ilinx for RV, Motor Home and Camper rentals from Kansai Airport, Osaka Airport and Kyoto Station

Rental car rental agreement

2019/10/18

Chapter 1 General rules

Article 1 (Application of Terms and Conditions)

1. The Company shall rent a rental car (hereinafter referred to as “rental car”) to the borrower as stipulated in this agreement, and the borrower shall borrow it.
In addition, matters not stipulated in this agreement shall be in accordance with laws and general customs.
2. The Company may comply with special provisions to the extent that they do not violate the purpose, laws, administrative notices and general customs of this agreement.
In the case of a special agreement, the special agreement shall prevail over the terms and conditions.

 

Chapter 2 Reservation

Article 2 (Application for reservation)

1. The borrower agrees to the terms and conditions and the tariff set separately when renting a rental car.
・ You can apply for reservations by clearly indicating the necessity of accessories such as child seats and other borrowing conditions (hereinafter referred to as “borrowing conditions”).
2. When the Company applies for a reservation from the borrower, in principle, within the scope of the rental car owned by the Company
The reservation will be accepted. In this case, the borrower shall pay a separate reservation application fee unless otherwise permitted by the Company.

 

Article 3 (Reservation changes)

1. If the borrower intends to change the borrowing conditions set forth in paragraph 1 of the preceding article, the borrower must obtain prior consent from the Company.

 

Article 4 (Reservation cancellation)

1. If the borrower does not initiate the rental car rental contract for one hour or more after the reserved borrowing start time due to the borrower’s convenience, the reservation shall be cancelled.
2. In the case of the preceding two paragraphs, the borrower pays the Company a cancellation fee for the reservation as specified separately. The Company will return the received reservation application fee to the borrower upon payment of this reservation cancellation fee.
3. If the reservation is canceled due to the circumstances of the Company, or if the loan agreement is not concluded, the Company will refund the received reservation application fee.
4. If a loan agreement is not concluded due to an accident, theft, non-refundation, recall, natural disaster, other borrower, or any reason not attributable to the Company, the reservation shall be cancelled.
In this case, the Company will return the received reservation application fee.
5. In the case of internet reservation, if the reservation confirmation e-mail from our company cannot reply to the address indicated by the borrower, or if the telephone cannot be contacted by the borrower, we can treat the reservation as unsuccessful.

 

Article 5 (alternative car rental)

1. If we are unable to rent a car class of car class that has been reserved by the borrower, we can apply for rental of a car class of a car class different from the reservation (hereinafter referred to as “alternative car rental”) .
2. If the borrower accepts the application set forth in the preceding paragraph, the Company will lend out an alternative rental car under the same borrowing conditions as the reservation, except for the vehicle class.
In addition, when the rental fee of the alternative car rental is higher than the rental fee of the reserved vehicle class, the rental fee of the reserved vehicle class is used.
When the rental fee is lower than the reserved vehicle class, the rental fee is charged to the vehicle class of the alternative rental car.
3. The borrower may refuse the application for the rental of the alternative rental car in paragraph 1 and cancel the reservation.
4. In the case of the preceding paragraph, if the reason for failure to lend in the first paragraph is due to a reason attributable to the Company, it will be treated as a cancellation of the reservation in Article 4, Paragraph 4, and the Company will receive the received reservation. Refund the application fee.
5. In the case of Paragraph 3, if the cause of the failure to lend in Paragraph 1 is due to reasons not attributable to the Company, it will be treated as a cancellation of the Article 4 Paragraph 5 and the Company has received Refund the reservation application fee.

 

Article 6 (Disclaimer)

1. The Company and the borrower will not make any claims for the cancellation of the reservation or the conclusion of the loan agreement, except as provided in Article 4 and Article 5.

 

Chapter 3 Lending

Article 7 (Conclusion of loan agreement)

1. The borrower shall specify the terms of borrowing as stipulated in Article 2, Paragraph 1, and the Company shall conclude a loan agreement by clearly indicating the terms and conditions of the loan according to the terms and conditions and the fee schedule. However, unless there is no rental car that can be rented or the borrower or driver falls under any of the items of Article 8, Paragraph 1 or Paragraph 2.
2. When a loan agreement is concluded, the borrower pays the Company the loan fee specified in Article 10, Paragraph 1.
3. Based on the basic notification (Note 1) of the supervisory agency, the Company shall stipulate in the lending book (the original lending slip) and Article 13, Paragraph 1
In order to indicate the driver’s name, address, driver’s license type and driver’s license (Note 2) number on the loan card, or to attach a copy of the driver’s license, The borrower is requested to present a driver’s license for the driver designated by the borrower (hereinafter referred to as the “driver”) and to submit a copy of the driver’s license.
In this case, the borrower shall present his / her driver’s license when he / she is a driver, and submit a copy of the driver’s license, and if the driver is different from the borrower, he / she will present his / her driver’s license. And submit a copy of it.
(Note 1) The basic notification of the supervisory authorities is the notification of the Director General of the Automotive Transportation Bureau of the Ministry of Land, Infrastructure, Transport and Tourism “Basic Notification on Car Rental” (Self-travel No. 138, June 13, 1995) of (10) and (11) I say that.
(Note 2) A driver’s license is a driver’s license in the format of Article 14 attached to Article 19 of the Enforcement Regulations of the Road Traffic Act of the Driver’s License prescribed in Article 92 of the Road Traffic Act.
In addition, the international driver’s license or foreign driver’s license specified in Article 107-2 of the Road Traffic Law is based on the driver’s license.

4. When entering into a loan agreement, the Company may ask the borrower and driver to present a document that can be used to verify the identity in addition to the driver’s license, and may take a copy of the submitted document.
5. The Company will ask for a mobile phone number and other information to contact the borrower and driver during the loan period when concluding the loan agreement.
6. The Company may require the borrower to pay in cash or designate other payment methods when concluding a loan agreement.

 

Article 8 (Rejection of Conclusion of Loan Agreement)

1. When a borrower or driver falls under any of the following items, a loan agreement cannot be concluded.
(1) When a driver’s license necessary for driving a rental car is not presented.
(2) When it is recognized that you are drunk.
(3) When it is recognized that the patient has symptoms of poisoning due to narcotics, stimulants, thinners, etc.
(4) When bringing an infant under 6 years of age with no child seat.
(5) When it is recognized as a member of a gang, a member of a gang or a related party, or a person belonging to another anti-social organization.
2. If the borrower or driver falls under any of the following items, the Company may refuse to conclude a loan agreement.
(1) When the driver specified at the time of reservation is different from the driver at the time of concluding the loan agreement.
(2) In the past lending, when there is a fact that payment of the lending fee has been delayed.
(3) When there is an act listed in each item of Article 16 in the past lending.
(4) When there is a fact listed in Article 17, Paragraph 6 or Article 22, Paragraph 1 in past lending (including lending by other rental car operators).
(5) In the past lending, there was a fact that automobile insurance was not applied due to violation of lending agreement or insurance agreement.
(6) When the conditions specified separately are not met.
3. If a reservation has been made with the borrower in the preceding two paragraphs, it shall be treated as if the reservation has been cancelled. When the cancellation fee is paid by the lessee, the received reservation application fee shall be returned to the lessee.

 

Article 9 (establishment of loan agreement, etc.)

1. The loan agreement is concluded when the borrower pays the rental fee to the Company and the Company delivers the rental car to the borrower. In this case, the received reservation application fee will be used as part of the rental fee.
2. The delivery of the preceding paragraph shall be made at the borrowing place specified in the same paragraph on the borrowing start date of Article 2, Paragraph 1.

 

Article 10 (rental fee)

1. The rental fee means the total amount of the following fees.
(1) Basic charge
(2) Special equipment fee
(3) Fuel cost
(4) Other charges
2. The basic fee is based on the fee that the Company has registered with the Regional Transportation Bureau General Manager at the time of rental car rental.
3. If the rental fee is revised after making a reservation according to Article 2, the fee applied at the time of booking will be compared with the fee at the time of rental, and the lower fee will be used.

 

Article 11 (Change of borrowing conditions)

1. If the borrower intends to change the borrowing conditions in Article 7, Paragraph 1 after concluding the loan agreement, the borrower must obtain the consent of the Company in advance.
2. The Company may not approve any changes to the loan conditions as described in the preceding paragraph if it interferes with the lending business.

 

Article 12 (Inspection, maintenance and confirmation)

1. The Company will rent out a rental car that has been inspected as required by Article 48 [Periodic Inspection and Maintenance] of the Road Transport Vehicle Law and that has undergone necessary maintenance.
2. The Company shall carry out the inspections specified in Article 47-2 [Daily Inspection and Maintenance] of the Road Transport Vehicle Law and implement the necessary maintenance.
3. The borrower or driver must confirm that the inspection and maintenance in the preceding two paragraphs have been carried out, and that the rental car has no poor maintenance due to inspection of the appearance and accessories of the car body based on the separate inspection table.
It shall be confirmed that it is satisfied.
4. If the maintenance of a rental car is found to be defective as a result of the confirmation in the preceding paragraph, the Company shall immediately perform necessary maintenance.

 

Article 13 (Issuance of a loan certificate, mobile phone, etc.)

1. When delivering a rental car, the Company shall issue a designated rental certificate describing the matters stipulated by the Regional Transportation Bureau Director of Transportation to the borrower or driver.
2. The borrower or driver shall carry the rental certificate issued in accordance with the preceding paragraph while using the rental car.
3. If the borrower or driver loses the rental certificate, the borrower or driver shall immediately notify the company to that effect.
4. If the borrower or driver returns the rental car, the rental certificate shall be returned to the Company at the same time.

 

Chapter 4 Use

Article 14 (Management responsibility)

1. The borrower or the driver uses the rental car with the duty of care of a good manager from the time of receiving the rental car to returning to the company (hereinafter referred to as “in use”) Shall be stored.

 

Article 15 (Daily inspection and maintenance)

1. The borrower or the driver must perform the necessary maintenance for the rental car during use in accordance with Article 47-2 (Daily Inspection and Maintenance) of the Road Transport Vehicle Law before daily use. Shall be.

 

Article 16 (Prohibited conduct)

1. The borrower or driver shall not perform the following acts during use.
(1) Use a rental car for car transportation business or similar purposes without obtaining permission based on the Company’s consent and the Road Transportation Law.
(2) Use the rental car for purposes other than the prescribed use, or let the driver other than the driver listed on the rental certificate in Article 7 Paragraph 3 and the person who obtained the consent of our company drive.
(3) Perform any act that infringes on our rights, such as sublease a rental car or use it for other collateral.
(4) Forging or altering the car registration number or vehicle number mark of a rental car, or changing its original form such as remodeling or refurbishing a rental car.
(5) Use the rental car for various tests or competitions or towing or boosting other cars without obtaining the consent of our company.
(6) Use a rental car in violation of laws or public order and morals.
(7) Take out non-life insurance for the rental car without obtaining the consent of the Company.
(8) Remove the car navigation system, audio and other equipment installed in the rental car and take it out of the car without using the Company’s consent, and use in-vehicle tools and parts other than the rental car.
(9) Bring your pet with you without our consent.
(10) Take your rental car out of Japan.
(11) Other acts that violate the borrowing conditions of Article 7, Paragraph 1

 

Article 17 (Measures in case of illegal parking)

1. When the borrower or driver parks illegally as stipulated in the Road Traffic Act for rental cars during use, the borrower or driver pays a fine for illegal parking, etc. We will bear various expenses such as movement and storage.
2. When we receive a notification from the police about the violation of neglected parking of a rental car, we will contact the borrower or driver and promptly move the rental car. Instruct the handling police station to handle the violation by the end of the rental period of the rental car or by our direction. The borrower or driver shall follow this.
Please note that if the rental car is moved by the police, we may pick up the rental car from the police at our discretion.
3. After giving the instructions in the preceding paragraph, the Company will check the status of the violation with the traffic violation notice, payment notice, receipt, etc. at the discretion of the Company. *
If it has not been processed, the instructions in the preceding paragraph shall be given to the borrower or driver until it is processed.
In addition, the Company has given the document prescribed by the Company (hereinafter referred to as “Self-approval”) to the effect that the borrower or driver will appear at the police station, etc., in violation of neglected parking, and will follow the legal measures as the violator. And the borrower or driver shall obey this.
4. The Company, if deemed necessary by the Company, will pursue the responsibility for illegal parking violations to the borrower or driver by submitting materials including personal information such as self-approval forms and rental certificates to the police. For necessary cooperation.
In addition, necessary legal measures such as submitting documents such as a written statement and self-approval document and a loan certificate to the Public Safety Commission as provided in Article 51-4, Paragraph 6 of the Road Traffic Act, and reporting the facts The borrower or driver shall agree to this.
5. When our company paid the negligence fee payment in accordance with Article 51-4, Paragraph 1 of the Road Traffic Act, paid the negligence fee, or paid the expenses required for searching for the borrower or driver and collecting the rental car In such cases, the borrower or driver shall be liable to the Company for compensation for negligence charges and costs incurred by the Company.
In this case, the borrower or driver shall pay these amounts to the Company by the date designated by the Company.
If the borrower or driver has paid the Company an amount equivalent to neglected breach, the Company will receive a breach of the neglected breach when the Company has received a refund of the abandoned breach. The equivalent amount will be returned to the borrower or driver.
6. If the borrower or driver is to pay a penalty for illegal parking, etc. pursuant to the provisions of Paragraph 1, the Company shall indicate that the borrower or driver should handle the violation under Paragraph 2. If we do not respond to our instructions or our request to sign a self-approval certificate under paragraph 3, we will use it for negligence charges and parking violation penalties as set forth in paragraph 5.
From the borrower or driver, a parking fee of the amount specified separately by the Company (referred to as “parking fee” in the following paragraph) shall be accepted.

 

Chapter 5 Return

Article 18 (Responsibility for Return)

1. The borrower or driver shall return the rental car to the Company at the designated return location by the end of the borrowing period.
2. If the borrower or driver violates the provisions of the preceding paragraph, all damages caused to the Company shall be compensated.
3. If the borrower or driver is unable to return the rental car within the borrowing period due to natural disasters or other force majeure, the borrower or driver shall not be liable for any damage caused to the Company.
In this case, the borrower or driver shall immediately contact us and follow our instructions.

 

Article 19 (Confirmation when returning)

1. The borrower or driver shall return the rental car in the presence of the Company. In this case, it will be returned in the condition at the time of delivery, excluding the parts worn by normal use.
2, The borrower or driver shall return the rental car after confirming that there is no leftovers of the borrower, driver or passenger in the rental car. We will not be held responsible for the storage of leftovers.

 

Article 20 (rental fee when changing borrowing period)

1. If the borrower or driver changes the borrowing period in accordance with Article 12, paragraph (1), the borrower shall pay the rental fee corresponding to the changed borrowing period.

 

Article 21 (Return Location, etc.)

1. If the borrower or driver changes the designated return place in accordance with Article 12, Paragraph 1, it shall bear the necessary expenses for forwarding as a result of the change of the return place.
2. If the borrower or driver returns the rental car to a place other than the prescribed return place without obtaining the consent of the Company pursuant to Article 12, Paragraph 1, the return place change penalty specified below shall be paid. The
Refund location change penalty fee = cost required for forwarding due to change of return location x 200%

 

Article 22 (Measures for Non-Refunds)

1. The Company will not accept the rental request to the designated return location even if the borrower or driver has expired, and will not respond to our return request, or the location of the borrower is unknown. If it is recognized that it has been non-refundable for reasons such as becoming a lawsuit, in addition to legal procedures such as criminal prosecution, we will take measures such as reporting to the relevant places and reporting damages.
2. When the Company falls under the preceding paragraph, the Company will check the location of the rental car and the related information such as the borrower’s or driver’s family, relatives, work place, etc. Necessary measures including operation will be taken.
3. The borrower or driver shall be liable for compensation for damages caused to the Company pursuant to the provisions of Article 28 when applicable to Paragraph 1. *
In addition, you will be responsible for the cost of collecting the rental car and searching for the borrower or driver. *
In this case, the Company shall not be liable for the leftovers in the rental car.

 

Chapter 6 Measures at the time of breakdown, accident and theft

Article 23 (Measures for failure detection)

1. If a borrower or driver discovers an abnormality or malfunction of a rental car during use, borrower or driver will immediately stop driving and contact the company and follow our instructions.

 

Article 24 (Measures in the event of an accident)

1. If a borrower or driver has an accident involving a rental car in use, borrower or driver will immediately stop driving, take legal measures regardless of the size of the accident, and take the following measures.
(1) Immediately report the situation of the accident to the Company and follow the instructions to the Company.
(2) Car rental processing based on the instructions in the previous issue must be done at the Company or a factory designated by the Company, unless approved by the Company.
(3) Cooperate with the investigation of the Company and the insurance companies with which the Company has contracts regarding accidents, and submit necessary documents without delay.
(4) When making a talk or other agreement with the other party regarding the accident, obtain the consent of the Company in advance.
2. The borrower or driver shall take the measures set forth in the preceding paragraph and handle and resolve the accident at his / her own risk.
3. The Company shall provide advice on handling the accident for the borrower or driver and cooperate with the solution.

 

Article 25 (Measures for theft)

1. The borrower or driver shall take the following measures if the rental car is stolen during use or other damage occurs.
(1) Report to the nearest police immediately.
(2) Immediately report the damage status to the Company and follow the Company’s instructions.
(3) Cooperate with the investigation of the Company and the insurance companies with which the Company has contracts regarding theft and other damages and submit the requested documents without delay.

 

Article 26 (Termination of loan contract due to inability to use)

1. If the rental car cannot be used due to breakdown, accident, theft or other reasons (hereinafter referred to as “failure, etc.”) during use, the rental agreement will be terminated.
2. In the case of the preceding paragraph, the borrower or driver shall bear the expenses required for picking up and repairing the rental car, and the Company will not return the received rental fee.
Provided, however, that this shall not apply if the failure is due to the reason specified in Paragraph 3 or Paragraph 5.
3. In the event of a defect that occurred prior to the delivery of the fault, a new rental agreement shall be concluded, and the borrower shall be able to receive an alternative rental car from the beginning.
Note that Article 5 Paragraph 2 shall apply mutatis mutandis to the conditions for providing alternative car rentals.
4. If the borrower does not receive the substitute rental car in the preceding paragraph, the Company will return the full rental fee received. The same shall apply when we are unable to provide alternative rental cars.
5.If a malfunction occurs due to any reason not attributable to the borrower, driver, or the Company, the Company shall accept the period from the received rental fee to the end of the loan agreement. The remaining amount after deducting the rental fee corresponding to will be returned to the borrower.
6. Except for the measures stipulated in this section, the borrower and driver shall not be able to make any claims to the Company other than those stipulated in this section for damages caused by the failure to use the rental car.

 

Chapter 7 Compensation and Compensation

Article 27 (Compensation and business compensation)
1. If a borrower or driver damages a third party or the Company during use of a rental car borrowed by the borrower or driver, the borrower or driver shall compensate for the damage. However, this is not the case due to reasons attributable to our company.
2. Among the damages of the Company in the preceding paragraph, damages due to accidents, theft, breakdowns due to reasons attributable to the borrower or driver, damage to the rental car, odor, etc. due to the company’s inability to use the rental car are listed in the price list It shall be as provided, and the borrower or driver shall pay this.

 

Article 28 (Insurance and Security)

1. If the borrower or driver is liable for damages as defined in Article 28, paragraph (1), the insurance or compensation within the limits will be paid according to the non-life insurance contract signed by the Company or the compensation system established by the Company.
(1) Interpersonal compensation
Unlimited per person
(2) Objective compensation
】 Unlimited per accident (self-pay 100,000 yen)
(3) Vehicle compensation
Price per accident (exemption amount 100,000 yen)
(4) Personal injury insurance
30 million yen per person
(5) About special agreement
Road service incidental (conditions conform to insurance company regulations)
2. In case of exemption from insurance policy or compensation system, insurance money or compensation money specified in paragraph 1 will not be paid.
3. Exceeding the insurance amount or compensation paid by the provisions of paragraph 1 and damages for which insurance money or compensation is not paid.
The loss test will be borne by the borrower or driver.
4. When the Company pays the damages that should be borne by the temporary person or the driver, the borrower or the driver shall immediately reimburse the Company for the amount paid by the Company.
5. The amount equivalent to the insurance premium for the non-life insurance contract specified in paragraph 1 and the amount equivalent to the subscription fee for the compensation system specified by the Company are included in the rental fee.

 

Chapter 8 Cancellation of loan agreement

Article 29 (Cancellation of loan agreement)

1. If the borrower or driver violates this agreement during use, or if it falls under any of Article 8, paragraph (1), the Company shall not require any notification or notification. You can cancel the rental contract and request a return of the rental car immediately.
In this case, the Company will not return the received rental fee to the lender.

 

Article 30 (Consent Cancellation)

1. Even if the borrower is in use, the borrower can cancel the loan agreement after paying the cancellation fee specified in the following paragraph with the consent of the Company. In this case, the Company shall return the remaining amount after deducting the loan fee corresponding to the period from the loan to the refund from the received loan fee to the borrower.
2. The borrower shall pay the following cancellation fee to the Company when canceling the preceding paragraph.
Cancellation fee = {(basic fee corresponding to the rental contract period)-(basic fee corresponding to the period from lending to return)} x 50%

 

Chapter 9 Personal Information

Article 31 (Purpose of using personal information)

1. The purpose of obtaining and using personal information of the borrower or driver is as follows.
(1) As a business operator who has received a rental car business license under Article 80, Paragraph 1 of the Road Transport Act, implement the matters required as a condition of the business license, such as creating a rental certificate at the time of concluding the rental contract. To do.
(2) Introducing rental cars, used cars and other products handled by the Company to the borrower or driver and providing services related to these. In order to inform you about various events, campaigns, etc. by sending advertisements and sending e-mails.
(3) To confirm and examine the identity of the borrowing applicant or driver when concluding a loan agreement.
(4) To conduct a questionnaire review for the borrower or driver for the purpose of planning and developing products and services handled by the Company or examining measures to improve customer satisfaction.
(5) To statistically aggregate and analyze personal information and create statistical data that has been processed into a form that cannot identify and identify individuals.
2. When obtaining personal information of a borrower or driver for purposes not specified in each item of Paragraph 1, we shall clearly indicate the purpose of use in advance.

 

Article 32 (Consent to registration and use of personal information)

1. If the borrower or driver falls under any of the following items, personal information including the name, date of birth, driver’s license number, etc. Registered for a period not exceeding 7 years. , And that information will be used by the National Car Rental Association and each of the member car rental associations and member car rental companies for review when concluding a rental agreement.
(1) When the Company is ordered to pay negligence violation charges pursuant to Article 51-4, Paragraph 1 of the Road Traffic Act
(2) When the full amount of parking violation-related expenses prescribed in Article 18, Paragraph 5 is not paid to the Company
(3) When it is recognized that there was a non-refundation as stipulated in Article 23, Paragraph 1

 

Chapter 10 Miscellaneous

Article 33 (offset)

1. If there is a monetary obligation to the borrower or driver under this agreement, the Company can offset the monetary obligation of the borrower or driver to the Company at any time.

 

Article 34 (consumption tax)

1. The borrower or driver shall pay the Company the consumption tax (including local consumption tax) imposed on the transaction based on this agreement.

 

Article 35 (Delayed Damages)

1. If the borrower or driver and the Company fail to fulfill their monetary obligations based on this agreement, they will pay late damages to the other party at an annual rate of 14.6%.

 

Article 36 (bylaws)

1. The Company shall be able to stipulate the bylaws separately in this agreement, and these bylaws shall have the same effect as this agreement.
2. When the Company establishes detailed bylaws, it shall instruct the Company’s sales offices and include them in pamphlets and fee schedules issued by the Company. The same applies if this is changed.

 

Article 37 (Agreement Court)

1. If a dispute arises regarding the rights and obligations under these Terms and Conditions, the simplified court having jurisdiction over the location of the Company’s head office, branch or business office shall be the jurisdiction court regardless of the amount of the complaint.

 

Article 38 (Regarding custody of vehicles)

1. For each rental camper, we will leave one car for free.
We will keep your key.
We will take care of your car in the garage, but we will not be liable for any troubles in your car and equipment. Please do not leave valuables in the car.


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