Terms and Conditions of
Rental Mobile Phone Service in Japan

Article 1 (Scope of Coverage)

  1. These terms and conditions apply to the overseas rental mobile phone service ("Rental" in the following sentences) for a person ("User" in the following sentences) that has successfully completed all the requirements of the registration process designated by GAP Co. Ltd.("GAP" in the following sentences).

Article 2 (Restrictions of Use of Equipment)

  1. Rental mobile phones and accessories ("Equipment" in the following sentences) are usable only in the manner specified by GAP and only in Japan.
  2. User agrees that GAP will not be liable for any service interruptions caused by events beyond the control of GAP such as weather conditions, location or lack of telecommunication facilities.
  3. Non-IDD (i.e. operator call) and incoming collect calls are not available with the rental mobile phone.

Article 3 (Execution of Contract)

  1. The contract shall be deemed executed when GAP accepts User's application in its regular procedure and registers the rental of the Equipment to User in its system.

Article 4 (Rental Period)

  1. The rental period will be counted in 1-day increments and will be defined as the number of days from start of use until the end of use.
  2. The maximum rental period will be set at 3 months. Should the applicant desire a term longer than 3 months, please discuss separately and GAP will try to be as accommodative as possible.

Article 5 (Application)

  1. For reservations, User will submit a completed application form by noon of three business days before the desired start date.
  2. For Date of Departure Walk-up Service, User will go to our counter at Narita or Kansai airports and complete our required procedures.
  3. If User is a first-time customer, User must submit his or her passport information to GAP.
  4. Despite completing all the requirements, User agrees that there may be times GAP may not be able to provide the service, due to lack of inventory and other reasons.

Article 6 (Delivery of Equipment)

  1. Equipment will be sent by courier to the User-designated location the day prior to the start date. Should User require the phone before this date, User will incur additional daily rental fees.
  2. GAP will thoroughly check the condition of the Equipment prior to shipping, and will deliver Equipment in an aluminum case for safety reasons.
  3. Delivery cost as well as return cost specified in Article 7, Item 1, will be charged to User.
  4. GAP shall not be liable for any Rental delivery interruptions caused by traffic accidents or traffic jams.

Article 7 (Return of Equipment & Delays)

  1. User shall return the Equipment by the day after the last date of use (in Article 4) using the pre-designated method.
  2. If by courier, as upon delivery, User shall put the Equipment in the aluminum case for the return.
  3. If User requires an extension of the rental period or is forced into doing so for unavoidable reasons, User will incur the additional designated rental fee.
  4. If User does not return all or a part of the Equipment without any notice to GAP, User shall pay a penalty for the delay (\2,100 per day) in addition to regular rental fees. User shall also pay for any telephone charges (as in Article 8) incurred during the period.

Article 8 (Charges & Fees)

  1. Rental charges (telephone charge, rental fee and delivery costs) shall be determined by GAP.
  2. Should GAP determine that the Equipment was used in a manner inconsistent with the original application, or different than specified in the User¡Çs Manual, User will be charged a maximum of double the actual cost incurred.
  3. If GAP receives no payment by the payment deadline specified in Article 9, we will charge an additional penalty rate of 14.5% per annum on the unpaid balance, from the deadline until full repayment.

Article 9 (Invoice/payment of Charges)

  1. For existing G-Call customers, rental and usage charges will be combined with other G-Call charges for lump-sum payment. User acknowledges that GAP accepts only credit card payments from individuals and other first-time applicants.
  2. User acknowledges GAP may claim the rental fee portion for the entire rental period prior to the end of the rental period.
  3. As to usage charges, GAP will charge User the appropriate amount the month after the end of the rental period.
  4. For rental periods that exceed one month, User acknowledges that usage charges will be aggregated on a month-end basis and charged accordingly.
  5. User acknowledges beforehand that there may be times when charges are split across several payment periods.
  6. For late or delinquent payments for bank transfer or invoiced accounts, the entire amount will be charged to the credit card supplied on the application form.
  7. When other payments such as prepayment penalties, cancellation fees, and replacement charges arise, GAP shall inform the User via the bill.

Article 10 (Cancellation)

  1. Should User need to cancel a contract executed as per Article 3, User must inform GAP immediately, and will incur a cancellation charge of \2,100. For cancellations after shipment has been made, User must pay the cancellation charge of \2,100 plus actual delivery fees.

Article 11 (Verification of Equipment Condition)

  1. User shall verify the condition of the Equipment when Equipment is delivered, and upon finding any insufficiency or damage, must immediately declare this to GAP.
  2. If no such declaration is made, User is deemed to have verified the condition as acceptable, and User is liable for any loss/damage of the equipment during the rental period.

Article 12 (Management of Equipment)

  1. User shall use and manage the equipment in good faith, following the manner designated by GAP.
  2. User must immediately report to GAP if the equipment is lost or damaged.
  3. In the event of Item 2 above, unless the fault lies with GAP, User shall be liable for lost or damaged equipment and pay for costs and expenses in recovering the equipment up to a maximum amount of \52,500.

Article 13 (Prohibited Acts)

    The following acts are prohibited:
  1. Acts that may damage performance of the equipment including but not limited to converting, disassembling, or attaching other electrical parts to, the Equipment.
  2. Acts that infringe upon GAP¡Çs ownership of the Equipment, including but not limited to subleasing, transferring, or mortgaging of the Equipment.

Article 14 (Indemnity)

  1. User acknowledges that GAP will not be liable for any loss or damage to User, regardless of the cause, if mistakes or omissions by the User cause it.
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Article 15 (Contract Termination)

  1. GAP reserves the right to suspend or terminate Rental immediately, without prior notice, should it find that User conforms to any of the following cases;
    1. Other GAP Services are terminated for reasons due to User's responsibility.
    2. User makes false representations in the application process designated in Article 5.
    3. User's credibility deteriorates substantially, or can be reasonably expected to do so.
    4. User breaches any of these Terms and Conditions.
  2. Upon termination under Item 1 above, User shall pay immediately for any liability claimed by GAP with regard to all costs and expenses for Rental and/or liabilities in consequence of User's action. User shall immediately return the equipment as well.

Article 16 (Changes to Terms and Conditions)

  1. User acknowledges that these Terms and Conditions may be revised without any notice. In such instances, rental conditions shall be determined under the revised Terms and Conditions.

Article 17 (Jurisdiction)

  1. User agrees that any legal conflicts shall be under the jurisdiction of Japanese law. Any disputes, dissents or claims arising out of, or relating to the agreement and its violation, termination or validity shall be settled in the Tokyo District Court.