【Car rental standard terms and conditions】No. 10064 (revised on October 29, 2021)
Chapter 1: General Provisions
Article 1 (Purpose) These Terms and Conditions relate to the rights and obligations under the rental car rental agreement (hereinafter referred to as the “rental agreement”) between Tamra Rent-A-Car (hereinafter referred to as the “Company”) and the lessee (hereinafter referred to as the “Customer”). It is intended to stipulate matters.
Chapter 2 Rental Agreement
Article 2 (Execution of Reservation)
① A person who intends to rent a rental car (hereinafter referred to as “rental car”) may make a reservation by checking the vehicle type, rental fee, late damages, scheduled rental date, rental location, rental period, return location, driver, and other rental conditions in advance. The company may charge a reservation fee within the range of 10% of the scheduled rental fee.
② When the customer wishes to change the reservation details, he or she must agree with the company in advance.
Article 3 (Cancellation of Reservation)
① If the rental contract is not concluded after 1 hour or more of the scheduled rental time, the reservation is considered canceled. In this case, the deposit will not be refunded.
② If the customer cancels the reservation 24 hours prior to the scheduled rental date due to his or her own circumstances, the full amount of the deposit will be refunded.
③ If the customer cancels the reservation within 24 hours immediately before the scheduled rental date due to his or her own circumstances, the deposit will not be refunded.
④ After receiving the deposit, if the company cancels the reservation or cannot sign a rental contract due to company reasons, the company explains the reason to the customer and pays a double amount of the deposit.
⑤ After making a reservation pursuant to Article 2, if the contract cannot be concluded due to force majeure such as natural disasters, the company will return the reservation deposit to the customer.
Article 4 (Execution of Rental Agreement)
① The conclusion of a rental contract is based on the rental agreement, and the rental agreement must specify the items listed in Article 2, Paragraph 1.
② The company may refuse to conclude a rental contract if the customer falls under any of the following subparagraphs, and in this case, the deposit received will be refunded.
1. If the customer (if a person other than the customer is the driver under the rental agreement, the driver, hereinafter the same in this Article) does not possess a driver's license necessary for driving a rental car or the customer does not cooperate with the company's confirmation of driver's qualifications (provided, however, , The company may determine the customer's age and driving experience in a special contract considering the frequency of accidents and insurance application rates)
2. When identification is impossible or when the company does not respond to questions and data requests
3. When it is judged that the customer is in a drunken state or is addicted to drugs such as narcotics, stimulants, thinners, etc.
4. When the driver determined at the time of reservation is different from the driver at the time of pick-up of the rental car
5. When it is objectively recognized that a car accident was intentionally caused in relation to rental car rental in the past, or that the rental fee, deductible, repair fee, etc. are in arrears.
6. When there has been an act falling under each subparagraph of Article 15 in relation to rental car rental in the past
7. When there is an objective reason to refuse to conclude a rental contract as a matter corresponding to the above
Article 5 (Replacement of rental car)
① If the company cannot rent a rental car of the car type reserved by the customer, it can be substituted with a car rental of a similar car type.
② If the rental fee of the alternative rental car pursuant to Paragraph 1 is higher than the rental fee of the reserved car type, the rental fee of the reserved car type is applied, and if the rental fee of the alternative rental car is lower than the rental fee of the reserved car type, respectively, the rental fee of the alternative rental car is applied.
③ The customer may refuse to rent an alternative rental car pursuant to Paragraph 1, in which case the company will return the full amount of the reservation to the customer.
Article 6 (How to receive fees, etc.)
① In principle, the customer must pay the contracted rental fee in advance. However, the company and the customer may make a separate agreement to pay the rental fee in installments or to pay after use.
②If additional costs other than the rental fee are incurred due to the customer's request, the customer must bear the additional costs.
③ If the customer uses the rental car beyond the rental period, he or she must pay an additional rental fee when returning the rental car.
Article 7 (Termination of rental contract by the company)
① The company may terminate the contract in any of the following cases.
1. When there are objective circumstances that make it difficult to maintain the contract due to the customer's violation of important matters in the contract
2. When the customer's personal information is found to be false at the time of the contract
3. When the rental fee is to be paid in installments and the amount in arrears during the rental period reaches the rental fee for the 2nd period
4. When the driver's license of the customer (if a person other than the customer is the driver under the rental agreement, the driver. Hereinafter the same in this paragraph) is revoked or suspended
5. When a customer causes a traffic accident
6. When a customer drives drunk after renting a car
7. When a customer drives while intoxicated with drugs, stimulants, thinners, etc. after renting a car
8. A person other than the driver stipulated in the lease contract (after the customer is present, the driver stipulated in the lease contract is unable to drive directly due to drunkenness, bodily injury, etc. When the proxy driving service provider is provided) is driving
9. When the prohibited act under Article 15 is committed
② In case the contract is terminated pursuant to Paragraph 1, the company shall pay the rental fee (referring to the fee actually paid by the customer) to the customer after deducting 10% of the rental fee for the remaining period, and the customer shall return the rental car. .
Article 8 (Cancellation of Rental Contract by Customer)
① When the customer cannot use the rental car due to a defect prior to delivery of the rental car, he or she may take action pursuant to Article 20, Paragraph 3 or cancel the rental contract.
② If the rental contract is terminated pursuant to Paragraph 1, the company returns the entire rental fee received to the customer.
③ The customer may terminate the rental agreement by agreement with the company even during the rental period.
④If the rental contract is canceled due to the customer's circumstances, the customer must pay 10% of the rental fee for the remaining period to the company. However, in the case of a long-term contract of 6 months or longer, the company and the customer may separately agree on a fee for early termination in consideration of the company's loss.
⑤ In the event of an accident or breakdown of the rental car due to reasons attributable to the customer, the customer may compensate the company for the damage and terminate the contract.
Article 9 (Termination of rental contract due to force majeure)
① During the rental period, if the customer is unable to use the rental car due to natural disasters, war, civil war, incidents, riots, riots, or other force majeure reasons, the rental contract is terminated, and the customer must notify the company of this fact.
② If the rental contract is terminated in accordance with Paragraph 1, the company returns the remaining amount after deducting the rental fee received until the rental contract is terminated to the customer.
③ If the customer is unable to return the rental car due to the reason in Paragraph 1, the company cannot claim compensation for damages caused by the customer. However, the customer must immediately contact the company and cooperate with the company's request if the reason in paragraph 1 occurs.
④ If the company cannot rent a rental car or provide an alternative rental car due to the reason in Paragraph 1, the customer cannot claim compensation for damages caused by this to the company.
Article 10 (Change of Rental Conditions)
① If the customer intends to change the rental conditions after signing the rental agreement, the company must obtain prior approval.
②If the customer intends to extend the rental period, he or she must pay the rental fee corresponding to the new rental period.
③ The company may not accept the change if it is difficult to perform the work according to the changed rental conditions.
Chapter 3 Insurance and Inspection, etc.
Article 11 (Insurance, etc.)
① The company rents a rental car that is subscribed to liability insurance and comprehensive automobile insurance (personal compensation, property compensation, personal injury) in accordance with the Automobile Damage Compensation Guarantee Act. In this case, the customer becomes an accepted insured under the terms and conditions of automobile insurance.
② In order to reduce damages in the event of a vehicle accident, customers can choose to subscribe to either insurance for damage to their own vehicle or a vehicle damage waiver system operated by the company to protect customers.
③ The company must explain to the customer the details of insurance and the guaranteed amount when concluding the contract.
Article 12 (Preparation of checklist, etc.)
① The company, along with the customer, conducts daily inspections, body appearance, loading of basic tools, amount of fuel (including electricity and hydrogen, the same as below), tires, wipers, lights, side mirrors, windows, and seat belts according to the checklist in the attached table together with the customer. After checking the back, we deliver the rental car.
② If the company discovers the amount of maintenance of the rental car during the inspection before delivery of the rental car or the inspection conducted by the company on a daily basis according to paragraph 1, the company must take measures such as repair or replacement of parts, record and maintain the contents, and the customer If this request is made, the time and details of the action will be made available to the customer.
Chapter 4 Responsibilities
Article 13 (Customer's Inspection Obligation)
① The customer must check the condition of the exterior of the car body and tires before using the rental car during the rental period and the condition of the engine after starting.
② The customer must notify the company immediately if an abnormality is found as a result of the inspection in Paragraph 1.
③ The customer actively complies with the company's request for cooperation in carrying out periodic inspections, comprehensive automobile inspections, or corrective measures (recall) for automobile defects in accordance with the [Automobile Management Act].
Article 14 (Customer's Management Responsibility) The customer must use and store the rental car by fulfilling the duty of care of a good manager from the time the rental car is delivered to the time it is returned to the company.
Article 15 (Prohibited Acts) Customers shall not engage in any of the following acts during the rental period.
1. An act of using a rental car for automobile transportation business or similar purposes
2. Any act that infringes on the ownership of the company, such as selling, subletting, or providing security for a rental car
3. An act of changing the original state of a rental car, such as counterfeiting or altering the license plate of a rental car or remodeling a rental car
4. Using a rental car for driving practice and various tests and competitions without obtaining permission from the company, or towing another car, or equivalent to towing
5. An act of using in violation of laws or public order and morals
6. A person other than the driver specified in the rental agreement (except for a surrogate driver service provider pursuant to Article 173, Paragraph 1 of the [Income Tax Act] because the driver specified in the rental agreement is unable to drive directly due to reasons such as drunkenness or bodily injury after the customer has rented the vehicle ) or the act of having an unlicensed person drive
7. Drunk driving or driving under the influence of drugs such as narcotics, stimulants, thinners, etc.
8. Act of using similar petroleum products as fuel for a rental car pursuant to Article 2, Subparagraph 10 of the Petroleum and Petroleum Alternative Fuel Business Act
9. An act that is subject to any of the above and may cause damage to the rental car when viewed objectively.
Article 16 (Compensation Liability)
① The customer is responsible for compensating for the damage caused to the company or a third party during the rental period due to an act falling under Article 15 or other reasons attributable to the customer.
② Fines and fines imposed by the customer for parking and stopping violations and violations of traffic laws during the rental period must be paid even after returning the rental car.
Chapter 5 Car Accident Measures, etc.
Article 17 (Act Handling)
① When an accident occurs while renting a rental car, the customer must take measures according to the Road Traffic Act, such as evacuation of the injured and report to the police, and must deal with the following items.
1. Immediately notify the company of the accident situation, etc.
2. Submission of documents or evidence requested by the insurance company in relation to the accident
3. In case of agreement or consultation with a third party in relation to an accident, consult with the company in advance
4. Except for special reasons, the repair of the rental car is requested from a factory determined through consultation with the company or a comprehensive automobile maintenance company stipulated in the Automobile Management Act.
② In the case of repairing a rental car in accordance with Paragraph 1, Item 4, the company notifies the customer of the estimated cost in advance, and charges the customer for the cost incurred after the repair. In this case, the company provides proof of repair details (pre-repair maintenance estimate, post-repair maintenance statement) upon request by the customer.
③ The company may request the submission of vehicle maintenance details if the customer has repaired the vehicle in consultation with the customer.
④ The customer violates any of the subparagraphs of Paragraph 1 or moves, tows, or repairs the rental car to a place not agreed with the company, resulting in disruption to the rental car operation, so the customer must bear the additional cost incurred by re-repair. do.
⑤ The company and the customer must make efforts to resolve the accident, and if damage is caused to the other party due to negligence in cooperation, the company is responsible for compensating for the damage according to the cause attributable to it.
Article 18 (Insurance processing, etc.)
① In the event of an accident, the customer can be compensated for damages within the scope of the auto insurance contracted by the company, self-vehicle damage insurance pursuant to Article 11, Paragraph 2, or the vehicle damage waiver system. However, if the customer or the driver in the rental agreement falls under any of the following reasons, and if it falls under the disclaimer stipulated in the automobile insurance agreement, some or all of it will not be compensated.
1. Intentional damage
2. Damage caused by an accident while driving without a license
3. Damage caused by an accident while subletting a rental car for profit or using a rental car in exchange for a fee or payment
4. Damage caused by using a rental car for criminal purposes
5. Damage caused by a drunk driving accident
6. Damage caused by an accident while driving while intoxicated with drugs, stimulants, thinners, etc.
7. Damage caused by an accident while using the rental car for competition, practice, or testing
8. A person other than the driver specified in the rental agreement (except for a surrogate driver service provider pursuant to Article 173, Paragraph 1 of the [Income Tax Act] because the driver specified in the rental agreement is unable to drive directly due to reasons such as drunkenness or bodily injury after the customer has rented the vehicle damage caused by an accident while driving a rental car
② In receiving the compensation under Paragraph 1, the customer is liable for damage to the rental car to the insurance company (if the customer is subscribed to the vehicle damage insurance) or the company (if the customer is subscribed to the vehicle damage waiver system) in case of an accident caused by a cause attributable to the customer. You must pay a separate deductible for this. However, if the customer subscribes to the vehicle damage waiver plan, the customer's self-pay (excluding the damage incurred by the customer pursuant to Article 19) is limited to the actual repair cost for the rental car.
③ If the customer does not subscribe to the vehicle damage insurance or the vehicle damage waiver system in Article 11, Paragraph 2 and the vehicle is damaged due to an accident, the customer must compensate the company for damages based on the standard value of the vehicle at the time of the accident.
④ If the amount guaranteed by the vehicle damage insurance or vehicle damage exemption system in Article 11, Paragraph 2 is less than the amount of the customer's liability, the customer shall bear the shortfall.
⑤ Despite the termination of the rental contract, if the customer fails to return the rental car to the company and drives the car, the customer is liable for damages despite the company's auto insurance, and if the accident causes damage to the company, the customer The company must be compensated for the damage.
Article 19 (Burden of Loss from Bus Stop, etc.)
① In the case of repairing a rental car due to an accident attributable to the customer, the customer must compensate for the business damage during the repair period, and if the rental car is damaged beyond repair or stolen, You must bear the damage.
② When the company determines the amount of damage to be borne by the customer pursuant to Paragraph 1, the company must present objective calculation data that takes into consideration the rental fee of the same type of vehicle.
③ If the company does not present objective calculation data pursuant to Paragraph 2, the customer must pay 50% of the rental fee for the period required for repair or repurchase and registration. At this time, the rental fee is calculated based on the daily rental fee (referring to the fee actually paid by the customer) corresponding to the period required for repair or repurchase and registration.
Example) If a customer rents a car and damages the rental car in an accident caused by a cause attributable to the customer while driving, and it takes 10 days to repair the car, the customer must bear the amount of recall that the customer must bear in accordance with Article 19, Paragraph 3 above. Operating losses are as follows:
Operating loss of the company (loss from loss) = 50% of [KRW 73,000 (daily rental fee for rentals of 7 days or more) x 10 (repair period) = KRW 730,000] = KRW 365,000
※ Company A car rental fee (home)
º Rental period 1~2 days: Daily rental fee 91,000 won
º Rental period of 7 days or more: Daily rental fee of KRW 73,000
Article 20 (Measures in case of finding an abnormality or malfunction of the rental car of the customer) ① When the customer discovers an abnormality or malfunction of the rental car while renting, he or she must contact the company and discuss the direction of handling it.
② In the event of an abnormality or breakdown of the rental car due to the customer's intention or negligence, the customer must bear the cost of taking over and repairing the rental car.
③ When the rental car becomes unusable or requires repair due to a defect prior to delivery of the rental car, the customer may provide an alternative rental car from the company or take measures equivalent thereto.
④ If the company cannot take the measures specified in paragraph 3, it will return the rental fee to the customer and bear the expenses necessary for collecting the rental car.
Chapter 6 Return
Article 21 (Time to return the rental car, etc.) The customer must return the rental car to the company at the end of the contracted rental period or at the time of early termination of the rental contract.
Article 22 (Confirmation of rental car, etc.)
①When returning a rental car to the dealership, the customer must return it in the same condition as confirmed at the time of pick-up, except for wear and tear caused by normal use.
② When returning a rental car, the company checks the condition of the rental car in the presence of the customer.
③ When the company returns the rental car, it checks whether or not the customer or the passenger's belongings remain in the rental car in the presence of the customer.
④ The company and the customer mutually settle the fuel charge for the excess or deficiency of the remaining fuel amount when returning or collecting the rental car. To this end, if the amount of fuel when the customer returns the rental car is less than the amount of fuel at the time of rental, the company may request a fuel charge for the shortfall, and if the amount of fuel at the time of return exceeds the amount of fuel at the time of rental, the company may request the excess amount You can ask the company to pay for fuel. However, for the convenience and accuracy of fuel settlement, if the company delivers the fuel tank with 100% fuel, the customer returns the fuel tank with 100% fuel.
Article 23 (Rental car return location, etc.)
① The customer must return the rental car at the agreed return location. However, if the return location is changed pursuant to Article 10, Paragraph 1, it must be returned at the changed return location.
②If the return location is changed due to the customer's circumstances and additional costs are incurred for collecting the rental car, the customer must bear the cost.
Article 24 (Measures for non-return of rental car)
① The company may take all necessary legal measures to recover the rental car and compensate for damages when the customer does not return the rental car to the return location or does not respond to the company's request for return even after 24 hours from the end of the rental period.
② In the case of Paragraph 1, the company may call or visit the address of the customer to confirm the location of the rental car, conduct a listening survey with family members and relatives living together, and take necessary measures such as the operation of the vehicle location information system. can be taken However, when the company rents a car that can check vehicle location information when renting a car, it must notify the customer and receive confirmation.
③ In spite of the measures in Paragraph 2, the company may take necessary measures such as reporting theft if the whereabouts of the rental car and the customer are unknown even after 7 days have passed since the end of the rental period. In this case, the company must prove that the whereabouts of the rental car and the customer are unknown even though the company has taken measures according to paragraph 2.
④ The customer shall be responsible for compensating for damages caused to the company in the case of paragraphs 1 to 3, and shall bear the expenses incurred in collecting the rental car and verifying the whereabouts of the customer and driver.
⑤ In order to prevent the same or similar damages caused by contract violations by customers who fall under any of the following subparagraphs, the company provides a separate "Consent to Use Personal Information" that states the purpose of collection and use, collection items, retention and use period, etc. at the time of contract. Personal information can be provided to business operators and business organizations of the same type only when damage occurs after obtaining consent to the separate "Consent to Provision to Third Party", which describes the recipient of personal information, purpose, items, retention and use period, etc. there is.
1. In case the customer does not return the rental car without a justifiable reason despite the company's request to return the rental car, or does not return the rental car within business hours the next day from the date of return of the rental car without being contacted
2. If the customer is in arrears in rental fee and the company continues to be in arrears even though the company has demanded payment more than twice for a considerable period of time, except when there are unavoidable reasons for the customer.
3. In case of illegal sale or modification of the rental car
4. In case of using for illegal activities such as counterfeiting license plates or using them for crimes
5. In the case of any act that infringes on the ownership of the company, such as subletting, providing security, or selling the rental car
6. When used for escape or similar purposes after a traffic accident
7. In the case of using a rental car for automobile transportation business or similar purposes
8. If an accident occurs while a person other than the driver specified in the rental agreement or an unlicensed driver is driving
9. In case the rental car is used for driving practice, various tests and competitions
10. In case of towing another vehicle or performing an act equivalent to towing
11. In the case of causing significant damage to the company by acts corresponding to each of the above
⑥ In order to collect fines and fines imposed by customers for violations of parking and stopping and violations of traffic laws during the rental period, the company provides a separate "Consent to Use of Personal Information" stating the purpose of collection, use, collection items, retention and use period, etc. at the time of contract. Provide personal information to the subject of fines and fines, such as the state or local governments, after consenting to the separate "Consent to Provision to Third Parties", which describes the recipient of personal information, purpose, items, retention and use period, etc. You can.
⑦ The company cannot use the customer's information provided in accordance with paragraphs 5 and 6 for a purpose other than the purpose agreed to by the customer.
⑧ If the company intentionally or negligently causes damage to the customer in the process of handling the business pursuant to paragraphs 1 to 7, the company shall be liable for compensation.
Chapter 7 Supplementary Provisions
Article 25 (Delay Damages) The company and its customers must pay delay damages according to the commercial statutory interest rate in case of delay in fulfilling monetary obligations under these Terms and Conditions.
Article 26 (Detailed Rules of Contract) The company may establish detailed rules stipulating the details for easy understanding by customers within the scope of these terms and conditions.
Article 27 (Credit Inquiry) The company may inquire and confirm the customer's credit status through a credit consolidation agency prior to signing a rental contract with the consent of the customer.
Article 28 (Competent Court) In the event of a legal dispute arising out of the interpretation of these terms and conditions and the rental agreement based thereon, the lawsuit shall be brought to the competent court under the Civil Procedure Act. However, if the company and the customer agree on the competent court, it will be followed.