This document is a translation of “旅行用福祉用具レンタル利用規約　(Ryokouyou Fukushiyougu Rentaru Riyou Kiyaku)”. Japanese document is the original.

Chapter 1 General Provisions

Article 1 (Definitions)

The terms in this document shall have the following meanings.

・Operator: Ohayo Travel Corporation (Inagi-shi Higashinaganuma 568-11 HP Bldg. 2F, Tokyo, Japan)

・Rental Equipment: Equipment to be used for accessible travel provided by the Operator

・User: An individual or a corporation that have concluded the Rental Contract based on Article 3 with the Operator and use the equipment.

Article 2 (Application of Terms and Conditions of use)

1. The Operator shall provide a service of renting out Rental Equipment to Users according to the contents stated in this document. In addition, matters not stated here in this document shall be determined by law of Japan and general customary practices in Japan.

2. This document shall apply to individuals and corporate Users.

Chapter 2 Rental Contract

Article 3 (Conclusion of Rental Contract)

The Operator shall conclude a contract with an individual or a corporate user (hereinafter referred to as “Individual Who Desires to Use”) who desires to use the Rental Equipment in accordance with this document, after filling out the necessary items in the application form established by the Operator. However, when any one of the following applies to an Individual Who Desires to Use, the Operator may refuse to conclude the Rental Contract.  Under the circumstances that the Operator judges that

(1) the User is unable to operate the Rental Equipment safely.

(2) the User is believed presenting symptoms of poisoning due to drugs, stimulants, thinners, etc.

(3) the User is a member of an organized crime group, or belong to antisocial forces.

(4) the User does not agree to this document.

(5) the renting the Rental Equipment is not adequate

Article 4 (Conditions of Use)

1.The Individual who desires to use the Rental Equipment shall follow the contract method and the associated payment method designated by the Operator.

2.The User shall pay the charges stated in Chapter 5 in accordance with the selected contract type and method of payment as stated in the preceding Paragraph. Basic fee shall be paid in advance when concluding the contract. In case of extending the return date, the User shall apply for the extension with the Operator three days prior to the return date agreed in the original application and shall pay the extension fee one day before the date originally agreed in the original agreement.

Chapter 3 Rental Procedures and Return Procedures

Article 5. (Rental Procedures for Rental Equipment)

The Operator or an agent assigned by the Operator shall deliver the Rental Equipment to the mutually agreed place. The prescribed Rental Procedures for      Rental Equipment (hereinafter referred to as the “Rental Procedures”) provided to the User by the Operator is completed.

Article 6. (Return Procedures for Rental Equipment)

1. The User shall return the Rental Equipment at the place mutually agreed. Upon the return of the Rental Equipment by the User, the Return Procedures for Rental Equipment (hereafter referred to as the “Return Procedures”) is completed.

2. When there is an emergency and the User is unable to transfer the Rental Equipment to the place mutually agreed, the User shall contact the Operator and follow the instructions given by the Operator.

3. If the User fails to contact the Operator or if the User fails to follow instructions given by the Operator and leaves the Rental Equipment at a place other than the place mutually agreed, the Return Procedures will be considered incomplete.

Article 7. (Request to Returning the Rental Equipment)

When any one of the following applies, the Operator may demand that the User return the Rental Equipment.

(1) When the renting of the Rental Equipment cannot be continued during the rental period due to the inoperability of the Rental Equipment or other reason.

(2) When the User breaches conditions stipulated in this document or any other agreement concluded with the Operator during the rental period.

Chapter 4 Procedures for Accidents

Article 8 (Procedures if Encountered an Accident)

1.If the User encounters an accident while using the Rental Equipment during the rental period, the User shall take appropriate measures under the law and shall deal with the matter as follows, regardless of the scale of the accident.

(1)　Immediately inform the jurisdictional police and the Operator of the details of the accident.

(2)　Immediately submit documentation or evidence concerning the accident required by the Operator and the insurance company designated by the Operator.

(3)　Obtain the Operator’s approval before entering into a settlement or agreement with a third party regarding the said accident.

2.In addition to procedures stated in the preceding Paragraph, the User shall make every effort to settle and resolve any accident on the User’s own responsibility and at his or her expense.

Article 9 (Procedures for Break-down, Theft and Others)

1.When the User discovers a fault or a malfunction with the Rental Equipment during the rental period, the User shall immediately stop using the Rental Equipment and inform the Operator and follow the instructions given by the Operator.

2.When the User discovers that the Rental Equipment has been stolen during the rental period, the User shall immediately inform both the jurisdictional police and the Operator of the circumstances of the theft and shall follow instructions given by the Operator.

Article 10 (Compensation)

1.Based on the established Rental Contract, the Operator shall provide various types of casualty insurance coverage according to conditions stated below for the period the User rents a Rental Equipment, and shall provide compensation up to one hundred million Japanese Yen (JPY 100 million) stated below for liability in damages for which the User is liable as stated in Article 19.

2.The User shall be liable for damages that exceed compensation limits stated in the preceding Paragraph.

Chapter 5 Service Charges

Article 11 (Service Charges and its payment)

1.The Users shall pay the sum of charges to the Operator for the use of the      Rental Equipment in the method selected as per Article 4 Clause 1.

2. In case the Operator is unable to receive the payment as originally agreed, the Operator shall notify the User of alternative payment method.

3. In case that the User is unable to continue to use the Rental Equipment due to malfunctions or other reason which is beyond the control of the User, the Operator shall return all or the part of the payment to the User depending on conditions.

Chapter 6 Liability

Article 12 (Safety Inspection Prior to Use)

1.To ensure that the Rental Equipment is in order and can be safely operated, at the time the User starts using the Rental Equipment, he or she shall make sure that the Rental Equipment functions safely and properly.

2.When the User notices any mechanical or other problem or safety issue, the User shall promptly notify the Operator of all problems and issues and cease use of the Rental Equipment.

3.If the User persists in the use of the Rental Equipment without reporting an existing problem as stated in the preceding Paragraph, the Operator shall deem that the User is liable to any injuries or damages to the User, caregiver, third party or any property.

Article 13 (Duty of Care)

1.The User is responsible for exercising due care in the use and storage of the Rental Equipment.

2.The User’s responsibility to exercise due care shall begin when the delivery procedures are completed and shall end when the return procedures for the Rental Equipment are complete in accordance with the Rental Contract.

Article 14 (Prohibited Acts)

The User may not engage in any of the following acts during the rental period.

(1)　The User may not share the Rental Equipment with any other person.

(2)　The User may not engage in dangerous behavior such as reckless operation or operation under the influence of alcohol and so on.

(3)　The User may not violate any applicable traffic rules when operating the      Rental Equipment.

(4)　The User may not use the Rental Equipment in public parks or hazardous places where the use is prohibited or inappropriate.

(5　The User may not engage in acts that may obstruct the passage of pedestrians.

(6)　The User may not modify, disassemble or change the structure or fittings of the Rental Equipment.

(7)　The User may not persist in operating the Rental Equipment in case of malfunction.

(8)　The User shall not engage in any other act that violates the laws or regulations or public order.

Article 15. (Obligation to Return the Rental Equipment)

The User shall return a Rental Equipment in the same state in which it was received when it was provided to the User for rental, excluding wear and tear through ordinary use. If the Rental Equipment including fixtures is damaged, lost, or stolen in part or in whole due to a reason attributable to the User, the User shall be responsible for any and all expenses required to restore the      Rental Equipment to its original state including the repair or repurchase, etc. thereof.

Article 16. (Procedures for Unreturned Rental Equipment)

1. If the User fails to return the Rental Equipment within the operating hours stipulated in the applicable type of the contract or fails to comply with the Operator’s request to return the Rental Equipment, or if the Operator deems the User has absconded with the Rental Equipment when the said Rental Equipment is not returned and the User’s whereabouts are not known, the Operator may take legal procedures including lodging a criminal complaint against the User.

2. If circumstances stated in the preceding Paragraph apply to the User, the User shall be held responsible for applicable usage fees of the Rental Equipment until its return, costs required to recover and search for the Rental Equipment, and any other damages caused to the Operator.

3. If due to a natural disaster or any other unavoidable occurrence the Rental Equipment is not returned by the User by the end of the Rental Period, the User shall not be held responsible for any losses arising as a result. In such case, the User shall immediately contact the Operator and follow the Operator’s instructions accordingly.

Article 17 (Indemnity Liability)

In addition to provisions stated in this document, if the User causes damages to a third party or to the Operator when using the      Rental Equipment, the User shall be responsible for compensation for such damages. However, this shall not apply when the said damages are not attributable to the User.

Chapter 7 Use of Personal Information

Article 18 (Use of Personal Information)

Personal information (personal information and personal information collating with other information by which can specifically identify the User) obtained by the Operator when providing the service shall be subject for the Privacy Policy established by the Operator.

Chapter 8 Miscellaneous Provisions

Article 19 (Revision of Term of Use – Travel Equipment Rental)

The Operator shall revise this document without notices to

The Operator may unilaterally amend, modify, or change this document, in its sole discretion and without any notice to the Users.

Article 20 (Late Payment Penalty)

When the User neglects to fulfill the executing monetary obligations under this document or any other agreement with the Operator, the User shall pay the delayed payment charge to the Operator at an annual rate of 14.6% on a pro rata basis (calculated on a daily basis with a year being equal to 365 days).

Article 21 (Court of Jurisdiction)

Both the Operator and the User agrees that

District court with jurisdiction over the Operator location shall be the exclusive court of jurisdiction in the first instance in any dispute and legal action relating to the rights and obligations under this document or any other agreement between the User and the Operator.

Ohayo Travel Corporation

30 November, 2023