1. This Agreement will come into effect when the User accepts this User Agreement and the content contained on the Company's website, and the User enters the required items on the application form or website and the Company indicates 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 Userfs payment of fees pursuant to this Agreement is unable to be confirmed or it is deemed the application will impede the operation of the Companyfs business.1. The rental period shall commence from the day the cellular phone is loaned to the User until the date the cellular phone is returned.
2. As a general rule, the rental period specified in the application form can not be changed. In the event the date of leaving the country is later than the date specified in the application form or the date of returning to the country is earlier than the specified date for reasons attributable to the User, the Company will not provide any refunds.
*Unless we receive prior notification of a reduction or extension of the rental period.
1. In the event the User extends the rental period, the User shall inform the Company before the end of the relevant rental period. However, the same usage fees shall apply during the period of any extension.
2. In the event the Communication Equipment is not returned after the expiry of the rental period and notification has not been received, the Company may suspend the use of the Communication Equipment without warning. In addition, rental and call fees will be deducted from the credit card that was verified at the time of the application. Once use is suspended, the phone will be rendered unable to be used and the line cannot be restored.
3. In the event Communication Equipment is not returned by the return date, the User will be charged a late 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.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 previous business day in the event of the Companyfs holiday) prior to the date of issue (date of recept) or later, the User will incur the Companyfs designated cancellation fee (1,000 yen/per unit).
* In the event a courier service is used, the cancellation fee will be incurred from 4 days prior to the date of receipt.The User will be charged the Companyfs specified rental fee and call fee for using this service.
* Other additional service fees will be determined separately.
1. Rental Fee
Rental fees shall be charged in accordance with the fee specified by the Company.
* Fees for renting cellular phones for domestic use (cellular phones for domestic calls only) within 2 days will be determined separately.
2. Call fees
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 credit card designated in 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 rental cellular phone is returned to the service counter located within an airport designated by the Company, payment shall be made by credit card following verification of the total call time.
* Unless the rental cellular phone is returned by courier service or to the designated service counter, the total call time will be calculated by verifying it with 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 Communication Equipment.
1. The User shall have a duty to appropriately manage and store Communication Equipment and accessories in accordance with the method of use specified by the Company.
2. The User shall immediately contact the Company in the event Communication Equipment or accessories are 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 a maximum amount of 50,000 yen for the Communication Equipment or accessories (maximum 50,000 yen)*1 unless the compensation system applies.
*1 However, satellite phones are specified separately by the Company.
The compensation system is a system that compensates the User for loss, irreversible damage*2 or theft of Communication Equipment or accessories during the rental period. A 7,000 yen*1 excess fee applies to participants of the compensation system. Non-participants of the compensation system shall be liable to pay for the cost of Communications Equipment or accessories (maximum 50,000 yen)*1 in accordance with Section 10(3) of this User Agreement.
*1 However, satellite phones are specified separately by the Company.
*2 Irreversible damage refers to a condition where Communication Equipment or accessories can not be re-rented. This will be determined by the Company.
Exceptions
Compensation will not be available in the event 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
1. The User must not attach unapproved objects, make alterations or change the functions of Communication Equipment.
2. The User must not infringe the Companyfs rights in Communication Equipment by engaging in acts such as assigning rights retained by the Company to any third parties, using the Communication Equipment as a security or sub leasing Communication Equipment.1. 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 Communication Equipment is subject to the following condition.
The Company will not be liable in any manner whatsoever in the event the User suffers damage by way of any of the following.
- The interception of in-coming or out-going calls on Communication Equipment.
- 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.
- Malfunction of Communication Equipment even if the User has acted with due care.
1. The Company may immediately terminate this Agreement without notice and suspend the telephone line of the Communication Equipment if:
- the User is deemed to have entered false information on the application form
- the User commits a substantial breach of trust
- the User breaches any of this User Agreement
- the User is deemed to have used 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 Communication Equipment and bear expenses for any loss incurred by the termination.
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 Communication Equipment for its original purpose.
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 April 1, 2008
JAL ABC, Inc.