Car Rental Agreement (translation)



The following terms and conditions, together with the Car Rental Confirmation Email, constitute the car rental service contract by and between you and HERS Inc. (the “Company”)), operating the Audi on demand business with respect to the use of the vehicle identified in the applicable Car Rental Confirmation Email. By your use of the Vehicle, you agree to be subject to the terms and conditions contained in this Agreement for the Car Rental Period, regardless of any prior or subsequent agreements executed by you.

 

1. Definitions.  

(1) “Agreement” refers to the agreement set forth in the preamble.

(2) Audi on demand “Mobile Website” means www.jp.audiondemand.com, the website on which the Member can, among other things, make a reservation for a Vehicle. 

(3) “Car Rental Confirmation Email” means the email(s) sent to the Member by the Company upon the Member’s confirmation of a Reservation.

(4) “Car Rental Period” means the period of time between the time the Company makes a Vehicle available to the Member and the time when the Member is obligated to return the Vehicle to the Company.

(5) “Car Rental Rate” means the total fees charged by the Company for use of the Vehicle and any Optional Accessories, or the total Car Rental Rate for 24 hours, as identified in the Car Rental Confirmation Email.  

Costs included in the car rental rate: 

The listed booking price of the car includes the: 

  • Rental cost for the Vehicle;
  • Motor Vehicle Insurance fees covering the rental period of the Vehicle (for more details of the coverage of the Motor Vehicle Insurance, please see Section 4 (6);
  • Cost for 24-hour roadside assistance concerning the Vehicle; 
  • Cost for one (1) full tank of fuel for the Vehicle;
  • Costs for designation of the pick-up/drop-off location of the Vehicle within the districts as designated by the Company.
  • Fees for any accessories (child safety seat, carrier, roof box) equipped with the Vehicle; and
  • Cost for winter tires for the Vehicle (winter season only).

However, the listed booking price of the car shall not be able to be changed even if any portion or all of the above service is not used. In addition, we may not be able to designate the pick-up/drop-off location of the Vehicles or may not rent the optional accessories.

(6) "Non-Operation Charge (NOC) means, out of the damage borne by the Member (stated at the end of this Car Rental Agreement) due to accidents, theft, breakdown and contamination, etc., the amount to be borne by the Member as an operating compensation for a period during which the Vehicle cannot be lent for a fee, excluding actual expenses, 

(7) "Compensation Package" is a voluntary subscription system that allows Members to voluntarily make their own choices at the time of conclusion of this agreement and place expenses for the following three items on the Company by paying the compensation package fee stated at the end of this Car Rental Agreement.

① Exemption Amount ② Non-Operation Charge ③ Repair and replacement cost at tire damage (*)

(*) Includes repair fee for damaged tire, new tire fee and wage when tire change is necessary, and wheel cost when wheel is damaged.

We may not offer the compensation package option for such customers and additional driver(s);
i) who have held a valid driver's license (except the license that is not for driving ordinary motor vehicles used for the transport of passengers. ) for NOT longer than 5 years.
ii) whom we judge to be unqualified due to past traffic accident record(s).

(8) “Drop-Off Location” means the location where the Member is to return the Vehicle, which is identified as such in the Car Rental Confirmation Email sent to the Member. 

(9) “Termination Right” means the termination right set forth in Section 2.(5.

(10) “Information” means the information set forth in Section 8.(1).

(11) “Damage” means the damage set forth in Section 4.(4).

(12) “Membership Agreement” means the contract binding as provided in the Membership Agreement separately entered into by the Member and the Company for the purposes of the Member renting cars from the Company, including the Vehicle. All terms which are contained within this Agreement but not specifically defined herein shall use the definition set forth in the Membership Agreement.

(13) “Motor Vehicle Insurance” means the motor vehicle insurance policy covering the rental period of the Vehicle as set forth in Section 4.(6).

(14) "Exemption Amount" means, out of the amount of compensation based on the automobile insurance prescribed in Section 4 (6), .the amount which shall be  borne by the Member (object compensation of 50,000 yen, vehicle compensation of 50,000 yen)

(15) “Optional Accessories” means any and all items listed in the car rental contract which will be separately executed by and between the Member and the Company upon delivery of the Vehicles and such items accepted by the Member.

(16) “Payment Card” means the credit card identified in the Member’s membership Profile. Debit cards and prepaid cards may not be used as means of settlement.

(17) “Permanent Equipment” means all equipment that is rented to the Member renting the Vehicle with the exception of any Optional Equipment as identified in the Vehicle’s Reference Information.

(18) “Pick-Up Location” means the location where the Member picks up the Vehicle identified as such in the Car Rental Confirmation Email. 

(19) “Prohibited Uses” means the uses set forth in Section 2.(2).

(20) “Reference Information” means any and all documents provided by the Company to the Member, whether by electronic means, in writing, by direct delivery, by posting on the website, by leaving the information within the Vehicle at the beginning of the Car Rental Period, or by any other delivery mechanism, which identifies the Vehicle’s Permanent Equipment, proper usage guidelines, and other general information for the safe and proper handling of the Vehicle, including, but not limited to, the Start Guide, Frequently Asked Questions documents, and the Vehicle’s Owner’s Manual.   

(21) “Reservation” means any reservation of a Vehicle.

(22) “Taxes, Fees and Burden amount” means the amounts levied on the Member as identified in the Car Rental Confirmation Email.

(23) “Telematics” means the surveillance set forth in Section 7.(3).

(24) “Total Charges” means the sum of the Total Car Rental Rate plus the total Taxes, Fees and Burden amount.  

(25) “Total Car Rental Rate” means the Car Rental Rate as indicated in the Car Rental Confirmation Email multiplied by the number of hours in the Car Rental Period, or the Car Rental Rate for 24 hours, whichever is less. 

(26) “Vehicle” means the vehicle the Member drives pursuant to this Agreement. 

(27) “Member” means the applicant who the Company accepted into the Audi on demand membership program. 

 

2. Member’s Right To Use the Vehicle.  

(1) Permitted Use. The Company grants the Member a right to use the Vehicle and Optional Accessories during the Car Rental Period, pursuant to the terms and conditions of the Membership Agreement and this Agreement.  

(2) Limitations on Use. The Member who uses the Vehicle must comply with each of the following matters:

①The Vehicle shall not be driven by any person other than the Member unless otherwise the Member informs us in writing (E-mails accepted) in advance and presents to us such person’s valid driver’s license upon delivery of the Vehicle(Hereinafter such person is referred to as "the Driver".).  Further, the Member shall not transfer or assign his/her status under this Agreement, grant any rights under this Agreement, or lease or sublease the Vehicle and Optional Accessories, to any third party.

②The Vehicle shall not be used for transporting passengers for hire, or for driver training, or for transporting persons or properties without compensation.

③The Member and the Driver shall not change the setting of the drive recorder / detach it during the borrowing period, turn off the power supply, take out the recording medium, and prevent normal operation of the drive recorder without obtaining the Company’s approval.

④The Vehicle shall not be used for any illegal purpose or in an unsafe manner, including, without limitation: participating in a speed contest; using the Vehicle, in any manner, on a race track; having a number of passengers in excess of the available number of seatbelts board the Vehicle, allowing passengers to board the Vehicle outside the passenger seats, having loads in excess of the Vehicle’s gross vehicle weight rating, or loads including hazardous materials or pollutants; allowing one or more children to board the Vehicle without properly using child restraint systems (boarding support devices for infants) required under the relevant laws and regulations; operating the Vehicle while having any narcotics, alcohol or intoxicants inside his/her body, or operating the Vehicle while impaired by the use of  drugs, whether with or without a prescription; or towing or pushing anything.

⑤Alteration or modification of the Vehicle and Optional Accessories from the Vehicle, including, but not limited to, removal of any Accessories from the Vehicle is prohibited.

⑥The Vehicle shall not be operated off-road or on unpaved roads.

⑦The Vehicle shall not be operated by any Member who provided false or misleading information to the Company.

⑧The Vehicle shall not be operated by any person who does not have a valid driver’s license which has been confirmed and verified as valid by the Company or its affiliates.  

⑨The Vehicle shall not be operated outside Japan.

⑩Inside the Vehicle, either smoking, or animals to be taken out of the animal carrier, shall be prohibited.

⑪The Vehicle shall not be operated with tire chain worn. The Vehicles shall not be operated on designated sections of roads and highways where drivers are required to use tire chains on vehicles.

(Collectively, the above items ①through⑪ shall be referred to as “Prohibited Uses”.) 

(3) Substitute Vehicle.  If, after the Company has sent the Car Rental Confirmation Email to the Member, it becomes unexpectedly impossible to rent the Vehicle to the Member, the Company is permitted to provide a vehicle which is the same as or similar to the Vehicle reserved, as a substitute Vehicle. 

(4) Car Rental Period and Car Rental Rate. One car rental period per booking and the calculation standards of car rental rates are as follows:

①The Car Rental Period shall be from four (4) hours to thirty (30) days. 

②Even if the duration for which the Member actually used the Vehicle is less than four (4) hours, the Member shall be charged the rental fee and compensation package fee calculated at the Car Rental Rate of a four (4) -hour-period.

③If the Car Rental Period falls between four (4) hours (inclusive) and ten (10) hours, the Car Rental Rate shall be calculated at the hourly rate.    

④If the Car Rental Period is more than ten (10) hours, the Car Rental Rate shall be calculated at the daily rate.

(5) Company’s Right to Terminate.  

Termination Right. In the event that either of the following applies, the Company shall have the right to terminate this Agreement (each, a “Termination Right”) immediately, without having to give any notification whatsoever to the Member:

A)Any Prohibited Use occurs, regardless of fault on the part of the Member; or  

B)The Member violates or breaches any term of this Agreement or the Membership Agreement.

Company’s Remedies.  The Company’s exercise of its Termination Right shall not limit the Company’s rights under the laws and regulations or this Agreement. Upon the Company’s exercise of its Termination Right, the Company may collect the Vehicle without legal process or notice to the Member. Unless there has been willful misconduct or gross negligence on the part of the Company, the Member waives all claims for damages incurred due to such collection, including loss or damage to the Member’s property loaded to the Vehicle, and shall pay all expenses incurred by the Company in returning the Vehicle to the Drop-Off Location.

Unpermitted Holdover. If the Member continues to operate the Vehicle after the Car Rental Period is terminated, the Company has the right to notify the police that the Vehicle has been stolen. The Member hereby agrees to indemnify the Company for any and all damage incurred by the Company arising from such notice 

 

3. Vehicle Ownership. The Member acknowledges that the Vehicle and any Optional Accessories are, based on ownership, beneficial interest or right of lease, etc., property of the Company, even if owned or registered by or titled to a third party, and that the Member has no right in such property other than the right to use the Vehicle and Optional Accessories based on this Agreement.  

 

4. Member’s Obligations.

(1) Vehicle Condition.  

①The Member agrees that he/she receives the Vehicle and the Optional Accessories in good physical and mechanical condition and fit for operation. The Member agrees to inspect such condition before driving the Vehicle, and to notify the Company immediately before driving the Vehicle if the Vehicle and any Optional Accessories are not in such condition.   

②MEMBER AGREES THAT MEMBER IS USING THE VEHICLE AND THE OPTIONAL ACCESSORIES “AS IS” AND HAS HAD AN ADEQUATE OPPORTUNITY TO INSPECT THE VEHICLE AND THE OPTIONAL ACCESSORIES BEFORE TAKING POSSESSION OF THE VEHICLE.  THE COMPANY EXCLUDES, TO THE EXTENT LEGALLY PERMITTED, ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLE AND THE OPTIONAL ACCESSORIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  

③The Member agrees to return the Vehicle at the Drop-Off Location, on or before the return time stated in the Car Rental Confirmation Email or the time designated by the Company, if requested by the Company, in the same condition as received, including all Optional Accessories.

④The Member agrees to immediately notify the Company and stop driving the Vehicle, putting the Vehicle in a safe location, if the Vehicle ceases to operate properly, and to immediately notify the Company if any Optional Accessories cease to operate properly.

⑤The Member shall not repair or have any third party repair the Vehicle or Optional Accessories without permission from the Company.  

⑥The Member agrees to maintain the Vehicle in a manner consistent with the guidelines contained in the Reference Information, including, but not limited to, using the proper type of fuel, etc.

⑦The Member shall use and keep the Vehicle with the due care of a prudent manager from his/her acceptance of the delivery of the Vehicle until his/her return thereof to the Company.

⑧During the Car Rental Period, the Member shall carry out the daily checkup and maintenance thereof set forth in Article 47-2 of the Road Trucking Vehicle Act with regard to the Vehicle, every day before the use thereof.

⑨Upon the pick-up/drop-off of the Vehicle by the Member, the Company may designate the location for the pick-up/drop-off, taking into consideration the presence/absence of restrictions on stopping or parking under the Road Traffic Law or other laws and regulations, at the location for pick-up/drop-off, the traffic situation such as the volume of vehicle traffic, etc., and various other factors concerning the location for pick-up/drop-off, and the Company may also change such location for pick-up/drop-off as necessary. The Member agrees that the pick-up/drop-off of the Vehicle will not necessarily be carried out at the location designated for pick-up/drop-off by the Member.

⑩The Member agrees that, depending on the reservation status, etc., the Member may not receive a pick-up/return service at a designated location for the Vehicle using a concierge or the rental service for Optional Accessories.

⑪The Member agrees that, in the event that the Member uses a pick-up/return service at a designated location for the Vehicle using a concierge, if a certain period of time designated by the Company passes after the scheduled pick-up or return time, the concierge will not wait at the Pick-Up Location or Drop-Off Location. In such event, the Member also agrees that, in the case of a pick-up, the Reservation will be automatically canceled and, in the case of a return, the Member him/herself must return the Vehicle to the Company’s place of business and the Member him/herself must bear the usage fee for the extended time exceeding the rental period originally reserved which it takes until the return procedure is completed.

⑫The Member agrees that, in the event that the Member has used a pick-up/return service for the Vehicle using a concierge, the concierge may be delayed by the scheduled receipt time or may be delayed by the scheduled return time due to unavoidable reasons.

(2) Change, Cancellation, etc., of Reservation.

①The Member shall obtain the Company’s approval when intending to change a Reservation.

②The Member and the Company shall execute this Agreement by the Car Rental Period start time.

③The Member and the Company may cancel a Reservation by the method designated by the Company. If this Agreement is not executed even after thirty (30) minutes or longer have passed from the Car Rental Period start time, the Reservation shall be deemed to be canceled, regardless of the circumstances.

④If a Reservation is canceled due to the Member’s convenience, the Member shall pay to the Company the reservation cancellation charges as designated by the Company.

⑤If this Agreement is not executed for any reason stated in the preceding two (2) paragraphs, the applicable Reservation shall be deemed to be canceled.

⑥The Member agrees that a cancellation fee up to the amount equivalent to the rental cost for 24 hours may be charged for any cancellation of the Reservation within 24 hours prior to the start time of the Car Rental Period.

⑦The Member and the Company shall not make any claim against each other for a Reservation being canceled or this Agreement not being executed, except for the case set forth in Paragraph ④ and ⑥.

(3) Payment.

①The Member agrees to pay each of the following amounts to the Company:

A)The Total Charges for the entire Car Rental Period (rental cost, Motor Vehicle Insurance fees, costs for 24-hour roadside assistance, cost of one (1) full tank of fuel, costs for the delivery/collection within the specific districts, fees for optional accessories, cost for winter tires); and

B)The Car Rental Rate times the number of hours during which the Member uses the Vehicle in excess of the Car Rental Period, in full one hour increments.

C)Exemption Amount when Motor Vehicle Insurance is applied (the Company shall be responsible in case the Member subscribed for Compensation Package)

D)Out of the losses due to physical damage to or theft of the Vehicle, the amount not covered by the Motor Vehicle Insurance.

E)Out of the compensation for damage to any third party due to a car accident, etc., caused by the Member, the portion not covered by the Motor Vehicle Insurance as set forth in Section 4 (6).

F)Damage which shall be borne by the Member as in the chart attached to the Car Rental Agreement; provided, however, that the Company shall bear Non Operation Charge and expense for repair and replacement cost at tire damage in a case where the Member subscribed for Compensation Package

G)Compensation Package fee in case the Member voluntarily subscribes for it. 

H)Lost profit for any and all time a vehicle is taken out of service and diminution in value of a vehicle in the event of the damage referred to in C) above or damage which shall be borne by the Member as in a list attached to the Car Rental Agreement  where such cleaning was conducted.

I)Parking fees, tolls, any and all fees required for towing or storage, as well as all fines, penalty fees and attorneys’ fees arising due to violations of laws or regulations, incidental to the operation of the Vehicle by the Member

J)All expenses incurred by the Company in the collection of amounts due to the Company under this Agreement or in the process of collecting the Vehicle including, without limitation, the Company’s administrative fees and reasonable attorneys’ fees, etc.

K)Costs to replace Optional Accessories or Permanent Equipment not returned in good working condition by the Member at the end of the Car Rental Period due to his/her willful misconduct or negligence.

②The Member authorizes the Company to verify and/or obtain through credit card companies or other sources the Member’s credit card and/or insurance information.

③The Member agrees that the Company processes the Payment Card with respect to the amount equivalent to the rental cost and compensation package fee for the Car Rental Period as the deposit from two (2) days before the Car Rental Period start date. Such process is not for the purpose of charging the rental cost and compensation package fee to the Member immediately.

④The Member agrees that the Car Rental Rate shall not be changed even if any portion or all of each service provided in this Paragraph, ①A) is not used and the Member may not designate the place of pick up/return of the Vehicle for a compelling reason related to the status of reservation or may not be able to rent Optional Accessories.

(4) Indemnification. The Member shall hold the Company harmless from and against any and all losses (“Losses”) incurred by the Company arising out of any transaction or occurrence related in any manner to this Agreement or from the use of the Vehicle or Optional Accessories, and if the Company incurs any damage, the Member shall indemnify the Company for such damage. 

(5) Compliance With Laws. The Member agrees to comply with all applicable laws. 

(6) Insurance Coverage. A Member who has been approved or authorized by the Company will become an insured under the Motor Vehicle Insurance policy covering the Car Rental Period with regard to the Vehicle. A copy of such insurance policy is available to such Member for inspection.

①The amounts of indemnity under the insurance policy are as follows: 

Bodily injury/death liability: unlimited per person (including automobile liability insurance);

Property damage liability: unlimited per occurrence (deductible: JPY 50,000);

Rented vehicle (wide cover type): up to market value per occurrence (deductible: JPY 50,000); and

Personal injury: up to JPY 30 million per person.

②If the Member causes an accident during the use of the Vehicle as permitted by this Agreement (including any accidents not attributable to the Member), and subject to the limitations set out in this section, the Member will be covered by the Motor Vehicle Insurance from and against liability to provide compensation for any damage to the Vehicle, any personal injury (including death) and any damage to third parties (such third parties do not include any relatives or family members residing with the Member).

③Notwithstanding the provision of the preceding paragraph, if the amount of damage to the Vehicle and/or personal injury and/or the amount of compensation for damage to third parties caused by the accident exceeds the coverage limits of the Motor Vehicle Insurance, or in cases where the Motor Vehicle Insurance is not applicable, the Member will be responsible for paying such portion to the Company. The Member will also be responsible for paying to the Company the deductible in the amount of JPY 50,000 with respect to each of the rented vehicle coverage and the property damage liability coverage of the Motor Vehicle Insurance; provided, however, that the Company shall be responsible for paying the deductible in a case where the Member subscribed for Compensation Package.

④In the case of an accident or incident with the Vehicle during the Member’s use thereof, the Member undertakes to do the following:

  • endeavor to obtain the names and addresses of all parties involved and/or witnesses;
  • not admit liability or guilt without a prior written consent of the Company;
  • not abandon the Vehicle without adequate provisions for safeguarding and securing the same;
  • notify the police immediately;
  • notify the Company in writing within twenty-four (24) hours of the occurrence of the accident (even if the damage is slight) to the contact address noted on Audi on demand Mobile Website under Contact Us. Phone numbers on Audi on demand Mobile Website are provided for the Member’s convenience only, and phone calls shall not constitute notice to us; 
  • cooperate fully with the Company’s investigation of the accident or incident; and
  • deliver to the Company every document relating to any claims, suits or proceedings arising from such accident. In the event of a claim, suit or legal proceeding, the Member shall fully cooperate with the Company.

⑤The coverage of the Motor Vehicle Insurance does not include any theft or loss of personal belongings owned by the Member or any personal accident with respect to passengers. Further, the Company is also not responsible for any theft of personal belongings owned by the Member or any personal accident with respect to passengers. The Company is not responsible to the Member or anyone else for any damage to the Member’s personal property, unless such damage is caused by the Company’s willful misconduct or gross negligence. The Member agrees to indemnify and hold the Company harmless from any claim against the Company for damage to the Member’s or a third party’s personal property that is connected with any Reservation or use of a Vehicle under this Agreement.

⑥If the Member uses the Vehicle in a manner prohibited by this Agreement or the Membership Agreement, including, but not limited to, the use of a Vehicle by anyone other than the Member, or fails to report damage as required by this Agreement, the Motor Vehicle Insurance will not be applicable. In this case, the Member will be liable for any and all damage to the Vehicle, damage to a third party and damage to the Member him/herself.

⑦In the event of any change in the Member’s driver’s license or the Member’s violation of the Road Traffic Act incurring demerit points, it is possible that the Member will no longer be eligible for membership, will be in violation of this Agreement and the Membership Agreement, and that the Member’s use of a Vehicle will no longer be protected by the Motor Vehicle Insurance. Therefore, the Member must immediately notify the Company in the event of any change in the Member’s driver’s license or the Member’s violation of the Road Traffic Act incurring demerit points.

⑧The terms and conditions of the Company’s insurance described in Section 4.(6) are subject to change without notice including, without limitation, coverage limits and the amount of any applicable deductible. Such changes shall be published on Audi on demand Mobile Website and the Member agrees that such changes shall be deemed to amend this Agreement as of the time such changes in the Company’s insurance come into effect. The Member may request the Company to provide the Member with a summary of the terms and conditions of such insurance then in effect.  

⑨Member’s responsibility for loss of or damage to the Vehicle.

A)If the Member fails to comply with this Agreement, he/she will be responsible for all damage or loss related to the Vehicle and the use thereof.

B)The Member is responsible for damage to or loss of the Vehicle caused by his/her willful misconduct or negligence while the Vehicle is in the Member’s possession.

C)Upon demand from the Company, the Member shall be liable to pay to the Company for the costs of repairs for damage to or loss of the Vehicle caused under B) above. 

D)The Member is responsible for the full value of the Vehicle if it is established that he/she committed, or aided or abetted in the commission of, the theft of the Vehicle.  

(7) Issuance, Carrying, etc., of Rental Certificate.

①At the time of delivery of the Vehicle to the Member, the Company will issue a designated rental certificate to the Member.

②The Member must carry the rental certificate issued pursuant to the preceding paragraph while using the Vehicle.

③If the Member loses the rental certificate, the Member must immediately notify the Company to that effect.

④The Member shall return the rental certificate to the Company at the time of returning the Vehicle.

(8) Illegal Parking.

①If the Member commits any act of illegal parking as set forth in the Road Traffic Act in relation to the Vehicle, the Member shall, immediately after such illegal parking, appear at the police station with jurisdiction over the location where the Member committed the illegal parking (the “Competent Police Station”) and pay the penalty, etc., for such illegal parking, as well as any expenses for towing, storage, collection, etc., associated with such illegal parking, at its own responsibility and expense (“Handling of the Violation”). 

②If the Company receives any notice from the police regarding the Member’s illegal parking of the Vehicle, the Company shall contact the Member and instruct the Member to move the Vehicle in a prompt manner and to appear at the Competent Police Station and perform the Handling of the Violation by the expiration of the Car Rental Period for the Vehicle or the time instructed by the Company, and the Member shall comply with the same. If the Vehicle is towed by the police, the Company itself may, at its discretion, collect the Vehicle from the police.

③After giving the instructions specified in the preceding paragraph to the Member, the Company shall, at its discretion, confirm the status of the Handling of the Violation by checking the traffic violation notice and the payment notice, receipt, etc., and if the Handling of the Violation is not completed, the Company shall again provide the Member with the instructions specified in the preceding paragraph until the Handling of the Violation is completed. If the Member does not comply with the instructions specified in the preceding paragraph, the Company may, without being required to provide any notice or demand, terminate this Agreement and immediately demand the Member to return the Vehicle, and the Member shall sign a document designated by the Company which states that the Member acknowledges that he/she has committed illegal parking and shall appear at a police station, etc., and comply with the relevant legal measures as a violator, etc. ("Acknowledgement Letter"). 

④If the Company considers it necessary, the Member shall agree to provide necessary cooperation such as submitting to the police materials containing personal information such as the Acknowledgement Letter and a rental certificate, and to submit to the public safety commission materials such as an explanatory statement stipulated in Article 51-4(6) of the Road Traffic Act, the Acknowledgement Letter and a rental certificate.

⑤In the event that the Member fails to conduct the Handling of the Violation by the time of returning the Vehicle, or the Company bears any expenses required for searching for the Member or the Vehicle (“Searching Expenses”), or the Company bears any expenses required for the towing, storage, collection, etc., of the Vehicle (“Vehicle Management Expenses”), the Member shall pay the following expenses to the Company not later than the due date designated by the Company:

  • Amount equivalent to an abandonment penalty; and
  • Searching Expenses and Vehicle Management Expenses

⑥After the Member pays the amount of an illegal parking fine to the Company pursuant to the preceding paragraph, if the Member makes payment of the penalty for such illegal parking or becomes subject to prosecution or is brought before the family court for trial, and the Company is thereby refunded the abandonment penalty, the Company shall return the amount of the illegal parking fine to the Member.

 

5. Liability.

(1) Company’s Liability. 

①The Company is not responsible for any loss of, or damage to, the Member’s personal property in the Vehicle, loss or damage incurred by the Member as a result of any claims made by a third party, or damage incurred by the Member in connection with: (i) the reservation of a Vehicle, the inability to create a reservation for a Vehicle for any reason, or the non-availability of a particular type of vehicles or vehicles supplied by the Company; or (ii) the use by the Member or a third party of any Vehicle’s optional accessories, regardless of whether or not supplied by the Company, (for example, for child restraint apparatus, luggage racks, or bicycle racks; the Member is responsible for the safe installation of such optional accessories and must check the condition of such optional accessories before each use), unless such damage or loss is caused by the Company’s willful misconduct or gross negligence. The Member acknowledges and agrees that no bailment is or shall be created upon the Company for any personal property left in the Vehicle.

②The Company is not responsible for any damage or loss caused to any Member or third party for any indirect, incidental, special or consequential damages, including loss of profit, revenue, goodwill or business opportunity arising out of or in connection with delay in delivery or collection of the Vehicle, unless such damage or loss is caused by the Company’s willful misconduct or gross negligence.

(2) Limitation of Remedy. If the Company breaches any of its obligations under this Agreement and/or if the Vehicle has any mechanical failure or other failure not based on any reason attributable to the Member, then the Company’s liability to the Member shall, unless there is any willful misconduct or gross negligence on the part of the Company, be limited to the repair of the Vehicle, lease of a substitute Vehicle by the Company or refund of the hourly Car Rental Rate for the period in which the Member did not use the Vehicle or the substitute Vehicle.

 

6. Mechanical Breakdown.

(1) Mechanical breakdown. Twenty-four (24) hour roadside assistance is free for all inherent mechanical faults (as determined by the Company or an authorized repairer) of the Vehicle.  If the Vehicle requires repair or replacement, the decision on whether or not to supply a substitute Vehicle to the Member is at the Company’s discretion.  

(2)For roadside assistance, please call the number indicated in the rental certificate.

 

7. Privacy and Telematics.  

(1) Personally Identifiable Information. The Company may collect and use personally identifiable data about the Member in accordance with the Company’s privacy policy. The privacy policy is available on the Company’s website. The Member accepts the terms of the privacy policy and any revisions thereto. 

(2) Distribution. The Member agrees that the Company may, under the laws and regulations, provide information in the Company’s possession about the Member, including, but not limited to, the Member’s name, address, driver’s license and/or Payment Card information, to applicable governmental authorities or other third parties, in connection with the Company’s enforcement of its rights under this Agreement. 

(3)Telematics. The Vehicle may be equipped with electronic surveillance (“Telematics”) technology. The Company obtains data from Telematics equipment only to the extent permitted by the laws and regulations.

(4)Dashboard Camera(Drive Recorder)

① The Member and the Driver acknowledge and  agree that the Rental Vehicle may be equipped with a dashboard camera to record the driving conditions of the Member and the Driver will be recorded, and that the Company may use such recorded information for the following purposes.

    - To confirm the circumstances of an accident when an accident occurs.

    - To confirm the driving conditions of the Member and the Driver when it is deemed necessary for the management of the Rental Vehicle or the performance of this Agreement, etc.

    - To use for the improvement of the quality of products, services, etc. provided to the Member and the Driver and marketing analyses for the improvement of customer satisfaction, etc.

②The Member and the Driver acknowledge and agree that, if the Company is required to make disclosure under laws and regulations or receives disclosure requests or orders from courts, administrative bodies or other public agencies with respect to the information recorded by the dashboard camera referred to in Article (4)-①, the Company may disclose such information within the extent necessary.

8. Electronic Transactions.

(1) Member’s Consent. The Member consents to the Company’s use of electronic records in order to execute this Agreement with the Member and to provide or make available to the Member information via the Company’s website, information visibly referenced by a link contained in the Company’s website, or information via email (collectively, “Information”). Information may include any information related to the Member’s online enrollment or membership in the Audi on demand membership program, the Member’s use of the Vehicle, legal notices, and disclosures.  

(2) Email address. The Member agrees to provide a valid email address for the purposes of receiving legal and other notices. The Member may change such email address through our Audi on demand Mobile Website.

 

9. Exclusive Jurisdiction.  

Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance.

 

10. Notice. 

The Member must notify us the address applicable to the Member’s reservation in writing. Such addresses are noted on the Company’s website under Contact Us. Phone numbers on the Company’s website are provided for the Member’s convenience only, and phone calls shall not constitute notice to us. We may notify the Member at the address in the Member’s profile established pursuant to the Membership Agreement.

 

11. Miscellaneous.

(1)The Member acknowledges and agrees that the Member and the Company are the only parties to this Agreement.

(2)The headings of the paragraphs of this Agreement are for convenience only, are not part of this Agreement, and do not in any way limit, modify or amplify the terms and conditions of this Agreement.

(3)All terms and conditions of this Agreement shall be interpreted, construed, and enforced pursuant to the laws of Japan. 

(4)This Agreement is prepared in the Japanese language. If any translation is prepared in a language other than Japanese, only Japanese version is effective and no translations prepared in a language other than Japanese takes any effect.

(5)The Member understands that by checking the box next to “I have read the following documents and agree to them. I have confirmed that I have a valid driver’s license”, the Member is executing and is subject to this Agreement.

 

<Price list>

Vehicle / Price per hour (JPY) / Price per day (JPY)

Q2 1.0 TFSI sport / 2,100 / 21,000

Q5 40 TDI quattro sport / 3,300 / 33,000

TT RS Coupé 2.5 TFSI quattro / 4,300 / 43,000

A6 Sedan 55 TFSI quattro / 5,100 / 51,000

A8 L 60 TFSI quattro / 9,900 / 99,000

RS 3 Sedan / 3,900 / 39,000

RS 5 Coupe / 6,200 / 62,000

RS 7 Sportback performance / 7,900 / 79,000

R8 Spyder / 12,800 / 128,000

 

< Compensation Package Fee> (Disclaimer compensation system, Non Operation Charge system and compensation system of repair and replacement cost at tire damage)

Vehicle / Price per hour (JPY) / Price per day (JPY)

Q2 1.0 TFSI sport / 550 / 5,500

Q5 40 TDI quattro sport / 550 / 5,500

TT RS Coupé 2.5 TFSI quattro / 850 / 8,500

A6 Sedan 55 TFSI quattro / 850 / 8,500

A8 L 60 TFSI quattro / 1,400 / 14,000

RS 3 Sedan 2.5 TFSI quattro / 850 / 8,500

RS 5 Coupé 2.9 TFSI quattro / 1,200 / 12,000

RS 7 Sportback performance 4.0 TFSI quattro / 1,200 / 12,000

R8 Spyder V10  5.2 FSI quattro / 1,400 / 14,000

 

<Damage which shall be borne by the Member>   Actual cost and non operation charge: NOC  (NOC will be tax exempt)

In case of accident/Able to be driven/NOC(JPY 20,000)

In case of accident/Unable to be driven/NOC(JPY 50,000)

Lost article/When Company collect lost article/Actual cost + NOC(JPY 20,000)

Fouling/Interior damage due to cigarette,Removal of cigarette smell/Actual cost + NOC(JPY 20,000)

Fouling/Removal of pet’s hair and smell/Actual cost + NOC(JPY 20,000)

Fouling/Cleaning and odor removal;

i)in case of vomiting and/or similar incidents

ii)in case kerosene and/or similar substance is loaded

iii)in other cases that result in the damage and/or smell to interiors.

/Actual cost + NOC(JPY 20,000)

Fouling/Collection of garbage/Actual cost + NOC(JPY 20,000)

Lost/Key (vehicle) Actual cost + NOC(JPY 20,000)

Lost/others/Actual cost

Drop */In case of abandon/Actual cost(storage fee + transport cost)+NOC(JPY 20,000)+ Extended fee until the time Company returns the vehicle to the fixed position

Drop */Transportation cost when you cannot return the vehicle due to snowfall/Actual cost

Battery raising/When occurring during use/Actual cost

Mixed fuel/When the fuel type is mistaken and refueled/Actual cost + NOC(JPY 20,000)

Damaged in the vehicle/Switches etc./Actual cost + NOC(JPY 20,000)

Damage/Tire/Actual cost

* You cannot abandon it, but the amount indicated in the list will be charged when the car is abandoned.

 

 

Established: [19/03/2019]

Revised:[01/04/2019]

Audi on demand site toppage