Rental Car Terms and Conditions

Unofficial English Translation — In the event of any discrepancy between this translation and the original Japanese text, the Japanese text shall prevail.

Chapter 1 — General Provisions

Article 1 (Application of the Terms and Conditions)

1. The Company shall rent automobiles (hereinafter the “Rental Cars”) to the renter in accordance with these Terms and Conditions and the separate terms and conditions prescribed pursuant to Article 38 (collectively, the “Terms, etc.”). The renter shall lease a Rental Car only after understanding and agreeing to the Terms, etc. Where the renter designates a driver other than the renter pursuant to Article 7(3), the renter shall properly inform the designated driver of the provisions of the Terms, etc. relating to drivers and cause the driver to comply therewith.

2. Any matters not provided for in the Terms, etc. shall conform to applicable laws or generally accepted customs.

3. The Company may conclude special agreements insofar as such agreements do not contravene the intent of the Terms, etc., laws, administrative instructions, or general customs. In such a case, the special agreement shall prevail.

Chapter 2 — Reservations

Article 2 (Application for Reservation)

1. When reserving a Rental Car, the renter may, after agreeing to these Terms and the separate Schedule of Fees, apply by the method separately prescribed by the Company, specifying the vehicle class, rental start date and time, pickup location, rental period, return location, driver, whether child seats or other accessories are required, and any other necessary conditions (collectively, the “Rental Conditions”).

2. Upon receiving an application for reservation, the Company shall in principle accept the reservation within the scope of its fleet. Except where the Company specifically permits otherwise, the renter shall pay the separately prescribed reservation deposit.

Article 3 (Changes to Reservations)

The renter shall obtain the Company’s prior approval to change any reserved Rental Conditions.

Article 4 (Cancellation of Reservations)

1. The renter may cancel a reservation by the method separately prescribed by the Company.

2. If, for the renter’s convenience, rental procedures have not commenced one hour or more after the reserved rental start time, the reservation shall be automatically cancelled.

3. In the case set forth in the preceding paragraph, the renter shall pay the separately prescribed reservation‑cancellation fee, and upon such payment the Company shall refund the reservation deposit.

4. If the reservation is cancelled or the rental agreement is not concluded for reasons attributable to the Company, the Company shall refund the reservation deposit and pay the separately prescribed compensation.

5. If the rental agreement cannot be concluded due to accident, theft, non‑return, recall, natural disaster, or other reasons not attributable to either the renter or the Company, the Company shall refund the reservation deposit.

Article 5 (Substitute Rental Cars)

1. If the Company is unable to provide a Rental Car of the reserved vehicle class, it may offer a Rental Car of a different vehicle class (the “Substitute Car”).

2. If the renter accepts the offer in the preceding paragraph, the Company shall rent the Substitute Car under the same Rental Conditions as the reservation, except for the vehicle class. If the charge for the Substitute Car’s class exceeds the reserved class, the charge for the reserved class shall apply; if it is lower, the charge for the Substitute Car’s class shall apply.

3. The renter may refuse the offer of a Substitute Car and cancel the reservation.

4. If the inability to rent the reserved class was due to reasons attributable to the Company, such cancellation shall be treated under Article 4(4), and the Company shall refund the reservation deposit and pay compensation as separately prescribed.

5. If the inability was not attributable to the Company, the cancellation shall be treated under Article 4(5), and the Company shall refund the reservation deposit.

Article 6 (Disclaimer)

Except as set forth in Articles 4 and 5, neither the Company nor the renter shall make any claims against the other in the event a reservation is cancelled or a rental agreement is not concluded.

Chapter 3 — Rental

Article 7 (Conclusion of the Rental Agreement)

1. After agreeing to these Terms and the separate Schedule of Fees, the renter shall specify the vehicle, rental start date and time, location, period, driver, and other Rental Conditions, and the Company shall conclude the rental agreement accordingly. However, if no suitable Rental Car is available or the renter/driver is judged inappropriate, the Company may refuse to conclude the agreement.

2. The renter shall pay the rental charge at the time of concluding the rental agreement.

3. The renter and driver shall present valid driver’s licenses at the time of concluding the rental agreement, and the Company may verify them. Copies shall be submitted as necessary.

4. The Company may require the renter to provide a mobile phone number or other contact information.

5. Extensions of the rental period are, in principle, not permitted.

Article 8 (Grounds for Refusal of Rental Agreement)

1. The Company shall not conclude a rental agreement if the renter or driver falls under any of the following:

  1. Failure to present a necessary driver’s license or refusal to submit a copy if requested.
  2. Being under the influence of alcohol.
  3. Exhibiting symptoms of intoxication by narcotics, stimulants, thinner, etc.
  4. Intending to carry a child under six years without a child seat.
  5. Being a member or associate of an organized crime group or other antisocial organization.

2. The Company may refuse to conclude a rental agreement if the renter or driver falls under any of the following:

  1. The driver at the time of agreement differs from the one specified at reservation.
  2. Past non‑payment of rental charges or other debts to the Company.
  3. Engagement in prohibited acts set forth in Article 16 in past rentals.
  4. Conduct listed in Article 17(6) or Article 24(1) in past rentals, including with other rental companies.
  5. Insurance was not applicable in past rentals due to violation of terms.
  6. Violent acts or unreasonable demands toward Company personnel.
  7. Spreading rumors or using deceit or force to damage the Company’s credit or obstruct its business.
  8. Failure to satisfy other specifically indicated conditions.
  9. Any other case the Company deems inappropriate.

3. If a reservation had already been made in the cases above, it shall be treated as cancelled; upon payment of the reservation‑cancellation fee, the Company shall refund the reservation deposit.

Article 9 (Establishment of the Rental Agreement)

The rental agreement shall be deemed established when the renter pays the rental charge and the Company delivers the Rental Car. The reservation deposit shall be applied to the rental charge.

Article 10 (Rental Charges)

1. The rental charge comprises the basic charge, one‑way fee, liability‑waiver fee, option fees, fuel cost, delivery/collection fee, and any other applicable charges.

2. The basic charge is based on the tariff filed with the District Transport Bureau.

3. If rental charges are revised after reservation, the lower of the old or new charges shall apply.

Article 11 (Changes to Rental Conditions)

If the renter wishes to change the Rental Conditions after the rental agreement is concluded, the renter must obtain the Company’s prior approval. The Company may refuse changes if they would disrupt rental operations.

Article 12 (Inspection and Confirmation)

1. The Company shall rent out Rental Cars that have undergone periodic and daily inspections under the Road Transport Vehicle Act.

2. The renter or driver shall inspect the car’s exterior and accessories at pickup and confirm its normal condition.

3. If any abnormality is found, the Company shall address it immediately.

Article 13 (Issuance and Carrying of the Rental Certificate)

1. Upon delivery of the Rental Car, the Company shall issue a rental certificate in writing or electronically.

2. The renter or driver shall carry the rental certificate while using the Rental Car.

3. If the certificate is lost, the renter shall immediately notify the Company.

Chapter 4 — Use of the Rental Car

Article 14 (Duty of Care and Expenses)

1. From delivery until return of the Rental Car (the “Usage Period”), the renter or driver shall use and store the Rental Car with the care of a prudent manager.

2. Fees for toll roads, parking, or other pay services during the Usage Period shall be borne by the renter or driver.

3. If the provider of such pay services claims disclosure of the renter’s personal information for unpaid fees, the renter consents to the Company providing the information.

Article 15 (Daily Inspections)

The renter or driver shall, before each day’s use during the Usage Period, perform the daily inspections prescribed in Article 47‑2 of the Road Transport Vehicle Act and carry out necessary maintenance.

Article 16 (Prohibited Acts)

The renter or driver shall not, during the Usage Period, engage in any of the following acts:

  1. Use the Rental Car for motor‑vehicle transport business or similar purposes without the Company’s consent and requisite permits.
  2. Use the Rental Car for purposes other than intended or allow anyone other than the designated driver or a Company‑approved person to drive.
  3. Sub‑lease the Rental Car or otherwise infringe on the Company’s rights.
  4. Forge or alter license plates or modify the Rental Car.
  5. Use the Rental Car for tests, races, towing, or pushing other vehicles without the Company’s consent.
  6. Use the Rental Car in violation of laws or public order and morals.
  7. Take out insurance on the Rental Car without the Company’s consent.
  8. Take the Rental Car outside Japan.
  9. Any other act violating the Rental Conditions under Article 7(1).

2. Without the Company’s approval, the renter, driver, or their associates shall not film, record, or stream within the Company’s offices or premises nor upload such media to social networks.

Article 17 (Measures in Case of Illegal Parking)

1. If the renter or driver commits illegal parking under the Road Traffic Act, they shall immediately appear at the police and pay fines.

2. Upon notice from the police, the Company may demand return or relocation of the vehicle.

3. If procedures are not completed, the Company may strongly urge compliance.

4. The Company may submit documents to authorities and take legal measures.

5. If the Company pays the parking fine, the renter shall reimburse the Company by the specified date.

6. If the renter fails to settle, information may be reported to the All Japan Rent‑a‑Car Association, to which the renter consents.

Article 18 (GPS Function)

1. The renter and driver acknowledge that some Rental Cars are equipped with GPS, and location data may be recorded by the Company’s system for the following purposes:

  1. Confirm return at the designated place at the end of the rental.
  2. Locate the Rental Car when necessary for management or performance of the rental agreement.
  3. Use anonymized data for marketing analysis to improve services.

2. The renter and driver consent to disclosure of such data when required by law or upon request from courts or public agencies.

Article 19 (Drive Recorders and Telematics)

1. The renter and driver acknowledge that some Rental Cars are equipped with drive recorders and that driving data may be recorded for the following purposes:

  1. Confirm circumstances in the event of an accident.
  2. Verify driver behavior for management or performance of the rental agreement.
  3. Use anonymized data for marketing analysis to improve services.

2. The renter and driver consent to disclosure of recorded data when required by law or upon request from courts or public agencies.

3. If the vehicle is equipped with a manufacturer telematics unit, the renter and driver consent to vehicle‑status data being obtained by the manufacturer or dealer for their stated purposes.

4. The renter and driver consent to the Company receiving such data from the manufacturer for the purposes set forth in paragraph 1.

Chapter 5 — Return of the Rental Car

Article 20 (Obligation to Return)

1. The renter or driver shall return the Rental Car to the Company at the designated place by the end of the rental period.

2. If the renter or driver breaches the preceding paragraph, the renter shall compensate the Company for resulting damages.

3. If return is impossible due to force majeure, the renter shall not be liable for damages but shall contact the Company immediately and follow its instructions.

Article 21 (Inspection upon Return)

The renter or driver shall, in the presence of the Company, return the Rental Car in the same condition as at delivery, ordinary wear and tear excepted, and ensure no belongings are left inside.

Article 22 (Rental Charge in Case of Period Change)

If the rental period is changed under Article 11, the renter shall pay the rental charge corresponding to the new period.

Article 23 (Change of Return Location)

1. If the return location is changed under Article 11, the renter shall bear relocation costs.

2. Without the Company’s consent, returning the car elsewhere incurs a penalty equal to 200% of the relocation cost.

Article 24 (Measures When the Car Is Not Returned)

1. If the renter or driver fails to return the Rental Car and cannot be contacted, the Company may file criminal charges and report the non‑return to the All Japan Rent‑a‑Car Association.

2. The Company may take necessary measures, including enquiries to family/employer and GPS activation, to locate the Rental Car.

3. The renter shall compensate the Company for costs and damages incurred in recovering the Rental Car.

Chapter 6 — Measures in Case of Breakdown, Accident, or Theft

Article 25 (Action upon Detecting a Fault)

If the renter or driver discovers any fault or abnormality during use, they shall immediately stop driving, contact the Company, and follow its instructions.

Article 26 (Action Upon an Accident)

1. In the event of an accident involving the Rental Car, the renter or driver shall immediately stop driving, take measures required by law, and:

  1. Report the situation to the Company and follow its instructions.
  2. Repair the Rental Car at the Company or its designated repairer unless the Company permits otherwise.
  3. Cooperate with investigations by the Company and its insurer and promptly submit necessary documents.
  4. Obtain the Company’s prior consent before settling with any third party.

2. The renter or driver shall otherwise handle and resolve the accident at their own responsibility.

3. The Company shall advise and cooperate in resolving the accident.

Article 27 (Action Upon Theft)

In the event of theft or other damage, the renter or driver shall:

  1. Immediately notify the police.
  2. Immediately report the damage to the Company and follow its instructions.
  3. Cooperate with investigations by the Company and its insurer and promptly submit required documents.

Article 28 (Termination of the Rental Agreement Due to Non‑Usability)

1. If the Rental Car becomes unusable during use due to breakdown, accident, theft, or other reasons (“Non‑Usability”), the rental agreement shall terminate.

2. In such case, the renter shall bear the costs of towing and repair, and the Company will not refund rental charges received, except as provided in paragraphs 3 and 5.

3. If Non‑Usability is due to pre‑existing defects or non‑conformity with the Rental Conditions, the Company shall offer a substitute car under Article 5(2).

4. If the renter declines or the Company cannot provide a substitute car, the Company shall refund all rental charges received.

5. If Non‑Usability is not attributable to the renter, driver, or Company, the Company shall refund the rental charge less the portion corresponding to the used period.

6. Except as provided in this Article, the renter shall make no claims against the Company for damages arising from Non‑Usability, unless due to the Company’s willful misconduct or gross negligence.

Chapter 7 — Liability and Compensation

Article 29 (Liability and Business Compensation)

1. If the Rental Car is damaged during use due to the renter or driver, they shall compensate the damage, except where not attributable to them.

2. If the Rental Car becomes unusable due to accident, theft, breakdown, fouling, odor, etc., the renter shall compensate or pay business compensation as set in the Schedule of Fees.

3. If the renter or driver causes damage to a third party or the Company through willful misconduct or negligence, they shall compensate such damage.

Article 30 (Insurance and Indemnity)

1. When the renter or driver bears liability under Article 29, the Company’s insurance or indemnity scheme shall cover up to the following limits:

  • Personal injury: Unlimited per person (including Automobile Liability Insurance)
  • Property damage: Unlimited per accident
  • Bodily injury (occupants): JPY 30 million while on board

2. Insurance or indemnity does not cover cases falling under policy exclusions.

3. Insurance or indemnity does not cover violations of these Terms.

4. Losses not covered or exceeding the limits shall be borne by the renter or driver, except for losses from designated disasters unless caused by willful misconduct or gross negligence.

5. If the Company pays damages on behalf of the renter or driver, they shall reimburse the Company immediately.

6. Unless specially agreed, deductibles for property and bodily injury shall be borne by the renter or driver.

Chapter 8 — Termination of the Rental Agreement

Article 31 (Termination by the Company)

If, during use, the renter or driver violates these Terms or falls under any of Article 9(1) items, the Company may terminate the rental agreement without notice and demand immediate return of the Rental Car. The Company shall refund the unused portion of the rental charge, and the renter shall compensate damages incurred by the Company.

Article 32 (Early Termination by the Renter)

1. Even during use, the renter may terminate the rental agreement with the Company’s consent by paying the early‑termination fee defined below. The Company shall refund the unused portion of the rental charge.

2. Early‑termination fee = ((Basic charge for the contracted period) − (Basic charge for the used period)) × 50%

Chapter 9 — Personal Information

Article 33 (Purpose of Use of Personal Information)

The Company obtains and uses personal information of the renter or driver for the following purposes:

  1. To perform matters mandated as conditions of our rental‑car business license, such as preparing the rental certificate.
  2. To provide Rental Cars and related services.
  3. To verify identity and conduct screenings.
  4. To send advertisements or emails regarding Rental Cars, used vehicles, other products and services, events, and campaigns.
  5. To conduct surveys for product development or customer‑satisfaction improvement.
  6. To compile and analyze statistics and create anonymized statistical data.

Personal information obtained for other purposes shall be used only after such purposes are clearly indicated in advance.

Chapter 10 — Miscellaneous

Article 34 (Set‑off)

The Company may at any time set off its monetary obligations to the renter against the renter’s monetary obligations to the Company under these Terms.

Article 35 (Consumption Tax)

The renter shall pay consumption tax (including local consumption tax) imposed on transactions under these Terms.

Article 36 (Default Interest)

If the renter or the Company defaults on any monetary obligation under these Terms, the defaulting party shall pay default interest at 14.6% per annum.

Article 37 (Priority of the Japanese Terms)

In the event of any discrepancy between the Japanese Terms, etc. and a foreign‑language translation, the Japanese version shall prevail.

Article 38 (Detailed Regulations)

The Company may separately prescribe detailed regulations, which shall have the same effect as these Terms.

Article 39 (Provision of Important Information)

1. Prior to rental, the Company shall endeavor to provide the renter with clear information on important matters such as the renter’s liability for damages/business compensation, the Company’s insurance or indemnity scheme, and measures required in case of breakdown, accident, theft, illegal parking, or return delay.

2. The renter shall endeavor to understand the contents of the Terms, etc.

Article 40 (Display of the Terms,

The Company shall make these Terms, etc. available to renters by at least one of the following methods:

  1. Display at business offices (including electronic displays).
  2. Publication on the Company’s website.
  3. Provision in writing (including electronic means such as email).

Summaries may be provided in brochures, fee schedules, etc. The same applies to amendments.

Article 41 (Amendments)

The Company may amend these Terms, etc. In such case, the Company shall announce the fact, the amended Terms, and the effective date by appropriate means such as posting on its website.

Article 42 (Governing Law)

All contracts, rentals, and related acts under these Terms shall be governed by and construed in accordance with Japanese law.

Article 43 (Agreed Court of Jurisdiction)

Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the summary court having jurisdiction over the location of the Company’s head office, branch, or place of business, regardless of the amount in controversy.

Supplementary Provision — These Terms shall come into effect on 1 February 2024.
Konkuni Co., Ltd., 13‑27 Takatsuji‑cho, Showa‑ku, Nagoya 466‑0057, Japan