Rental agreement for camper rental

Chapter 1 General rules
Article 1 Application of Terms and Conditions
1. The Company shall rent a rental car to the borrower as stipulated in this agreement, and the borrower shallborrow it.
2. We 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 case of a special agreement, the special agreement shallprevail over the terms and conditions.
3. Matters not stipulated in this agreement shall be in accordance with laws and general customs.
Chapter 2 Reservations
Article 2 Application for reservation
1. When renting a car, the borrower can select the type of rental car, the rental period, pickup and drop-off
locations, drivers and other options in advance (a price list is provided).
2. When the borrower applies for a reservation, we shall accept the reservation within the range of the rental car
owned by our company. Then, the borrower shall pay the reservation application fee specified separately, except
the case that we specifically acknowledge.
3. Reservation is made when we inform the borrower of receiving the reservation application fee.
4. The borrower cannot rent a car when he or she fails to pay the application fee 15 days prior to the rental date
except when reservation is made after 14 days prior to the rental date.
Article 3 Establishment of reservation
1. Reservation is established when we inform the borrower of receiving the rental fee excluding the reservation
application fee.
2. When the borrower books after 14 days prior to the rental date, the borrower pays the whole rental fee to us
and then the reservation is made after we inform the borrower of receiving the rental fee.
3. When the borrower shall not pay the rental fee, the reservation shall not be made. The borrower needs to pay
cancellation charge.
Article 4 Reservation change
1. The borrower shall obtain the consent of the Company in advance when intending to change the borrowing
conditions.
Article 5 Cancellation of reservations, etc.
1. The borrower may cancel the reservation by a method specified separately. The borrower shall pay thereservation cancellation fee to the Company as specified separately, and the Company will return the received
reservation application fee to the borrower when the reservation cancellation fee is paid.
2. If the borrower does not start the procedure for concluding a rental car rental contract (hereinafter referred toas “rental contract”) even after one hour or more has passed the reserved borrowing start time due to theborrowerʼs convenience. It is assumed that the reservation has been cancelled.
3. If the rental contract is not concluded due to an accident, theft, non-return, recall, natural disaster or any otherreason not attributable to the borrower or the Company, the reservation shall be cancelled. In this case, theCompany shall refund the reservation application fee that has been received.
Article 6 Alternative rental car
1. If the Company is unable to provide a rental car from the class you selected, the company may offer analternative car from another class.
2. In such a case, with the agreement, the alternative car will be rented. All other conditions are identical to yourreservation. There is no extra charge if the alternative car is more expensive than the original selection. However,if the alternative car is cheaper, the borrower will pay the lower price.
3. If there are no alternative cars to your liking, you can cancel your reservation. In such a case, your deposit will
be refunded.
Article 7 Disclaimer
1. If a reservation is canceled for a reason other than those specified in article 5 and 6, you and we will not becharged.
Chapter 3 Rental
Article 8 Creation of rental contract
1. You shall specify the borrowing conditions and we shall clearly indicate the rental conditions in accordance withthese terms and conditions, the price list, etc. and conclude the rental contract. However, this does not apply
if there is no rental car that can be rented or if you fall under any of the items of Article 9.
2. When the contract has been made, you will pay the rental fee. The price is in Article 11.
3. We are required by Japanese law to register the drivers name and address, and to make a copy of the driverʼs
license. If the borrower and the driver are different people, we need to make a copy of the driverʼs license owned
by a person who will drive a rent-a-car.
4. We may ask the borrower and the driver to show identification (such as a passport) in addition to a driverʼs
license and make a copy.
5. We may ask for a contact telephone number
6. Payment is by cash or credit card. Other options may be possible.
Article 9 Refusal of rental contract
1. We are unable to rent you a car in the following situations:①

You fail to provide a valid driverʼs license.

②

You drive under the influence of alcohol.

③

You drive under the influence of illegal drugs such as marijuana, cocaine etc.

④

You intend to allow children to travel without a child safety seat (it is mandatory for children under 6 years
old to have a child safety seat).

⑤

You have connections with yakuza organizations.

2.

We are unable to rent a car in the following situations:①

The driver is a different person from the one specified at the time of reservation.

②

If you have an experience of payment delayal③

You have committed any of the acts detailed in article 17④

You have committed the act described in article18 or article 23 (whether with our or any other car rental
company)⑤

You cannot secure car insurance due to any instance of violating a car rental agreement or car insurance
agreement.

⑥

You fail to meet other conditions specified here.

⑦

You make unreasonable demands, or use violence or offensive language.

⑧

You fail to conform to our company rules.

3. If any of the above transgressions occur or are discovered subsequent to the reservation, the reservation will becancelled and the deposit is not refunded.
Article 10 Establishment of rental contract
1. The rental contract shall be concluded when the borrower pays the rental fee to the company and the company
staff member and the borrower inspect the rental car and the company staff explain the borrower how to use
the rental car. In this case, the received reservation application fee shall be applied to a part of the rental fee.
2. The delivery set forth in the preceding paragraph shall be carried out at the borrowing location specified in thesame paragraph at the borrowing start date and the time set forth in Article2, paragraph 1.
Article 11 Rental charge
1. The rental fee refers to the total amount of the following fees and the Company shell specify each amount or
calculation basis on the price list①

Basic charge②

Car insurance subscription money③

Option charge④

Vehicle dispatch & collection fee⑤

Other charge

2. The basic charge refers to the amount in which the Company has reported to the Transport Bureau of theRegional Transportation Bureau.
3. When renting the rental fee after making a reservation under Article 2, we shall comply with the fee applied at
the time of booking and the fee at the time f lending and will be based on the lower price.
Article 12 Change of borrowing conditions
1. Upon concluding a lending contract, the renter shall receive the Companyʼs consent in advance if it intends tochange the terms of borrowing under article 8, paragraph 1.
2. The company may not approve the change if the obligation on the lending business occurs due to the changeof the borrowing conditions under the preceding paragraph.

Article 13 Inspection and confirmation

1. The company shall inspect their vehicles as stipulated in Article 48 of the Road Trucking Vehicle Law : Periodic
inspection & maintenance and lend rented carts that have carried out necessary maintenance. The company
shall conduct the inspections specified in Article 47-2 of the Road Trucking Vehicle Law: Daily inspection andmaintenance and implement necessary maintenance.
2. Renter or driver shall recognize and confirm that the rental vehicle is fulfilling the maintenance listed in thepreceding 2 paragraphs and maintenance conducted separately under the list of vehicle body appearance andaccessories necessity.
3. The company will conduct necessary maintenance etc. as soon as we have found maintenance defects in car
rental by confirmation in the preceding paragraph.
Article 14 Delivery of rental certificate, mobile, etc.
1. When the company hand over a rental car, we will deliver to the borrower or driver a prescribed letter of credit
stating the matters determined by the director of transport Bureau of the regional bureau of transportation.
2. During the use of a rental car, the borrower or driver shall carry a rental certificate issued pursuant to thepreceding paragraph.
3. When the borrower or driver loses the rental certificate, he / she shall immediately notify that fact to thecompany.
4. At the same time, the borrower or the driver shall return the rental letter to the company when returning therental car.
Chapter 4 Use
Article 15 Management responsibility
1. The borrower or driver shall use and keep the rental car with the duty of care from the time the car is delivered
to the time it is returned to the company .
Article 16 Daily inspection and maintenance
1. The borrower or driver shall, during use, check the rental car before daily use as specified in Article 47-2 (Daily
inspection and maintenance) of the Road transport Vehicle Act and perform necessary maintenance.
Article 17 Prohibited acts
1. The borrower or the driver shall not do the following acts during any use.
①

To use the car for the automobile transport business or similar purpose without the consent of our company
based on the Road Transportation Act.

②

To have a car rental other than the intended use, or to be driven by a person other than the driver listed on
the rental certificate under Article 8, paragraph 3③

To do any act to infringe our rights, such as subletting a rental car or offering it for other collateral.

④

To change the current situation such as counterfeiting or alteration of car registration number or vehicle
number mark, remodeling or refurbishing the rental car.

⑤

To use rent-a-car for various tests or competitions, or to use rental car for towing or boosting other vehicles
without our consent.

⑥

To use a rental car in violation of laws or public order and morals

⑦

To participate in damage insurance for rental car without our consent.

⑧

To bring rental car out of Japan.

⑨

To do smoking inside and nearby rental car, and to cause smell inside rental car by consuming or cooking
strong-smelling food or drinking.

⑩

To do damage on the outside or inside of rental car⑪

to drive under the influence of alcohol, any drugs which affects driving rental car⑫

to allow pets in the car without our consent⑬

other acts that violate Article 8, paragraph 1

Article 18 Illegal parking
1. when a borrower or a driver gets a parking ticket for illegal parking, go to the police station specified on theticket and pay the fine. When there are other costs such as wrecker fees, storage and withdrawal, he or sheneeds to pay.
2. When we are notified by the police to a neglected parking violation of the rental car, we will contact the borroweror the driver and instruct him or her on how to move the car, how to retrieve the car from the police, and how
to proceed with the transaction for violation. Furthermore, when the car is moved by the police, we may retrieve
the car at our discretion.
3. We will check the status of the violation processing and contact you as and when it is completed. The borroweror the driver will sign an acknowledgement letter attesting to the illegal parking and the transaction for theviolation.
4. We may be required to submit any necessary documents to the authorities, and you are required to agree tothis.
5. When you do not go to the police, and we are ordered to pay a fine instead of you, we will charge you the fee
below. You will pay this fee by the date we specify.
① the fee of the fine in full
② any other illegal parking fine determined by the company③ any research costs and any transport costs incurred by the company in vehicle reclamation
6. if you do not follow the order to go to the police station, pay the fine or sign the acknowledgement letter, we
can charge you an extra violation fee that we stipulate.
7. If the borrower or the driver pays us the amount requested by the company pursuant to paragraph 5, he or she
will later pay the offense for the parking violation or file a prosecution. If the order to pay the neglected violation
fee is canceled and the company receives a refund of the neglected violation fee, the company will pay only theamount equivalent to the neglected violation fee among the parking-related expenses already paid by theborrower or the driver. It shall be returned to the person. The same shall apply even if the company charges aparking violation fee.
Chapter 5 Return
Article 19 Responsibility for return
1. The borrower or driver shall return the rental car to the company at the designated return location by the endof the rent period.
2. If the borrower or the driver violates the provisions of the preceding paragraph, he or she shall compensate forany damages caused to the company.
3. The borrower or the driver shall not be liable for any damages on the company if the rental car cannot be
returned by the appointed time due to natural disaster or other unavoidable circumstances. In this case, theborrower or driver shall immediately contact us and follow our instructions.
Article 20 Confirmation at the time of return, etc.
1. The borrower or driver shall return the rental car in the presence of the company, it shall be returned in thestate at the time of delivery, except that there is a part worn by normal use.
2. When returning the rental car, the borrower or the driver shall confirm that there is no borrower, driver orpassengerʼs leftover item in the rental car. The company shall not be responsible for keeping leftover items.
Article 21 Rental fee when changing the borrowing period
1. When a borrower or a driver changes the borrowing period pursuant to Article 12, paragraph 1, he or she shall
pay the rental fee corresponding to the changed borrowing period.
Article 22 Place of return
1. When a borrower or driver changes the prescribed returning location pursuant to Article 12, paragraph 1, he or
she shall bear the cost of the necessary transfer due to the change of the returning place.
Article 23 Measures in case of non-return
1. If you do not return the car by the appointed time and do not follow our conditions for return, we will take legal
action.
2. In such a case, we will pursue the matter with your contacts such as your family, relatives, or coworkers andactivate a vehicle location system.
3. You will bear all costs involved in locating and retrieving the rental car pursuant to Article 28.
Article 24 Balance payment
1. If there are any unsettled payment at returning the rental car, you shall pay to the company.
Chapter 6 Measures in case of breakdown, accident or theft
Article 25 Measures to be taken when a failure is discovered
1. If you discover an abnormality or malfunction in the rental car during use, you shall immediately stop driving,
contact us and follow our instructions.
Article 26 Measures in the event of an accident
1. If an accident occurs during use, you shall immediately stop driving, take legal measures regardless of the sizeof the accident and take the following measures.
①

Immediately report the situation of the accident to us and follow our instructions②

When repairing the car, do so at the location specified by us.

③

To cooperate with the investigation by our insurance company, and submit the necessary documents etc,
without delay.

④

When establishing an agreement with the adversary party concerning the accident, obtain our approval inadvance.

2. In addition to taking the measures set forth in the preceding paragraph, you shall handle and resolve theaccident at your own risk.
3. We will advise you on how to deal with the accident and cooperate in solving the accident.
Article 27 Measures in the events of theft
1. You shall take the following measures in the event that the rental ca is stolen or otherwise damaged during use.
① Call the nearest police immediately② Report the damage situation to us immediately and follow our instructions③ Cooperate with the investigation of the company and the insurance company with which we have a contract
regarding theft and other damages and submit the required documents without delay
Article 28 Termination of rental contract due to unavailability
1. If the rental car becomes unusable due to breakdown, accident, theft or any other reason during use, the rental
contrast shall be terminated. You shall return the car and rental goods and pay the balance based on Article 24.
2. In the case referred to in the preceding paragraph, you shall bear the expenses required for picking up andrepairing rental cars and our company shall not refund the received rental fee. However, this shall not apply tocases where breakdown, etc. is caused by the reasons specified in paragraph 3 or 5.
3. The breakdown is due to a defect that existed before the rental, a new contract shall be concluded and you shallbe able to receive an alternate rental car from the company. In addition, Article 6, paragraph 2 shall apply
mutatis mutandis to the provision conditions of alternative rental cars.
4. If you do not receive the alternative rental car, the company shall refund the rental fee received in full. The
same applies when we cannot provide an alternative rental car.
5. If the breakdown occurs due to reasons that cannot be attributed to you or the company, the company willhandle the period from the rental fee received to the end of the rental contract. The balance after deducting therental fee will be returned to you.
6. Except for the measures specified in this article, you shall not be able to make any claim to the company fordamages caused by the inability to use the rental car other than those specified in this article.
Chapter 7 Compensation
Article 29 Compensation and business compensation
1. If you cause damage to a third party or the company while using the rental car, you shall compensate for thedamage. However, this does not apply to reasons attributable to us.
2. Among the damages of the company mentioned in the preceding paragraph, you shall pay the compensation
for the damages to us when the company cannot use the car because of contamination or odor of the rental car
after you used it.

Article 30 Insurance and compensation
1. If you are liable under Article 28, paragraph 1, the insurance or compensation within the following limit shallbe paid by according to the non-life insurance contact signed by the company or the compensation systemestablished by the company. Money will be paid.
①

Unlimited for body injury②

Unlimited for property damage (deductible 200,000 yen)③

Market price for vehicle compensation (deductible 200,000 yen)④

Personal injury compensation: 50 million yen per person in case of death or residual disorder

2. The insurance money will not be paid if the case is covered by the disclaimer of an insurance agreement orcompensation system.
3. Losses for which insurance benefits or compensation will not be paid and damages exceeding the insurance
amount or compensation will be paid by you. However, disaster damages designated by devastating disasterpursuant to the Law in 1962 are exceptions. When you are driving at the time and at the place during thedevastating disaster and suffer the damage, you are not liable for the damage except that you cause damage
intentionally. You do not need to compensate for the damage.
4. When the company pays compensation instead of you, you need to reimburse us the same amount of money
immediately.
5. The insurance charge is included in the rental fee.
Chapter 8 Cancellation of rental agreement
Article 31 Cancellation of rental agreement
1. The company does not require any notice when you violate this agreement during use or when any of the itemsof Article 9, paragraph1 is applicable. You shall return the car and the rental goods to the company and you pay
the balance immediately if there are any. In this case, the company shall not return the received rental fee toyou.
Article 32 Termination of agreement
1. You can terminate the rental contract with the consent of the company even during use. In this case, thecompany shall not return any money to you.
Chapter 9 Personal information
Article 33 Purpose of use of personal information
1. We use your personal information for the purposes below.
①

To fulfil duties required by law and for making a rental document when we make a contract.

② To identify you and verify you to make the contract③ To promote our service for you by e-mail④ In order to ask your cooperation with our service questionnaire⑤ To complete statistical data (in which individuals are anonymous)
2. If we ask for any information other than the purposes above, we will explain the purpose to you in advance.
Article 34 Agreement for using personal information
1. If you fall under any of the following items, personal information including the name, date of birth, driverʼslicense number, etc. will be sent to the car rental associations and the information will be use for examination.
①

The company is ordered to pay any illegal parking fines for the car you rent

② If you do not pay the full amount of the illegal parking charge③ If you do not return the rental car
Chapter 10 Miscellaneous rules
Article 35 rental car from another company
1. In case we cannot provide the rental car that you want, if you agree, we find the car from other companies andyou can rent it. This is possible under the conditions below.
① The rental certificate is written according to the specified style.
② The rental certificate comes with the rental agreement of the rental car company that you rent a car
2. We serve you as a mediator. You follow the rental agreement of the rental car company which owns the car youuse.
3. You will either have a rental certificate made by another rental company or have a substitute rental certificate
made by our company.
4. In case of breakdown, accident, theft etc. we provide the same service to you as our customers. You call us andfollow our instructions on how to deal with the problem. We help you handle the situation and cooperate withyou.
Article 36 Offset
1. In the event of a debt between you and us, the debt can be offset at any time.
Article 37 Consumption tax
1. You shall pay the consumption tax (including local consumption tax) levied on transactions based on thisagreement to the company.
Article 38 Delayed damages
1. If you and the company fail to fulfill their financial obligations under this agreement, they shall pay the otherparty late damages at an annual rate of 14.6%.
Article 39 Bylaws
1. The company may separately stipulate the detailed provisions of this agreements, and the detailed provisions
shall have the same effect as this agreement.
2. When the company has separately established detailed rules, it shall be posted at the companyʼs business storesand shall be stated in the pamphlets, price lists, etc. issued by the company. The same applies if this is changed.
Article 40 Agreement jurisdiction court
1. If a dispute arises regarding the rights and obligations based on this agreement, the summary court that has
jurisdiction over the location of our head office, branch office or business office shall be the court of jurisdiction
regardless of the amount of the complaint.

This agreement is valid from 23rd March, 2020: TOMO CAMPERS, Hokkaido International Service Co. Inc.

An attached paper
About the limit of driving distance covered
The limit of distance covered is 250 km/day.
If you exceed the limit, you shall pay 7,700 yen/100km for the additional charge.