Article 1. This agreement applies to the Hokkaido Expressway Pass (hereinafter:"the HEX Pass") offered by East Nippon Expressway Co., Ltd. (hereinafter: "NEXCO").
Article 2. The following terms in this agreement shall have the following meanings unless otherwise provided for:
(1) "Designated Car Rental Company" shall mean any private automobile rental company designated by NEXCO as an entity that rents cars in which a HEX Pass can be used.
(2) "Designated ETC Card" shall mean the ETC credit card that the Designated Car Rental Company has allowed HEX Pass users to use.
(3) "Designated Travel Agency" shall mean any travel business operator designated by NEXCO as one that accepts HEX Pass applications.
(4) "Foreigner and Other" shall mean a foreigner with status of residence in Japan, as defined by Japanese immigration law, or a Japanese who has obtained permanent residency in a foreign country from the relevant foreign government.
Intended vehicles
Article 3. Vehicles for which the HEX Pass can be used are limited to those rented from the Designated Car Rental Company.
Intended area of use
Article 4. The HEX Pass can be used only on expressways in Hokkaido managed by NEXCO.
Period of use
Article 5. The HEX Pass can be used up to three consecutive days from August 1 to October 31, 2008, for which application shall be made before the use.
Conditions of use
Article 6. To use the HEX pass on expressways, the following conditions must be met.
(1) The user must be a Foreigner or Other.
(2) The user must carry his or her passport or permanent residency permit that proves compliance with the conditions of the preceding paragraph.
(3) The user must use the Designated ETC Card.
(4) The user must consent to this agreement.
Application, etc.
Article 7. The HEX Pass user must consent to this agreement and apply beforehand at the Designated Travel Agency to use the pass.
Article 8. To cancel or alter the application described in the preceding paragraph, the user must contact the Designated Travel Agency where the application was made.
Article 9. The application, cancellation and alteration referred to in Articles 7 and 8 shall be made under the application methods and terms specified by the Designated Travel Agency.
Consent
Article 10.1. To use the HEX Pass, it is necessary to obtain the consent of the Designated Car Rental Company on the use of this pass when renting the car specified in Article 3.
Article 10.2. In any of the following circumstances, the Designated Car Rental Company will not consent to the use of HEX Pass, and thus the contract will become invalid.
(1) When it is impossible to confirm that the HEX Pass user is the applicant.
(2) When it is impossible to confirm that the HEX Pass user is a Foreigner or Other.
(3) When a car is used that is not specified by the Designated Car Rental Company.
(4) When the Designated ETC Card is not used.
(5) When the HEX Pass user does not understand the Designated Car Rental Company's explanation on how to use ETC.
(6) When the HEX Pass user does not consent to this agreement
Use instructions
Article 11.1 The HEX Pass user is to rent a vehicle installed with a Designated ETC Card from the Designated Car Rental Company.
Article 11.2. The HEX Pass user is requested to drive on expressways in compliance with relevant laws and directions for use of ETC, using the car and the Designated ETC Card specified in the preceding paragraph.
Articke 11.3. The roadside indicator at the tollgate and the monitor or audio guidance of the ETC onboard equipment will show the toll fare to be paid by non-HEX Pass users. If the conditions for use of HEX Pass are met, the user will not be charged that amount.
Article 11.4. Upon completion of the travel itinerary, the car installed with the ETC card shall be returned to the car rental company.
Personal information
Article 12. NEXCO is authorized obtain personal information from the Designated Travel Agency and the Designated Car Rental Company with which to identify the HEX Pass user.
Disclaimer
Article 13. NEXCO will assume no responsibility for any damages suffered by HEX Pass applicants from the following:
(1) When use of the HEX Pass has become impossible because of trouble or mishandling in application, cancellation or alteration made under Articles 7, 8 and 9 hereof between the applicants and the Designated Travel Agency.
(2) When use of the HEX Pass has become impossible because of ETC flaws that are not attributable to NEXCO's fault.
(3) When use of the HEX Pass has become impossible because of road closure or traffic hindrance (traffic congestion, etc.)
(4) When use of the HEX Pass has become impossible because of natural disasters or other acts of God.
Revision of the agreement
Article 14. This agreement is subject to change under specific circumstances.
August 21, 2008
Hokkaido Branch, East Nippon Expressway Co., Ltd.
