Rental Agreement Terms

 

1. Purpose of Terms

The purpose of this term is to set out the rights and obligations regarding the car rental agreement between a leaser JEJU ONE RENT-A-CAR Pty. Ltd. (hereinafter referred to as the "the company") and the lessee (hereinafter referred to as the "the customer").

 

2. Rental Agreement

2.1. Reservation Conclusion

① The customer who would like to rent a car should make a reservation after confirming car type, rental fee, late fee, rental period, prick-up and return places, driver requirement and so on.

② The customer must notify the company at least 24 hours before the pick-up time if the customer modifies the reservation.

2.2. Rental Agreement Conclusion

① A conclusion of rental agreement is based on a rental contract paper.

② The company is allowed to deny a conclusion of rental agreement by following reasons;

a. The customer does not have a valid driver license in South Korea.

b. The customer refuses to provide valid documents for identification.

c. The customer is addicted by alcohol or drug.

d. A driver is not specified.

e. The customer has unpaid records regarding rental fees, traffic fines and so on.

f. There are issues as a matter equivalent to the above reasons.

 

2.3. Replacement of Vehicle

① The company may replace the vehicle as an equivalent car model to the customer.

② The company provide a replaced vehicle as same price if the price of the replaced vehicle is higher than that of reserved one.

③ The customer is able to deny receiving the replaced vehicle. In this case, all the paid amount will be refunded to the customer.

2.4. Payment

① Basically, all the fees must be paid when the customer collect a vehicle.

② The customer has a responsibility to pay extra fees if the customer request extra items.

③ The customer has a responsibility to pay extension fees for an overuse when the customer drop-off the vehicle.

2.5. Termination of Rental Agreement by the Company

① The company may terminate the rental agreement by following reasons;

a. The customer violate the terms of rental agreement.

b. False information of drivers.

c. Unpaid amount of the fee exceeds as twice as higher than the initial rental fee.

d. Revocation or suspension of driver license of the customer.

e. Accident happens due to the customers’ fault.

f. Drunk or drug driving.

g. Unregistered drivers drive the vehicle.

② The customer must return the vehicle immediately after the termination of rental agreement.

2.6. Termination of Rental Agreement by the Customer

① The customer may terminate the rental agreement by following reasons;

a. Fault or defect of the vehicle before collecting.

b. Mutual agreement between the company and the customer.

② The customer should pay 10% of rental fee to the company if the customer would like to terminate the rental agreement without reasonable reasons.

2.7. Termination of Rental Agreement due to Force Majeure

① If the customer is not able to use the vehicle due to natural disaster, war or rebellion, the customer should notify it to the company immediately. Then, the rental agreement will be terminated.

② The company should refund the amount for unused period to the customer.

③ The customer has no responsibility for any loss due to the reasons in paragraph 2.7

④ The company has no responsibility for any loss due to the reasons in paragraph 2.7

2.8. Changes of Rental Conditions

① The customer should get approved from the company if the customer would like to change the rental conditions.

② The customer should pay an extension fee if the customer extends a rental period.

③ The company may not agree to change the rental conditions.

 

1. Insurance and Maintenance
   1. Insurance

• The company should provide a vehicle that is joined a comprehensive insurance (third party liability, property damage, personal injury) to the customer.
• The customer may join Collision Damage Waiver (CDW) coverage option to reduce or remove the customer’s financial responsibility for the damage of the vehicle itself.

3.2. Maintenance

① The company should conduct the daily inspection, the body appearance, the loading of basic tools, the amount of fuel by the checklist attached to the rental contract with the customer. It may replace by the online contract.

• If the company finds any fault of the vehicle, it should be fixed immediately and kept by the maintenance records.

 

2. Liability

4.1. Liability of Inspection by the customer

① The customer has a responsibility to check and maintain the vehicle conditions during rental period.

• If the customer finds a problem regarding vehicle, the customer should notice it to the company immediately.
• Customer should co-operate the regular inspection of the vehicle.

4.2. Liability of Maintenance by the customer

The customer should maintain the initial condition of the vehicle until the customer returns it.

4.3. Prohibition

Following activities are prohibited;

• Using the vehicle as a commercial purpose.
• Any activity that violates the company’s ownership such as sale, rental or mortgage of the vehicle
• Forgery or alteration of the license plate
• The use of a rental car for driving training, various tests and games, towing other cars without the permission of the company.
• Used in violation of laws or public order and morals
• Unlicensed and unregistered driving
• Drunk or drug driving
• Use of quasi-petroleum products as a fuel
• Any activity may objectively damage the vehicle.

4.4. Compensation Liability

① The customer is responsible for reimbursement of damages to the company or a third party due to the customer's responsible reasons during rental period.

② Penalties imposed by the customer for parking and traffic violations during the rental period must be borne even after the rental car is returned.

 

3. Accident

5.1. Obligation of customer in accident

① When an accident occurs while renting a car, the customer should take measures in accordance with the Road Traffic Act, such as evacuation of the injured and report to the police station, and handle them as prescribed in the following subparagraphs.

a. Immediately notify the company of accidents.

b. Submission of documents or evidence requested by the insurance company in relation to the accident.

c. In case of agreement or consultation with a third party in relation to an accident, consultation with the company in advance.

d. Unless otherwise specified, the rental car should be repaired by a factory or a car maintenance company prescribed by the Automobile Management Act.

② The company will notify the customer of the estimated cost in advance when repairing a car in accordance with paragraph ①, and bill the customer for the cost after the repair.

③ The customer shall bear any additional costs incurred by the rehabilitation, such as causing a disruption in the operation of the rental car by moving, towing, or repairing the rental car to a place where the customer violates any one of the subparagraphs of Paragraph ① or is not negotiated with the Company.

④ The company and the customer shall endeavor to resolve the accident, and in case of damage to the other party by neglecting cooperation, the company and the customer shall be responsible for reimbursement of the damage according to the fault.

5.2. Insurance Treatment

① In the event of an accident, the customer may be compensated for damages within the scope of the Collision Damage Waiver and the own vehicle damage insurance or vehicle damage indemnity insurance system under Article 11 (2). However, in the event of any damages caused by the customer or the driver in the lease contract for any of the following cases, and indemnity set forth in the automobile insurance policy, some or all of them shall not be compensated.

a. Intentional accident

b. Unlicensed driving

c. Use of commercial purpose

d. Use of criminal purpose

e. Alcohol driving

f. Drug driving

g. Use for competition, practice or test

h. Unregistered driving

② In case of accidents caused by the customer's fault, the insurance company should be paid to the insurance company in case of auto insurance and self-injury insurance, and to the company in case of indemnity insurance system.

③ If the vehicle is damaged due to an accident without the customer's own car insurance or Collision Damage Waiver, the customer shall reimburse the company for damages based on the standard value of the vehicle at the time of the accident.

• If the coverage limit of own vehicle damage insurance or Collision Damage Waiver system is less than the customer's liability, the shortage shall be borne by the customer.
• The customer is fully responsible for accident after scheduled drop-off time.

5.3. Business Loss Cost

① If the accident occurs due to customer’s fault, the customer is responsible for business loss cost during repair period. If the car is damaged or stolen to the extent that it cannot be repaired, the customer is responsible to bear business damages for the time required to repurchase and register the car.

② An amount of business loss cost is based on 50% of the rental fee per day.

5.4. Responsibility of customer in vehicle fault

① The customer should notify the company immediately if the customer finds a vehicle fault.

② If the fault is caused by the customer, the customer is responsible to repair it.

③ If the fault occurs before pick-up the vehicle, the company should replace the vehicle or refund the unused amount.

4. Return of vehicle

6.1. Return time

The customer should return the vehicle on scheduled return time.

6.2. Vehicle inspection

① The customer should return the vehicle as same condition when the customer pick-up the vehicle.

② The company inspects the vehicle status with the customer when return.

③ The company checks the personal belongings of the customer when return.

④ The customer should fill the fuel tank as same when pick-up.

6.3. Return place

① The customer should return the vehicle to assigned location.

② If the customer request to return the vehicle to not-assigned location, the customer should pay for it.

6.4. Treatment for unreturned vehicle

① If the vehicle is not returned after 24 hours for the scheduled return time, the company may start a legal action to find the vehicle

② The company may call the customer or visit the address, listen to the family and relatives who live with you, and take necessary measures such as the operation of the vehicle location information system. However, when renting a car, the company shall notify the customer of the fact and obtain confirmation when renting a car that can check the vehicle location information.

③ After 7 days from the end of the rental period, if the rent-a-car and the customer's location are unknown, the company may take necessary measures such as theft report. In this case, the company must prove that the rental car and the customer's location are unknown.

④ The customer is responsible for all the costs of actions in ①, ② and ③.

⑤ In order to prevent the same or similar damages caused by the customer's breach of the contract which falls under any of the following subparagraphs, the Company shall provide a separate “Personal Information Agreement” indicating the purpose of collection and use, collection items, retention period, etc. Personal information can be provided to business operators and business groups only when damage occurs due to the consent of a separate “third party provision agreement” that describes the person receiving the personal information, purpose, items, retention and use period.

a. The customer does not return the vehicle after 24 hours of the scheduled drop-off time.

b. Overdue amount exists

c. Illegal sale or modification of the vehicle

d. Use of criminal purpose

e. In case of any act that violates the company's ownership

f. Hit and run accident occurs

g. Use of commercial purpose

h. Unlicensed or unregistered driving

i. Use of competition or test

j. Use of towing another vehicle

k. In case of significant damage to the company

⑥ The company may not use the customer's information provided in accordance with ⑤ for purposes other than those agreed to by the customer.

⑦ If the company intentionally or negligently damages the customer in the course of doing business, the company shall be liable for compensation.

 

7. Supplement

7.1. Delayed fee

The Company and the Customer shall pay delayed fee according to the Commercial Statutory Interest Rate when delaying the performance of the monetary obligations under these Terms and Conditions.

7.2. Bylaws

The customer may set bylaws.

7.3. Credit inquiry

The company may request the customer’s credit status under the customer’s agreement.

7.4. Jurisdiction Court

In the event of a legal dispute relating to the interpretation of these Terms and the rental agreement thereon, the lawsuit shall be brought to the competent court under the Civil Procedure Law. However, if the company and the customer make a commitment to the jurisdiction, they will comply.

 

8. Special contract

8.1. The company may flexibly manage rental fees for the customer