Terms and Conditions of Lease

Aqua Rent-a-Car Rental Terms and Conditions (Explanation of Terms and Conditions)

Chapter 1 / General Provisions

Article 1 (Application of the General Terms and Conditions)

1. Pursuant to the provisions of these General Terms and Conditions, the Company shall rent a rental car (hereinafter referred to as "Rental Car") to the lessee (including the driver). The Company shall not rent a rental car (hereinafter referred to as "Rental Car") to a lessee (including the driver; the same shall apply hereinafter). The same shall apply hereinafter) to the lessee (including the driver; hereinafter the same shall apply). The lessee shall borrow the rented vehicle. Any matter not provided for in these Conditions of Carriage shall be governed by law or common custom.
2. We may accept special terms and conditions to the extent that they do not conflict with the intent of the General Terms and Conditions, laws and ordinances, or general customs.
   In the event of any special agreement, such special agreement shall prevail.

Chapter 2 / Rental Agreement

Article 2 (Reservations)

1. When renting a rental car, the lessee may make a reservation in advance, specifying the model and class of car, starting date and time, rental location, return location, driver, whether or not a child seat is used, other rental conditions, and the rental period.
2. The reservation set forth in the preceding paragraph shall be made upon payment of a reservation application fee as separately determined.
3. In the event that the rental car rental contract (hereinafter referred to as "rental contract") is not started to be concluded at least one hour after the reserved rental start time in accordance with the preceding paragraph, the reservation shall be deemed to have been cancelled. The reservation shall be deemed to be cancelled if the rental car rental contract (hereinafter referred to as "rental contract") has not been concluded at least one hour after the reserved start time of the rental pursuant to the preceding paragraph.
4. In the event that the terms and conditions of the reservation under Paragraph 1 are to be changed, the Company's prior consent must be obtained. However, when a reservation application is made by a travel agency, etc. with which the Company has contracted and which handles reservation services on behalf of the Company, the reservation may be cancelled or changed at the reservation agency that accepted the application.
5. In the case of an Internet reservation, if the Company is unable to reply to the address provided by the customer by e-mail confirming the reservation, the Company will treat the reservation as non-conclusive.

Article 3 (Conclusion of Rental Agreement)

1. The Company will enter into a rental agreement upon application by the Lessee unless there is no rental car available for rent, or the Lessee has an infant under six years of age and no child safety seat, or the Lessee falls under any of the items of Article 9.
2. In accordance with the Basic Notification concerning Rent-a-Car (Jitetsu No. 138, June 13, 1995) 2 (6) and (7), the Company is obliged to enter the driver's name, address, type of driver's license and driver's license number in the rental book (rental slip) and the vehicle rental certificate stipulated in Article 11, or attach a copy of the driver's license to the rental contract. Therefore, the Company will request the borrower and the driver to present their driver's licenses at the time of concluding the rental agreement. A copy of the driver's license may also be taken.
3. When entering into a rental agreement, the Company may request the borrower and the driver to present a document that proves the identity of the borrower and the driver, in addition to the driver's license, and to provide a cell phone number or other information that will enable the Company to contact the borrower during the rental period. We may also take a copy of such documents.
4. An application for a rental agreement shall clearly indicate the terms and conditions of the rental agreement and the rental period as specified in Paragraph 1 of the preceding Article.
5. Upon execution of a rental agreement, the Company shall charge a rental fee determined separately.
6. The lessee shall not be allowed to extend the contract after it has been signed.

Article 4 (Formation of Rental Agreement, etc.)

1. The rental agreement shall become effective upon receipt of the rental fee by the Company and delivery of the rental car to the Lessee. In such case, the reservation deposit shall be applied as part of the rental fee.
2. In the event that the Company is unable to provide a rental car of the type and class reserved due to accident, theft or other reasons beyond the Company's control, the Company may provide a rental car of a different type and class from that reserved (hereinafter referred to as "substitute rental car"). In the event that the Company is unable to provide a rental car of the reserved car class due to accident, theft or other reasons beyond the Company's control, the Company may provide a rental car of a different car class from that reserved (hereinafter referred to as "substitute rental car").
3. If the rental rate for the substitute rental car to be rented under the preceding paragraph is higher than the rental rate for the reserved vehicle class, the rental rate shall be based on the rental rate for the reserved vehicle class, and if the rental rate is lower than the rental rate for the reserved vehicle class, the rental rate shall be based on the rental rate for the substitute rental car.
4. The Lessee may reject the offer of a replacement rental car under Paragraph 2 and cancel the reservation.

Article 5 (Cancellation of Rental Agreement)

1. In the event that the borrower falls under any of the following items during the rental period, the Company may cancel the rental agreement without notice or demand and demand the immediate return of the rental car. In such a case, the rental fee received by the Company pursuant to the preceding Article shall not be refunded.
   （1）When the customer has violated these terms and conditions.
   （2）When an accident occurs due to reasons attributable to the lessee.
   （3）When the lessee falls under any of the items of Article 9.
2. The Lessee may cancel the Rental Agreement if the Rental Car becomes unusable due to a defect before it is delivered to the Lessee, except when the Rental Car has been subjected to the treatment provided for in Article 22.3.

Article 6 (Termination of Rental Agreement due to Force Majeure)

1. The Rental Agreement shall be terminated if the Rental Car becomes unusable during the Rental Period due to a natural disaster or other force majeure event.
2. The Lessee shall notify the Company of any such event that falls under the preceding paragraph.

Article 7 (Cancellation before maturity)

1. The Lessee may cancel the Rental Agreement with the consent of the Company even during the Rental Period, except as provided in Paragraph 2. In such case, the Lessee shall pay the mid-term cancellation fee as provided in Article 25.
2. If any of the following items applies and the rental vehicle is returned during the rental period, the rental agreement shall be deemed terminated and the rental fee received in accordance with Article 4 shall not be refunded by the Company.
   （1）When the rental car is returned during the rental period due to an accident or breakdown of the rental car caused by a reason attributable to the lessee.
   （2）When the Company's separately stipulated rules are applicable.

Article 8 (Change of Borrowing Conditions, etc.)

1. If the borrower wishes to change the terms and conditions of the rental agreement (Article 3.4) or the rental period after the rental agreement has been executed (after receipt of the rental fee), the borrower must obtain the prior approval of the Company.
2. If the changes described in the preceding paragraph cause any hindrance to the rental service, the Company may refuse to accept such changes. In the event of non-acceptance, the Company may apply Article 25 "Terms and Conditions for Cancellation of Contract" even if the Company accepts the change.
3. In the event of a change in the rental period before receiving the rental fee (provisional reservation) and after receiving the rental fee (main reservation), if the number of days after the change is less than the rental period before the change (the percentage of the number of days decrease will be determined by the Company depending on the season and circumstances), the provisional reservation before the change and the main reservation contract will be cancelled and the date of the change will be the new application date. If there is another Customer who wishes to borrow the leased car at that time, the right shall be transferred to the next Customer.
4. After the rental agreement has been executed, the lessee shall pay the reservation cancellation fee as separately provided for in Chapter 7, Article 24, Paragraph 1 if the new application date falls under the change of the rental period provided for in the preceding paragraph (after receipt of the rental fee).

Article 9 (Refusal to Conclude a Rental Agreement)

The Company may refuse to enter into a rental agreement if the borrower falls under any of the following items.

1. When the driver's license required to drive the rental car is not presented.
2. When under the influence of alcohol.
3. When the patient is showing symptoms of intoxication by narcotics, stimulants, thinner, etc.
4. The driver specified at the time of reservation is different from the driver at the time of delivery of the rental car.
5. When a reservation was made without a child under 6 years of age, and the passenger attempted to take a child under 6 years of age as a passenger even though we did not have the child seat ready at the time of commencement of the rental period.
6. When the rental fee payment is in arrears with respect to a past rental.
7. When there has been an act that falls under any of the items of Article 17 in a past rental transaction.
8. When there has been an act that falls under any of the items listed in Article 30 or Article 30-2 in past rentals (including rentals by other rental car operators).
9. If the applicant is recognized as belonging to a crime syndicate, a member of a crime syndicate, an organization affiliated with a crime syndicate, or a person related to a crime syndicate, or any other anti-social force.
10. When the conditions specified in the Company's regulations are not met.
11. When the Company otherwise deems it inappropriate.

Chapter 3 / Rented Vehicles

Article 10 (Date and Time of Commencement, etc.)

The Company shall rent the Rental Car as specified in Article 14 at the commencement date, time and place of rental as specified in Article 3, Paragraph 4.

Article 11 (Method of Rental, etc.)

1. The Company shall inspect and maintain the Rental Vehicle in accordance with Article 47-2 of the Road Vehicle Law, and shall inspect the exterior of the Rental Vehicle and its accessories in accordance with the inspection list provided separately, and shall confirm that the Rental Vehicle is free from defects in maintenance before renting the Rental Vehicle to the Lessee.
2. If the Company discovers any defective maintenance or other defects in the Rental Car during the check as described in the preceding paragraph, the Company shall replace the Rental Car or take other measures.
3. When the Company delivers the rental car, it shall issue to the lessee a prescribed motor vehicle rental certificate stating the details specified by the Director of the District Transport Bureau, Transport Branch Office and the Director of the Land Transport Office, Okinawa General Bureau.

Chapter 4 / Rental Fees

Article 12 (Rental Fees)

1. The rental fee as defined in Article 4 is the total of the basic fee and any incidental charges incidental to the rental.
2. The basic fee in Paragraph 1 shall be based on the fee schedule that has been notified to the Director of the District Transport Bureau and the Director of the Land Transport Office, Okinawa General Bureau of Transportation at the time of rental and delivery.

Article 13 (Measures in Connection with Revision of Rental Charges)

In the event that the rental fee under the preceding Article is revised after the reservation has been made in accordance with Article 2, the fee shall be based on the fee schedule applicable at the time of reservation, notwithstanding Paragraph 1 of the preceding Article.

Chapter 5 / Responsibility

Article 14 (Periodic Inspection and Maintenance)

The Company shall rent a rental car that has undergone periodic inspections and maintenance as stipulated in Article 48 of the Road Vehicles Act.

Article 15 (Daily Inspection and Maintenance)

During the rental period, the lessee shall perform daily inspections and maintenance on the rented vehicle as stipulated in Article 47-2 of the Road Vehicles Act before using the vehicle each day.

Article 16 (Liability of Lessee for Management)

1. The RENTER shall use and keep the RENTAL CAR with the due care of a good manager.
2. The responsibility for the management of the rental car under the preceding paragraph shall begin when the rental car is delivered and shall end when the rental car is returned to the Company.

Article 17 (Prohibited Acts)

1. The Lessee shall not engage in any of the following acts during the rental period.
   （1）Use of the rented car for motor transportation business or similar purposes without the Company's consent and permission under the Road Transportation Law.
   (2) To sublease the rental car or use the rental car as collateral for any other act that would infringe on the Company's ownership rights.
   (3) To forge or alter the vehicle registration number plate or vehicle number plate of the rental car, or to alter the original condition of the rental car in order to modify or renovate it.
   (4) To use the rented car for any kind of test or competition, or to tow or push another vehicle without the Company's consent.
   （5）Driving the Rental Car by any person other than the Renter or the driver specified in Article 3.4 as a condition of the Rental.
   （6）Using the rented car in violation of laws and regulations or public order and morals.
   
（7）To take out damage insurance for the rental car without the Company's consent. The Company may initiate legal proceedings in the event of a violation of this letter or Article 30, and in the event of a violation of criminal law.

Article 17-2.

1. If the Lessee commits a parking violation during the term of the rental period in connection with the rented vehicle as defined in the Road Traffic Law, the Lessee shall pay the penalty for the parking violation and shall bear the costs of towing, storage, etc. associated with such parking violation.
2. In the event that the police inform the Company of a parking violation and the Lessee has not paid the parking fines or the fees as set forth in the preceding paragraph, the Company may refuse to return the leased car until such time as such payment or fees have been completed.
3. In the case of the preceding paragraph, a separate rental fee will be charged for the period until we receive the return.

Article 18 (Obligation to Carry Vehicle Rental Certificate)

1. The Lessee shall carry the Vehicle Rental Card issued in accordance with Article 11, Paragraph 3 during the period of rental of the Rental Car.
2. If the borrower loses the Vehicle Rental Agreement, the borrower shall immediately notify the Company of such loss.

Article 19 (Liability)

1. In the event of damage to the rental car caused by an accident attributable to the lessee, the lessee shall pay to the Company a separately specified amount of compensation for damages as compensation for business during the rental car repair period. The Company will clearly indicate this amount in its tariff.
2. In addition to the provisions of the preceding paragraph, the Lessee shall be liable for compensation for any damage caused to a third party or the Company by use of the Rental Car. However, this excludes cases where the damage is caused by reasons not attributable to the Lessee.

Chapter 6 / Treatment of Automobile Accidents, etc.

Article 20 (Handling of Accidents)

1. In the event of an accident involving the rental car during the rental period, the lessee shall take all legally required measures regardless of the size of the accident and shall handle the accident in accordance with the following provisions.
   （1）Immediately report the circumstances of the accident, etc. to the Company.
   （2）To submit without delay any documents or evidence required by the Company and the insurance company with which the Company has contracted, concerning the accident in question.
   （3）When settling or agreeing with a third party regarding such accident, the Company shall obtain prior approval from the Company.
   （4）Repairs to the rental car shall be made by the Company or a factory designated by the Company, except where there is a special reason to do so.
2. In addition to the preceding paragraph, the Lessee shall endeavor to resolve the accident at his/her own responsibility.
3. The Company shall advise the Lessee on the handling of accidents involving the Rental Car and shall cooperate in the resolution of such accidents.

Article 21 (Compensation)

1. The Company shall compensate for the liability for damages under Article 19, Paragraph 2, borne by the Lessee under the damage insurance contract concluded for the rental car and the compensation system established by the Company, within the following limits.
   （1）Unlimited bodily injury coverage (including automobile liability insurance)
   （2）Unlimited coverage for property (deductible of 100,000 yen)
   （3）Vehicle coverage per accident up to market value (deductible of 50,000 yen, but 150,000 yen for T-D and R-D class or larger trucks, X and L-E class or larger passenger cars, and campers)
   （4）Passenger Accident Compensation 30 million yen limit per accident, capacity, 200 million yen against uninsured vehicles.
2. (2) to (4) of the preceding paragraph shall be borne by the Lessee. However, if a special agreement is made, the borrower shall be responsible for any damage in excess of the compensation limit specified in the special agreement.
3. If the Company pays the amount of damages owed by the Lessee in excess of the compensation limit in Paragraph 1, the Lessee shall immediately reimburse the Company for such excess amount.
4. The deductible of any damage insurance or compensation plan shall be borne by the lessee, unless a special agreement has been made.
5. In the event of a violation of the Rental Agreement, the compensation stipulated in Paragraph 1 shall not apply.
6. If any of the exclusions in the policy conditions apply, the indemnification set forth in Section 1 will not apply.
7. In the event of an accident, we will submit your personal information to the insurance company.

Article 22 (Treatment of Failures, etc.)

1. If the RENTER discovers any abnormality or malfunction of the RENTAL CAR during the RENTAL PERIOD, the RENTER shall immediately stop driving the RENTAL CAR, notify the Company and follow the Company's instructions.
2. The Lessee shall be responsible for the cost of retrieving and repairing the Rental Vehicle if any abnormality or malfunction of the Rental Vehicle is caused by the Lessee's intentional or negligent act or omission.
3. In the event that the rental car becomes unusable due to a defect that existed before the rental car was rented, the Lessee may receive a replacement rental car or equivalent treatment from the Company.
4. The lessee shall not be entitled to claim against the Company for any damage arising out of his/her inability to use the rental car, except for the measures provided in the preceding paragraph.

Article 23 (Exemption from Liability Due to Force Majeure)

1. In the event that the RENTER is unable to return the RENTAL CAR within the RENTAL PERIOD due to a natural disaster or other force majeure event, the Company shall not be liable to the RENTER for any damages resulting from such event. In such a case, the Lessee shall immediately contact the Company and follow the Company's instructions.
2. The Lessee shall not hold the Company liable for any damage arising out of the Company's inability to lend the Rental Car or provide a replacement Rental Car due to a natural disaster or other force majeure event. In such a case, the Company shall immediately notify the Lessee.

Chapter 7 / Cancellation, Refund, etc.

Article 24 (Cancellation of Reservations, etc.)

1. In the event that the borrower cancels the reservation or fails to execute the rental agreement for the borrower's own reason, despite having made a reservation as provided in Article 2, the borrower shall pay a reservation cancellation fee as separately provided for in this Article. Upon payment of such cancellation fee, the Company shall return the reservation deposit.
2. In the event that the Company cancels the reservation or does not conclude the rental agreement, the Company shall refund the reservation deposit. In such case, the Company shall not charge any other penalty fees incurred by the Company.
3. In the event that a reservation under Article 2 has been made, but a rental agreement is not executed for reasons other than those set forth in the preceding two paragraphs, the reservation shall be deemed to have been cancelled. In such case, the Company shall refund the reservation deposit.
4. Neither the Company nor the Lessee shall make any claim against each other for failure to execute the Rental Agreement.

Article 25 (Cancellation fee before maturity)

In the event of early termination as provided for in Article 7.1, the Lessee shall pay the following early termination fee in addition to the Rental Charges corresponding to the period up to the termination
Cancellation fee = {(basic fee corresponding to the period of the rental agreement) - (basic fee corresponding to the period from the rental agreement to the return of the leased property)} x 50%.

Article 26 (Refund of Rental Charges)

1. In any of the following cases, the Company shall refund all or part of the Charges received from the Lessee in accordance with the provisions of the respective items.
   （1）When the borrower cancels the rental agreement pursuant to Article 5, Paragraph 2, the full amount of the rental fee received.
   （2）When the Rental Agreement is terminated pursuant to Article 6, Paragraph 1, the amount remaining after deducting from the Rental Charges received the Rental Charges corresponding to the period during which the Rental Agreement was terminated from the time of delivery.
   （3）In the event of mid-term cancellation by the borrower pursuant to Article 7.1, the balance of the rental fee received, less the rental fee corresponding to the period of time during which the loan was returned due to mid-term cancellation.
2. In making the refund set forth in the preceding paragraph, the Company may set off the cancellation fee and any other amounts due, if any, against the refund.

Chapter 8/Return

Article 27 (Confirmation of Rental Car, etc.)

1. When returning the Rental Car to the Company, the Lessee shall return the Rental Car in the condition in which it was found at the time of delivery, except for wear and tear due to normal use.
2. Upon return of the rental car, the Company shall check the condition of the rental car in the presence of the lessee.
3. Upon return of the rental car, the lessee shall make sure that there are no articles left behind by the lessee or passengers in the rental car in the presence of the Company, and the Company shall not be liable for any articles left behind after the return of the rental car.

Article 28 (Time of Return of Rental Car, etc.)

1. The renter shall return the rental car within the rental period.
2. If the borrower changes the rental period pursuant to Article 8.1, the borrower shall pay the lower of the rental fee corresponding to the changed rental period or the pre-changed rental fee and the excess fee.

Article 29 (Place of Return of Rental Car, etc.)

1. The rental car shall be returned to the return location indicated in accordance with Article 3, Paragraph 4. However, if the return location is changed in accordance with Article 8.1, the rental car shall be returned to the new return location.
2. In the case of the proviso of the preceding paragraph, the lessee shall bear the costs for the round trip required due to the change of the return location.
3. If the renter returns the rental car to a place other than the place of return indicated in accordance with Article 3, Paragraph 4 without obtaining the Company's consent in accordance with Article 8, Paragraph 1, the renter shall pay a penalty for changing the place of return as specified below.
   Penalty fee for change of return location = 30% of the cost for the return transportation required due to the change of return location.

Article 30 (Measures to be taken when a rental car is stolen)

1. If the renter fails to return the rental car to the place of return as specified in Paragraph 1 of the preceding Article after 72 hours from the expiration of the rental period and does not respond to our request for return, or if the renter's whereabouts are unknown or the renter is deemed to have fled in a vehicle, we will take legal action, including filing a criminal complaint, and reporting the damage caused by the fled in a vehicle to the renter.
2. In the event that the preceding paragraph becomes applicable, the Company shall confirm the whereabouts of the rental car by all possible means.
3. In the event that the RENTER falls under Paragraph 1, the RENTER shall be liable to compensate the Company for any damage caused by the RENTER in accordance with Article 19 and shall bear the expenses incurred in retrieving the RENTER and in searching for the RENTER.

Article 30-2 (Actions to be taken when the Company pays parking violation fines, etc.)

1. If the Lessee fails to pay the parking fines or expenses within the prescribed period and the Company incurs such fines or expenses, the Lessee shall be liable to compensate the Company for such expenses, and the Company may seek compensation through legal proceedings or otherwise.
2. In the case of the preceding paragraph, if the lessee fails to pay the fees set forth in the preceding paragraph within the period of time determined by the Company thereafter, the Company shall report to the lessee that the parking violation-related fees have not been paid, or take other action against the lessee.

Article 31 (Agreement on Registration and Use of Credit Information)

When the Borrower falls under Article 30, Paragraph 1 or Paragraph 2 of the preceding Article, the Borrower agrees that credit information based on objective loan facts will be registered with the Borrower for a period not exceeding 7 years, and that such information will be used by the Prefectural Governments and their respective member companies.

Chapter 9 / Miscellaneous Provisions

Article 32 (Purpose of Use of Personal Information)

1. The purposes for which we collect and use the personal information of borrowers are as follows. In the event that we acquire personal information for a purpose not specified here, we will clearly indicate the purpose of use in advance when we acquire the personal information of the borrower.
   （1）To carry out matters required as a condition of the business license, such as preparing a rental certificate at the time of signing a rental agreement, as an operator licensed to operate a car rental business.
   （2）To provide rented/leased cars and related services to lessees.
   （3）To authenticate and screen individual borrowers.
   （4）To compile and analyze personal information statistically and create statistical data processed in a form that does not identify or specify individuals.
2. In the event that personal information of the borrower is acquired for purposes other than those specified in each item of Paragraph 1, the purpose of use shall be clearly indicated in advance.

Article 33 (Consumption Tax)

The Lessee shall separately pay to the Company the consumption tax (including local consumption tax) imposed on monetary obligations under these Conditions of Carriage.

Article 34 (Delayed Payment of Damages)

If the Lessee fails to perform any of his/her financial obligations under these Conditions of Carriage, the Lessee shall pay to the Company a late charge at the rate of 14.6% per annum.

Article 35 (Priority Application of Japanese Terms and Conditions)

In the event of any discrepancy between the Japanese version of the General Terms and Conditions and the English version, the Japanese version shall prevail.

Article 36 (Bylaws of the Contract)

1. We may establish separate detailed regulations for the implementation of these terms and conditions.
2. When the Company has established separate detailed regulations, it shall post such regulations at the Company's business office and include them in the Company's published pamphlet and rate schedule. The same shall also apply in the event of any changes.

Article 37 (Agreed Jurisdiction)

If any dispute arises regarding the rights and obligations under these Terms and Conditions, the court having jurisdiction over the location of our business office shall be the court of agreed jurisdiction, regardless of the amount of the suit.

supplementary provisions
The items listed on the Flow of Use page will also apply concurrently.
These terms and conditions have been in effect since March 1, 2008.