Article 1 Purpose
① The purpose of these terms and conditions is to stipulate the rights and obligations of the lessor and lessee in the rental car lease contract.
② These terms and conditions shall primarily apply when a Socar member uses the Socar application. However, in cases where there is a conflict between these terms and conditions and the policies separately notified by the "Company" when the lease contract is concluded through other channels such as Naver, the policies notified in the respective channel shall take precedence.
In other words, if a member concludes a lease contract through channels other than the Socar application, such as Naver, and the policies notified by the "Company" in that channel conflict with the content of these terms and conditions, the policies notified in the respective channel shall take precedence.
Article 2 Definitions
① The term "Lessor" refers to Socar Inc. and any business operator that provides vehicle rental services to members through reservation and payment agency contracts. Hereinafter referred to as the "Company".
② The term "Lessee" refers to a "Member" who has completed a valid usage contract in accordance with the "Socar Terms of Use".
③ The term "Rental Vehicle" refers to the rental car provided by the Company, hereinafter referred to as the "Vehicle".
④ The term "Lease Contract" refers to the "Reservation" made through the Company's unmanned rental procedure.
⑤ The term "Platform" refers to the mobile application and website provided and operated by the Company or its affiliates for the purpose of providing unmanned vehicle rental services.
⑥ The meanings of terms in these terms and conditions that are not defined in this Article shall follow the "Individual Terms" and "Individual Policies" or general trade practices.
Article 3 Interpretation of the Terms and Conditions
① The Company may establish individual terms and individual policies for the services it provides, and in the event of a conflict between such content and these terms and conditions, the individual terms and individual policies shall take precedence and be applied.
② For matters not specified in these terms and conditions, individual terms, and individual policies, the provisions shall be in accordance with the 'Standard Terms and Conditions for Automobile Rental' and other relevant laws and regulations or general trade practices.
Article 4. Eligibility for Car Usage
① Members are obligated to comply with the individual terms and conditions, individual policies, and the regulations set forth in the following paragraphs, which they agreed to upon concluding the membership agreement or reserving the service.
② The eligibility criteria for using the cars provided by the Company are that the member must be at least 21 years of age and have held a valid driver's license for at least 1 year. However, the eligibility criteria may vary depending on the services provided and the operational policies.
③ If the driver's license registered by the member is suspended, revoked, or has any other defects, the member is prohibited from reserving or using the cars until the defect is remedied. Members must immediately take action through the Company's call center (hereinafter referred to as "Socar Customer Center") or the platform if there are any defects in their driver's license.
④ Providing the member's information to a third party is considered "lending of membership," and the use of the member's information by a third party is considered "borrowing of membership." In such cases, the lender and the borrower shall be held responsible for all civil and criminal liabilities.
⑤ It is prohibited for a third party who is not designated to operate the reserved car. Any civil or criminal liabilities arising from such an act shall be borne by the member who reserved the car and the third party who operated it.
⑥ If another person needs to drive the car together with the member who reserved it, the "co-driver" must be designated during the car reservation, and the following regulations apply.
- The co-driver refers to a member of the Company who will drive the car together with the member who reserved it, and only one co-driver can be designated per reservation.
- The co-driver must be a member of the Company and meet the eligibility criteria for car usage set forth in this article.
- If the co-driver operates the car alone without the member who reserved it, the member who reserved the car and the co-driver shall be responsible for any damage, accident, or abnormal condition of the car.
- If the member who reserved the car defaults on the service fee payment or accident handling costs, the co-driver shall have joint responsibility for the debt.
Article 5. Vehicle Information Collection Devices
The company is leasing "Vehicle Information Collection Devices" and "Video Information Collection Devices" to be installed in all vehicles for efficient service operation, and the purposes are as follows.
① Vehicle Information Collection Device
The "Vehicle Information Collection Device" refers to a communication terminal that can transmit information about the vehicle's operation and internal environment, such as vehicle return location, total accumulated mileage, and detection of vehicle operating environment, to the company's server in order to facilitate car-sharing operation and vehicle management.
The data collected through the Vehicle Information Collection Device can be used for the purposes of asset management and protection, confirmation of vehicle return, billing based on mileage, etc.
The company may collect, use, and provide the vehicle's location information within the scope of the above purposes in cases of vehicle recovery due to the member's contract violation, compliance with lawful investigation requests or orders from investigative agencies, or when the member has separately consented to the collection, use, and provision of location information.
In case of an urgent rescue request in accordance with the "Act on the Protection and Use of Location Information", the vehicle's location information may be provided to the emergency rescue agency without the member's consent.
② Video Information Collection Device
The "Video Information Collection Device" refers to a black box or video recording device that can collect driving video of the vehicle. The video may not be recorded or deleted due to the device's status or storage capacity issues.
The driving videos collected through the Video Information Collection Device are used only for information (evidence) collection for accident processing, and can be provided to insurance companies, police stations, and other relevant agencies upon request.
It is prohibited to disassemble, damage, or remove the Video Information Collection Device and storage device (such as SD card), and the member shall be responsible for any resulting damages.
It is prohibited to store, distribute, edit, provide, or sell the driving videos collected by the Video Information Collection Device for purposes other than accident processing, which would violate the "Personal Information Protection Act" and other relevant laws.
Article 6 Conclusion of Vehicle Reservation
① Members can make a reservation through the platform or the Socar customer center. If the reservation is made through the Socar customer center, a service fee (hereinafter "reservation fee") may be charged. However, if a member makes a reservation through the Socar customer center due to physical difficulties, the reservation fee will not be charged after going through a separate identity verification process.
② Members who wish to reserve a vehicle can check the available vehicle models, service fees, reservation time slots, rental period, rental location, return location, and other reservation conditions in advance through the platform.
③ Vehicle reservations can be made in 10-minute increments, and the minimum rental time is 30 minutes.
④ The reservation is concluded through the rental contract, which must specify the matters listed in Paragraph 2. However, if the reservation is made through the platform or the Socar customer center, the reservation is considered concluded based on the information directly entered or selected by the member, or the content agreed upon with the company through the Socar customer center.
⑤ Members must complete the payment of the reserved service fee in order to use the vehicle.
⑥ The company must explain or specify the main contents of these Terms and Conditions and the "Socar Usage Terms" when concluding the reservation, and must notify the member and obtain consent for collecting, using, and providing the member's information for the reservation. However, if the reservation is made through the platform or the Socar customer center, the member must directly confirm and consent to the above, and the company is deemed to have fulfilled its obligation to provide the notification.
⑦ The content of the reservation made through the platform or the Socar customer center may be used for submission to insurance companies in case of accidents, and for statements to the relevant authorities in case of traffic violations or fines.
⑧ The company may refuse to conclude the reservation if the member falls under any of the following.
- The member's registered driver's license is in a suspended, revoked, or incorrect state, or the member does not cooperate with the company's verification of driving qualifications.
- The member's identity verification is impossible or the member refuses to respond to the company's inquiries and requests for information.
- The member is under the influence of alcohol or is deemed to be addicted to drugs, stimulants, or solvents.
- The person who picks up the vehicle is different from the member who made the reservation.
- There are unpaid fees related to the company in the past.
- There was a violation of Article 23 (Prohibited Acts) in the past vehicle rental.
- There are other objective reasons that justify refusing the reservation, similar to the above cases
Article 7. Changes or Cancellation of Car Reservations
① If a member wishes to change or cancel a reservation, they must consult with the company in advance. If there is no consultation with the company, the company will take action in accordance with this article and the "Socar Terms of Use".
② If a member wishes to change the start time or return time of a reservation, it is only possible if there are no other reservations, and the service fee for the changed rental period will be charged. The details of the reservation change cannot be canceled.
③ If the member does not apply for a return extension through the platform or the Socar customer center, and continues to use the vehicle, the company may calculate and charge the service fee and penalty for the delayed return time.
④ Even if the member takes over the vehicle after the reservation start time, there will be no refund for the unused time, and if the reservation is not canceled, there will be no refund for the unused time of the entire rental period.
⑤ If the member cancels or terminates the reservation due to their own circumstances or the contents of Article 8 (Termination of Car Reservation), the following will be processed according to the timing of the cancellation/termination.
1.A cancellation fee may occur according to the timing of the cancellation/termination, and the cancellation fee will be set based on the service fee notified to the member at the time of reservation.
2. The condition of 'within 30 minutes after the reservation is made' is the highest priority in calculating the cancellation fee. However, if the reservation start time is exceeded, the cancellation fee will be charged according to the conditions below.
3. Cancellation of a reservation is not possible if there is a vehicle control or driving record, or if the rental period has fully elapsed even without a driving record.
| Category | Rental Period 1 Day or Less | Rental Period More than 1 Day |
|---|---|---|
| No Cancellation Fee | - Within 30 minutes after booking<br>- Up to 12 hours before the start of the reservation | - Within 30 minutes after booking<br>- Up to 12 hours before the start of the reservation |
| Cancellation Fee 5% | 12 hours before the start of the reservation to 6 hours before the start of the reservation | - |
| Cancellation Fee 20% | 6 hours before the start of the reservation to the reservation start time | 12 hours before the start of the reservation to the reservation start time |
| Cancellation Fee 30% | After the reservation start time (occupancy time is charged normally, 30% of the remaining service fee is charged as a cancellation fee) | After the reservation start time (occupancy time is charged normally, 30% of the remaining service fee is charged as a cancellation fee) |
⑥ If the reservation was made with the premise of using additional services such as the call service or participating in an event, and the user wishes to withdraw their intention to use, the reservation will be canceled, and a separately notified cancellation fee and penalty amount may be charged.
⑦ If a non-refundable product is reserved and then canceled, a cancellation fee of 100% of the service fee will be charged regardless of the cancellation timing and rental period.
⑧ If the payment for the reservation cannot be completed due to reasons such as insufficient balance or exceeded limit on the registered payment card of the member, the reservation will be placed on hold. Such reservations may be terminated by the company, and a cancellation fee may be charged depending on the time of termination.
⑨ If the member exhibits behaviors such as occupying reservations that may interfere with the smooth service use of other members or frequent reservation cancellations, their service use may be restricted, and cancellation fees may be incurred. The criteria for judging such reservation behaviors are based on the company's internal operating regulations.
⑩ If the reservation made according to Article 6 "Automobile Reservation" cannot be completed due to force majeure such as natural disasters, the company will refund the paid service fee to the member.
Article 8. Cancellation of Vehicle Reservation
① The company may cancel the reservation in any of the following cases.
- When there are objective circumstances that make it difficult to maintain the reservation due to the member's material breach.
- When the member's personal information provided at the time of reservation is found to be false.
- When the member's driver's license is revoked or suspended.
- When the member has caused a traffic accident.
- When the member has committed an act prohibited under Article 23.
② If the reasons in Paragraph 1 are discovered and the reservation is canceled, the company will refund the remaining service fee after deducting the cancellation fee based on the criteria in Article 7, Paragraph 5 on Changes or Cancellations of Vehicle Reservations. In this case, if the member is using the vehicle, they must return the vehicle immediately, regardless of the remaining rental period.
③ If the cancellation of the vehicle reservation causes damage to the company, the member may be charged for the compensation costs.
Article 9. Cancellation of Vehicle Reservation by Members
① If the member is unable to use the vehicle due to defects prior to vehicle delivery, the member may either receive a replacement vehicle under Article 13 or cancel the reservation.
② If the reservation is canceled under Paragraph 1, the company will refund the entire paid service fee to the member.
③ If the member cancels the reservation due to their own circumstances, the provisions of Article 7 on Changes or Cancellations of Vehicle Reservations shall apply. However, for rentals of one month or more, the company and the member may separately agree on the cancellation fee.
④ If an accident or breakdown of the vehicle occurs due to the member's fault, the member shall be liable for the damages to the company, and the reservation may be canceled.
Article 10. Cancellation of vehicle reservation due to force majeure
① If the member is unable to use the vehicle during the rental period due to natural disasters, war, internal disturbance, civil unrest, riots, or other force majeure events, the reservation shall be cancelled, and the member must notify the company of such fact.
② In the event that the reservation is cancelled pursuant to Paragraph 1, the company shall refund the remaining service fees to the member after deducting the service fees incurred until the reservation was terminated.
③ If the member is unable to return the vehicle due to the reasons stated in Paragraph 1, the company shall not claim damages from the member. However, the member must immediately contact the Socar customer center and cooperate with the company's requests upon the occurrence of the event described in Paragraph 1.
④ If the company is unable to rent out the vehicle or provide a replacement vehicle due to the reasons stated in Paragraph 1, the member cannot claim damages from the company.
Article 11. Vehicle pick-up and return
① The member must check the interior and exterior of the vehicle for any abnormalities upon picking up the vehicle at the selected rental location, and if there are any signs of damage or malfunction, the member must report it through the platform or the Socar customer center.
② Based on the report mentioned in Paragraph 1, the company can verify the condition of the vehicle, and if any undiscovered damage is found based on the reported content before and after, the company can identify the responsible party and proceed with a claim for damages and a review of the member's membership status.
③ The return of the vehicle must be done by directly parking the vehicle at the selected return location, and after satisfying all the necessary conditions for the return, the member must complete the return process (hereinafter referred to as "immediate return") on the platform. If there is a problem during the vehicle return process, the member must return the vehicle through the Socar customer center.
④ Even if the member returns the vehicle significantly earlier than the scheduled return time, the service fee for the pre-booked rental period will be charged. However, the remaining rental period and discount amount will be credited to the member, but only for members who have entered into a usage contract in accordance with the member registration procedure specified in the Socar application.
Article 12. Measures for Failure to Return Vehicles
① If a member fails to return the vehicle to the designated location within 3 hours after the rental period has expired or does not respond to the company's request for return, the company may take all necessary legal actions to recover the vehicle and recover any damages.
② In such cases, the company may call the member or visit the member's address to inquire with the member's family or relatives about the whereabouts of the vehicle, and may take other necessary measures to locate the vehicle.
③ If the whereabouts of the vehicle and the member remain unknown despite the measures taken under Paragraph 2, even after 6 hours have elapsed since the end of the rental period, the company may report the vehicle as stolen and take other necessary measures. In this case, the company must prove that it has taken the measures under Paragraph 2 but the whereabouts of the vehicle and the member remain unknown.
④ In the cases described in Paragraphs 1 through 3, the member shall be liable for any damages incurred by the company and shall bear the costs incurred in recovering the vehicle and locating the member and the driver.
⑤ The company may provide personal information to other companies in the same industry or business associations, but only if the member has agreed to a separate "Personal Information Processing Policy" that specifies the purpose of collecting and using the information, the items collected, and the retention and usage period, and if the damage is caused by the member's breach of contract in any of the following cases.
- The member fails to return the car despite the company's request, or fails to return the car within 6 hours of the return date without any justifiable reason and with no contact.
- The member is in continuous default of service fees, even after the company has demanded payment more than twice over a considerable period of time, unless the member has unavoidable circumstances.
- The member's actions are equivalent to the prohibited acts under Article 23, causing significant damage to the company.
⑥ The company may not use the member's information provided under Paragraph 5 for any purpose other than the purpose for which the member has consented.
⑦ If the company causes damage to the member in the process of handling the matters under Paragraphs 1 through 6 due to intentional or negligent acts, the company shall be liable for the compensation.
Article 13. Provision of Substitute Vehicles
① If the company is unable to rent the vehicle reserved by the member due to the company's circumstances, the company may provide a substitute vehicle of the same class. However, if it is not possible to secure a vehicle of the same class, the company may consult with the member and provide a substitute vehicle of a different class.
② When providing a substitute vehicle under Paragraph 1, the service fee of the substitute vehicle shall be applied, which is the lower of the service fee of the reserved vehicle and the service fee of the substitute vehicle.
③ The member may refuse the provision of the substitute vehicle under Paragraph 1, in which case the company shall refund the entire service fee paid by the member.
④ If a substitute vehicle is required due to a malfunction of the vehicle in use, the service fee for the used time shall be settled, and the company may provide a substitute vehicle for the remaining rental period or refund the remaining service fee after consulting with the member.
Article 14. Refueling and Charging of Vehicles
① The driving cost (hereinafter referred to as "mileage fee") incurred due to the member's vehicle operation is calculated based on the driving distance and is settled and charged at the time of vehicle return according to the mileage fee standard announced at the time of vehicle reservation.
② The mileage fee is announced through the platform, and the member has an obligation to check the fee information in advance to prevent disputes. The mileage fee may be changed with prior notice due to changes in fuel prices, etc.
③ When refueling or charging the vehicle, the member must use the refueling card and charging card designated by the company, and can only refuel or charge the vehicles designated by the company. If the member uses the company's refueling card or charging card for other vehicles or provides it to a third party for payment, the member shall be responsible for all civil and criminal liabilities arising therefrom.
④ If the member is unable to use the refueling card and charging card designated by the company due to unavoidable circumstances, the member must contact the Socar customer center and consult with the company before refueling or charging. The reimbursement of such costs shall be subject to the provisions of Article 16, Paragraph 2 and Paragraph 3 on vehicle management costs and reimbursement.
⑤ To ensure smooth service operation, it is recommended that the vehicle be refueled to at least 25% of the fuel tank capacity upon vehicle return. Except for unavoidable cases, if the refueling amount is significantly insufficient or the low fuel warning light is on upon return, a penalty fee may be charged as it may affect the subsequent operation of the vehicle.
⑥ The member must leave the refueling card and charging card in the designated place inside the vehicle upon vehicle return, and shall be responsible for all civil and criminal liabilities in the event of loss of the refueling card and charging card.
⑦ The member must check the fuel type of the reserved vehicle and refuel accordingly, and shall be responsible for all damages to the vehicle caused by refueling with the wrong fuel type or poor quality fuel.
Article 15. Duty to Inspect and Manage Vehicles
The company regularly inspects and manages all vehicles. However, in the use of the unmanned vehicle rental service, certain obligations and responsibilities regarding vehicle inspection, maintenance, cleanliness, and safe driving are assigned to the members.
① The Company's Obligations
- The company shall provide regular inspection services to vehicles to the greatest extent possible, and if a member requests an inspection and repair of the vehicle for safety reasons, the company shall carry it out promptly.
- When the company discovers any defects in the vehicle's maintenance during the inspection and management process, it shall take measures such as repair or parts replacement, and record and maintain the details.
- If the member contacts or reports under Paragraph 2, the company shall provide appropriate measures and response guidelines to ensure the member's safe use of the service.
- The company installs in-vehicle equipment such as navigation systems, dashcams, and Socar tablets to provide convenience services. If damage occurs due to the malfunction of in-vehicle equipment, the member must notify the company of this fact and report the damage. If the member does not notify, the company may not be able to compensate for the unidentified damage.
② Member's Obligations
- The member must always check the tires, air pressure, engine and brake oil warning lights, and other warning signs of the vehicle, and immediately contact the Socar customer center if there is any unusual occurrence.
- If the member detects any suspicious noise, unstable driving, or other abnormal symptoms not indicated by warning lights during vehicle operation, they must immediately contact the Socar customer center.
- In the event of a breakdown, accident, or other contact during vehicle operation, the member must immediately contact the Socar customer center, regardless of whether the vehicle is damaged, and cooperate with the company's instructions for vehicle inspection and other measures.
- Members cannot arbitrarily obtain in-vehicle equipment such as navigation systems, dashcams, or Socar tablets during service use. If it is unavoidable, the member must consult with the company and follow the instructions.
- From the time the member receives the vehicle until the time it is returned, the member must use and store the vehicle with the due care of a good manager. If the member ignores the occurrence of vehicle abnormalities, damage, or accidents during service use and fails to immediately contact the Socar customer center, the company may request a review of the member's membership and seek compensation for damages.
Article 16. Automobile Maintenance Costs and Reimbursement
① If a member needs to incur automobile maintenance costs, it must be done with the company's approval. If the member directly pays for the appropriate maintenance costs, the company may, after assessing the necessity, amount, and validity of the maintenance costs, reimburse the member for the relevant costs.
② Members must submit receipts or valid supporting documents for automobile maintenance costs. However, if receipts or valid supporting documents are missing, the member cannot receive reimbursement for the relevant costs.
③ The items included in the member's automobile maintenance costs are as follows.
- Refueling
- Replacement of windshield wipers
- Replacement of vehicle bulbs, refilling of windshield washer fluid
- Other parts and consumables
④ When members receive reimbursement for automobile maintenance costs, they can be refunded the actual expenses in accordance with the regulations.
⑤ Members can carry out car washing as needed, and if the member is certified through the means recognized by the company, they can receive corresponding compensation.
Article 17. Measures to be taken upon discovery of vehicle malfunction or breakdown by members
① Members must immediately contact the Socar customer center when problems, breakdowns, or accidents occur during vehicle use, and follow the company's instructions to take appropriate measures.
② When reporting vehicle problems, breakdowns, or accidents, members must provide only factual information. If false information is reported, the report will be invalidated.
③ If the vehicle becomes unusable or requires repair due to defects prior to vehicle handover, the member may receive a replacement vehicle or equivalent measures in accordance with Article 13 (Provision of Replacement Vehicles).
④ While using the company's vehicles, jump-starting other vehicles is generally prohibited. However, if jump-starting is unavoidable, the member must notify the company. Any damage caused by improper jump-starting equipment will be the member's responsibility.
⑤ If a vehicle malfunction or breakdown is caused by the member's intentional act or negligence, the member shall bear the costs of vehicle recovery and repair.
Article 18. Emergency Roadside Assistance Service
① Emergency roadside assistance service refers to the service provided by a contracted company that dispatches personnel to the site to conduct inspections, repairs, accident handling, towing, etc.
② Members can request emergency roadside assistance service through the Socar customer center when a vehicle breakdown or accident occurs.
③ If the emergency roadside assistance service is requested due to the member's fault, an additional service fee may be charged.
Article 19. Accident Handling
① When an accident occurs during the rental period, the member must take the necessary measures under the Road Traffic Act, such as transporting the injured and reporting to the police, and must also follow the procedures below. If the member does not comply with the following provisions without separate consultation, insurance processing may not be possible, so the member must cooperate with each of the following provisions.
- Immediately notify the company of the details and circumstances of the accident.
- Submit documents or evidence requested by the insurance company related to the accident.
- If you need to negotiate or consult with a third party regarding the accident, consult with the company in advance.
- Except for cases where repair is pre-arranged with the company, the vehicle must be repaired at a vehicle maintenance company contracted with the company.
② The member is recommended to use the company's contracted service providers for towing, repair, or other expenses incurred. If the member uses a service provider other than the company's contracted provider, the member must consult with the company and request repair from the confirmed provider.
③ If the member unilaterally uses a service provider other than the company's contracted or agreed provider, there may be restrictions on the reimbursement of the incurred costs.
④ The company and the member must make efforts to resolve the accident, and if they negligently fail to cooperate and cause damage to the other party, they shall be liable for the damage in proportion to their fault.
⑤ If an accident occurs, the member's service use will be restricted until the accident handling is completed. If a criminal investigation or civil/criminal lawsuit is ongoing, the service use will be restricted until the case is concluded.
⑥ The company must notify the member of the estimated accident handling costs and bill the member for the final confirmed costs after the vehicle repair. The company must provide supporting documents for the repair details upon the member's request. The accident handling costs may vary depending on the degree of the member's fault and the type of accident. The company must provide the member's accident history upon request, but is not obligated to provide the full accident history of the vehicle the member has reserved.
Article 20. Insurance subscription, etc
① The company provides members with automobiles subscribed to liability insurance and comprehensive automobile insurance (personal compensation, property compensation, and personal accidents) in accordance with the Automobile Damage Compensation Guarantee Act. In this case, the member becomes the acceptable insurer under the terms and conditions of the comprehensive automobile insurance.
② The company operates a vehicle damage exemption system to compensate for the unexpected financial loss of the member due to the cost of handling the accident on the car in the event of a member's accident.
Article 21. Insurance Processing, etc
① In the event of an accident, a member may be compensated for damages within the scope of coverage of the person, property, and descendants of the comprehensive automobile insurance the company has subscribed to. Provided, That if a member or a driver falls under any of the following grounds in the lease contract and the exemption matters prescribed in the terms and conditions of the comprehensive automobile insurance, he/she shall not be compensated in whole or in part, and shall compensate for all damages incurred to the company at the expense of the member.
1. intentional damage
2. damage caused by an unlicensed driving accident
3. Damage caused by an accident caused by subleasing a car for profit or using it for a fee or price
4. damage caused by the use of a car for criminal purposes
5. damage caused by a drunk driving accident
6. Damage caused by an accident caused by driving while drunk, such as drugs, stimulants, and cineas
7. Damage caused by an accident caused by the use of a motor vehicle for competition, practice, or examination
8. Damage caused by an accident caused by driving a car by a person other than the driver in the lease contract
② In receiving compensation under paragraph (1), members shall pay their own expenses separately to the insurance company if they subscribe to comprehensive automobile insurance and to the company if they subscribe to the vehicle damage exemption system.
③ In the event of an accident that occurs when a member operates without returning the car to the company even after the rental period has ended, the member shall be liable for damages despite the company's comprehensive automobile insurance or vehicle damage exemption system, and in the event of damage to the company due to the accident, the member shall compensate the company for the damage.
Article 22. Burden of damage, etc. on a leave of absence
① When a member repairs a car due to an accident attributable to the member, he/she shall compensate for the compensation for the leave of absence and other expenses incurred during the accident processing period (pulling fee, tolling fee, etc.) in addition to the repair cost.
② When determining the amount of damage to be borne by the members, the company must present objective calculation data taking into account the standard for calculating the compensation fee for vacation or the service fee of the same car.
③ Vacation compensation fee refers to compensation for operating losses incurred during the accident processing period of the car. If the car is damaged or stolen beyond repair, the accident processing period can be charged up to 30 days, taking into account the period required for repair of the car or the time required for re-purchase, registration, and commercialization of the car.
Article 23. Prohibited Acts
① The company is obliged to notify the agency in charge of the use of the motor vehicle for prohibited purposes in accordance with relevant laws.
② Members are prohibited from engaging in any of the following acts during the car rental period, and the member is liable for civil and criminal liability resulting from this.
1. The use of automobiles for automobile transportation business or similar purposes
2. Any act that infringes on the ownership of the company, such as the sale of automobiles, sublease, or provision of collateral
3. The act of falsifying or falsifying a license plate or operating without a license plate
4. Any act of changing or damaging the original state, such as modifying or disassembling automobiles and internal and external parts of automobiles
5. Use of a car for driving practice, various tests, and competitions without obtaining permission from the company
6. Acts equivalent to towing or towing another car using the company's automobile
7. The act of driving to an unlicensed driver or a person other than the driver in the lease contract (excluding the proxy driver if the driver in the lease contract is unable to drive directly due to intoxication, physical injury, etc., and the proxy driver service provider under Article 173 (1) of the Income Tax Act, which has formal proxy driving insurance, is required to drive on behalf of the member)
8. Driving under the influence of drugs, stimulants, cinha, etc
9. Any act of driving that may pose a threat to others or cause damage to a car, such as reckless driving, threatening driving, and drift
10. The act of using similar petroleum products as fuel for automobiles under Article 2, Subparagraph 10 of the Oil and Petroleum Replacement Fuel Business Act
11. an act of violating laws or public order and morals
12. An act that is objectively considered as an act equivalent to each of the above subparagraphs and is likely to damage the vehicle
③ The company recommends the following for the comfortable car experience of the following members. Penalties will be charged in accordance with the provisions of the SoCar Terms and Conditions for Violation, and the members' qualifications for use will be re-examined.
1. Smoking in cars such as cigarettes and e-cigarettes is absolutely prohibited. In addition, similar smoking behaviors reminiscent of smoking, such as vitamin sticks, non-smoking candles, and aroma pipes, are also prohibited.
2. Pets should be moved by a carrier, except for dogs for people with disabilities.
3. Garbage dumping, neglecting, pollution, and odor-causing activities inside the car are prohibited.
④ The Company shall have the right not to provide services to any member who has acted in violation of the provisions of the Agreement or in violation of the above provisions.
Article 24. Violations of Road Traffic-Related Laws
① The member shall be responsible for all civil and criminal liabilities arising from the use of the company's vehicle in accordance with Article 3, Paragraph 2 of the 'Act on Special Cases Concerning the Settlement of Traffic Accidents'.
② The member is obligated to pay all fines and penalties imposed by local jurisdictions, including those related to toll gate violations and late payments.
③ The member must not park the vehicle in no-parking, restricted, or designated parking areas when using or returning the vehicle. If this is violated, the following obligations and responsibilities will arise:
- If it is impossible to use or return the vehicle in a designated parking area, the member must contact the Socar customer center to receive instructions. The member shall be responsible for any loss of the vehicle, damage to third parties, and penalties imposed due to the member's own actions.
- If parking in an area other than a designated parking area poses a risk of damage to third parties, the member must move the vehicle to a designated parking area. If the member is unable to do so, the vehicle may be moved to a designated parking area by a third party.
Article 25. Liability for Compensation
① If a member causes damage to the company or a third party due to an act prohibited under Article 23 or other reasons attributable to the member during the rental period, the member shall be liable for compensating such damage.
② The member shall be responsible for paying any fines or penalties imposed for parking violations and violations of the Road Traffic Act, even after returning the vehicle.
Article 26. Default Charges
① If the company and the member are late in fulfilling their monetary obligations under this agreement, they shall pay default charges calculated at an agreed annual interest rate of 15%.
Article 27. Credit Inquiry
① The company may, with the member's consent, check and confirm the member's credit status through a credit information agency before concluding the reservation.
Article 28. Governing Law and Jurisdiction
① Lawsuits between the company and the 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. If the member's address or residence is unclear, the competent court shall be determined in accordance with the Civil Procedure Act. However, if the debt-credit relationship arises due to the member's fault, the local court where the company's office in charge of the management business is located shall be the competent court.
Addendum
① This agreement shall take effect from May 23, 2024.