1. Applicability
This Agreement applies to a person who uses the rental services (hereinafter referred to as "the User") of Mobile phones and accessories, etc., (hereinafter collectively referred to as "the Communication Equipment") provided by JAL ABC, Inc (hereinafter referred to as "the Company").
2. Establishment of this Agreement
- 1. This Agreement shall become effective when the User enters the required items according to the method prescribed by this Company and the Company declares intent of acceptance of the application.
- 2.Notwithstanding the above, applications may not be accepted or services contained in applications may not be provided due to lack of stock.
- 3. Applications may not be accepted in the event the User's payment of fees pursuant to this Agreement is unable to be confirmed or it is deemed the application will impede the operation of the Company's business.
3. Nunber of Loans, Location of Loan and return of Communication Equipment
- 1. The number of Communication Equipment to be loaned is limited to a total of three devices per individual. For corporations, a separate contract has been established.
- 2. Loan and return of the Communication Equipment shall take place at the designated location (including delivery services).
4. Rental period
- 1. The rental period shall be from the date the Communication Equipment is loaned to the User until the date such equipment is returned. In cases where the equipment is delivered to the user, such period shall be from the date of receipt by the User until the date of return shipping.
- 2. As a general rule, the applied rental period specified on the Application Agreement cannot be changed. In the event the date of return is either earlier or later than the specified date for reasons attributable to the User, the Company will not provide any refunds.
- 3. In the event the Company recognizes the advance notification of a change in the rental period (whether to shorten or lengthen), Article 4(2) shall not apply.
- 4. The rental period shall not more than 30 days from the date of loan.
5. Extension of rental period
- 1. In the event the User wishes to extend the rental period, the User shall inform of such request to the Company before the end of the applied contract rental period. Extension of the rental period can only be done once.
Furthermore, the extension time shall be limited to within the rental time limit as set in Section 4.
The usage cost incurred up to that time will be calculated (communication equipment and accessories, rental fees, calling charges, security compensation insurance, etc.) and must be settled prior to extension.
- 2. In the event the Communication Equipment is not returned by the User upon expiry of the rental period and notification has not been received, the Company may suspend the use of the Communication Equipment without notice. In addition, rental and call fees, etc., will be deducted from the credit card verified at the time of the application. Once the line has been turned off, the Communication Equipment cannot be used and the line cannot be restored.
- 3. In the event the Communication Equipment is not returned by the return date, the User will be charged a specified fee for the Communication Equipment, etc., in addition to a rental fee commencing from the day following the expiry of the rental until the date of return and any call fees incurred during the relevant period.
6. Cancellation of Application
In the event that the User cancels the application specified in Section 2, the User shall immediately notify the Company. Furthermore, in the event the application is cancelled 3 days (or the previous business day in the event of a Company holiday) prior to the date of issue (date of receipt) or later, at the specified place of receipt (including home delivery), the User will incur a cancellation fee (1,000 yen/unit) as specified by the Company.
7. Fees and Charges
The User will be charged the Company's specified rental fee and call fees for using this service.
* Regarding additional service fees, such as compensatory fees, etc., they will be determined separately.
- 1. Rental Fee
The following fees specified by the Company shall be applied.
- 2. Call fees
- 1. Call fees will be calculated from the time of pressing the call button on the Communication Equipment.
* Depending on the type of equipment, calls may be calculated from the time of establishing a connection.
- 2. Incoming calls will be calculated from the time of establishing a connection.
*excluding some areas
- 3. For phone numbers that do not incur a call fee, such as free dial calls, collect calls, and calling card calls, charges will be calculated in accordance with the amount of time the Communication Equipment is used.
- 4. Call times will be read by the timer installed in the Communication Equipment and each second will be multiplied by the call fee unit price*1. The Company will not accept any objection from the User regarding length of calls unless it has been determined that there is fault with the equipment or communications failure. In addition, call statements will not be issued. *1 The total number of seconds will be calculated by the minute (seconds will be rounded up).
8. Method of Payment
- 1. As a general rule, fees incurred by using this service shall be paid by the credit card specified on the Application Agreement in accordance with the regulations of the credit card company.
- 2. In the event the verified credit card designated on the Application Agreement is not accepted by the credit card company for reasons attributable to the User, payment shall be made by another valid credit card or cash.
- 3. In the event the Communication Equipment is returned to the service counter located within an airport designated by the Company, payment shall be made by the credit card verified on the Application Agreement following verification of the total call time.
- * In the event the Communication Equipment is returned by courier service, the total call time will be verified and calculated by the Company.
- * As a general rule, calculations will only be made once. However, this may not apply to fees such as late return fees, calling fees and compensation fees for the Communication Equipment, etc.
9. Fee modification
Fees such as rental fees, call fees and compensation fees are subject to change without notice. This is not applicable to fees specified in the Application Agreement agreed at the time of application.
10. Management, loss and irreversible damage to Communication Equipment
- 1. The User shall have a duty to appropriately manage and store the Communication Equipment in accordance with the method of use specified by the Company.
- 2. The User shall immediately contact the Company in the event the Communication Equipment is lost, irreversibly damaged or stolen. The User shall be liable for any call fees incurred from the date notification has been made to the Company until the completion of relevant procedures, whether or not calls were actually made by the User.
- 3. In the event of the above, the User shall be liable to pay the basic cost of the Communication Equipment (up to a maximum of 50,000 yen)*1 However, In the event the compensation system is applied, this clause shall not apply.
*1 Satellite phones are specified separately by the Company.
- 4. In the event of the above Article 10(2) applies to a satellite phone, the User shall be liable to pay the basic cost of the Communication Equipment (up to a maximum of 150,000 yen),
*1 However, in the event the compensation system is applied, this clause shall not apply.
11. Compensation system (optional)
- 1. The compensation system is a system that compensates the User for loss, irreversible damage*1 or theft of the Communication Equipment during the rental period.
Upon enrollment, the fee specified by the Company for international use, for use within Japan during the rental period shall be charged. In the case of damage, a special 7,000 yen*2 deductible shall be paid. If enrollment is waived, a fee for the cost of the Communication Equipment (up to a maximum of 50,000 yen)*1 in accordance with Section 10(3) of this User Agreement, shall be incurred.
- *1 Damage is determined as a condition where the Communication Equipment cannot be re-rented. This shall be determined by the Company.
- *2 Satellite phones are specified separately by the Company.
- 2. The compensation system for satellite phones is the same as in Article 11(1) except that an different enrolment fee specified by the Company during the rental period (number of days) shall be charged. In the case of damage, a special 50,000 yen deductible shall be paid. If enrolment is waived, a fee for the cost of the Communication Equipment (up to a maximum of 150,000 yen) in accordance with Section 10(4) of this User Agreement, shall be incurred.
- Exceptions
- Compensation will not be available in the event the Communication Equipment is:
- 1. subjected to fraud or misappropriated
- 2. damaged as a result of the Users intentional or gross negligence
- 3. damaged as a result of war, civil unrest or nuclear crisis
- 4. damaged by natural disasters such as earthquake or storm
12. Prohibitions
- 1. The User must not attach any objects, make alterations or change the functions of the Communication Equipment.
- 2. The User must not infringe the Company's rights regarding the Communication Equipment by engaging in acts such as assigning rights retained by the Company to any third party, using the Communication Equipment as a security, or subleasing the Communication Equipment.
13. Limitations of use
- 1. The Communication Equipment shall only be used in countries and regions that provide communication services in the format specified by the Company.
- 2. The use of the Communication Equipment is subject to the following conditions.
The Company shall not be liable for whatever reason in the event the User suffers damage by way of any of the following.
- 1. The interception of in-coming or out-going calls on the Communication Equipment.
- 2. Unavailability of service in locations outside transmission range within countries or regions where services are available or of services that are unavailable due to circumstances of the local telecommunication companies.
- 3. Possible malfunction of the Communication Equipment even if the User has acted with due care.
14. Termination
- 1. The Company may immediately terminate this Agreement without prior notice and suspend the telephone line of the Communication Equipment if:
- 1. The User is deemed to have entered false information on the application form.
- 2. The User commits a substantial breach of trust.
- 3. The User breaches any of this User Agreement.
- 4. The User is deemed to have used the Communication Equipment in an inappropriate manner for purposes contrary to public morals.
- 2. In the event this Agreement is terminated pursuant to the previous subsection, the User shall immediately return the Communication Equipment and bear expenses for any loss incurred by the termination.
15. Alterations
This User Agreement is subject to change without notice.
16. Indemnity
Regardless of the reason, the User unconditionally accepts that the Company will not be liable for any accidents or loss sustained by the User or third party due to the User being unable to use the Communication Equipment for its original purpose.
17. Confirmation of Personal Identity Storage of Records
At the time of rental of the Communication Equipment, personal Identification shall be carried out by public identification records as regulated by government regulations (Revision of Law for the Prevention of the abuse of Mobile Telephones 2008 Article 79) and a record shall be made and stored.
18. Jurisdiction
The User agrees that the Tokyo District Court shall have jurisdiction over any dispute that may arise between the parties in regard to this User Agreement.
Amended on March 1, 2009
JAL ABC, Inc.