence of the Company that no belongings have been left behind by the Renter or any passengers in the rental car, and the Company shall not be liable for any belongings left behind after the return.
Article 29 (Return period of rental car, etc.)
1.The renter must return the rental car within the rental period.
2.When the Renter extends the rental period pursuant to Article 8 Paragraph 1, he/she shall pay the rental fee corresponding to the changed rental period or the rental fee before the change and any excess fee, whichever is lower.
Article 30 (Place of return of rental car, etc.)
1.The rental car shall be returned to the return location specified in Article 3, Paragraph 2. However, if the return location is changed in accordance with Article 8, Paragraph 1, the car shall be returned to the new return location.
2. In the case of the proviso to the preceding paragraph, the Renter shall bear the costs of transportation required due to a change in the return location.
3. If the Renter returns the Rental Car to a location other than the return location specified in Article 3, Paragraph 2 without obtaining the consent of the Company in accordance with Article 8, Paragraph 1, the Renter shall pay the following penalty for changing the return location. Penalty for changing the return location = Cost of forwarding required due to change of return location x 200%
Article 31 (Procedures to be taken when a rental car is stolen)
1.If the Renter does not return the Rental Vehicle to the return location specified in Paragraph 1 of the previous article within 72 hours from the expiration of the rental period and does not comply with the Company’s request for return, or if the Renter’s whereabouts are unknown or it is deemed that the Renter has run away, the Company will take legal measures, such as filing a criminal complaint.
2.If the circumstances described in the preceding paragraph apply, the Company will confirm the location of the Rental Car by any and all means.
3.If the circumstances fall under paragraph 1, the Renter shall be liable to compensate the Company for any damages incurred in accordance with Article 19 and shall also bear the costs incurred in recovering the Rental Car and searching for the Renter.
Section 9 Personal Information
Article 32 (Purpose of Use of Personal Information)
The purposes for which our company acquires and uses personal information of renters or drivers are as follows.
(1)As a business operator with a rental car business license, to carry out matters required as a condition of the business license, such as preparing a rental certificate at the time of concluding a rental contract.
(2)To provide rental cars and related services to renters or drivers.
(3)To verify and examine the identity of the renter or driver.
(4)To provide information to renters or drivers about the provision of rental cars, used cars, and other products and services handled by our company, as well as various events and campaigns, etc., by sending advertising printers, sending e-mails, etc.
(5)To conduct questionnaire surveys of renters or drivers for the purpose of planning and developing products and services handled by our company, or considering measures to improve customer satisfaction.
(6)To aggregate and analyze personal information for statistical purposes and create statistical data that is processed into a form that cannot identify or identify individuals.
2.When acquiring personal information of the Renter or Driver for purposes not specified in each item of Paragraph 1, the purpose of use will be clearly stated in advance.
Section 10 Miscellaneous Provisions
Article 33 (Late Payment Charges)
If the Renter fails to fulfill any of his/her monetary obligations under this Agreement, he/she shall pay to the Company late payment charges at the rate of 14.6% per annum.
Article 34 (Details of the Contract)
1.The Company may establish separate detailed rules for the implementation of these Terms of Use.
2.If the Company prescribes separate detailed rules, the Company will post them at its offices and include them in brochures and price lists issued by the Company. The same shall apply when these rules are updated.
Article 35 (Court of Jurisdiction)
In the event that a dispute arises regarding the rights and obligations based on these terms and conditions, the court with jurisdiction over the location of our company’s head office shall have jurisdiction.
Supplementary Provisions
These Terms and Conditions shall come into effect from the date of approval.
