tr?id=351436778546852&ev=PageView&noscript=1 Rental Contract Details Rental Contract Details

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Peak Car Rental Niseko 

TERMS AND CONDITIONS FOR RENTAL

CHAPTER1 GENERAL RULES

Article 1 (Applicability of Agreement) Under the Terms and Conditions for Rental provided hereunder (herein after referred to as "Terms and Conditions"), PEAK Car Rental Niseko, Inc. (hereinafter referred to as "Company") shall rent a motor vehicle (hereinafter referred to as "Rental Vehicle") to a customer who desires to rent from the Company (hereinafter referred to as "Renter"). Particulars, not provided in the Terms and Conditions, shall be in accordance with the laws, regulations and general customs.

2. The Company may enter into any special contract, provided that it is not contrary to the purport of the Terms and Conditions, the laws, the administrative notices and general customs. In the event special contracts are entered into, such special contracts shall prevail over the Terms and Conditions.

CHAPTER 2 RESERVATIONS

Article 2 (Making Reservations) Provided that the Renter agrees to the Terms and Conditions and the price list as set forth separately, the Renter can, by the method provided separately, make reservations by specifying in advance the class of the Rental Vehicle, the commencement date and time of rental, the renting and returning place, the period of rental, the driver's name(s), use or non-use of a child seat or other accessories, and other rental conditions, if any, (hereinafter referred to as "Renting Conditions") required for renting the Rental Vehicle.

2. The Company shall comply, in principle, with the particulars to the extent that the Rental Vehicle is available for such rental, upon receipt of the reservation from the Renter, provided that the Renter shall pay 100% within 10 days unless the company agrees otherwise.

Article 3 (Change of Reservation) In the event that the Renter desires to change any of the Renting Conditions as described under Article 2.1, the Renter shall obtain the consent of the Company in advance.

Article 4 (Cancellations of the Reservations, Etc.) The Renter can cancel the reservation by the method provided separately. 2. The reservation shall be deemed to have been cancelled when the Renter does not execute a rental agreement of renting a Rental Vehicle (hereinafter referred to as "Rental Agreement") within one hour from the reserved commencement time of rental for its own cause. 3. In the event of Articles 4.1 and 4.2, the Renter shall pay a cancellation fee to the Company as separately stipulated. 4. The Company shall return the rental fee received to the Renter and pay a penalty to the Renter as provided separately, when the Company cancels the reservation or does not execute the Rental Agreement for its own cause. 5. The reservation shall be deemed to have been cancelled when the Rental Agreement is not executed as a result of any occurrences of an accident, theft, non-return or a recall of the anticipated Rental Vehicle, a natural disaster or any other force majeure which is beyond the reasonable control of the Renter or the Company. Then the Company shall return to the Renter the rental fee received.

Article 5 (Unavailable car) If the Company is unable to lease a "rent a car" that meets the conditions booked by the "renter", such as the type and class of vehicle, accessories, smoking or non-smoking car, transmission specifications, etc. (hereinafter referred to as "conditions"), it shall promptly notify the "renter" of the situation and offer a full refund.

4. If the "renter" refuses the offer in Paragraph 1, the reservation shall be deemed to be cancelled and the preceding Paragraph 5 shall be applied with respect to the treatment of the application fee for reservation, etc.

CHAPTER 3 RENTALS

Article 6 (Conclusion of Rental Contract)

The "renter" and the Company shall conclude the "rental contract," with the "renter" specifying the conditions of rent and the Company specifying the "rental conditions" based on the "Agreement," rate table, etc.. 2. In concluding the "rental contract", the "driver" shall observe the obligations of the "driver" prescribed in the "Agreement" and Detailed Regulations.

3. Based on the Basic Instructions issued by the governing agency (1), because the Company has an obligation to make an entry of the name and address of the driver and type and number of the driver's license (2) of the driver in the rental transaction register (hereinafter referred to as "Original Rental Sheet"). The Company requires the Renter at the time of the execution of the Rental Agreement to present to the Company the driver's license as well as a photocopy of the driver's license of the driver(s) designated by the Renter (hereinafter referred as the Driver). When the Renter himself/herself is the Driver of the Rental Vehicle, the Renter shall present to the Company the driver's license of his/her own as well as a photocopy of the driver's license, while if the Renter himself/herself is not the Driver of the Rental Vehicle, the Driver shall present to the Company the driver's license of his/her own as well as a photocopy of the driver's license.

(1) The Basic Instructions issued by the governing agency refers to Article 2(7) and 2(8)of "The Basic Instruction concerning Rental Vehicles" issued by Director of the Automobile Traffic Bureau, the Ministry of Land, Infrastructure and Transport on June 13, 1995 as Ji-Ryo No.138

(2) The driver's license means a driver's license as stipulated by Form 14 of Article 19 of Execution Rules for the Road Traffic Law which is issued in accordance with Article 92 of the Road Traffic Law. Additionally, international driver's license or foreign driver's license as stipulated under Article 107.2 of the Road Traffic Law, shall apply mutatis mutandis to the driver's license.

4. The Company, in concluding the "rental contract", may request the "renter" to submit identifying documents other than a driver's license and may make copies of such documents. 5. The Company, in concluding a "rental contract", shall request the "renter" or the "driver" to submit an emergency contact number, such as a mobile phone number, etc.

6. The Company, in concluding the "rental contract", may designate the means of payment that the "renter" can use, such as credit card, cash, etc.

Article7 (Refusal of Rental) If any of the following items pertains to the "renter" or the "driver", the Company may refuse to conclude the "rental contract" or cancel the reservation of the "renter." :

(1) if he/she does not possess a driver's license; (2) if he/she is considered to be under the influence of alcohol;

(3) if he/she is considered to show symptoms of being under the influence of narcotic drugs, stimulant drugs, thinner, etc.; (4) if he/she has a child in the car without a child safety seat;

(5) if he/she is considered to be a member of a designated violence group or organization related to such a group, or is deemed to belong to other anti-social organization;

(6) if he/she commits a violent act against or imposes a burden beyond a reasonable extent on an employee or other related

person of the Company or uses a violent act or word, in connection with a transaction with the Company; (7) if he/she undermines the trust in the Company or interferes with business activities of the Company by spread of false

information or use of fraudulent means or force; (8) if he/she commits any act that contravenes the "Agreement" and Detailed Regulations; and (9) if he/she commits any act considered inappropriate by the Company

Article8 (Completion of Rental Contract) The "rental contract" shall take effect when the "renter" has paid for the rental.

2. The delivery of the "rent a car" shall take place at the place and starting date and time of rental prescribed in Article 2. Article9 (Rental Rate)

The rental rate shall be the total of the following amounts, and the Company shall show each amount or a corresponding reference amount in the rate table:

(1) Basic rate (2) Fuel rate (3) Vehicle assignment and pick-up rate (4) Other rates 3. The basic rate shall be the rate that has been notified to the Chief of the Local Transport Bureau. 4. If the Company revises the rental rate after completion of the reservation prescribed in Article 2, the "renter" shall pay

the lower of the rate applied at time of completion of the reservation and the rate at time of rental. Article10 (Change of Conditions of Rent

When changing the conditions of rent specified in Article 6 after the conclusion of the "rental contract", the "renter" must

obtain the consent of the Company. Article11 (Inspection and Maintenance)

The Company shall conduct the inspections prescribed in Article 47-2 (Daily Inspection and Maintenance) and Article 48 (Regular Inspection and Maintenance) of the Road Trucking Vehicle Law, and shall rent properly maintained "rent a cars." 2. The "renter" or the "driver", in renting the "rent a car", shall confirm that the "rent a car" meets the conditions of rent by inspecting the exterior appearance of the car and accessories based on a separately specified inspection sheet and confirming that the car has not been poorly maintained.

CHAPTER4 USE OF THE RENTAL VEHICLE

Article12 (Managerial Responsibilities of the Renter or the Driver ) The Renter and/or the Driver shall observe the duties with the care of a good custodian in operating and maintaining the Rental Vehicle, during the rental period from the delivery to the return of the Rental Vehicle to the Company (hereinafter referred to as "during the period of use of the Rental Vehicle").

Article13 (Daily Inspections and Maintenance) The Renter or the Driver shall conduct necessary daily inspection and maintenance of the Rental Vehicle before use as set

forth in Article 47.2 of the Road Transport Vehicle Law (Daily Inspection and Maintenance). Article14 (Prohibited Acts)

The "renter" or the "driver" must not perform the following acts "during the period of use": (1) Using the rent a car for a motor carrier business or for other similar purposes without obtaining the consent of the Company and authorization, etc. based on the Road Transport Law; (2) Using the "rent a car" for purposes other than the designated purposes or having it driven by persons other than the

"driver" prescribed in Article 6; (3) Sub-leasing the "rent a car", having it used by third parties, or performing other acts such as depositing it as collateral; (4) Forging or falsifying the license number plate or fleet number plate of the "rent a car", or changing the original condition of the "rent a car" by modifying or remodeling it; (5) Using the "rent a car" for any kind of test or competition or for pulling or pushing other vehicles without obtaining the consent of the Company; (6) Using the "rent a car" in violation of laws and regulations or public order and morals; (7) Taking out accident insurance for the "rent a car" without obtaining the consent of the Company; (8) Taking the "rent a car" outside of Japan; or (9) Performing other acts in violation of the conditions of rent or "rental conditions" prescribed in Article 6

Article15 (Illegal Parking) If the "renter" or the "driver" parks the "rent a car" illegally in violation of the Road Traffic Law, he/she shall report, immediately after the illegal parking, to the police having jurisdiction over the area related to the illegal parking (hereinafter referred to as "jurisdictional police"), and shall be personally responsible for paying the parking fine as well as towing, storage, and other costs related to the traffic violation (hereinafter referred to as "treatment of violation").

2. When notice of an illegally parked "rent a car" is received from the police, the Company shall inform the "renter" or the "driver" and instruct him/her to promptly relocate the "rent a car" and report to the jurisdictional police to deal with the violation before the expiration of the rental period or by the time instructed by the Company, and the "renter" or the "driver" shall follow these instructions. If the "rent a car" has been relocated by the police, the Company may, at its own discretion, pick up the "rent a car" from the police.

3. After giving the instruction in the preceding paragraph, the Company shall, at its own discretion, confirm the status of the treatment of violation through the notice of traffic violation and payment notice/receipt, etc. and, if the violation has not been dealt with, shall repeatedly give the instruction in the preceding paragraph to the "renter" or the "driver" until the violation is finally settled. If the "renter" or the "driver" does not follow the instruction in the preceding paragraph, the Company may immediately cancel the rental contract without any prior notice or demand, and request the "renter" and the "driver" to immediately return the rent a car. The "renter" or the "driver" shall sign a document prescribed by the Company on which he/she acknowledges the fact of illegal parking and that he/she will report to the police and follow the legal procedures for violators (hereinafter referred to as "acknowledgement letter").

4. Notwithstanding the provisions relating to the treatment of personal information referred to in the beginning of the "Agreement", the "renter" or the "driver" shall agree to submit to the Public Safety Commission materials such as the letter of explanation prescribed in Article 51-4, paragraph 6 of the Road Traffic Law, the "acknowledgment letter" and rental certificate, and to cooperate with the police by submitting to the police materials containing personal information such as the "acknowledgment letter" and rental certificate, if deemed necessary by the Company.

5. If the "renter" or the "driver" does not complete the treatment of violation by the time of return of the rent a car, and if the Company has born the expenses required for searching for the "renter" or the "driver" of the rent a car (hereinafter referred to as "search expenses"), or if the Company has born the expenses required for the towing, storage and pick up of the vehicle (hereinafter referred to as "vehicle management expenses"), then the "renter" or the "driver" shall pay the following expenses to the Company by a due date to be designated by the Company:

(1) Amount corresponding to the fine for illegal parking (2) Penalty for illegal parking to be separately determined by the Company (hereinafter referred to as "penalty and fine for

illegal parking" together with the amount corresponding to the fine for illegal parking in (1) above) (3) Search expenses and vehicle management expenses

6. If the "renter" or the "driver" has paid the fine for illegal parking after he/she paid the Company the penalty and fine for the said illegal parking based on the provisions of the preceding paragraph, or if the fine for the illegal parking has been refunded to the Company because of the institution of a public prosecution or the case being brought to trial at a family court, the Company shall return the said penalty and fine for illegal parking to the "renter" or the "driver".

CHAPTER5 RETURN OF THE RENTAL VEHICLE

Article16 (Responsibility of the Renter or the Driver for the Return of the Rental Vehicle) The Renter or the Driver shall return to the Company the Rental Vehicle at the specified returning place at or before the termination of the rental period.

2. The Renter or the Driver shall indemnify the Company for all the damage the Renter or the Driver caused to the Company if the Renter or the Driver is in violation of Article 19.1.

3. In the event that the Renter or the Driver fails to return the Rental Vehicle during the Rental period due to a natural disaster or any other force majeure, the Renter or the Driver shall not be liable for the damages arising from such cause. In this case, the Renter or the Driver shall immediately contact the Company and follow the instructions given by the Company.

Article17 (Check of the Rental Vehicle at the Time of Return, Etc.) The Renter or the Driver shall return the Rental Vehicle in the same conditions as confirmed at the commencement of rental, except for ordinary wear and tear of the Rental Vehicle arising from the normal use, in the presence of a representative of the Company.

2. The Renter or the Driver, at the time of return of the Rental Vehicle, shall confirm that no articles belonging to the Renter or the Driver or passenger(s) have been left behind in the Rental Vehicle. The Company shall bear no responsibility for the storage of such articles after the completion of return of the Rental Vehicle.

Article 18 (Time of Return of Rent a Car) If the rental period is extended based on Article 10, the "renter" shall pay a rental rate corresponding to the rental period after the change or the total of the rental rate before the change and the rate for the extra rental period, whichever is lower. 2. If the "renter" returns the "rent a car" after changing the rental period without obtaining the consent of the Company as prescribed in Article 10, he/she shall pay a penalty equal to twice the rate corresponding to the extra hours of the rental period, in addition to the rate prescribed in the preceding paragraph.

Article 19 (Place of Return of Rent a Car) If the "renter" changes the designated place of return based on Article 10, he/she shall bear the expenses required for forwarding the vehicle (hereinafter referred to as "forwarding expenses"). 2. If the "renter" returns the "rent a car" to a place other than the designated place of return without obtaining the consent of the Company as prescribed in Article 10, he/she shall pay a penalty equal to twice the "forwarding expenses".

Article 20 (Measures Taken if Rent a Car is not Returned) If either of the following conditions applies to the "renter", the Company shall take necessary measures for confirming the whereabouts of the "rent a car" by utilizing the vehicle location information system, and send an unreturned vehicle damage report to the National Rent-A-Car Association, in addition to taking legal action such as filing a criminal complaint against the "renter." (1) if the "renter" does not respond to the Company's request for return of the "rent a car" even after the rental period has expired; and (2) if the "rent a car" is deemed to be unreturnable because the whereabouts of the "renter" is unknown.

2. If either of the conditions of the preceding paragraph applies, the "renter" shall pay the Company for expenses it incurred

searching for the "renter" and picking up the "rent a car".

CHAPTER6 Measures in the Event of a Breakdown, Accident or Theft

Article 21 (Breakdown of Rent a Car) If a breakdown of the "rent a car" or other trouble occurs "during the period of use", the "renter" or the "driver" shall immediately stop using the car, notify the Company and follow the instructions of the Company.

Article22 (Accidents) If an accident involving the "rent a car" occurs "during the period of use", the "renter" or the "driver" shall immediately stop using the car and take the following measures, in addition to the legally required measures, irrespective of the seriousness of the accident: (1) Immediately report the details of the accident to the Company and follow the instructions of the Company; (2) If the "rent a car" is to be repaired based on the instructions in the preceding item, have it repaired at a shop of the

Company or a shop designated by the Company, except as approved by the Company. (3) Cooperate with the Company and the insurance companies under contract to the Company in the investigation of the

accident, and submit all documents requested by the Company and the insurance companies without delay. (4) Obtain the consent of the Company before reaching a settlement or other agreement with the other party involved in the accident.

2. In addition to matters specified in the preceding paragraph, the "renter" or the "driver" shall handle and settle the accident as his/her own responsibility.

3. The Company shall give advice to the "renter" or the "driver" regarding the handling of the accident as well as giving cooperation to settle the accident.

Article23 (Thefts) If the "rent a car" is stolen or damaged "during the period of use", the "renter" or the "driver" shall take the following measures: (1) Immediately report the matter to the nearest police station. (2) Immediately report the vehicle damage conditions to the Company and follow the instructions of the Company. (3) Cooperate with the Company and the insurance companies under contract to the Company in the investigation of the

theft/damage, and submit all documents requested by the Company and the insurance companies without delay. Article24 (Termination of Rental Contract due to Unusable Vehicle)TOYOTA

If the "rent a car" becomes unusable during the rental period due to a breakdown, accident, theft or other trouble (hereinafter referred to as "breakdown or other trouble"), the rental agreement shall be terminated. 2. In the case of the preceding paragraph, the "renter" or the "driver" shall bear the expenses required for the pick-up and repair of the "rent a car," while the Company shall not return the previously received rental fee, provided that the " breakdown or other trouble" is not due to any of the reasons specified in Paragraph 3 or Paragraph 5.

3. If the " breakdown or other trouble" is due to a defect existing before the vehicle was rented, the "renter" may be offered a "substitute rent a car" by the Company.

4. If the "renter" is not offered a "substitute rent a car" mentioned in the preceding paragraph, the Company shall return the full amount of the previously received rental fee to the "renter". The same shall apply when a "substitute rent a car" cannot be offered. 5. If the " breakdown or other trouble" occurred due to a reason not attributable to the "renter" or the Company, the Company shall return to the "renter" the amount of the previously received rental fee minus the amount of the rental rate for the period from the start of the rental to the termination of the "rental contract".

6. Except for such measures as provided for in this Article, the "renter" and the "driver" may not make any claims against the Company, except for those prescribed in this Article, with regard to any damages resulting from not being able to use the "rent a car".

CHAPTER7 Indemnification and Compensation

Article25 (Indemnity to a Third Party and the Company) In the event that the Renter or the Driver causes damage to a third party or the Company during the period of use of the Rental Vehicle, the Renter or the Driver shall be liable for indemnifying such damage except for damages arising out of causes attributed to the Company.

2. Among the damages to the Company as described under Article 28.1, the Renter or the Driver shall compensate the Company, as separately provided in the price list, for the damages resulting from Non-Usability of the Rental Vehicle due to the accident, theft, and defacement or odor for which the Renter or the Driver is responsible.

Article26 (Insurance) If the "renter" or the "driver" is liable for damage based on the "Agreement" and Detailed Regulations, insurance money up to the following limits shall be paid to him/her from the accident insurance policy concluded by the Company for the "rent a car", provided that payment of such insurance money does not fall under an exemption in the insurance policy conditions. (1) Compensation for personal damage: Unlimited per person (including compulsory automobile liability insurance) (2) Compensation for property damage: Unlimited (deductible of Yen 50 thousand) per accident) (3) Compensation for personal injury: Up to Yen 10 million per person

CHAPTER8 Cancellation

Article27 (Cancellation of Rental Contract) If the "renter" or the "driver" has violated the "Agreement" and Detailed Regulations during the rental period, the Company may cancel the "rental contract" without notice or summons and may request the immediate return of the "rent a car". In such a case, the Company shall not return the previously received rental fee to the "renter".

CHAPTER9 Miscellaneous Provisions

Article28 (Offsetting Mutual Obligations) If the Company bears monetary obligations to the "renter" based on the "Agreement" and Detailed Regulations, it may at any time offset such monetary obligations with the monetary obligations of the "renter" due the Company..

Article29 (Governing Law) The governing law shall be the laws of Japan. 2. Where there are any discrepancies between the Japanese Agreement and any other agreement such as the English Agreement, the Japanese Agreement shall apply preferentially.

Article30(Agreement and Detailed Regulations) The Company may revise the "Agreement" and Detailed Regulations, or may separately set up Detailed Regulations of the "Agreement" without any prior notice. 2. If the "Agreement" and Detailed Regulations have been revised or Detailed Regulations have been separately set up, the Company shall display them in its sales offices as well as describing them in the pamphlets and rate table issued by the Company and posting them on its website. The same shall apply when changes are made to the contents thereof.

Article31 (Court of Jurisdiction) If any disputes arise regarding the rights and obligations based on this "Agreement" and Detailed Regulations, the court

 

having jurisdiction over the location of the Company shall be the exclusive agreement jurisdictional court. Supplementary Provision: The "Agreement" shall take effect on October 1, 2013.

 

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