Article 1 Purpose
① The purpose of these Terms and Conditions is to stipulate matters regarding the rights and obligations under the vehicle rental agreement between the lessor and lessee of a rental car.
② These Terms and Conditions shall apply preferentially when a SOCAR member uses the SOCAR application, and shall not apply to the extent of conflict with the policy separately notified by the “Company” when concluding a rental agreement through other channels such as Naver.
In other words, if a member concludes a rental agreement through a channel other than the SOCAR application, such as Naver, and the policy notified separately
by the “Company” on that channel conflicts with the contents of these Terms and Conditions, the policy notified on that channel shall take precedence.
Article 2 Definitions of Terms
① A “lessors” refers to SOCAR Co., Ltd. and business operators that provides vehicle rental service to a member through reservation and payment agency agreements. Hereinafter it shall be collectively referred to as “Company.”
② A “lessee” refers to a “member” who has concluded a normal service agreement in accordance with the SOCAR Terms and Conditions of Use.
③ A “rental vehicle” refers to a rental vehicle provided by the Company, and hereinafter shall be collectively referred to as “vehicle”.
④ A “rental agreement” refers to a “reservation” made within the Company’s unmanned rental procedures.
⑤ A “platform” refers to mobile applications and websites provided and operated by the Company or its affiliates for unmanned vehicle rental services.
⑥ The meaning of terms in the Terms and Conditions not defined in this Article shall follow Individual Terms and Conditions and Individual Policies, or general common practices of transaction.
Article 3 Interpretation
① The Company may have Individual Terms and Conditions and Individual Policies for services it provides, and in the event any terms in the Individual Terms or the Individual Policies conflict with these Terms and Conditions, the Individual Terms and Conditions and Individual Policies shall prevail.
② Matters not specified in these Terms and Conditions, Individual Terms and Conditions, and Individual Policies shall be governed by relevant laws or commercial practices such as the Standard Terms and Conditions for Vehicle Rental.
Article 4 Qualifications to Use Vehicle
① A member is obligated to comply with the Individual Terms and Conditions, Individual Policies, and the following regulations agreed to when concluding a use agreement or making a service reservation.
② The qualification standards for using a vehicle provided by the Company are: the member must be 21 years of age or older; and at least one (1) year must have passed since obtaining a driver's license. However, qualification standards may vary depending on the service provided and operating policy.
③ In a case of a defect in the member's driver's license registered after membership registration, such as suspension, cancellation, or information abnormality, the member shall be prohibited from making a reservation or using a vehicle until the defect is corrected. In addition, in a case of a defect in a member’s driver's license, the member must take immediate action through the Company's call center (hereinafter referred to as “SOCAR Customer Center”) or platform.
④ The act of providing a member's information to a third party shall be considered title lending, and the act of using a registered member's membership information by a third party shall be considered title borrowing. When such acts occur, all civil and criminal liability for them shall lie with the title lender and title borrower.
⑤ Any undesignated third party other than the member who reserved a vehicle are prohibited from operating the vehicle, and all civil and criminal liability arising therefrom shall lie with the member who made the reservation and the third party who operated the vehicle.
⑥ If a person other than the member who reserved a vehicle must drive the vehicle together, a “co-driver” must be designated when reserving a vehicle, and the regulations for this shall be as follows:
1. A co-driver refers to a member of the Company who will drive with the member who reserved the vehicle. Only one co-driver may be designated per reservation.
2. A co-driver must be a member of the Company and meet the regulations regarding Qualifications to Use Vehicle in this Article.
3. The liability for damages to the vehicle, accidents, abnormalities, etc. arising when a co-driver drives alone without the member who reserved the vehicle riding in the vehicle together shall lie with the member who reserved the vehicle and the co-driver.
4. If a member who reserved a vehicle defaults on debts such as not paying service fees or accident settlement costs, the co-driver shall be jointly liable for compensating for such debts.
Article 5 Vehicle Information Collecting Device
In order to operate the service efficiently, the Company is installing “vehicle information collecting devices” and “video information collecting devices” in all vehicles rented, and the purposes are as follows:
① Vehicle information collecting device
1. A vehicle information collecting device refers to a communication device that can transmit information collected for the smooth operation of car sharing and vehicle management, including information on driving of the vehicle and internal environment of the vehicle, such as vehicle return location, total accumulated mileage, and vehicle environment detection to the Company’s server.
2. Data collected by a vehicle information collecting device may be used for purposes such as managing and protecting assets of the business, checking return of a vehicle, and charging based on mileage.
3. The Company may collect, use, and provide location information of your vehicle within the scope of following purposes: collecting a vehicle when a member violates the agreement, such as failure to return of a vehicle; fulfilling a vehicle rental agreement, or resolving disputes; cooperating with and fulfilling lawful investigation requests or orders from investigative agencies, etc.; and in other cases where the member separately agreed to the collection, use, and provision of location information.
4. In accordance with the Act on the Protection and Use of Location Information, Etc., in case of a request for emergency rescue from imminent danger, the vehicle's location information may be provided to an emergency rescue agency without the member's consent.
② Video information collecting device
1. A video information collecting device refers to a dashcam or video recording device that can collect driving video of a vehicle. Depending on the condition of the video information collecting device, the video may not be recorded, or the video may be deleted due to issues such as storage capacity.
2. Driving video collected by a video information collecting device shall be used only to collect information (evidence) for accident settlement in the event of a traffic accident. The accident video may be provided when requested by insurers, police stations, and other related agencies.
3. Arbitrary disassembly, damage, or removal of a video information collecting device and a storage device (SD cards, etc.) is prohibited and any damage arising therefrom shall lie with the relevant member.
4. Any act that violates the Personal Information Protection Act and related laws, such as storing, distributing, editing, providing, or selling driving video collected by a video information collecting device for purposes other than accident settlement, is prohibited.
Article 6 Conclusion of Vehicle Reservation
① A member may request a reservation through the platform or the SOCAR Customer Center. When making a reservation through the SOCAR Customer Center, a customer service fee (hereinafter referred to as “reservation fee”) may be incurred. However, if a member makes a reservation through the SOCAR Customer Center due to a physical difficulty, no reservation fee shall be charged if a separate identification process is completed.
② A member who wishes to reserve a vehicle may check in advance the available vehicle models, service fees, available reservation times, rental period, rental location, return location, and other reservation conditions through the platform.
③ When reserving a vehicle, the length of rental may be selected in 10-minute increments, and the minimum length of rental that can be reserved is 30 minutes.
④ The conclusion of a reservation shall be based on the rental agreement. The rental agreement must specify the matters listed in Paragraph 2. However, when making a reservation through the platform or SOCAR Customer Center, the reservation shall be deemed to have been made based on the information entered or selected by the member directly or consultation with the Company through the SOCAR Customer Center.
⑤ A member must complete payment of the fee for the reserved service to drive the vehicle.
⑥ When concluding a reservation, the Company must explain or specify the main details of these Terms and Conditions and the SOCAR Terms and Conditions of Use and must notify it shall collect, use, and provide the member’s information for a reservation and obtain consent. However, when concluding a reservation through the platform or SOCAR Customer Center, the member must confirm and agree to the above details, and the Company shall be deemed to have fulfilled its obligation to provide notice.
⑦ The details of a reservation made through the platform or SOCAR Customer Center shall be used for submission to insurance companies in the event of an accident and for opinion statements of the relevant competent authority in the event of fines.
⑧ If a member falls under any of the following subparagraphs, the Company may refuse to conclude a reservation:
1. There is a defect in the driver's license registered by the member, such as suspension, cancellation, or information abnormality, or the member does not cooperate with the Company for checking the driver qualifications.
2. The identification is impossible for the member or the member does not respond to the Company's questions or requests for data.
3. The member is judged to be drunk or addicted to drugs such as narcotics, stimulants, thinners, etc.
4. The member who made the reservation and the driver who is picking up the vehicle are different.
5. There has been an unpaid fee, etc. related to the Company in the past.
6. There has been an act falling under Article 23 Prohibited Acts in relation to vehicle rental in the past.
7. There is an objective reason to refuse the conclusion of a reservation as a matter equivalent to any of the above subparagraphs.
Article 7 Change or Cancellation of Vehicle Reservation
① If a member wishes to change or cancel a reservation, he/she must consult with the Company in advance. If there is no consultation with the Company, a measure shall be taken in accordance with this Article and the regulations of the SOCAR Terms and Conditions of Use.
② If a member wishes to change the reservation start time or return time, it shall be possible only if there is no reservation made by other members, and a service fee corresponding to the rental period after the change shall be charged. Changes to the reservation cannot be cancelled.
③ If a member does not apply for an extension of a reservation through the platform (hereinafter referred to as “return extension”) or continues to use the vehicle without extending the return through the SOCAR Customer Center, the Company may settle and charge a service fee based on the delayed return time and a penalty amount.
④ Even if a member picks up a vehicle after the reservation start time, no refund shall be made for unused time. If the reservation is not canceled, no refund shall be made for unused time for the entire rental period.
⑤ If a reservation is canceled due to a member's circumstance or a reason under Article 8 Cancellation of Vehicle Reservation, it shall be processed as follows depending on the time of cancellation of the reservation.
1. A fee may be charged depending on the time of cancellation of the reservation (hereinafter referred to as “cancellation fee”). A cancellation fee shall be set based on the service fee notified to the member when making a reservation.
2. When calculating a cancellation fee, the condition, “within 30 minutes after making a reservation” shall be considered the highest condition. However, if the reservation start time is exceeded, a cancellation fee shall be charged according to the conditions below.
3. A reservation cannot be canceled once the rental period has passed whether there is vehicle control or driving record or not.
| Category | Rental period: one day or less | Rental period: over one day |
| No cancellation fee | Within 30 minutes after making a reservation; Until 12 hours prior to the start of a reservation | |
| 5% cancellation fee | From 12 hours to 6 hours prior to the start of a reservation | - |
| 20% cancellation fee | From 6 hours prior to the start of a reservation to the reservation start time | From 12 hours prior to the start of a reservation to the reservation start time |
| 30% cancellation fee |
Reservation start time has passed ※ Occupied time is charged at a normal rate, and 30% of the remaining service fee is charged as a cancellation fee. |
|
⑥ If a reservation is made on the premise of participating in an additional service, such as Vroom, or event but the intention to use it is withdrawn, the reservation shall be canceled, and a separately notified cancellation fee and penalty amount may be charged.
⑦ If a reservation for a non-refundable product is canceled, 100% of the service fee shall be charged as a cancellation fee, regardless of the time of cancellation and rental period.
⑧ If payment for a reservation is not completed due to reasons such as insufficient balance, or exceeding the limit of the credit card registered for payment by a member, the reservation shall be classified as pending. The reservation may be canceled by the Company and a cancellation fee may be charged depending on the time of cancellation.
⑨ If a member engages in behavior such as occupying reservations or frequently canceling reservations that may interfere with the smooth use of the service by other members, the member’s service use may be restricted and cancellation fees may be incurred. The criteria for determining such member's reservation behavior shall be based on the Company's internal operating regulations.
⑩ After making a reservation based on Article 6 Conclusion of Vehicle Reservation, if the reservation cannot be concluded due to force majeure such as a natural disaster, the Company shall return the paid service fee to the member.
Article 8 Cancellation of Vehicle Reservation
④ The Company may cancel a reservation in any of the following cases:
1. A member has violated an important matter so that there is an objective reason that make it difficult to maintain the reservation.
2. A member's personal information at the time of reservation is found to be false.
3. A member's driver's license is canceled or suspended.
4. A member causes a traffic accident.
5. An act falling under Article 23 Prohibited Acts is committed.
② If any of the reasons in Paragraph 1 is uncovered and a reservation is canceled, the Company shall refund the remaining service fee amount after deducting the cancellation fee that meets the standards under Article 7 Change or Cancellation of Vehicle Reservation, Paragraph 5, depending on the time of cancellation. At this time, if the member is driving the vehicle, the vehicle must be returned immediately regardless of the remaining rental period.
③ If the Company suffers damage due to cancellation of a vehicle reservation, damage compensation costs may be claimed.
Article 9 Member’s Cancellation of Vehicle Reservation
① If a member is unable to use a vehicle due to a defect prior to delivery of the vehicle, he/she may have a measure under Article 13 Provision of Replacing Vehicle taken or cancel the reservation.
② If a reservation is canceled pursuant to Paragraph 1, the Company shall return the full amount of the service fee paid to the member.
③ If a reservation is canceled due to a member's circumstances, Article 7 Change or Cancellation of Vehicle Reservation shall apply. However, in cases of rental for more than one (1) month, the Company and a member may separately agree on a fee for early termination.
④ If an accident or breakdown of a vehicle occurs due to a reason attributable to a member, the member shall be liable for compensating the Company for the damages, and the reservation may be canceled.
Article 10 Cancellation of Vehicle Reservation Due to Force Majeure Reasons
① If a member is unable to use the vehicle during the rental period due to a force majeure reason such as natural disaster, war, civil war, incident, riot, or disturbance, the reservation shall be canceled, and the member must notify the Company of such fact.
② If a reservation is canceled in accordance with Paragraph 1, the Company shall deduct the service fee up to the time of termination of the reservation from the service fee paid, and return the remaining service fee amount to the member.
③ If a member is unable to return a vehicle due to the reasons under Paragraph 1, the Company shall not claim compensation from the member for any resulting damages. However, if any of the reasons under Paragraph 1 occurs, the member must immediately contact SOCAR Customer Center and cooperate with the Company's request.
④ If the Company is unable to lend a vehicle or provide a replacing vehicle due to the reasons under Paragraph 1, a member cannot claim compensation from the Company for damages arising therefrom.
Article 11 Pickup and Return of Vehicle
① A member must check whether there is any problem with the interior and exterior of the vehicle at the rental location selected when reserving a vehicle before picking up the vehicle. If there is any damage to the vehicle or any signs of abnormalities with driving, the member must report such fact through the platform or SOCAR Customer Center.
② In response to the report under Paragraph 1 of this Article, the Company may check whether there is any problem with the vehicle. If there is damage that was not discovered based on the details of the previous and post reports, the Company may identify who caused the damage and claim compensation and proceed with reexamination of membership.
③ For a vehicle return, the vehicle must be parked directly at the return location selected when making the reservation, and all necessary conditions for return must be satisfied, and then a normal return must be made using the return function (hereinafter referred to as “direct return”) on the platform. If a problem occurs during a vehicle return process, the vehicle must be returned through SOCAR Customer Center.
④ Even if a member returns a vehicle a certain amount of time earlier than the scheduled return time, a service fee equivalent to the pre-reserved time shall be charged.
If a vehicle is returned earlier than the scheduled time, credits shall be granted based on the remaining rental period and discount amount.
However, credits shall be granted only to members who have concluded a use agreement in accordance with the membership registration procedure within the SOCAR application set by the Company.
Article 12 Measures for Failure to Return Vehicle
① If a member fails to return a vehicle to the return location even after three (3) hours from the end of the rental period or fails to respond to the Company's request to return the vehicle, the Company may take all legal measures necessary to collect the vehicle and compensate for damages.
② In cases falling under Paragraph 1, the Company may call the member or visit the address to hear from family members and relatives who live with the member in order to find the whereabouts of the vehicle, and may take necessary measures such as reference of vehicle location information.
③ Despite the measures in Paragraph 2, if the whereabouts of the vehicle and member are unknown even after six (6) hours from the end of the rental period, the Company may take necessary measures, such as reporting theft. In this case, the Company must prove that the whereabouts of the vehicle and the member are unknown even though measures pursuant to Paragraph 2 have been taken.
④ In cases falling under Paragraphs 1 through 3, a member shall be liable for damages suffered by the Company and must bear the costs incurred for collecting the vehicle, confirming the whereabouts of the member and driver, etc.
⑤ In order to prevent the same or similar damage caused by a member's violation of agreement that falls under any of the following cases, the Company may provide personal information to businesses in the same field and business associations only in the event of damage upon consent to a separate Personal Information Processing Policy that describes the purpose of collection and use, collected items, holding and use period, etc. obtained when concluding the agreement:
1. A member fails to return a vehicle without a justifiable reason despite the Company's request to return the vehicle, or fails to return the vehicle within six (6) hours from the vehicle return time while unable to be contacted.
2. A member is delinquent on a service fee and continues to be delinquent even though the Company has urged payment two (2) or more times over a period of time. However, exceptions shall be made if the member has an unavoidable reason.
3. A member causes serious damage to the Company by an act equivalent to that in Article 23 Prohibited Acts.
⑥ The Company cannot use member information provided pursuant to Paragraph 5 for purposes other than those for which consent has been obtained from the member.
⑦ If the Company causes damage to a member intentionally or by negligence in the process of processing a business under Paragraphs 1 through 6, the Company shall be liable for compensation.
Article 13 Provision of Replacing Vehicle
① If a member cannot rent the vehicle he/she has reserved due to the Company’s circumstances, the Company may provide a replacing vehicle of the same class model. However, if it is not possible to supply a vehicle of the same class model, a different vehicle model may be provided as a replacement upon consultation with the member.
② When providing a replacing vehicle pursuant to Paragraph 1, the service fee of the reserved vehicle model shall be compared with the service fee of the replacing vehicle, and the cheaper service fee shall be applied.
③ A member may refuse to have a replacing vehicle provided pursuant to Paragraph 1. In this case, the Company shall return the full service fee paid by the member.
④ If a replacing vehicle is required due to a problem with a vehicle being used, after settling the service fee for the time used, a replacing vehicle may be provided for the remaining rental period or the remaining service fee may be returned in consultation with the member.
Article 14 Refueling and Charging of Vehicle
① Costs incurred while a member is driving a vehicle (hereinafter referred to as “driving fees”) shall be set based on the distance driven. They shall be settled and charged when the vehicle is returned in accordance with the driving fee standards notified when making a vehicle reservation.
② Driving fees shall be notified through the platform, and a member has an obligation to check fee information in advance to prevent disputes. Driving fees may change after prior notices due to changes in oil prices, etc.
③ When refueling or charging a vehicle, a refueling card and charging card designated by the Company must be used. Only the vehicle designated by the Company may be refueled or charged. If the Company's refueling card or charging card is used to refuel or charge another vehicle, or the card is provided to a third party for payment, all civil and criminal liability arising therefrom shall be borne by the member.
④ If the refueling card or charging card designated by the Company cannot be used due to unavoidable circumstances, a member must contact SOCAR Customer Center and consult with the Company before refueling or charging. The regulations of Article 16 Vehicle Management Costs and Compensation, Paragraphs 2 and 3 shall apply mutatis mutandis to the compensation of such costs.
⑤ In order to ensure smooth service operation, it is recommended to refuel at least 25% of a vehicle's fuel tank when returning the vehicle. Except in unavoidable cases, a penalty may be imposed if the amount of fuel is significantly insufficient or the vehicle is returned with the fuel warning light on, resulting in disruption to future driving of the vehicle.
⑥ When returning a vehicle, a member must leave the refueling card or charging card in a designated place inside the vehicle. In the event of damage arising from the loss of the refueling card or charging card, all civil and criminal liability shall be borne by the member.
⑦ A member must check the fuel type of a vehicle he/she reserved before refueling the vehicle. In cases of damage to the vehicle due to injecting different fuel or defective fuel, the member shall be liable for all damage arising therefrom.
Article 15 Obligations of Vehicle Inspection and Management
The Company is periodically conducting vehicle inspection and management on all vehicles. However, when using the unmanned vehicle rental service, a member is given certain obligations and responsibilities regarding vehicle inspection and management, such as cleanliness and safe driving.
① Obligations of the Company
1. The Company shall provide the best convenience through regular inspection services for a vehicle. If a member requests vehicle inspection or repair for safety, it must be carried out as soon as possible.
2. If the Company discovers a maintenance defect, etc. when inspecting and managing a vehicle, it must take measures such as repair or replacement of parts, and record and keep the details.
3. If a member contacts or reports pursuant to Paragraph 2, the Company must take appropriate measures and provide response guides to ensure the member's safe use of the service.
4. The Company shall install interior parts such as a navigation, dashcam, and SOCAR tablet in a vehicle to provide them as a convenience service. If damage occurs due to malfunction of an interior part, etc., a member must notify the Company of such fact and notify of the damage. A member may not be compensated for damages that the Company cannot confirm or recognize due to the member's failure to notify them.
② Obligations of a member
1. A member must always check everything of the vehicle such as tires, air pressure, engine and brake oil warning lights, and other caution signs while driving. If anything unusual occurs, the member must immediately contact the SOCAR Customer Center.
2. If any symptom or other abnormality that is not displayed in the warning light, such as suspicious noise or unstable feeling of driving, is detected while driving a vehicle, a member must immediately contact the SOCAR Customer Center.
3. In the event of a breakdown, accident, or other contact while driving a vehicle, a member must immediately contact the SOCAR Customer Center regardless of whether the vehicle is damaged or not. Afterwards, the member must actively cooperate with the request for measures such as vehicle inspection following the Company's instructions.
4. A member cannot arbitrarily acquire an interior part such as a navigation, dashcam, and SOCAR tablet while using the service. If the member inevitably wishes to acquire it, he/she must consult with the Company and follow its instructions. In addition, if a problem is discovered with the relevant interior part, the member must immediately contact the SOCAR Customer Center.
5. A member must use and store a vehicle with the duty care of a good manager from the time the vehicle is handed over to the time it is returned to the Company. If the member ignores a sign of abnormality, damage, accident, etc. while using the service and fails to immediately contact the SOCAR Customer Center, the Company may reexamine his/her membership and claim compensation for damages, etc. to the member.
Article 16 Vehicle Management Costs and Compensation
① If a member needs to spend money on vehicle management, it must be done with the permission of the Company. If the member spends an appropriate amount on vehicle management personally, the Company shall judge whether it is necessary to spend the relevant management fee such as the amount and appropriateness, and then pay the relevant cost.
② A member must submit a receipt or proof of appropriateness for vehicle management costs. However, if a receipt or proof of appropriateness is omitted, the relevant cost cannot be paid.
③ Items included in a member's vehicle management costs shall be as follows:
● Refueling
● Wiper replacement
● light bulb replacement, windshield washer fluid replenishment
● Other parts and consumables
④ When a member receives compensation for a vehicle management cost, the member may receive a refund at the actual cost in accordance with the regulations.
⑤ A member may wash a vehicle as needed, and receive compensation if he/she proves the car wash with a means approved by the Company.
Article 17 Member's Measures When Vehicle Problem or Breakdown is Discovered
① In the event of a problem, breakdown, or accident while using a vehicle, a member must immediately contact the SOCAR Customer Center so that he/she can take action following the Company's instructions.
② When reporting a problem, breakdown, or accident arising while using a vehicle, a member must only report fact. If false information is reported, the relevant details shall be invalidated.
③ If a vehicle becomes unusable or requires repairs due to a defect prior to delivery of the vehicle, a member may receive a replacing vehicle or equivalent measures in accordance with Article 13 Provision of Replacing Vehicle.
④ In principle, jump-starting another vehicle with the Company’s vehicle is prohibited. However, if jump-starting is necessary for an unavoidable reason, a member must notify the Company. The member is solely responsible for any damage to the vehicle caused by jump-starting using an inappropriate tool.
⑤ If a member causes a vehicle problem or breakdown intentionally or by negligence, the member must bear the costs incurred for receiving and repairing the vehicle.
Article 18 Roadside Assistance Service
① Roadside assistance service refers to service that a business contracted with the Company goes to the site and provides services such as inspection, repair, accident settlement, and towing.
② In the event of a vehicle breakdown or accident, a member may request roadside assistance service through the SOCAR Customer Center.
③ If roadside assistance service is requested due to a vehicle breakdown or accident caused by a member's negligence, a separate service fee may be charged.
Article 19 Accident Settlement
① If an accident occurs while renting a vehicle, a member must take measures under the Road Traffic Act, such as evacuating the injured and reporting to the police, and settle the accident in accordance with the following subparagraphs. If any of the subparagraphs are not followed without separate consultation, insurance may be unavailable, therefore, the member must cooperate with matters in each subparagraph.
1. Immediately notify the Company of the circumstances and details of the accident.
2. Submit documents or evidence requested by the insurer in relation to the accident.
3. If there is a need to reach an agreement or consultation with a third party in relation to the accident, consult with the Company in advance.
4. Request vehicle repairs from a general automobile maintenance business contracted with the Company, unless previously consulted with the Company.
② A member shall be recommended to use a business contracted with the Company if vehicle towing, repairs, or other expenses are incurred. If the member uses a business other than the business contracted with the Company, the member must discuss with the Company and request repairs, etc. from the business confirmed.
③ If a member unilaterally uses a business other than the business contracted with or agreed by the Company, there may be restrictions on repayment of the expenses.
④ The Company and a member must make efforts to resolve an accident. If any of them causes damage to the other party by neglecting cooperation, the one shall be liable for compensating the damage depending on the cause attributable to the one.
⑤ If a member is involved in a vehicle accident, the member's use of the services shall be restricted until the accident is resolved. In addition, if a criminal investigation or civil or criminal lawsuit related to the accident goes on, the service use shall be restricted until it is closed.
⑥ The Company has an obligation to notify a member of the estimated accident settlement costs, and shall charge the member the final accident handling costs after vehicle repairs. In this case, the Company shall provide proof of repair history when the member requests. Accident settlement costs arising from an accident may vary depending on the degree of negligence of the member and the type of accident. The Company must provide the member's accident history when the member requests, but is not obligated to provide the full accident history of the vehicle reserved by the member.
Article 20 Insurance, Etc.
① The Company shall provide a member with a vehicle insured against liability and comprehensive automobile insurance (personal injury, property damage, and bodily injury of the insured) in accordance with the Automobile Accident Compensation Security Act. In this case, the member shall be an approved insured under the terms and conditions of comprehensive automobile insurance.
② The Company shall operate a vehicle damage indemnification system to compensate for unexpected financial loss incurred by the member in the event of an accident.
Article 21 Insurance Coverage, Etc.
① In the event of an accident, a member may receive compensation for damages within the coverage for persons, property, and the insured of the comprehensive automobile insurance bought by the Company. However, if damage occurs due to any of the following reasons by the member or the driver in the rental agreement, or if it falls under the indemnification stipulated in the terms and conditions of comprehensive automobile insurance, all or part of the damage cannot be compensated, and all damages suffered by the Company must be compensated at the member's expense:
1. Intentional damage
2. Damage caused by an accident due to unlicensed driving
3. Damage arising from an accident caused while subleasing a vehicle for profit or using a vehicle for a fee or reward
4. Damage incurred while using a vehicle for criminal purposes
5. Damage caused by an accident due to drunk driving
6. Damage arising from an accident caused while driving under the influence of drugs such as narcotics, stimulants, thinners, etc.
7. Damage arising from an accident caused while using a vehicle for a race, practice, or testing
8. Damage arising from an accident caused while a person other than the driver in the rental agreement is driving a vehicle
② In receiving compensation under Paragraph 1, in the event of an accident due to a reason attributable to a member, the member must pay a separate deductible to the insurer if he/she is holding a policy of a comprehensive automobile insurance, or to the Company if he/she is holding a policy of the vehicle damage indemnification system.
③ In case of an accident that occurs while a member is driving a vehicle without returning it to the Company even after the rental period has ended, the member shall be liable for damages despite holding a policy of the Company's comprehensive automobile insurance or vehicle damage indemnification system. If the Company suffers any damage resulting from the accident, the member must compensate the Company for such damage.
Article 22 Burdens Such as Damage From Break of Vehicle
① If a vehicle is repaired due to an accident due to a reason attributable to a member, the member must compensate for the compensation fee for break of the vehicle during the accident settlement period and other incurred costs (towing fee, toll fee, etc.) separately from the repair cost.
② When determining the amount of damage to be borne by a member, the Company must present objective calculation data that takes into account the standards for calculating a compensation fee for break of a vehicle or service fees for a vehicle of the same model, etc.
③ A compensation fee for break of a vehicle refers to compensation for business losses incurred during the accident settlement period for the relevant vehicle. The accident settlement period may be charged up to 30 days, taking into account the time required to repair the vehicle, or the time required to repurchase, register, and commercialize a vehicle if the vehicle is damaged beyond repair or stolen.
Article 23 Prohibited Acts
① If a vehicle is used for a prohibited purpose, the Company shall be obligated to notify the relevant authorities in accordance with relevant laws.
② A member is prohibited from engaging in any of the following acts during the length of vehicle rental, and the member is responsible for any civil or criminal liability arising therefrom:
1. Using a vehicle for vehicle transportation business or similar purposes
2. Any act that infringes on the Company’s ownership, such as selling or subleasing a vehicle, or providing a vehicle as a collateral
3. Forging or altering a license plate vehicle, or driving without a license plate
4. Altering or damaging the original condition of a vehicle or its internal or external parts, such as remodeling or arbitrarily disassembling it
5. Using a vehicle for driving practice, various tests, or races without permission from the Company
6. Towing another vehicle using the Company's vehicle or an act equivalent to towing
7. Having an unlicensed driver or a person other than the driver in the rental agreement drive a vehicle (However, if, after the member rents the vehicle, the driver in the rental agreement is unable to drive due to reasons such as intoxication or bodily injury, so the member has a designated driving service provider pursuant to Article 173 (1) of the Income Tax Act, holding a formal designated driving insurance policy, drive on behalf of the driver, an exception shall be made for the designated driving service provider.)
8. Driving while intoxicated or under the influence of drugs such as narcotics, stimulants, or thinners
9. Driving that may threaten others or cause damage to a vehicle, such as reckless driving, threatening driving, or drifting
10. Using a fake petroleum product under the regulations of Article 2, Subparagraph 10 of the Petroleum and Petroleum Alternative Fuel Business Act as fuel for a vehicle
11. Using a vehicle in violation of laws or public order and good morals
12. An act that is objectively deemed to be equivalent to any of the above acts and is likely to cause damage to a vehicle
③ The Company recommends the following to ensure a pleasant vehicle use experience for the next member to use. In the event of a violation, a penalty fee shall be charged in accordance with the regulations of the SOCAR Terms and Conditions of Use, and the member’s user qualification shall be reexamined.
1. Smoking cigarettes, electronic cigarettes, etc. is strictly prohibited in a vehicle. In addition, acts similar to and reminiscent of smoking cigarettes, such as smoking vitamin sticks, herb cigarettes, and aroma pipes, are also prohibited.
2. Pets must be transported in a carrier. However, an exception shall be made for dogs for the disabled.
3. Littering or leaving litter, and any acts that cause pollution or bad odors inside a vehicle are prohibited.
④ The Company has the right not to provide services to a member who has acted in violation of the provisions of the agreement or has violated the above provisions.
Article 24 Violation of Laws Related to Road Traffic
① All civil and criminal liability arising in accordance with Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents while using the Company's vehicle shall lie with a member.
② A member is obligated to pay fines for violations of any subparagraph of Paragraph 1 and all fines issued by local authorities due to late payment thereof, and is obligated to pay use charges and fines for unauthorized passage through toll gates.
③ When using and returning a vehicle, a member must not park in no-parking areas, restricted areas, or exclusive parking areas other than normal parking areas. Violation of this shall result in the following obligations and responsibilities:
1. If it is impossible to use or return a vehicle in a normal parking area, a member must contact the SOCAR Customer Center for measures. All responsibility for loss of the vehicle, damage to a third party, imposition of fines, etc. caused by actions of the member's own will shall be borne by the member.
2. If parking in a place other than a normal parking area causes a situation that may cause damage to a third party, a member must move a vehicle to a normal parking area. If the member is unable to do so, the vehicle may be moved to a normal parking area arbitrarily by a third party.
Article 25 Liability for Compensation
① If a member causes damage to the Company or a third party during the rental period due to an act prohibited by Article 23 Prohibited Acts or any other cause attributable to the member, the member shall be liable for compensating for such damage.
② A member shall be liable for paying fines imposed during the rental period due to parking violations or violations of the Road Traffic Act, etc., even after returning a vehicle.
Article 26 Damages for Delay
① If the Company and a member delay in fulfilling their financial obligations under these Terms and Conditions, they must pay damages for delay calculated at an agreed interest rate of 15% p.a.
Article 27 Credit Reference
① The Company may refer and confirm a member's credit status through a credit information agency before making a reservation with the member's consent.
Article 28 Governing Laws and Competent Court
① A lawsuit filed between the Company and a member shall be governed by the laws of the Republic of Korea.
② In the event of a dispute between the Company and the Member, the court having jurisdiction over the Member’s address shall be the competent court, and in case the Member’s address or residence is not clear, the competent court shall be determined in accordance with the Civil Procedure Act; However, if a claim/obligation arises due to a reason attributable to the member, the district court in the location of the Company’s office responsible for management thereof shall be the competent court.
Addendum
① These Terms and Conditions shall be effective as of May 23, 2024.