Chapter 1 — General Provisions
1. Scope of This Agreement.
- Amusement Hokkaido (“Amuse”) shall rent out cars (“Rental Cars”) in accordance with this rental agreement and its bylaws as described in section 40 (collectively, “this agreement”). Renters shall fully understand and consent to this agreement before renting Rental Cars. If a Renter designates another individual to operate their Rental Car in accordance with section 8.3, they shall inform that operator of the relevant details of this agreement and ensure that the operator abides by the terms. Any matters not defined in this agreement are to be handled in accordance with laws or customary practice.
- Amuse may sometimes enter into special contracts if doing so does not violate this agreement, laws, government bulletins, or customary practice. In such cases, the special contracts will take precedence over this agreement.
Chapter 2 — Reservations
2. Making a Reservation.
- After consenting to this agreement and the separately established price schedule, Renters may use one of the methods described elsewhere to reserve a Rental Car, specifying the vehicle class, pick-up time and location, rental duration, return location, vehicle operators, presence of accessories such as child seats, and other rental options (collectively, the “Reservation Details”). In the case of a minibus, the Reservation Details include other necessary information such as the destination or route of operation, the number of passengers, and the purpose of use.
- Upon receiving a reservation request from a Renter, Amuse shall satisfy the request within the scope allowed by the Rental Cars that are in Amuse’s possession. At such a time, the Renter shall pay the reservation fee stated elsewhere, except in cases that receive special approval from Amuse.
3. Modifying a Reservation.
Renters who wish to modify the Reservation Details in section 2.1 shall obtain prior approval from Amuse.
4. Cancelling a Reservation.
- Either of the parties may cancel a reservation in accordance with the methods established separately.
- If a contract for the Rental Car (a “Rental Contract”) is not established within one hour after the reservation pick-up time, the reservation will be canceled.
- If the Renter decides to cancel their reservation, they shall pay Amuse the cancellation fee stated elsewhere. Once the cancellation fee has been paid, Amuse shall return to the Renter any application fees that it already received.
- If Amuse decides to cancel a reservation, it will return any application fees that have already been paid and will pay the Renter the penalty stated elsewhere.
- If a reservation is canceled or a Rental Contract fails to be established due to reasons that are not attributable to Amuse or the Renter, such as accidents, theft, non-return, recalls, force majeure (including if traffic has been or may be restricted due to earthquakes or other disasters), power outages, communications failures, or requests from official agencies, then Amuse shall return to the Renter any application fees that it already received.
5. Substitute Cars.
- If Amuse cannot loan a Renter their requested class of vehicle, it may suggest a Rental Car from a different vehicle class (a “Substitute Car”).
- If the Renter agrees to the suggestion in the previous provision, Amuse shall rent them the Substitute Car under the same Reservation Details that were requested (except for vehicle class). The Renter shall pay whichever rental fee is lower, that of the originally requested vehicle class or that of the Substitute Car.
- The Renter may refuse the suggestion of a Substitute Car in section 5.1 and cancel their reservation. In such cases, the provisions of section 4 will apply.
6. Disclaimer.
Neither of the parties shall file any sort of claim against the other due to a reservation being cancelled or a Rental Contract failing to be established, except in cases that fall under sections 4 or 5 of this agreement.
7. Reservation Agents.
- Renters may make reservations with travel agencies and other partners who handle the reservation process in place of Amuse (collectively, “Agents”).
- Renters who make reservations through an Agent may only modify or cancel those reservations through that Agent.
Chapter 3 — The Rental Process
8. Establishing a Rental Contract.
- A Rental Contract is established by a Renter specifying the Reservation Details as described in section 2.1 and Amuse providing this agreement as well as the conditions of the rental as determined by the pricing schedule etc. However, this excludes cases where no Rental Cars are available to rent as well as cases where one of the clauses in sections 9.1 or 9.2 apply to either the Renter or one of their drivers.
- The Renter shall pay Amuse the rental price described in section 11.1 at the time the Rental Contract is established.
- When establishing a Rental Contract, Amuse sometimes asks Renters to either present the driver’s licenses of their designated drivers (“Drivers”) or else submit copies of those licenses so that it can record the names, addresses, license types, and license numbers[*2] of the Drivers on the rental receipt described in section 14.1 and in the rental log in accordance with the basic directive[*1] from the competent authorities, or so that it can attach a copy of the licenses to such documentation. In such cases, the Renter shall present their own license or copy if they are the Driver, or the license or copy of the individual who will be the Driver if it is someone else.
[*1]The “basic directive from the competent authorities” is sections 2(10) and (11) of the Basic Directive for Rental Vehicles from the Automobile Bureau of the Ministry of Land, Infrastructure, and Tourism (No. 138; June 13, 1995).
[*2]A “driver’s license” is one of the licenses described in article 92 of the Road Traffic Act—specifically, Format 14 as listed in article 19 of the enforcement regulations for that law. This definition of a driver’s license includes international driving permits and permits issued in foreign countries as described in article 107.2 of the Road Traffic Act.
- In addition to a driver’s license, Amuse sometimes asks Renters or Drivers to submit other documentation and takes copies of such documentation when establishing a Rental Contract.
- When establishing a Rental Contract, Amuse will ask for the phone numbers or other contact information of Renters and Drivers so that it may notify them of important information during the rental period.
- When establishing a Rental Contract, Amuse may specify that the Renter pay via cash, credit card, or some other method.
- Renters cannot extend the rental period after their contract ends.
9. Refusing a Rental Contract.
- If any of the following applies to a Renter or Driver, they are prohibited from establishing a Rental Contract:
- if the individual fails to present the license required to operate the Rental Car or does not consent to Amuse making a photocopy of their driver’s license despite a request from Amuse to do so;
- if the individual is determined to be intoxicated by alcohol;
- if the individual is determined to be exhibiting signs of substance use involving narcotics, stimulants, paint thinner, etc.;
- if the individual is traveling with a child under the age of six without a car seat; or
- if the individual is determined to be a criminal organization, an affiliate member of such an organization, or anyone else connected to this sort of antisocial entity.[GD1]
- If any of the following applies to a Renter or Driver, Amuse may refuse to establish a Rental Contract with them:
- if the driver listed in the Rental Contract is different than the driver on the reservation;
- if the individual has fallen behind on the payment of old rental fees or other debts to Amuse;
- if the individual engaged in any of the conduct in section 17 during a past rental;
- if the individual engaged in any of the conduct in section 18.6 or section 25.1 during a past rental (including when renting from other rental companies);
- if vehicle insurance was unable to be applied during a past rental due to the individual breaching the terms of their rental agreement or insurance policy;
- if the individual directs violent speech or conduct toward anyone employed by or connected to Amuse, or if they make unreasonable demands of such people in relation to their business dealings with Amuse;
- if the individual uses deceptive plans, their influence, or the circulation of rumors to damage the credibility or obstruct the business of Amuse;
- if the individual does not meet the conditions specified elsewhere; or
- if the individual is otherwise determined to be unfit for Amuse.[GD2]
- If a Renter’s existing reservation is canceled due to section 9.2, and if that Renter has paid the cancellation fee, then Amuse shall return any application fees that the Renter already paid.
10. Formation etc. of Rental Contracts.
- A Rental Contract is formed when the Renter pays Amuse the rental fee and Amuse delivers the Rental Car to the Renter. At this time, the reservation fees already paid are applied to the rental fee.
- The transfer of delivery described in the previous provision will take place at the time and pick-up location specified in section 2.1.
11. Rental Fees.
- “Rental Fees” are the total of the base price, delivery fees, liability fees, optional fees, fuel costs, dispatching fees, and other fees. Amuse shall explicitly state the Rental Fees as well as how they are calculated on its pricing schedule.
- The base price is the amount that Amuse has reported to the head of the transportation division within the District Transport Bureau (for Hyōgo Prefecture, this is the director of land transportation at the Kobe Transportation Superintendent’s Office, while for Okinawa Prefecture, it is the director of the Okinawa General Bureau’s Land Transportation Office; same in section 14.1 below) and is currently charging at the time the Rental Car is rented.
- If the Rental Fees are modified after a reservation has been placed in accordance with section 2, the Renter shall pay the lower of the two amounts, either the price when they made the reservation or the new price.
- The details of Rental Fees are established in the bylaws of this agreement.
12. Modifying the Rental Terms.
- Renters who wish to modify the Reservation Details in section 8.1 after establishing a Rental Contract shall obtain prior approval from Amuse.
- Amuse sometimes declines to approve the modifications to Reservation Details described in the previous provision if those changes would hinder its rental operations.
13. Inspections and Maintenance.
- Amuse shall conduct the inspections prescribed in article 48 (Periodic Inspections & Maintenance) of the Road Transport Vehicle Act and shall provide Rental Cars that have been serviced as necessary.
- Amuse shall conduct the inspections prescribed in article 47.2 (Daily Inspections & Maintenance) of the Road Transport Vehicle Act and service its vehicles as necessary.
- Renters and Drivers shall verify that their Rental Cars satisfy all the Reservation Details, that the inspections described in the previous two provisions have been conducted, and that the vehicles have been maintained properly as determined via a visual inspection of their exterior and accessories in accordance with the inspection checklist provided elsewhere.
- If a maintenance issue with a Rental Car is discovered during the verification procedure described in the previous provision, Amuse shall immediately perform the required maintenance.
14. Rental Receipts etc.
- When transferring possession of a Rental Car to a Renter, Amuse shall provide that individual with the prescribed rental receipt in the form of a document (includes electronic formats such as email) containing the items mandated by the head of transportation at the District Transport Bureau.
- While using a Rental Car, Renters and Drivers shall keep the rental receipt described in the previous provision on their person at all times (includes electronic formats).
- If a Renter or Driver loses their rental receipt, they shall immediately notify Amuse of this fact.
Chapter 4 — Usage
15. Responsibility to Manage.
- From the time they gain possession of their Rental Cars until the time they return them to Amuse (the “Usage Period”), Renters and Drivers shall store and use the vehicles with the due care of a prudent manager.
- If a Renter or Driver utilizes paid services such as paid parking, toll roads, etc. during the Usage Period, they are responsible for directly paying any usage fees etc. to the service provider.
- If The Renter consents to Amuse providing information to one of the paid service providers in the previous provision if Amuse receives a request asking for disclosure of the identity of the person who was renting a Rental Car with a particular license plate at a certain date and time.
16. Daily Inspections and Maintenance.
During the Usage Period, Renters and Drivers shall inspect their Rental Cars in accordance with article 47.2 of the Road Transport Vehicle Act before using the vehicles each day.
17. Prohibited Conduct.
- During the Usage Period, Renters and Drivers shall:
- not use Rental Cars for a transportation business or similar purposes without Amuse’s approval as well as the permits etc. required by the Road Traffic Act;
- not use Rental Cars for anything other than their prescribed purposes, or allow anyone other than the Drivers listed on the rental receipt described in section 8.3 or other individuals authorized by Amuse to operate Rental Cars;
- not engage in any behavior that could harm the rights of Amuse, such as loaning out Rental Cars or offering them as collateral;
- not alter or create forgeries of a Rental Car’s license plate, or modify the original state of a Rental Car in any way;
- not use Rental Cars in any sort of trial or competition without Amuse’s approval, or use Rental Cars to push or pull other vehicles;
- not use Rental Cars in a way that violates laws, regulations, public order, or morality;
- not enroll in property insurance for Rental Cars without the approval of Amuse;
- not transport Rental Cars outside the country of Japan; and
- not engage in any other behavior that violates the Reservation Details described in section 8.1.
- Renters, Drivers, and other related individuals shall not make any audio or visual recordings of the interior or exterior of Amuse’s offices, sales locations, or other property and upload them to social media, livestream them, or otherwise distribute them.
18. Illegal Parking.
- If a Renter or Driver parks a Rental Car illegally (as defined in the Road Traffic Act) during the Usage Period, it shall surrender to the police department for that jurisdiction and immediately pay the fine for the illegal parking. The Renter or Driver shall also pay any tow-truck fees, storage fees, repossession fees, and other costs related to the illegal parking.
- Upon being contacted by law enforcement regarding a parking violation involving a Rental Car, Amuse shall instruct the Renter or Driver to promptly move or reclaim the Rental Car and to appear at the jurisdictional police station to deal with the incident no later than the time the rental ends or some other time determined by Amuse. In such cases, the Renter or Driver shall comply with Amuse’s requests. If a Rental Car is moved by the police, Amuse may retrieve it from the police directly at its discretion.
- After issuing the instructions described in the previous provision, Amuse shall verify the status of the violation via the traffic-violation report, payment receipt, etc. at its discretion. If the violation has not been dealt with, Amuse shall continue to provide the aforementioned instructions to the Renter or Driver until the situation is resolved. Also, the Renter or Driver shall comply with any requests from Amuse to sign a document in Amuse’s prescribed format that contains the facts of the illegal parking incident as well as an acknowledgement that the Renter or Driver will take the legally required steps as an offender (that document, an “Attestation”).
- If it deems necessary, Amuse may cooperate with law enforcement in their investigation of illegal parking by a Renter or Driver by submitting documentation such as Attestations or rental receipts containing that individual’s personal information. In addition, Amuse may take other necessary legal action such as submitting Attestations, rental receipts, or the explanatory statements defined in article 51.4(6) of the Road Traffic Act to the public-safety commission or otherwise reporting on the facts of the case. In such cases, Renters and Drivers shall consent to these actions by Amuse.
- Amuse may submit claims to a Renter for the following expenses in cases where Amuse has received an order to pay an abandonment penalty for illegal parking in accordance with article 51.4(1) of the Road Traffic Act or where Amuse has paid expenses related to searching for a Renter or Driver or the costs involved in relocating, storing, repossessing, or otherwise dealing with a Rental Car that has been illegally parked (those expenses collectively, “Illegal Parking Costs”). In such cases, the Renter shall pay the Illegal Parking Costs no later than the date designated by Amuse.
- the abandonment penalty
- the illegal parking penalty established separately by Amuse
- any costs incurred when searching for a Renter or Driver or when moving, storing, or repossessing a Rental Car
- If Amuse receives an order to pay an abandonment penalty as described in the previous provision, or if the Renter does not pay the entire amount on the claim in that provision by the deadline stated by Amuse, then Amuse shall register the Renter’s name, birth date, driver’s license number, and other personal details in the database of the National Rental Car Association (the “National Database”) or take other necessary steps. In such cases, the Renter consents to these actions by Amuse.
- In cases where a Renter or Driver is required to pay a fine for illegal parking as described in section 18.1, if that individual does not comply with Amuse’s instructions regarding the handling of that violation per section 18.2 or with Amuse’s request to sign the Attestation described in section 18.3, then Amuse may charge the Renter or Driver a “Parking Violation Fee” established elsewhere by Amuse and apply that sum to the abandonment penalty or fine described in section 18.5.
- Irrespective of section 18.6, once Amuse has received the full amount from the Renter for the Parking Violation Fee and the costs described in section 18.5(3), Amuse shall cease from registering that individual’s information with the National Database as described in section 18.6, or it shall delete the data from that database if it is already registered there.
- In cases where a Renter has paid Amuse the amount that Amuse requested in accordance with section 18.5, if Amuse receives a refund for the abandonment penalty because the Renter or Driver subsequently paid the Parking Violation Fee for this offense or the order to pay the abandonment penalty was rescinded due to a lawsuit etc., then Amuse shall return to the Renter only that portion of the paid Parking Violation Fee that corresponds to the abandonment penalty. This also applies in cases where Amuse has been paid a Parking Violation Fee in accordance with section 18.7.
- In cases where an individual’s personal information has been registered with the National Database in accordance with section 18.6, Amuse shall delete the data from that database if the order to pay an abandonment penalty is rescinded due to the fine being paid or for other reasons, or if Amuse has been paid the entire amount on the claim in section 18.5.
19. GPS Feature.
- Some Rental Cars are equipped with a global positioning system (“GPS”). Renters and Drivers consent to having the current location, route, etc. of their Rental Car recorded in the system designated by Amuse and agree that Amuse may use that data for the following purposes:
- to verify that a Rental Car has been returned to the designated location after its corresponding Rental Contract ends;
- to verify the current location or other status of a Rental Car in cases covered by section 25.1 as well as other instances where such action is deemed necessary to manage the Rental Car, perform the Rental Contract, etc.; and
- to conduct marketing analyses by anonymizing the data and using it to improve the quality of products and services offered to Renters and Drivers and to achieve better customer satisfaction.
- In cases where the disclosure of data recorded by the GPS described in the previous provision is legally compelled or ordered by a court, government agency, or other official function, Renters and Drivers consent to Amuse providing that data within the scope necessary to fulfill the request.
20. Drive Recorders and Vehicle Communication Systems.
- Some Rental Cars are equipped with a drive recorder. Renters and Drivers consent to having data about their driving status etc. recorded and agree that Amuse may use that data for the following purposes:
- in the case of an accident, to verify the situation in which an accident occurred;
- to verify the driving status etc. of a Renter or Driver when such action is deemed necessary to manage the Rental Car, perform the Rental Contract, etc.; and
- to conduct marketing analyses by anonymizing the data and using it to improve the quality of products and services offered to Renters and Drivers and to achieve better customer satisfaction.
- In cases where the disclosure of data recorded by the drive recorder described in the previous provision is legally compelled or ordered by a court, government agency, or other official function, Renters and Drivers consent to Amuse providing that data within the scope necessary to fulfill the request.
- Some Rental Cars come standard equipped from the factory with an onboard communication system. Renters and Drivers agree that data about the status of their Rental Cars (operational status, location, control data, error codes, etc.) may be acquired from the onboard communication system by the vehicle manufacturer, distributor, etc. (collectively, the “Manufacturer”) for roadside assistance services, technical support, and other purposes of use declared by the Manufacturer.
- Renters and Drivers agree that Amuse may have the Manufacturer provide the status of a Rental Car as described in the previous provision for the purposes listed in section 20.1.
Chapter 5 — Returning
21. Obligation to Return.
- Renters and Drivers shall return their Rental Cars to Amuse at the designated drop-off location by the end of the rental period.
- If a Renter or Driver violates the previous provision, it shall pay restitution to Amuse for any damages that Amuse incurs as a result.
- If a Renter or Driver is unable to return their Rental Car during the rental period due to a natural disaster or other force majeure, it is not liable for damages incurred by Amuse. In such cases, the Renter or Driver shall immediately contact Amuse and follow their instructions.
22. Return Inspections etc.
- Renters and Drivers shall return their Rental Cars in the presence of Amuse. Rental Cars must be returned in the same condition as when they were picked up, except for the minor wear and tear of daily use.
- Prior to returning a Rental Car, Renters and Drivers shall verify that no items have been left in the vehicle’s interior by themselves or their passengers.
23. Rental Fees When Rental Period Is Modified.
If a Renter modifies the rental period in accordance with section 12.1, it shall pay the Rental Fees corresponding to the new rental period.
24. Return Locations etc.
- If a Renter modifies the return location in accordance with section 12.1, it shall bear the cost of any redirection that this change requires.
- If a Renter returns their Rental Car to a location other than the designated return location without obtaining approval from Amuse as described in section 12.1, then they shall pay the following relocation fee:
- Relocation fee = Cost of redirection to new location × 200%
25. If a Rental Car Is Not Returned.
- If a Renter or Driver fails to return their Rental Car to the designated return location despite the fact that their rental period has ended, and if they also fail to comply with Amuse’s request to return it—or if it is determined that the reason for the non-return is that the Renter or Driver went missing—Amuse shall take legal action such as filing a criminal complaint. In addition, Amuse shall file a Report of Non-Return with the National Rental Car Association and take other action such as registering that individual in the National Database. Renters and Drivers agree to these actions by Amuse.
- In cases involving section 25.1, Amuse shall inquire with the family members, relatives, employer, etc. of the Renter or Driver and take other necessary action such as utilizing the Rental Car’s GPS.
- In cases involving section 25.1, the Renter shall pay restitution for damages incurred by Amuse as well as the cost of retrieving the Rental Car and searching for the Renter or Driver.
Chapter 6 — Mechanical Failure, Accidents, and Theft
26. If a Problem Is Discovered.
If a Renter or Driver discovers something wrong with their Rental Car during the Usage Period, they shall immediately cease operation of the vehicle, contact Amuse, and follow Amuse’s instructions.
27. If an Accident Occurs.
- If a Renter or Driver is involved in an accident with their Rental Car during the Usage Period, they shall immediately cease operation of the vehicle, take the legally required action regardless of the size of the accident, and:
- immediately notify Amuse of the accident and follow Amuse’s instructions;
- if Amuse’s instructions include repairing the Rental Car, then have those repairs done by Amuse or at a facility designated by Amuse, except in cases approved by Amuse;
- cooperate with the investigations of Amuse and its insurance company, promptly submitting any necessary paperwork; and
- obtain Amuse’s approval before reaching a private settlement or any other agreement with the other parties in the accident.
- In addition to the steps listed in the previous provision, Renters and Drivers are responsible for handling and resolving accidents.
- Amuse shall help Renters and Drivers resolve accidents and offer advice on how to handle them.
28. If a Rental Car Is Stolen.
- If a Renter or Driver’s Rental Car is stolen or otherwise damaged during the Usage Period, they shall:
- immediately report the incident to the nearest police department;
- immediately notify Amuse of the situation and follow its instructions; and
- cooperate with the investigations of Amuse and its insurance company regarding the damage or theft while promptly submitting any paperwork etc. that they require.
29. End of Rental Contract Due to Inability to Use.
- If a Rental Car becomes unusable during the Usage Period due to equipment failure, an accident, theft, or some other reason (collectively, “Failure”), its corresponding Rental Contract will end.
- In the case of the previous provision, the Renter is responsible for costs such as those incurred when retrieving or repairing the Rental Car; Amuse shall not return any Rental Fees that have already been paid. However, this does not apply in cases where the Failure is due to one of the reasons described in sections 29.3 or 29.5.
- If the Failure was caused by a defect or deficiency that existed prior to the rental or due to some other reason that makes the Rental Car incompatible with the Reservation Details, the Renter may establish a new Rental Contract and borrow a different Rental Car from Amuse. In such cases, the terms of the alternate rental must comply with section 5.2.
- If the Renter does not receive the substitute Rental Car in the previous provision, Amuse shall refund the entirety of any Rental Fees that have already been paid. This also applies when Amuse is unable to provide a substitute Rental Car.
- If the Failure occurred for reasons that are unattributable to the Renter or Driver, then Amuse shall refund that individual a prorated amount of Rental Fees corresponding to the period of time that the Rental Car was actually rented.
- Except for the situations described in this section, Renters shall not submit claims to Amuse for any damages that they incur as a result of being unable to use a Rental Car. However, this does not apply when the Failure was caused by Amuse’s gross negligence or malicious intent.
Chapter 7 — Indemnity and Compensation
30. Compensation and Business Reparations
- If a Renter or Driver damages one of Amuse’s Rental Cars during the rental period, they shall pay compensation for those damages. However, this does not apply in cases where the reason for the damage is unattributable to the Renter or Driver.
- In cases where a Renter is liable for restitution as described in the previous provision, that individual will pay compensation or business reparations, in accordance with the pricing schedule, for damages incurred by Amuse as a result of being unable to use the Rental Car in question due to equipment failure, theft, accidents, dirt or smoke damage, etc.
- If a Renter or Driver causes damage to Amuse or a third party due to their own gross negligence or malfeasance while using their Rental Car, they shall pay compensation for those damages.
31. Insurance and Compensation.
- If a Renter must pay the compensation described in sections 31.1 or 31.3, or if a Driver must pay the compensation described in section 31.3, those payments will be made within the following limits in accordance with Amuse’s insurance policy on the Rental Car or the compensation system that Amuse has established.
- Personal Liability: unlimited
- Property: unlimited
- Vehicle: limit of ¥4,000,000 per accident (¥100,000 deductible)
- Personal Injury: unlimited
- If the circumstances of the situation make it exempt from the insurance agreement or compensation system, then the payments described in the first provision will not be made.
- If a rental agreement is breached, then the payments described in the first provision will not be made.
- Renters and Drivers shall pay for any damage not covered by insurance claims or compensation as well as any damage that exceeds the insurance claims and compensation paid in accordance with section 31.1. Renters and Drivers shall also pay for any damage that exceeds the maximum limit defined in a special contract if such a contract has been established to modify the limits defined in section 31.1. However, in the case of damage caused by a designated disaster of extreme severity as described in article 2 of the Act on Special Financial Support to Deal with the Designated Disaster of Extreme Severity (Law No. 150 of 1962) (an “Extreme Disaster”), if that damage involves a Rental Car that was destroyed or damaged within the designated disaster area, the Renter or Driver is not required to pay compensation for that damage, except when it was caused by malicious intent or gross negligence on the part of the Renter or Driver.
- If Amuse pays for damages that a Renter or Driver is responsible for, then the individual shall immediately repay Amuse that amount.
- Renters and Drivers shall pay for damages equivalent to the deductible of the insurance claim or compensation described in section 31.1(2) or (3), except in cases where a special contract has been established separately.
Chapter 8 — Canceling a Rental Contract
32. Canceling a Rental Contract.
- If a Renter or Driver violates this agreement during the Usage Period, or if any of the clauses in section 9.1 applies to a Renter or Driver, Amuse may cancel their Rental Contract without notice and immediately demand that they return the Rental Car. In such cases, Amuse shall refund the Rental Fees that the Renter has already paid minus the portion corresponding to the period of time from when the Renter delivers the vehicle to the point that the Rental Contract was canceled.
- If a Rental Contract is canceled in accordance with the previous provision, the Renter shall pay for any damages incurred by Amuse as a result.
33. Midway Termination.
- Even during the Usage Period, Renters may cancel their Rental Contracts by obtaining Amuse’s approval and paying the termination fee listed in the next provision. In such cases, Amuse shall refund the Rental Fees that the Renter has already paid minus the portion corresponding to the period of time that the Renter had possession of the Rental Car, except in cases covered by separately established provisions.
- If a Rental Contract is ended in accordance with the previous provision, the Renter shall pay Amuse the following termination fee:
termination fee = [(base price for the entire rental-contract period) − (base price for the interval from pick-up to return)] × 50%
Chapter 9 — Personal Data
34. Purpose of Use of Personal Data.
- Amuse collects and uses the personal data of Renters and Drivers for the following purposes:
- to fulfill its obligations as a holder of a business license, such as when creating rental receipts upon the establishment of a Rental Contract as required of authorized rental agencies by article 80.1 of the Road Traffic Act;
- to send advertising emails etc. to Renters and Drivers informing them of various campaigns and events as well as the products and services offered by Amuse such as rental cars, used cars, etc.;
- to verify the identities of potential Renters and Drivers when establishing a Rental Contract, and to determine whether to enter an agreement with them;
- to conduct surveys on Renters and Drivers for the purpose of developing Amuse’s products and services or improving customer satisfaction; and
- to generate statistical data by analyzing and anonymizing the personal information.
- Amuse shall explicitly state the purpose of use in advance when acquiring the personal data of Renters or Drivers for reasons other than those listed in section 34.1.
35. Consenting to the Registration and Usage of Personal Data.
- Renters agree that their names, birth dates, driver’s license numbers, and other personal data will be registered in the National Database for a period of no more than 7 years, and that this information will be used by the National Rental Car Association as well as its local chapter and agency members to conduct reviews when establishing Rental Contracts, if any of the following applies:
- if Amuse is ordered to pay the abandonment penalty described in article 51.4.1 of the Road Traffic Act;
- if Amuse is not paid the full amount of Illegal Parking Costs described in section 18.5, or
- if there is determined to have been a non-return as described in section 25.1.
- If (3) above applies to a Driver, then that individual’s name, birth date, driver’s license number, and other personal data will be registered in the National Database for a period of no more than 7 years, and this information will be used by the rental entities listed in the previous provision to conduct reviews when establishing Rental Contracts.
Chapter 10 — Miscellaneous Provisions
36. Offsetting.
If Amuse has financial obligations to a Renter based on this agreement, then the Renter’s financial obligations to Amuse can be offset by that amount at any time.
37. Consumption Tax.
Renters shall pay Amuse for any consumption taxes that are levied through this agreement (including municipal taxes).
38. Late Charges.
If either party is delinquent in fulfilling its financial obligations based on this agreement, it shall pay the other party a late charge equal to 14.6% annual interest on the debt amount.
39. Precedence of Japanese-Language Agreement.
If there are any discrepancies between the Japanese-language version of this agreement and a translation in another language, the Japanese-language version will take precedence.
40. Bylaws.
Amuse may establish separate bylaws for this agreement. Such bylaws are as legally binding as this agreement.
41. Providing Important Information.
- Prior to renting to a Renter, Amuse shall strive to provide them with important information about this agreement using clear and simple language, including their responsibility with regard to damages and business reparations; the terms and details of Amuse’s insurance or compensation system; what the Renter should do in the case of an accident, equipment failure, or theft; what will happen in cases of illegal parking; and what will happen if a Rental Car is returned late.
- Renters shall strive to familiarize themselves with the details of this agreement etc.
42. Disclosure of This Agreement.
- Amuse shall disclose this agreement to Renters by:
- posting it within its sales offices in places that are easily visible to the general public (includes electronic displays etc.);
- posting it in a highly visible place on its website etc.; or
- providing it in a document (includes email and other electronic formats).
Amuse shall also provide Renters with the details of this agreement through the pamphlets, pricing schedules, etc. that it issues. This also applies when making changes.
43. Modifying This Agreement.
Amuse may modify this agreement. When modifying this agreement, Amuse shall post the fact that it will make changes, the updated agreement, and the effective period of the new agreement on its website or disseminate that information via another appropriate method.
44. Governing Law.
All contracts, rentals, and rental-related actions connected to this agreement are governed by and interpreted according to the law of Japan.
45. Agreement on Jurisdiction.
If a dispute arises regarding any of the rights or obligations established by this agreement, the summary court that presides over the area where Amuse’s headquarters, branch office, or sales office is located will have jurisdiction over the case, regardless of the amount of money in question.
Supplementary Provisions
This agreement goes into effect on May 1, 2024.