PART 1 GENERAL PROVISIONS
Article 1 (Applicability of the Agreement)
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- Under this rental agreement provided hereunder (hereinafter referred to as “the Agreement”), Honda Rent A Car Sapporo (“the Company”) shall rent a car vehicle (“the vehicle”) to a customer who desires to rent the vehicle from the Company (“the Renter”). Any matters not provided herein shall be in accordance with Japanese laws and regulations or general customs in Japan.
- The Company may accept a special agreement within the scope of the purpose of the Agreement, Japanese laws and regulations, administrative notifications and general customs. Such a special agreement will supersede the Agreement.
PART 6 VEHICLE BREAKDOWN, ACCIDENT AND THEFT
Article 24 (Vehicle Breakdown)
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- If the Renter or the Driver finds an abnormality or other breakdowns, the Renter or the Driver shall quit driving immediately, contact the Company and follow the instruction(s) of the Company.
Article 25 (Accident)
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- If an accident occurs to the vehicle during the period of use, the Renter or the Driver shall quit driving immediately, take legally required actions regardless of the severity of the accident, and take the following measures:
(1) To report the accident to the Company immediately and follow the instruction(s) of the Company
(2) To repair the vehicle, if required by the Company under the preceding subsection thereof, at the Company or the repair shop appointed by the Company except as acknowledged by the Company
(3) To cooperate with the Company and the insurance company contracted with the Company on the accident investigation, and to submit the required documents without delay
(4) To obtain the consent of the Company in advance, if making a settlement and/or other agreements with the other party of the accident.
- The Renter or the Driver shall take the actions in the preceding section thereof, and handle and resolve the accident as his/her own responsibility.
- The Company shall advise the Renter or the Driver on the handling of the accident, and cooperate with the Renter or the Driver to resolve the accident.
Article 26 (Theft)
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If the vehicle is stolen and/or damaged, the Renter or the Driver shall take the following actions:
(1) To report the damage(s) to the nearest police immediately
(2) To report the damage(s) to the Company immediately and follow the instruction(s) of the Company
(3) To cooperate with the Company and the insurance company contracted with the Company to investigate on the theft and/or other damage(s), and to submit the required documents without delay.
Article 27 (Termination of the Rental Contract due to Vehicle’s Unusable Condition)
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- If the vehicle becomes unusable due to breakdowns, accidents, thefts or any other reasons (“vehicle breakdown and other troubles”), the rental contract is deemed to be terminated.
- In the preceding section thereof, the Renter or the Driver shall pay the expenses for collecting and repairing the vehicle and the Company will not reimburse the rental fee received upon the vehicle delivery (“the rental fee received”). Notwithstanding, the same does not apply to the cases where the vehicle breakdown and other troubles are attributable to the conditions provided in Sections 3 or 5 thereof.
- If the vehicle breakdown and other troubles are caused by defects that existed before the vehicle delivery, it is deemed that a new rental contract shall be concluded between the Renter and the Company. The Renter may be provided with a substitute vehicle by the Company. The conditions of a substitute vehicle are in accordance with Section 2 of Article 5 herein.
- If the Renter refuses to accept the substitute vehicle in the preceding section thereof, the Company shall reimburse to the Renter the total amount of the rental fee received. The same applies to the cases where the Company fails to provide the substitute vehicle to the Renter.
- If the vehicle breakdown and other troubles are caused by reasons not attributable to the Renter, the Driver or the Company, the Company shall refund to the Renter the balance of the rental fee received, after deducting the fees that correspond to the rental fees of the period from the beginning to the end of the rental period as decided under Section 1 thereof.
- The Renter or the Driver may not make any claims to the Company for damages caused by the failure of vehicle use except as specified in this Article.
PART 7 COMPENSATION AND INDEMNIFICATION
Article 28 (Compensation for Damages and Operational Loss)
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- The Renter or the Driver shall compensate the third party or the Company for the damages the Renter or the Driver causes during the period of use. Notwithstanding, the same shall not apply to the cases where the damages are attributable to the Company.
- In the preceding section thereof, the Renter or the Driver shall compensate the Company for the damages caused by vehicle accidents, thefts and breakdowns attributable to the Renter or the Driver, and/or stains and odors that prevent the Company from servicing the vehicle. The compensation amount of such damages is in accordance with the fee chart of the Company.
Article 29 (Insurance and Indemnificatio
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- The Renter or the Driver liable for the damages under Section 1 of Article 28 herein, will be covered by the indemnity insurance policy on the car rental service made by the Company and the indemnity plan provided by the Company. Accordingly, the insurance or compensation coverages will be applied as follows:
(1) Bodily injury: unlimited coverage per person (automobile liability insurance included)
(2) Property damage: unlimited coverage per accident (50,000 Japanese yen indemnity)
(3) Vehicle damage: unlimited coverage per accident (100,000 Japanese yen indemnity for minibus and large cargo vehicle; 50,000 Japanese yen indemnity for other vehicle categories)
(4) Damage to passenger(s) in the vehicle:
(i) Passenger vehicle: unlimited personal injury coverage
(ii) Cargo vehicle: up to 15 million Japanese yen per person for death; 7,500 Japanese yen per day for hospital stay (up to 180 days); 5,000 Japanese yen per day for regular hospital visit (up to 180 days); up to 15 million Japanese yen for permanent disability according to the severity
- No insurance or compensation coverages provided in Section 1 thereof will be applied if such an accident applies to the waiver clause in the insurance policy or the indemnity plan.
- The Renter or the Driver shall be liable for the damages that do not apply to the insurance or compensation coverage and exceed the amounts of the insurance payments or compensations as provided in Section 1 thereof.
- If the Company pays the damages to be borne by the Renter or the Driver, the Renter or the Driver shall repay such a cost to the Company.
- The equivalent to the premium of the indemnity insurance provided in Section 1 thereof and the equivalent to the subscription fee of the indemnity provided by the Company, are included in the rental fee.
PART 8 RENTAL CONTRACT TERMINATION
Article 30 (Rental Contract Termination)
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- If the Renter or the Driver violates this agreement or applies to any of the subsections of Section 1 of Article 9 herein during the period of use, the Company may terminate the rental contract without notice or notification and immediately request that the Renter or the Driver return the vehicle to the Company. In such a case, the Company shall not return to the Renter the rental fee received.
Article 31 (Contract Termination by Consent)
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- The Renter may terminate the rental contract during the period of use by obtaining the consent of the Company and paying the cancellation fee provided in Section 2 thereof. In such a case, the Company shall refund to the Renter the balance of the rental fee received, after deducting the fees that correspond to the rental fees for the period from the vehicle delivery to return.
- The Renter shall pay the following cancellation fee to the Company in order to terminate the rental contract specified in the preceding section thereof:
Cancellation fee = ( [basic fee for the rental contract period] - [basic fee for the period from the vehicle delivery to return] ) x 50%
PART 9 PERSONAL INFORMATION
Article 32 (Purpose of Using Personal Information)
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- The Company will obtain and use the information on the Renter or the Driver for the purposes of:
(1) performing the duties of a registered car rental service provider, including but not limited to, producing a rental certificate for the rental contract;
(2) providing services relating to the rental vehicles and other related services to the Renter or the Driver;
(3) verifying and screening the identification of the Renter or the Driver;
(4) informing the Renter or the Driver of the products of the Company such as rental vehicles and secondhand cars and other services, and inviting the Renter or the Driver to promotional campaigns and other events of the Company by sending printed materials and email;
(5) taking questionnaire surveys of the Renter or the Driver, in attempts to plan and develop new products and services of the Company and to design customer service improvement measures; and
(6) statistically collecting and analyzing personal information, and producing statistical data in an individually-unidentified or -unspecified form.
- If the Company intends to obtain personal information of the Renter or the Driver for any purposes except for the subsections of Section 1 thereof, the Company will expressly show the purpose of using the personal information.
Article 33 (Consent of Registration and Use of Personal Information)
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- Providing that the Renter or the Driver applies to either Section 6 of Article 18 or Section 1 of Article 23 herein, the Renter or the Driver shall agree that the name, address and other personal information of the Renter or the Driver will be registered in the All Japan Rent-A-Car Association customers’ list for up to seven (7) years, and that such information will be shared with the All Japan Rent-A-Car Association and its member service providers.
PART 10 MISCELLANEOUS PROVISIONS
Article 34 (Offsetting)
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- If the Company bears monetary obligations to the Renter or the Driver under the Agreement, the Company may offset such obligations against the monetary obligations of the Renter or the Driver to the Company.
Article 35 (Consumption Tax)
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- The Renter or the Driver shall pay to the Company the consumption tax (including the tax applied by local jurisdictions) on the transaction under the Agreement.
Article 36 (Late Payment Charge)
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- If the Renter or the Driver and/or the Company fail to fulfill its monetary obligations under the Agreement, the Renter or the Driver and/or the Company shall pay the late payment charge at an interest rate of 36.5% per annum to the other party.
Article 37 (Subsidiary Rules)
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- The Company may provide the subsidiary rules of the Agreement separately. Such subsidiary rules shall have the same effect as the Agreement.
- If the Company provides the subsidiary rules of the Agreement separately, the Company shall disclose such subsidiary rules by posting them at the Company’s branch stores, on the Company’s leaflets, fee chart and other materials. The same applies when changes are made to such subsidiary rules.
Article 38 (Agreed Court of Jurisdiction)
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- If any disputes arise on the rights and obligations under the Agreement, the court having jurisdiction over the Company’s head office, branch office or sales office locations shall be the jurisdiction court, regardless of the jurisdictional amount.
Supplementary Provisions: This Agreement is in effect from July 1, 2007.