Emobi Vehicle Rental Terms and Conditions
Chapter 1: General Provisions
Article 1: Applicability of the Terms and Conditions
eMoBi, Inc. (hereinafter referred to as “the Company”) shall rent an electric tri-wheel vehicle (hereinafter referred to as “the Vehicle”) to the renter (hereinafter referred to as “the Renter”) in accordance with these Terms and Conditions, and the Renter shall accept the rental of the Vehicle.
If the Renter designates a driver other than themselves pursuant to Article 8, the Renter shall ensure that said driver (hereinafter referred to as “the Additional Driver”) is informed of and complies with the sections of these Terms and Conditions that apply to the driver.
Matters not stipulated in these Terms and Conditions shall be governed by the Detailed Regulations set forth in Article 49, laws and regulations, or general custom.
The Company may agree to special provisions as long as they do not conflict with the intent of these Terms and Conditions and the Detailed Regulations, laws, administrative circulars, or general custom. However, in the event of a special provision, it shall take precedence over these Terms and Conditions.
Chapter 2: Reservations
Article 2: Reservation Application
To rent the Vehicle, the Renter may apply for a reservation in advance by consenting to these Terms and Conditions and the separately specified price list, and by clearly stating the following matters (hereinafter referred to as the “Rental Conditions”) using the method specified separately:
- Place of rental and return
- Pricing plan
- Rental start date and time
- Rental period
- Need for accessories (limited to what the Company has available)
For unmanned rentals in a car-sharing format, the Renter must complete their Emobi membership registration before the rental start time. However, the Renter shall refer to and comply with the separately specified “Membership Terms and Conditions” during registration.
When the Company receives a reservation application from the Renter, it shall, in principle, accept the reservation within the scope of the Vehicles it possesses. However, the Company does not guarantee the rental of the Vehicle, and a rental agreement may not be concluded due to unforeseen circumstances.
Article 3: Changes to Reservations
If the Renter wishes to change the Rental Conditions set forth in the first paragraph of the preceding article, they must obtain the Company’s prior consent.
Article 4: Reservation Cancellation, etc.
The Renter may cancel a reservation for their own convenience. However, a cancellation fee may be incurred as stipulated in the next article.
Excluding unmanned rentals in a car-sharing format, if the Renter, for their own convenience and without contacting the Company, fails to commence the process of concluding a rental agreement (hereinafter referred to as the “Rental Agreement”) for the reserved Vehicle within 15 minutes of the reserved rental start time, the reservation shall be considered canceled based on the preceding paragraph.
If the Rental Agreement is not concluded due to an accident, theft, failure to return the vehicle, recall, natural disaster, inclement weather, or any other reason for which neither the Renter nor the Company is responsible, the reservation shall be canceled. However, no reservation cancellation fee shall be incurred.
The Renter shall not make any claims against the Company for a canceled reservation or failure to conclude a Rental Agreement, unless the Company is responsible for the reason.
Article 5: Reservation Cancellation Fee
The amount of the reservation cancellation fee referred to in Article 4, Paragraph 1, shall be as specified in the table below. However, the amount may vary depending on the rental office, and the amount specified by each rental office shall take precedence.
| When the reservation is canceled after midnight on the reserved rental start date | 100% of the rental fee already received or scheduled to be received by the Company |
|---|---|
| When the reservation is canceled after midnight on the day before the reserved rental start date | 50% of the rental fee already received or scheduled to be received by the Company |
Article 6: Reservation Agency
The Renter may apply for a reservation through a travel agency, partner company, or other entity (hereinafter referred to as the “Agent”) that handles reservation services on behalf of the Company.
Chapter 3: Rental
Article 7: Conclusion of the Rental Agreement
Based on a reservation, a rental agreement is concluded each time the Renter uses the Vehicle by completing the necessary procedures for rental as specified by the Company.
Before the Rental Agreement is concluded, the Renter must watch the video specified by the Company to learn how to operate the Vehicle.
The Vehicle shall be handed over at the reserved rental start date and time and at the reserved rental location.
In concluding the Rental Agreement, the Company may request that the Renter and driver present auxiliary documents designated by the Company in addition to their driver’s license, and may take copies of the documents presented.
In concluding the Rental Agreement, the Company may ask for contact information such as a mobile phone number to contact the Renter and driver during the rental period.
In concluding the Rental Agreement, the Company may designate a credit card or other payment method for the Renter.
Article 8: Additional Drivers
The Renter may allow a passenger to drive the Vehicle by having them present a valid driver’s license for the Vehicle to the Company and registering them as an Additional Driver before the Rental Agreement is concluded.
Article 9: Refusal to Conclude the Rental Agreement, etc.
The Company may not conclude a Rental Agreement if the Renter or Additional Driver falls under any of the following items:
- They cannot present a valid driver’s license of the type required to operate the Vehicle, or they refuse the Company’s request to submit a copy thereof.
- They are deemed to be under the influence of alcohol.
- They are deemed to be exhibiting symptoms of drug addiction, such as from narcotics, stimulants, or thinner.
- They are deemed to be a member or affiliate of an organized crime group or related organization, or any other anti-social group.
The Company may refuse to conclude a Rental Agreement if the Renter or driver falls under any of the following items:
- The driver at the time of concluding the Rental Agreement is different from the driver specified at the time of reservation.
- They intend to have a child under 100 cm in height ride as a passenger without ensuring their safety.
- They intend to have a person aged 70 or older drive the vehicle.
- They intend to use the vehicle while dressed in a manner that is contrary to public morals or poses a risk to safety.
- They have a history of failing to pay rental fees or other debts to the Company in the past.
- They have a history of engaging in prohibited acts during a past rental.
- They have a history of late payments in a past rental (including rentals from other vehicle rental businesses).
- There is a history of a vehicle insurance policy not being applied in a past rental due to a violation of the rental or insurance terms.
- They have used violent acts or language towards the Company’s employees or other related parties, or have made demands that are beyond a reasonable scope in relation to a transaction with the Company.
- They have spread rumors or used deception or force to damage the Company’s credibility or obstruct its business.
- They do not meet the conditions specified separately.
- The Company otherwise deems them inappropriate.
In the cases of the preceding two paragraphs, if a reservation has already been established with the Renter, it shall be treated as a cancellation on the day of the rental start date, and the provisions of Articles 4 and 5 shall apply.
A Rental Agreement may not be concluded due to an unexpected change in the usage status of another renter, communication failure, natural disaster, or Vehicle malfunction, etc., and the Renter shall consent to this in advance.
The Company and the Renter may choose not to conclude a Rental Agreement if they determine that the conditions surrounding the rental office, such as the weather, are not suitable for safe and comfortable use of the Vehicle. However, no reservation cancellation fee shall be charged, and any rental fees already received shall be returned to the Renter.
Article 10: Cancellation of the Rental Agreement
The Renter may cancel the Rental Agreement if the Vehicle becomes unsuitable for the Rental Agreement due to a defect that existed prior to the rental. However, the Company shall not be obligated to provide a replacement vehicle.
The Company may terminate the Rental Agreement without any notice, demand, or refund if the Renter or driver violates these Terms and Conditions while using the Vehicle or comes to fall under any of the items in the preceding article, and may immediately demand the return of the Vehicle. However, the Renter shall compensate the Company for any damages incurred.
Article 11: Cancellation and Mid-Term Termination of the Rental Agreement
Even after the conclusion of the Rental Agreement, the Renter may cancel it if they feel uneasy about operating the Vehicle, but only if they notify the Company within 15 minutes of the rental start time. In this case, the full rental fee shall be refunded to the Renter.
The Renter may terminate the Rental Agreement with the Company’s consent even while using the Vehicle. However, any rental fees already received shall not be refunded, unless the termination is due to a reason for which the Company is responsible.
Article 12: Mid-Term Termination of the Rental Agreement
If the Vehicle becomes unusable during the rental period due to a natural disaster, other force majeure, an accident for which the Renter is not responsible, theft, breakdown, or any other reason not attributable to the Renter, the Rental Agreement shall be deemed to have been terminated at that point in time. However, the Company shall exempt the Renter from the rental fee from the time of termination onward.
If the Vehicle becomes unusable during the rental period due to an accident, theft, breakdown, or any other reason for which the Renter is responsible, the Renter must immediately contact the Company about the occurrence of said event, and the Rental Agreement shall be terminated at the time the Company is contacted. However, the rental fee shall not be reduced or exempted as a result.
Article 13: Changes to the Rental Agreement
After the conclusion of the Rental Agreement, the Renter may not, in principle, change the Rental Conditions, except for the Vehicle return date and time.
Article 14: Rental Fees
The rental fees shall refer to the total amount of the following charges, and the Company shall clearly state each amount or its calculation basis in the price list.
- Base fee
- Deductible Compensation System enrollment fee
- Option fees
- Other fees stipulated in special provisions
The base fee shall be based on the rates that the Company has filed with and is implementing with the local transport bureau or the Okinawa General Bureau at the time of the Vehicle rental.
Article 15: Payment
Payment of the rental fees shall, in principle, be made using the credit card that the Renter has registered with the Company in advance. However, the Company may designate payment by invoice or the use of an external payment system.
The Company may process the payment of rental fees at any time it chooses.
The Company shall not be responsible for disputes between the Renter and the credit card company, nor for the procedures and processing set forth by the credit card company.
Chapter 4: Usage
Article 16: Inspection and Maintenance
The Company shall rent the Vehicle after conducting the inspection stipulated in Article 48 (periodic inspection and maintenance) of the Road Transport Vehicle Act and performing the necessary maintenance.
If any maintenance defects are found in the Vehicle through the inspection in the preceding paragraph, the Company shall take measures such as replacing parts.
If the measures in the preceding paragraph are impossible, or if the Vehicle is still difficult to use even after the measures have been taken and a replacement vehicle cannot be provided, the Company may cancel the reservation.
Article 17: Daily Inspection and Maintenance
The Renter and driver must conduct the daily inspection stipulated in Article 47-2 (daily inspection and maintenance) of the Road Transport Vehicle Act and perform the necessary maintenance before using the Vehicle each day during the usage period.
If an abnormality is found in the Vehicle after the daily inspection and maintenance, the Renter must immediately contact the Company and follow its instructions. However, if the Vehicle is difficult to use due to the abnormality and a replacement vehicle cannot be provided, the Rental Agreement shall be terminated.
Article 18: Management Responsibility
The Renter or driver shall use and store the Vehicle with the due diligence of a prudent manager from the time of handover until its return to the Company (hereinafter referred to as “the usage period”).
Article 19: Precautions
The Renter and driver shall understand the characteristics of the Vehicle as an electric vehicle and pay special attention to the remaining battery charge and driving range.
When the Renter uses the Company’s battery charging facilities, they shall comply with the Company’s separately specified Detailed Regulations and handling instructions.
During the usage of the Vehicle, the Renter and driver shall pay attention to road conditions and weather, and shall decide whether to continue or stop using the vehicle at their own discretion.
Article 20: Prohibited Acts
The Renter and driver shall not engage in the following acts during the usage period:
- Using the Vehicle for a motor vehicle transport business or a similar purpose without the Company’s consent and a license based on the Road Transport Act.
- Using the Vehicle for purposes other than its designated use or allowing a person other than the Additional Driver to drive it.
- Subletting the Vehicle or providing it as collateral to others, or engaging in any act that infringes upon the Company’s rights.
- Forging or altering the Vehicle’s automobile registration number plate or vehicle number plate, or modifying or remodeling the Vehicle to change its original state.
- Using the Vehicle for various tests or competitions, or for towing or pushing other vehicles, without the Company’s consent.
- Driving in a location or manner that endangers the vehicle body or its occupants.
- Soiling the Vehicle or smoking inside the Vehicle, which causes significant nuisance to other renters.
- Taking out damage insurance for the Vehicle without the Company’s consent.
- Loading dangerous goods or other items that may cause harm or health damage to the Vehicle or people.
- Taking the Vehicle outside of Japan.
- Obstructing the Company’s business.
- Engaging in any other act that violates the Rental Conditions.
- Using the Vehicle in violation of laws and regulations or public morals.
Article 21: Measures for Illegal Parking, etc.
If the Renter or driver commits illegal parking of the Vehicle during the usage period as stipulated in the Road Traffic Act, said Renter or driver (hereinafter referred to as the “Parking Violator”) shall appear at the police station with jurisdiction over the area where the illegal parking occurred, immediately pay the fine and other penalties for illegal parking, and bear all expenses related to towing, storage, and retrieval of the Vehicle.
When the Company receives a notice of illegal parking from the police, it shall contact the Parking Violator, instruct them to promptly move or retrieve the Vehicle and to appear at the police station with jurisdiction to resolve the violation by the time designated by the Company, and the Parking Violator shall comply. Furthermore, if the Vehicle is moved by the police, the Company may, at its discretion, retrieve the Vehicle from the police itself.
After giving the instruction in the preceding paragraph, the Company may, at its discretion, confirm the status of the violation’s resolution by checking the traffic violation notice or the payment slip and receipt, etc., and if the violation has not been resolved, the Company shall continue to give the instruction in the preceding paragraph to the Parking Violator until it is resolved. The Company may also ask the Parking Violator to personally sign a statement (hereinafter referred to as the “Acknowledgement”) in the form specified by the Company, acknowledging the fact of the illegal parking violation and their obligation to appear at the police station and comply with the legal measures as the violator, and the Renter or driver shall comply.
If the Company deems it necessary, it may provide necessary cooperation to the police to pursue the responsibility of the Renter or driver for the illegal parking violation by submitting the Acknowledgement and materials containing personal information (excluding personal identification numbers) such as the rental certificate. The Company may also take necessary legal measures, such as submitting an explanatory statement and the Acknowledgement and other materials such as the rental certificate to the Public Safety Commission as stipulated in Article 51-4, Paragraph 6 of the Road Traffic Act to report the facts, and the Renter or driver shall consent to this.
If the Company pays a fine for illegal parking after receiving an order to do so as per Article 51-4, Paragraph 1 of the Road Traffic Act, or if it bears the expenses required to locate the Parking Violator or the expenses required for the movement, storage, and retrieval of the Vehicle, the Company shall charge the Renter the following amounts (hereinafter referred to as the “Parking Violation-Related Expenses”), and the Renter shall pay the Parking Violation-Related Expenses by the date designated by the Company.
- Amount equivalent to the illegal parking fine
- Expenses required to locate the Parking Violator
- Expenses required for the movement, storage, and retrieval of the vehicle in question
- The Company’s commission for the work related to the contents of the above items
Article 22: Refusal to Provide Driving Services
The Company shall not provide any driving services or introduce or mediate drivers in conjunction with the vehicle rental business.
Chapter 5: Return
Article 23: Return Obligation
The Renter shall return the Vehicle to the Company at the designated return location by the end of the rental period, in the same condition as at the time of rental.
If the Renter cannot return the Vehicle by the end of the rental period, they shall pay the prescribed extension fee from the price list and compensate the Company for any damages caused thereby.
The Renter shall be responsible for any accidents, battery depletion, or any other disadvantages that occur while the Renter is using the Vehicle in violation of the preceding two paragraphs, and the Company shall not provide any compensation to the Renter or driver.
If the Renter is unable to return the Vehicle within the rental period due to a natural disaster or other force majeure, the Renter and driver shall not be liable for the damages incurred by the Company. In this case, the Renter or driver shall immediately contact the Company and follow its instructions.
Article 24: Return Location, etc.
The Renter shall return the Vehicle to the rental location and may not change the return location unless instructed otherwise by the Company.
If the Renter returns the Vehicle to a location other than the designated return location (including cases due to battery depletion) in violation of the preceding paragraph, they shall, in principle, pay the return location change penalty fee specified below. However, the amount of the location change penalty fee may vary depending on the rental office, and the amount presented at the time of concluding the Rental Agreement shall take precedence.
Return location change penalty fee = Cost for transportation required due to the change in the return location × 150%
Article 25: Confirmation at Return, etc.
The Renter shall return the Vehicle in the condition it was in at the time of handover, excluding parts worn by normal use.
If the Vehicle is an electric vehicle with a swappable battery, the Renter shall return the Vehicle with the battery stored in the charging device.
When returning the Vehicle, the Renter shall confirm that there are no personal belongings of the Renter or any passengers left in the Vehicle before returning it.
Article 26: Left-Behind Items
The Renter shall, at their own responsibility, confirm that there are no items left behind by the Renter, passengers, or any other third party (hereinafter referred to as “Left-Behind Items”) in the Vehicle when returning it.
Due to the nature of unmanned rentals in a car-sharing format, the Company is, in principle, unable to confirm or retrieve Left-Behind Items.
The Renter shall be responsible for any damages incurred by the Renter, passengers, or other third parties due to leaving Left-Behind Items.
If the Renter wishes to commission the Company to retrieve Left-Behind Items, the Company may only accept the commission if it determines that it is possible to perform the retrieval work based on the nature of the Left-Behind Items, the usage status of the Vehicle, the work schedule of the Company’s employees, and other circumstances. However, the Company may charge the Renter the amount of the expenses incurred for the retrieval plus a retrieval fee of 5,000 yen.
If the Company retrieves Left-Behind Items without being commissioned by the Renter, it shall handle them in accordance with the following items. Left-Behind Items that have no monetary value, or that are at risk of decay, are dangerous, or are otherwise difficult to store continuously, shall be disposed of immediately.
- Driver’s licenses, passports, credit cards, ETC cards, currency, banknotes, stamps, postal stamps, securities, gift certificates, precious metals, mobile phones, and jewelry shall be reported as lost property to the police station with jurisdiction and handed over to them. However, if the report is not accepted, they shall be stored for one month from the date of retrieval, and if the owner’s name and address are not determined or the owner does not come to retrieve them during that period, they shall be disposed of.
- Firearms, swords, drugs, and other items whose possession is prohibited by law shall be immediately reported to the police station with jurisdiction and handed over to them.
- Left-Behind Items that do not fall under any of the preceding items shall be stored for one week from the date of retrieval, and if the owner does not come to retrieve them during that period, they shall be disposed of.
Article 27: Shortening the Rental Period
The Renter may return the Vehicle earlier than the reserved return date and time for their own convenience. However, if the cause is not attributable to the Company, or in the case of an unmanned car-sharing rental, the rental fee shall not be reduced or exempted as a result.
The Renter may return the Vehicle earlier than the reserved return date and time if they determine that their safety cannot be ensured, taking into consideration the weather and other surrounding conditions. However, the rental fee for the period after the Vehicle is returned may be exempted.
Article 28: Extending the Rental Period
If the Renter wishes to change the Vehicle’s return date and time to a later time than the reserved return date and time, they must obtain the Company’s prior consent. However, the Company may not consent to the change if it would hinder its rental business.
In the case of the preceding paragraph, the Renter shall pay the prescribed extension fee to the Company.
If the return date and time are changed in accordance with Paragraph 1 of this article, the extension fee specified in the preceding paragraph shall not be reduced or exempted, even if the Vehicle is returned earlier than the changed return date and time.
If the Renter fails to contact the Company in advance or complete the prescribed extension procedure to change the Vehicle’s return date and time to a later time than the reserved return date and time, the Company may charge the Renter a penalty fee. However, the amount of the penalty fee shall be presented by the time of concluding the Rental Agreement and may vary depending on the rental office.
Article 29: Measures in Case of Non-Return
If the Renter or driver fails to return the Vehicle to the designated return location after a considerable amount of time has passed since the end of the rental period and does not respond to the Company’s demand for its return, or if it is deemed to be a non-return due to the Renter’s whereabouts being unknown, the Company shall take legal measures, such as filing a criminal complaint.
If the situation falls under the preceding paragraph, the Company may take all measures, including interviewing the Renter’s or driver’s family, relatives, workplace, and other related parties, and activating the vehicle location information system to confirm the Vehicle’s whereabouts.
In the case of Paragraph 1, the Renter shall be liable to compensate the Company for damages incurred and shall bear the expenses required to retrieve the Vehicle and locate the Renter or driver.
Chapter 6: Measures in Case of Breakdown, Accident, or Theft
Article 30: Measures in Case of Breakdown
If the Renter or driver discovers an abnormality or breakdown of the Vehicle during the usage period, they shall immediately stop driving, contact the Company, and follow its instructions.
Article 31: Measures in Case of an Accident
If an accident involving the Vehicle occurs during the usage period, the Renter or driver shall immediately stop driving, and regardless of the severity of the accident, take legal measures and also take the following measures:
- Immediately report the accident to the police.
- Report to the fire department and rescue the injured, if necessary.
- Immediately report the details of the accident to the Company and follow its instructions.
- Take videos and pictures that show the situation at the scene and provide them to the Company.
- Be present for the on-site investigation and accident handling by the police or a representative designated by the Company (including the towing of the damaged Vehicle).
- Cooperate with investigations by the Company and the insurance company with which the Company has a contract regarding the accident, and submit necessary documents and other materials without delay.
- Obtain the Company’s prior consent when making a settlement or other agreement with the other party regarding the accident.
In addition to taking the measures in the preceding paragraph, the Renter or driver shall handle and resolve the accident at their own responsibility.
The Company shall provide advice on handling the accident for the Renter or driver and cooperate in its resolution.
If the Vehicle is to be repaired based on the instructions in Paragraph 1, Item 2, the repairs shall be performed by the Company or a factory designated by the Company, unless the Company approves otherwise.
To confirm the circumstances at the time of an accident, the Company shall record the situation when an impact occurs or sudden braking is applied in Vehicles equipped with a vehicle-mounted accident data recorder.
The Company shall take measures such as verifying the records from the preceding paragraph if deemed necessary.
Article 32: Measures in Case of Theft
If the Vehicle is stolen or suffers other damage during the usage period, the Renter or driver shall take the following measures:
- Immediately report the theft to the police and cooperate with the questioning.
- Immediately report the details of the damage to the Company and follow its instructions.
- Cooperate with investigations by the Company and the insurance company with which the Company has a contract regarding the theft or other damage, and submit the requested documents and other materials without delay.
Article 33: Cost Burden
The Renter or driver shall bear the costs incurred to take measures after an accident, breakdown, or theft, such as for overnight stays, that are attributable to them.
Article 34: Termination of Rental Agreement Due to Unusability
If the Vehicle becomes unusable during the usage period due to a breakdown, accident, theft, loss of a key, or any other reason (hereinafter referred to as a “Breakdown, etc.”), the Rental Agreement shall be terminated. However, these Terms and Conditions shall continue to apply.
In the case of the preceding paragraph, the Renter shall bear the costs required for the retrieval and repair of the Vehicle, etc., and the Company shall not refund any rental fees already received. However, this shall not apply if the Breakdown, etc., is due to a reason for which the Company is responsible.
If the Breakdown, etc., is caused by a pre-existing defect or malfunction, or other non-conformity of the Vehicle with the Rental Conditions, the Company shall conclude a new Rental Agreement and provide a replacement Vehicle, or refund the full amount of the rental fees already received.
If the Breakdown, etc., occurs due to a reason for which neither the Renter, the driver, nor the Company is responsible, the rental fee from that point onward shall be exempted.
The Renter may not make any claims against the Company for damages arising from the inability to use the Vehicle. However, this shall not apply if the Breakdown, etc., occurred due to the Company’s willful misconduct or gross negligence.
Chapter 7: Compensation and Indemnity
Article 35: Compensation
If the Renter or a passenger causes damage to the Vehicle due to an accident, theft, breakdown, or soiling/odor, they shall compensate for the damage and the lost profit (hereinafter referred to as “Business Compensation”) that the Company incurs due to its inability to operate the Vehicle, unless the cause is not attributable to the Renter or driver.
The amount of the Business Compensation in the preceding paragraph shall be as stipulated in the Detailed Regulations.
If the Renter or driver causes damage to a third party or the Company due to their willful misconduct or negligence in the use of the rented Vehicle, they shall compensate for the damage.
If the Company pays the damages that should be borne by the Renter or driver, the Renter or driver shall immediately repay the amount paid by the Company.
The Company shall only be liable for compensation for actual damages that normally occur, and shall not be liable for damages caused by special circumstances or for lost profits exceeding the amount of the rental fees.
Article 36: Calculation of Repair Costs
If the Vehicle is damaged due to a Breakdown, etc., and it is repairable, the Company shall charge the Renter the repair costs determined independently by the Company.
If the repair costs calculated based on the preceding paragraph exceed the total loss vehicle value calculated based on the next article, the Vehicle shall be deemed an economical total loss, and the amount of damage to the Vehicle itself shall be capped at the total loss vehicle value.
Article 37: Total Loss
If the Vehicle falls under any of the following items due to a Breakdown, etc., it shall be deemed a total loss:
- The vehicle body is destroyed.
- The vehicle body is burned.
- The vehicle frame is deformed.
- The electrical control system, braking system, drive system, steering, or other essential vehicle systems are damaged to an extent that replacement or repair is impossible.
- It is otherwise reasonably determined that the vehicle body is unusable for economic or safety reasons.
The value of the Vehicle is 900,000 yen (including tax) and shall be depreciated over a period of 36 months from the month of its initial registration.
The amount of damage to the total loss Vehicle itself (hereinafter referred to as the “Total Loss Vehicle Value”) shall be the un-depreciated residual value of the Vehicle price calculated based on the preceding paragraph.
Article 38: Insurance and Compensation
When the Renter or passenger is liable for compensation to a third party, an insurance payment will be made from the automobile damage insurance policy that the Company has concluded for the Vehicle. However, the details may vary depending on the Vehicle.
The insurance payment or compensation amount specified in the preceding paragraph will not be paid if there is a violation of the provisions of these Terms and Conditions, the Detailed Regulations regarding the compensation system, or the terms set forth by the insurance company, or if it falls under an exemption clause.
Insurance payments or compensation amounts will not be paid for accidents, etc., caused by a person other than the Renter or the Additional Driver driving the Vehicle.
Damages for which an insurance payment or compensation amount is not paid, and damages that exceed the insurance amount or compensation amount paid as per the preceding two paragraphs, shall be borne by the Renter or driver. However, regarding damages caused by a disaster designated as an extreme disaster pursuant to Article 2 of the Act on Special Financial Measures for Dealing with Extreme Disasters (Act No. 150 of 1962, hereinafter referred to as “Extreme Disaster”), if the damage relates to a Vehicle that was destroyed, damaged, or otherwise harmed in the area designated as an Extreme Disaster, the Renter shall not be required to compensate for the damage, unless the Renter or driver caused the damage through willful misconduct or gross negligence.
Article 39: Deductible Compensation System
The Renter may join the Company’s “Peace of Mind Package” (hereinafter referred to as the “Peace of Mind Package”) to mitigate their burden of compensation and Business Compensation to the Company when they negligently damage, destroy, or have the Vehicle stolen.
The fee for enrollment, the scope of compensation, and the deductible amount for the Peace of Mind Package shall be as stipulated in the Detailed Regulations.
Enrollment or cancellation of the Peace of Mind Package after the Vehicle is rented is not possible.
The Renter shall not be eligible for compensation under the Peace of Mind Package if they fall under any of the following items:
- The Company was not contacted and the police were not immediately notified from the scene of the damage or destruction of the relevant Vehicle.
- A person other than the Additional Driver damaged or destroyed the Vehicle.
- They do not cooperate with the resolution of an accident.
- They damaged or destroyed the Vehicle while driving or using it in violation of laws and regulations.
- They were in violation of these Terms and Conditions or the Detailed Regulations.
- They otherwise damaged or destroyed the Vehicle due to willful misconduct or gross negligence.
Chapter 8: Privacy
Article 40: Personal Information
The Company’s handling of the personal information of the Renter and passengers shall be as stipulated in the “Privacy Policy,” and the Renter and passengers shall consent to this when applying for a reservation.
Article 41: GPS Function
The Renter and passengers shall consent that the Vehicle may be equipped with a global positioning system (hereinafter referred to as the “GPS Function”) or other IoT devices that measure tilt and acceleration, that the Vehicle’s current location and travel route will be recorded in the Company’s designated system, and that the Company will use said recorded information for the following purposes:
- To confirm that the Vehicle has been returned to the designated location at the end of the Rental Agreement.
- To confirm the Vehicle’s current location, etc., when deemed necessary for the management of the Vehicle or the fulfillment of the Rental Agreement.
- To be used for marketing analysis to improve the quality of products and services provided to the Renter and driver, and to enhance customer satisfaction.
The Renter and driver shall consent that the Company may disclose the information recorded by the GPS and other functions in the preceding paragraph to the extent necessary if it is legally required to do so, or if it receives a request or order for disclosure from a court, administrative agency, or other public institution.
Article 42: Dashcams
The Renter and driver shall consent that the Vehicle may be equipped with a dashcam, that the Renter’s and driver’s driving conditions and the situation inside the vehicle will be recorded, and that the Company will use said recorded information for the following purposes:
- To confirm the circumstances at the time of an accident if one occurs.
- To confirm the Renter’s and driver’s driving conditions when deemed necessary for the management of the Vehicle or the fulfillment of the Rental Agreement.
- To be used for marketing analysis to improve the quality of products and services provided to the Renter and driver, and to enhance customer satisfaction.
The Renter and driver shall consent that the Company may disclose the information recorded by the dashcam in the preceding paragraph to the extent necessary if it is legally required to do so, or if it receives a request or order for disclosure from a court, administrative agency, or other public institution.
Article 43: Vehicle Data
The Company may collect and use data about the Vehicle, or provide it to third parties including the Vehicle’s manufacturer or maintenance provider, and the Renter shall consent to this. However, the types of data to be collected and the purposes of use shall be as follows:
Types of data
- Driving time
- Driving distance
- Speed
- Vehicle status
- Impact detection
- Vehicle electronic control information
Purposes of use
- Confirming the situation in an emergency
- Vehicle development
- Management and improvement of vehicle safety
- Service improvement
The Company may use the data in the preceding paragraph in association with the Renter’s personal information and usage information for the following purposes:
- When deemed necessary to resolve an accident or trouble related to the rental business.
- To confirm the status of the Vehicle’s return.
- When otherwise necessary for the provision of the rental business.
Chapter 9: Miscellaneous Provisions
Article 44: Suspension of Rental Operations
The Company may temporarily suspend its rental business if any of the following events occur, and the Renter shall consent to this in advance:
- Emergency maintenance of the Vehicle, communication equipment, reservation system, and other software related to the rental business is required.
- A natural disaster, communication failure, or system failure, etc., occurs.
- A war, riot, civil disturbance, or labor dispute occurs.
- The Company determines that there is a security problem.
- The Company otherwise deems it necessary.
Article 45: Security Deposit
The Company may request the Renter to deposit a security deposit of an amount designated by the Company to secure the Company’s claims related to the rental business.
Article 46: Set-off
If the Company has a monetary debt to the Renter based on these Terms and Conditions, it may set it off against the Renter’s monetary debt to the Company at any time.
Article 47: Consumption Tax
The Renter shall pay the consumption tax (including local consumption tax) imposed on the transactions based on these Terms and Conditions to the Company.
Article 48: Late Payment Interest
If the Renter or the Company fails to perform a monetary obligation based on these Terms and Conditions, they shall pay late payment interest to the other party at an annual rate of 14.6%.
Article 49: Terms and Conditions and Detailed Regulations
The Company may separately establish Detailed Regulations for these Terms and Conditions, and the Detailed Regulations shall have the same effect as these Terms and Conditions.
The Company may change these Terms and Conditions and the Detailed Regulations in the preceding paragraph, and shall announce the change, the content of the change, and the effective date on its website and application.
Article 50: Governing Law
These Terms and Conditions and all contracts, rentals, and actions incidental to the rental based on these Terms and Conditions shall be governed by and interpreted in accordance with the laws of Japan.
Article 51: Language
These Terms and Conditions are created in Japanese, and the Japanese version shall be the original text, while foreign language translations shall be for reference. However, if there are any contradictions or conflicts between the language versions, the Japanese version shall take precedence, followed by the English version, and then the Chinese version.
Article 52: Agreed Jurisdiction
In the event of a dispute regarding the rights and obligations based on these Terms and Conditions, the Tokyo District Court shall be the court of jurisdiction.
Supplementary Provisions
- November 24, 2023 Enacted
- December 23, 2024 Revised
- March 14, 2025 Revised
- June 13, 2025 Revised
- August 8, 2025 Revised
Detailed Regulations: Business Compensation
The business compensation referred to in Article 35 of these Terms and Conditions is stipulated as follows:
The Company shall charge the Renter or driver the following amounts for business compensation, regardless of the scale of the Breakdown, etc.
- If the Vehicle is still drivable after the Breakdown, etc.: 20,000 yen
- If the Vehicle becomes undrivable after the Breakdown, etc.: 50,000 yen
Supplementary Provisions
- June 13, 2025 Enacted
Detailed Regulations: Peace of Mind Package
The Peace of Mind Package referred to in Article 39 of these Terms and Conditions is stipulated as follows:
Rates and Deductible Amounts
Standard Plan
- The maximum amount of compensation and business compensation to the Company by the Renter due to a Breakdown, etc., shall be 50,000 yen, except for cases falling under Article 34, Paragraph 4 of these Terms and Conditions.
- You can join for 1,000 yen per rental.
Premium Plan
- Compensation and business compensation to the Company by the Renter due to a Breakdown, etc., shall be exempted, except for cases falling under Article 34, Paragraph 4 of these Terms and Conditions.
- You can join for 2,500 yen per rental.
Notes
- Some rental offices may not offer the Peace of Mind Package.
- Please be sure to confirm your enrollment status at the time of reservation and when concluding the Rental Agreement.
Supplementary Provisions
- June 13, 2025 Enacted