Rental car rental agreement | Shirokuma Camping Car Rental
Rental car rental agreement
The Company shall lend the rental car (hereinafter referred to as “rent-a-car”) to the lessee (including the driver; the same shall apply hereinafter) pursuant to the provisions of these Terms and Conditions, and the lessee shall borrow this. Matters not specified in these Terms and Conditions shall be governed by laws or general customs.
Our shop may comply with special agreements within the scope of this agreement, as long as it does not violate laws, regulations and general customs. In the event of a special agreement, that special agreement shall take precedence.
When renting a car, the borrower agrees to the terms and conditions and separately set fee schedule, etc., and attaches the vehicle type, rent start date, rent place, borrow period, return place, driver, child seat, etc. in advance according to the separately specified method You can apply for a reservation by specifying the necessity of goods and other borrowing conditions (hereinafter referred to as “borrowing conditions”).
The Company shall, in principle, respond to the reservation within the scope of the rental car owned by the Company when the lessee applies for a reservation. In this case, the lessee shall pay the reservation application fee specified separately, unless otherwise approved by the Company.
The Borrower must obtain the prior consent of the Company before attempting to change the borrowing conditions set forth in Paragraph 1 of the preceding Article.
The lessee may cancel the reservation in a different manner. If the lessee does not start the procedure to conclude a rental car rental contract (hereinafter referred to as the “rental contract”) even after 15 minutes or more from the reserved leasing start time due to the lessee’s convenience, Has been revoked.
In the case of the preceding two paragraphs, the lessee shall pay the cancellation fee to the Company as specified separately, and the Company shall return the received booking application fee to the lessee when the cancellation fee is paid Shall do.
If the rental contract is not concluded due to any accident, theft, non-return, recall, natural disaster, etc., the reservation shall be cancelled. In this case, we will refund the received booking application fee. In the case of a Web reservation, if the reservation confirmation e-mail from our company cannot reply to the address specified by the lessee or if we cannot contact the lessee by telephone, we may treat the reservation as unsuccessful.
If the lessee cannot lend a rental car of the car class that has been booked by the lessee, it may apply for the rental of a car of a different car class from the reservation (hereinafter referred to as “alternate car rental”). You.
If the borrower accepts the application set forth in the preceding paragraph, the Company shall lend a substitute rental car under the same borrowing conditions as at the time of booking, except for the vehicle class. If the rental fee of the alternative car rental is higher than the rental fee of the reserved vehicle class, it shall be based on the rental fee of the reserved vehicle class, and if it is lower than the rental fee of the reserved vehicle class. , The rental fee of the class of the alternative car rental.
The lessee may reject the offer to rent an alternative car rental as set forth in paragraph 1 and cancel the reservation.
In the case of the preceding paragraph, if the cause of the inability to make a loan under Paragraph 1 is due to reasons attributable to the Company, it shall be treated as cancellation of the reservation, and the Company shall refund the received reservation application fee.
In the case of Paragraph 3, if the cause of the inability to lend in Paragraph 1 is due to reasons not attributable to the Company, the reservation shall be treated as cancellation and the Company shall return the received reservation application fee.
The Company and the Borrower shall not make any claims to each other that the reservation has been canceled or the loan agreement has not been concluded, except as provided in Article 4.
In the event that the lessee cannot return the rental car within the lease period due to natural disasters or other force majeure, the lessee will not be held liable for any damage caused by the lessee.
The Borrower shall not be liable to the Company if the Company becomes unable to lend a rental car or provide an alternative rental car, as set forth in Article 5, paragraph 4.
In the case of Article 5, paragraphs 2 and 3, the Company shall immediately contact the lessee. The Borrower shall contact the Company immediately.
If the Borrower is unable to lend a rental car or provide a substitute rental car due to natural disasters or other force majeure, the Company shall not be liable for any damages caused thereby.
The lessee can apply for a reservation at a travel agency or partner company (hereinafter referred to as “agent”) that handles booking services on behalf of the Company.
The lessee who has applied for the agent in the preceding paragraph to the agent may apply for a change or cancellation of the reservation only to the agent.
The borrower shall specify the borrowing conditions stipulated in Article 2, Paragraph 1 and the Company shall conclude the loan agreement by clarifying the borrowing conditions based on these terms and conditions, fee schedule, etc. However, this excludes cases where there is no rental car that can be rented out, or cases where the borrower or driver falls under any of the items of Article 9, Paragraph 1, or Paragraph 2.
If the rental contract is concluded, the borrower shall pay the rental fee specified in Article 11, Paragraph 1 to the Company.
Based on the basic notification (Note 1) of the competent authority, the Company will provide the driver’s name, address, type of driver’s license and driver’s license on the loan book (lending original form) and the loan certificate specified in Article 14, Paragraph 1. In order to enter the license (Note 2) number or attach a copy of the driver’s driver’s license, at the conclusion of the rental contract, the borrower will be asked to the driver designated by the borrower (hereinafter referred to as the “driver” “), And a copy of the driver’s license is required. In this case, the borrower shall present his / her own driver’s license if he / she is a driver and submit a copy of the driver’s license, and if the borrower and the driver are different, present the driver’s license And a copy thereof shall be submitted. (Note 1) The “Basic Notification of the Regulatory Authority” refers to the “Notice of Rental Cars” (Journal No. 138, June 13, 1995) of the notification by the Ministry of Land, Infrastructure, Transport and Tourism. Refers to (10) and (11). (Note 2) A driver’s license is a driver’s license prescribed in Article 92 of the Road Traffic Act, which is in the form of a separate form in Article 19 of the Road Traffic Law Enforcement Regulations, Article 14. In addition, the international driver’s license or foreign driver’s license prescribed in Article 107-2 of the Road Traffic Act shall conform to the driver’s license.
When concluding a loan agreement, the Company may require the borrower and driver to present a document that can identify themselves in addition to the driver’s license, and may make a copy of the submitted document.
The Company may require the lessee to pay by cash or credit card or specify other payment methods when entering into the loan agreement.
1. If the borrower or driver falls under any of the following items, the rental contract cannot be concluded.
2. If the borrower or driver falls under any of the following items, the Company may refuse to enter into a loan agreement.
3. In the case of the preceding two paragraphs, if a reservation has already been made with the lessee, it shall be treated as having been canceled.
If the lessee pays the cancellation fee, the received booking application money will be returned to the lessee.
The loan agreement shall be concluded when the lessee pays the rental fee to us and we deliver the rental car to the lessee. In this case, the received reservation application money shall be used for part of the rental fee. The delivery described in the preceding paragraph shall be made at the lending place specified in the said paragraph at the start date and time of leasing in Article 2.1.
The amount of the rental fee received by the Company shall be the total of the basic fee and the incidental fee accompanying the rental (paid rental, etc.). The basic charge is when the rental car is rented, the Company will be the Regional Transport Bureau Transport Bureau Director (Hyogo Prefecture, Kobe Transport Supervision Department Hyogo Land Transport Department Manager, Okinawa Prefecture, Okinawa General Secretariat Land Transport Office Manager. The same shall apply in Article 14, Paragraph 1).
If the rental fee is revised after making a reservation in accordance with Article 2, the fee applied at the time of reservation and the fee at the time of rental shall be compared with the lower rental fee.
The Borrower must obtain the prior consent of the Company if the Borrower intends to change the borrowing conditions in Article 8, Paragraph 1 after concluding the loan agreement.
The Company may not accept changes to the lending business if changes to the borrowing conditions set forth in the preceding paragraph interfere with the lending business.
The Company shall carry out the inspections specified in Article 48 [Regular Inspection and Maintenance] of the Road Transport Vehicle Act and lend a rental car that has been subjected to necessary maintenance.
The Company shall carry out the inspection specified in Article 47-2 [Daily Inspection and Maintenance] of the Road Transport Vehicle Act and carry out necessary maintenance.
The lessee or driver must ensure that the inspections and maintenance described in the preceding two paragraphs have been carried out, that the rental car has no maintenance defects due to the inspection of the vehicle exterior and accessories based on the inspection table specified separately, and that the rental car meets the rental conditions. That you have
The Company shall immediately carry out the necessary maintenance, etc., if any poor maintenance is found in the rental car by the check in the preceding paragraph.
Upon delivery of a rental car, the Company shall issue a specified loan card to the borrower or driver stating the matters specified by the Chief of Transportation Bureau of the Regional Transportation Bureau.
The borrower or driver must carry the loan issued in accordance with the preceding paragraph while using the rental car.
The Borrower or Driver shall notify the Company immediately if the loan is lost.
The borrower or driver must return the rental certificate to the Company when returning the rental car.
The borrower or driver shall use and keep the rental car with the duty of care of a good manager from the time the car is delivered to the time it is returned to the Company (hereinafter referred to as “in use”). You.
The borrower or driver shall, during use, check the rental car prior to daily use as specified in Article 47-2 (Daily Inspection and Maintenance) of the Road Transport Vehicle Act and perform necessary maintenance. You.
The lessee or driver shall not perform any of the following acts during use.
If the lessee or driver parks the rental car illegally under the Road Traffic Law during use, the lessee or driver will appear at the police station in charge of the area where the illegal parking was conducted and immediately engage in illegal parking by himself. Shall pay the fines, etc. pertaining to, and bear various expenses such as towing, storage, and pick-up due to illegal parking.
The Company will contact the borrower or driver when it receives a report from the police regarding the illegal parking of a rental car, promptly move or pick up the rental car, and when the rental car rental period expires or when instructed by the Company You will be instructed to appear at the handling police station before and handle the violation, and the lessee or driver will comply. If the rental car is moved by the police, we may collect the rental car from the police at our own discretion.
After issuing the instructions in the preceding paragraph, the Company shall, at the Company’s discretion, confirm the status of the violation by using a traffic offense notification or payment slip, receipt, etc. The lessee or driver shall be instructed in the preceding paragraph. In addition, the Company has informed the lessee or driver of the fact that he / she has violated abandoned parking and that he / she appears at a police station, etc., and confirms that he / she will comply with legal measures as a violator. ), And the lessee or driver will comply.
If we deem it necessary, we will submit to the police a document containing personal information such as a self-certified certificate and a loan certificate, etc., to pursue liability for the renter or driver for the abandoned parking violation. In addition to providing necessary cooperation, it is necessary to submit to the Public Safety Commission the materials such as the statement of declaration and the certificate of self-authorization and the loan certificate specified in Article 51-4, Paragraph 6 of the Road Traffic Act, and report the facts. And the lessee or driver agrees.
If the Company receives an order for the payment of a violation neglected pursuant to Article 51-4, Paragraph 1 of the Road Traffic Act, and pays the violation neglected, or the expenses required to search for a borrower or driver, or the movement, storage, and collection of a vehicle If you bear the expenses required for the above, the Company shall charge the lessee or driver the following amount (hereinafter referred to as “parking violation-related expenses”). In this case, the lessee or driver shall pay the parking violation-related expenses by the date specified by the Company. (1) Amount equivalent to abandonment penalty (2) Parking penalty penalty separately determined by the Company (3) Expenses required for searching and expenses required for moving, storing and taking over vehicles
If the lessee or driver is to pay a penalty related to illegal parking pursuant to the provisions of paragraph 1, the Company’s instruction that the lessee or driver should handle the violation under paragraph 2 If we do not comply with our request to sign a letter of recognition under paragraph 3, we will pay the penalty and parking penalty prescribed in paragraph 5 by the lessee or driver. You may be entitled to a parking fine set separately by the Company (hereinafter referred to as “parking fine”).
If the lessee or driver pays the Company the amount requested by the Company pursuant to paragraph 5, the lessee or driver shall later pay the fine for the parking violation or be prosecuted. As a result, if the order to pay the negligence fine is cancelled and the Company receives a refund of the negligence fine, the Company will pay only the amount corresponding to the negligence fine out of the parking fees already paid. It shall be returned to the driver. The same shall apply in the event that the Company has applied for a parking fine pursuant to paragraph 6.
The lessee or driver shall return the rental car to the Company at the designated return location by the end of the rental period.
If the Borrower or Driver violates the provisions of the preceding paragraph, the Company shall compensate for any damages caused to the Company.
The Borrower or Driver shall not be liable for any damages caused to the Company if the rental car cannot be returned within the borrowing period due to natural disaster or other force majeure. In this case, the lessee or driver will immediately contact us and follow our instructions.
The natural disaster and other force majeure mentioned in the preceding paragraph shall not include the congestion of road conditions or the difference in calculation of estimated arrival time.
When returning the rental car, the borrower or driver shall return the rental car after confirming that there is no litter, driver or passenger’s belongings in the rental car, and the Company shall return the rental car after returning the rental car Shall not be liable for storage.
When the borrower or driver changes the borrowing period in accordance with Article 12, paragraph 1, the borrower or driver shall pay the rental fee corresponding to the changed borrowing period.
If the Borrower or Driver changes the designated return location according to Article 12, Paragraph 1, the Borrower or Driver shall bear the necessary transportation costs for changing the return location.
If the borrower or driver returns the rental car to a place other than the designated return place without the consent of the Company pursuant to Article 12, paragraph 1, the lessee shall pay the return place change penalty specified below. Penalty for changing return location = Expense required for forwarding due to change of return location x 300%
If the lessee or driver does not return the rental car to the designated return location and does not respond to the return request even though the lease period has expired, or if the location of the lessee is unknown. If it is deemed to be non-returnable for reasons such as becoming, we shall take legal measures such as filing a criminal complaint.
In the event that it falls under the preceding paragraph, the Company will ask the borrower or the driver’s family, relatives, workplace, etc. to conduct related surveys and operate the vehicle location information system to confirm the location of the rental car And take the necessary measures, including:
In the event that it falls under Paragraph 1, the lessee or driver shall be liable for any damages caused to the Company pursuant to the provisions of Article 28, and shall collect the rental car and search for the lessee or driver. You will be responsible for the costs involved.
If the borrower or driver finds an abnormality or failure in the rental car during use, immediately stop driving, contact the Company, and follow the instructions of the Company.
The lessee shall bear the cost of transporting and repairing the rental car if the abnormality or failure of the rental car is due to the lessee’s intention or negligence. If the rental car needs to be repaired, the following fees shall be paid as part of the business compensation during the repair period regardless of the degree of damage.
The lessee or driver shall take the following measures if the rental car is stolen during use or other damages occur.
If the rental car becomes unusable during use due to breakdown, accident, theft, or other reason (hereinafter referred to as “failure etc.”), the rental contract shall be terminated.
In the case of the preceding paragraph, the lessee or driver shall bear the expenses required for picking up and repairing the rental car, and the Company shall not refund the received rental fee. Provided, however, that this shall not apply in the event of a failure, etc., for reasons set forth in Paragraph 3 or 5.
If the failure is due to a defect that existed before the rental, a new rental contract shall be concluded, and the lessee shall be able to receive a substitute rental car from the Company. The provision conditions for alternative car rentals shall be mutatis mutandis pursuant to Article 5, Paragraph 2.
If the lessee does not receive the alternative car rental described in the preceding paragraph, we will refund the entire rental fee received. The same shall apply when the Company cannot provide an alternative rental car.
In the event that a failure occurs for any reason not attributable to the borrower, driver, or the Company, the Company shall respond to the period from the received rental fee to the end of the loan agreement from the rental. Rent shall be returned to the lessee after deducting the rental fee.
Except for the measures stipulated in this Article, the lessee and the driver shall not be able to make any claims to the Company for damages caused by the inability to use the rental car, other than those stipulated in this Article.
The lessee or driver shall compensate the third party or the Company for any damages caused to the third party or the Company while using the rental car rented by the lessee or driver. However, unless due to reasons attributable to the Company.
Among the damages of the Company mentioned in the preceding paragraph, the damages due to accidents, theft, failures attributable to the borrower or driver, damages due to the fact that the Company can not use the rental car due to contamination or odor of the rental car, etc. are set forth in the price list. And the lessee or driver shall pay for it.
If the borrower or driver is liable under Article 28, paragraph 1, the insurance or compensation within the following limits shall be paid according to the non-life insurance contract executed by the Company for the rental car and the compensation system specified by the Company. You.
The Company shall not require any notice or notice if the borrower or driver violates these Terms of Use while using or if it falls under any of the items of Article 9 Paragraph 1 You can cancel the rental contract and request a return of the rental car immediately. In this case, the Company shall not return the received rental fee to the lessee.
The lessee may cancel the loan agreement with the consent of the Company and paying the cancellation fee specified in the next paragraph, even if the lessee is in use. In this case, the Company shall return to the borrower the remainder of the received rental fee minus the rental fee corresponding to the period from lending to return.
The borrower shall pay the following cancellation fee to the Company when canceling under the preceding paragraph.
Cancellation fee = {(Basic fee corresponding to the loan contract period)-(Basic fee corresponding to the period from lending to return)} x 50%
If the borrower or driver falls under any of the following items, personal information including the borrower or driver’s name, date of birth, driver’s license number, etc. will be rented out by the rental car operator You agree that it will be used for review when entering into the contract.
The Company may at any time offset any monetary obligations of the borrower or driver to the Company if the borrower or driver has a financial obligation based on this Agreement.
The lessee or driver shall pay the Company the consumption tax (including local consumption tax) imposed on transactions under these Conditions.
If the borrower or driver and the Company fail to fulfill their financial obligations under these Terms and Conditions, they shall pay the other party late damages at an annual rate of 14.6%.
The Company may separately set the bylaws of these Terms and Conditions, and the bylaws shall have the same effect as these Terms and Conditions.
When the Company has set forth other detailed rules, it shall be posted at the Company’s sales offices and shall be stated in pamphlets, fee schedules, etc. issued by the Company. The same shall apply if this is changed.
In the event of any dispute concerning rights and obligations under these Terms and Conditions, the court of competent jurisdiction shall be the court of competent jurisdiction over the location of our head office, branch or office, regardless of the amount of the suit.