PM rental terms and conditions

PM rental terms and conditions

 

Article 1 (Purpose)

The purpose of these Terms and Conditions is to stipulate matters concerning the rights and obligations of the Company and Members under the Personal Vehicle Rental Agreement.

 

Article 2 (Definitions)

(1) Terms used herein shall be defined as follows.

1. "Company" refers to THE SWING Co., Ltd.

2. "Member" refers to any person who has completed normal membership registration in accordance with the Company’s Terms and Conditions or any person who intends to rent a personal vehicle through the Services.

3. "Personal Vehicle" refers to any means of transportation propelled by human power or external power, such as electric kickboards, electric bicycles, and mopeds, provided by the Company.

4. "Rental Agreement" refers to an agreement by which the Company rents Personal Vehicles to Members through the Services.

5. The "Services" refer to the SWING services provided by the Company through an application.

(2) Any terms used herein but not defined in this Article shall have the meanings ascribed to them in the "In dividual Terms," "Individual Policies," or general commercial practices.

 

Article 3 (Interpretation of the Terms and Conditions)

(1) The Company may have Individual Terms and Individual Policies for the Services it provides. If the contents of such terms or policies conflict with these Terms and Conditions, the Individual Terms and Individual Policies shall prevail.

(2) Any matter not provided in these Terms and Conditions, Individual Terms, and Individual Policies shall be decided as set forth in applicable laws and regulations or commercial practices.

(3) With respect to the use of Personal Vehicles, these Terms and Conditions shall prevail over THE SWING Terms of Service.

 

Article 4 (Qualification for Use of Personal Vehicles)

(1) Members shall be obligated to comply with the Individual Terms, Individual Policies, and other regulations consented by such Members, upon their registration of membership or use of the Services.

(2) According to the qualification criteria to use Personal Vehicles provided by the Company, Members shall have a Driver’s License or a motorized bicycle license (hereinafter collectively referred to as "Driver’s Licenses"), and the Company, at its discretion, may check whether a Member holds a Driver’s License; provided that, the qualification criteria may vary depending on the Services provided and the Company’s operational policy.

(3) In the event of any issues, such as suspension, revocation, or misinformation, with the Driver’s License held, registered, or provided by a Member, the Member shall be prohibited from using any Personal Vehicle until such issue is resolved. Any Driver’s License issues shall be immediately notified to the Company Customer Center and Members shall bear all liability arising out of operating any Personal Vehicle without a license and without notifying the Company.

(4) The Company may check or verify the identity of any Member by appropriate means selected by the Company.

(5) Third parties shall be prohibited from using the personal information of Members.

(6) Any third party other than the Member renting a Personal Vehicle shall be prohibited from operating that Personal Vehicle, and all liability arising therefrom shall be borne by the Member renting the Personal Vehicle and the third party operating such vehicle.

 

Article 5 (Information Collecting Device for Personal Vehicles)

For the efficient operation of the Services, the Company may rent Personal Vehicles having a "Location Information Collection Device" installed therein, for the following purposes; provided, that the Company may rent Personal Vehicles not equipped with Location Information Collection Devices, if necessary.

(1) Driving Information Collection Device

1. "Driving Information Collection Device" refers a communication terminal that transmits driving information of a Personal Vehicle, such as its return location and total accumulated mileage, to the Company’s server.

2. Data collected through the Driving Information Collection Device may be used for purposes such as managing and protecting Company assets, checking whether Personal Vehicles have been returned, billing based on mileage, and verifying accident information in the event of an accident.

3. The Company may collect, use, and provide the location information of Personal Vehicles within the scope of the following purposes: (i) when it is necessary for collecting a Personal Vehicle due to a breach of contract by a Member, such as failing to return a Personal Vehicle, or for implementing or resolving a dispute regarding a Personal Vehicle Rental Agreement, (ii) when the Company is required to cooperate with or carry out lawful requests or orders from investigative agencies, and (iii) in other cases where a Member has separately consented to the collection, use, and provision of location information.

4. Pursuant to Article 15 of the Act on the Protection and Use of Location Information, in the event of an emergency rescue request from an imminent danger, the location information of a Member may be provided to an emergency rescue agency without his/her consent.

 

Article 6 (Execution of Personal Vehicle Rental Agreement)

(1) Members may immediately apply for a Rental Agreement through the Services.

(2) Members who intend to use a Personal Vehicle may in advance check on the Company’s Services the Services fee standards and other terms and conditions under the agreement including location information of Personal Vehicles.

(3) The execution of a Rental Agreement shall take place via electronic document by scanning the QR code through the Services, and a Rental Agreement shall be executed upon the Company’s acceptance of the application therefor submitted by Members. The Company may provide Members with an expression of consent as deemed appropriate.

(4) The Company shall explicitly state these Terms and Conditions to Members upon membership registration and obtain their consent. Upon the consent of Members, these Terms and Conditions shall be given contractual effect between the Company and Members, and shall automatically apply each time a Member concludes a Rental Agreement with the Company, without separate notice or consent process. Members may check the latest version of these Terms and Conditions on the Company website and within the Services at any time, and may cease the use of Personal Vehicles or withdraw from membership at any time when they no longer wish for these Terms and Conditions to apply. In addition, the Company may explain or explicitly state in advance safety rules or precautions regarding the use of Personal Vehicles when executing a Rental Agreement, in which case Members may use Personal Vehicles only upon their consent to such rules or precautions. Members shall guarantee that their consent to safety rules for Personal Vehicles is accurate and truthful, and shall be fully liable to indemnify the Company for any damage caused by their violation of such rules.

(5) The terms and conditions of the Rental Agreement concluded through the Services may be used for the purposes of submitting to insurance companies in the event of an accident or providing a statement of opinion to competent authorities in the event of a fine or penalty.

(6) The Company may refuse to execute a Rental Agreement when a Member falls under any one of the following:

1. When the Driver’s License held, registered, or submitted by a Member is suspended or revoked, holds misinformation, or is defective otherwise;

2. When the identity of a Member cannot be verified or a Member does not respond to the Company’s request for information or materials;

3. When a Member is deemed inebriated or intoxicated by drugs such as narcotics, stimulants, and thinners;

4. When the Member who executed a Rental Agreement is not the same person driving the Personal Vehicle;

5. When there is an overdue fee, etc., in relation to the Company’s Service used in the past;

6. When a Member has committed any one of the acts under Article 19 (2) in the past in relation to renting a Personal Vehicle; and

7. When there are objective grounds for the Company to refuse to conclude a Rental Agreement for reasons equivalent to the above.

 

Article 7 (Modification or Cancellation of Rental Agreement)

(1) In the event a Member wishes to modify or cancel a Rental Agreement, he/she shall consult with the Company in advance, in the absence of which measures shall be taken in accordance with the provisions under this Article and the Terms and Conditions of Use.

(2) In the event a Rental Agreement is cancelled or terminated for causes attributable to the Member or under Article 8, a fee (hereinafter "Cancellation Fee") may be incurred depending on the timing of such cancellation or termination, in which case the Cancellation Fee shall be determined based on the Service fees notified at the time of the Agreement with the Member in accordance with the policy notified in advance by the Company.

 

Article 8 (Termination of Rental Agreement by Company)

(1) In the event of any one of the following, a Rental Agreement may be terminated by notification to the Member:

1. When there are reasonable grounds not to maintain the Rental Agreement due to any breach of the Agreement by the Member;

2. When personal information of the Member provided at the time of the Rental Agreement is verified to be false;

3. When the Driver’s License of the Member is cancelled or revoked;

4. When the Member has caused a traffic accident;

5. When the Member has driven under the influence after renting a Personal Vehicle;

6. When the Member has driven while intoxicated with narcotics, including drugs, stimulants, and thinners, after renting a Personal Vehicle;

7. When the Personal Vehicle was driven by a third person other than the Member who had signed the Rental Agreement; and

8. When the Member has committed any one of the acts prohibited under Article 19.

(2) In the event a Rental Agreement is terminated due to any of the reasons listed in the subparagraphs under Paragraph 1, the Company may charge a Cancellation Fee in accordance with Article 7, depending on the timing of such termination. When a Member is in the middle of driving a Personal Vehicle at the time of the termination, he/she shall return the Personal Vehicle immediately upon being notified by the Company.

(3) In the event the Company incurs any damage due to the termination of a Rental Agreement, compensation for damages may be charged.

 

Article 9 (Termination of Rental Agreement by Member)

(1) In the event a Member is unable to use a Personal Vehicle due to a preexisting defect from before product delivery, he/she may immediately stop the use of the Personal Vehicle and terminate the Rental Agreement.

(2) In the event a Rental Agreement is terminated under Paragraph 1 and the Member’s grounds for the termination is deemed justifiable, the Company shall return the full amount of the paid Service fee to the Member.

(3) In the event a Rental Agreement is terminated due to causes attributable to the Member, provisions under Article 7 and the Terms and Conditions of Use regarding termination and modification of contract shall be followed.

(4) In the event of an accident, damage, or breakdown of a Personal Vehicle due to causes attributable to a Member, he/she shall be liable for compensating the Company for the damages incurred, and the Rental Agreement may be terminated.

 

Article 10 (Termination of Rental Agreement by Force Majeure)

(1) In the event a Member is unable to use the Personal Vehicle during the rental period due to force majeure events such as natural disasters, wars, civil wars, incidents, riots, and disturbances, the Member may terminate the Agreement.

(2) In the event a Rental Agreement is terminated pursuant to Paragraph 1, the Company shall charge the Member the full amount of Service fees until the date on which the Personal Vehicle could actually be used.

(3) When a Member is unable to return a Personal Vehicle due to causes under Paragraph 1, the Company cannot claim compensation for damages against the Member; provided that, in the case of a cause under Paragraph 1, a Member shall notify the Company without delay and cooperate with the Company’s requests.

(4) In the event the Company is unable to rent Personal Vehicles due to causes under Paragraph 1, Members may not claim compensation for damages incurred against the Company.

 

Article 11 (Pick-up and Return of Personal Vehicles)

(1) Upon executing a Rental Agreement, Members shall pick up the Personal Vehicle in person from its location.

(2) Prior to driving the Personal Vehicle, Members shall check that there are no discernible problems with the tires, steering wheel, lights, frames, battery capacity, and other mechanical issues. In addition, Members shall apply the brakes before driving and again immediately after driving to ensure that the brakes are working properly, and should stop or not start driving the Personal Vehicle if there is any problem with the brakes.

(3) Personal Vehicles shall be returned by parking them in a place other than no-return areas defined by the Company (referring to areas listed in Paragraph 6) or handing them over to a Company employee in charge of returns.

(4) Personal Vehicles should be locked when being returned. If they are not locked, Personal Vehicles shall be considered being driven without being returned, and fees will continue to be charged.

(5) When returning Personal Vehicles, Members shall submit a photo of the Vehicle being parked. Failure to do so shall be considered as the Personal Vehicle being driven without being returned, and fees will continue to be charged. Submission of false photos, composite photos, or photos where the Personal Vehicle used is unidentifiable shall also be considered as the Vehicle not having been returned, in which case penalty of up to [KRW 100,000 per Vehicle used] may be imposed upon separate notice, in addition to the fees incurred for the duration of Service use.

(6) Personal Vehicles should be parked by Members in a legitimate space during or after driving, and should not be parked in the following places:

1. Driveway or its surroundings;

2. A lowered driveway between a driveway and a sidewalk for vehicle entry and exit;

3. Areas that may obstruct access to crosswalks, sidewalks, and trails;

4. Middle of a sidewalk;

5. Places that may obstruct the passage of people, such as a narrow pedestrian path;

6. Near traffic lights or traffic signs;

7. Near emergency exits or emergency stairs;

8. Disabled parking area;

9. Spaces that hinder the function of sidewalk structures, such as on braille blocks for the disabled, and around elevator access roads for the transportation vulnerable;

10. Areas within 5m of firefighting facilities under the Framework Act on Firefighting Services;

11. Places that may interfere with the use of transportation, such as subway station entrances and exits, and areas within 10m of bus stops and taxi stands;

12. On bicycle paths;

13. Spaces that hinder the function of pedestrian structures, such as on overpasses and in underpasses;

14. Building entrances and nearby entrances or passages (except for areas designated as parking space through partnerships and agreements with building owners and business owners);

15. Side roads and vehicle access roads that may obstruct vehicle traffic;

16. Other places that may cause damage to third parties or the city; and

17. Places that are difficult for other Members to find (inside of buildings, private land, underground, sparsely populated isolated areas, etc.)

(7) When a Member parks a Personal Vehicle in a no-parking area set forth in Paragraph 6, he/she must pay the fines and towing, storage, and acquisition fees imposed thereon.

 

Article 12 (Measures for Failure to Return Personal Vehicles)

(1) In the event a Member does not return the Personal Vehicle to a legitimate place three (3) hours after the expiration of the rental period, or does not respond to the Company’s request to return the Vehicle, the Company may take all legal measures necessary to recover the Personal Vehicle and be compensated for the damages incurred.

(2) In the event of Paragraph 1, the Company may call the Member or visit his/her address and conduct an inquiry on family members and relatives living with the Member to confirm the location of the Personal Vehicle, and take measures necessary to verify its location information.

(3) Notwithstanding the measures in Paragraph 2, the Company may take necessary measures such as reporting theft if the Personal Vehicle is not returned by six (6) hours after the expiration of the rental period and the whereabouts of the Member is unknown.

(4) In the event of Paragraphs 1 through 3, the Member shall compensate the Company for the damages incurred, and, specifically, shall bear the cost of recovering the Personal Vehicle and verifying the whereabouts of the Member or the driver.

(5) In order to prevent the same or similar damages caused by contract violations by a Member who falls under any one of the following paragraphs, the Company may provide personal information to business persons or business groups in the same market, in compliance with the procedures set forth in applicable laws:

1. When a Member fails to return a Personal Vehicle without justifiable grounds despite the Company’s request to return it, or within six (6) hours from the return time while the Member is unreachable;

2. When a Member continues to have Service fees in arrears, despite the Company’s payment requests on two (2) or more occasions during a considerable period of time; provided that, Members who were unable to pay the fees for an unavoidable reason are excluded;

3. When a Personal Vehicle is sold or modified illegally;

4. When a Personal Vehicle is used for illegal activities, such as crimes;

5. When a Member has committed an act that infringes the ownership of the Company, such as subletting, providing as collateral, or selling a Personal Vehicle;

6. When a Member flees the scene of a traffic accident or abandons a Personal Vehicle;

7. When a Personal Vehicle is used for personal vehicle rental business or other similar purposes;

8. When an accident occurs while a Personal Vehicle is being driven by a person other than the driver specified in the Rental Agreement or an unlicensed driver;

9. When a Personal Vehicle is used for tests and competitions; and

10. When the Company incurs significant damage due to any one of the acts listed above.

(6) The Company shall not use a Member’s information provided under Paragraph 5 for purposes other than those to which the Member had consented.

(7) In the event a Member incurs any damage due to the Company’s intent or negligence in the course of handling business matters in relation to Paragraphs 1 through 6, the Company shall be liable for compensation for such damages.

 

Article 13 (Personal Vehicle Fees)

(1) "Service Fees" incurred while a Personal Vehicle is driven are calculated based on the duration of use, and charged when the Personal Vehicle is returned in accordance with the Service Fee criteria notified at the time of the execution of Rental Agreement.

(2) Members have the obligation to check fee information in advance, as Service Fees are provided on the Services screen to prevent disputes.

(3) Service Fees may change from time to time according to Company policy.

 

Article 14 (Obligation to Inspect and Manage Personal Vehicles)

(1) The Company conducts inspection and management of all Personal Vehicles on a regular basis.

(2) Obligations of the Company

1. The Company enables safe driving and provides maximum convenience to Members through regular inspection of Personal Vehicles.

2. When Members contact or report to the Company pursuant to Paragraph 3, the Company takes appropriate measures to ensure safe use of the Services by Members.

(3) Obligations of Members

1. When a Member detects symptoms such as suspicious noise and a sense of instability while driving, or other signs of abnormality while operating a Personal Vehicle, he/she should contact the Company Customer Center immediately.

2. In the event of a breakdown, accident, or other contact while operating a Personal Vehicle, irrespective of damage thereto, Members should contact the Company Customer Center immediately. Afterwards, Members should actively cooperate with the Company’s requests for measures such as inspection of the Personal Vehicle following the Company’s guidance.

3. Members should use and store a Personal Vehicle fulfilling the duty of care of a good manager so that it is not destroyed, damaged, broken, or contaminated from the time it is picked up until it is returned to the Company. If signs of abnormality, damage, or accidents to a Personal Vehicle during the use of Service are ignored and not immediately reported to the Company Customer Center, the Company may request the Member to undergo a re-evaluation of eligibility for membership and compensate the Company for damages.

(4) Members should be fully aware of the following information regarding batteries, and the Company does not guarantee the following:

1. As the battery capacity of a Personal Vehicle decreases, speed and other operational capabilities may decrease.;

2. When the battery level decreases below a certain level while operating the Personal Vehicle, it must be stopped for safety;

3. When a Member rents or operates a Personal Vehicle, its battery capacity is not guaranteed;

4. The rate of battery reduction during the operation of a Personal Vehicle is not guaranteed and may vary depending on the device, road conditions, weather conditions and other factors;

5. It is the responsibility of the Member to check the battery level of a Personal Vehicle;

6. The distance or time that a Personal Vehicle can be operated for in relation to battery capacity is not guaranteed; and

7. A Personal Vehicle may stop before reaching the desired destination due to exhaustion of battery capacity.

 

Article 15 (Measures in Case of Abnormality or Breakdown of Personal Vehicle Found by Members)

(1) Members should contact the Company Customer Center immediately in the event of problems, breakdowns, or accidents during the use of Personal Vehicles, and take measures in accordance with the Company’s guidance.

(2) When reporting problems, breakdowns, or accidents that have occurred during the use of a Personal Vehicle, Members should report facts only, and when a Member reports false information, he/she shall fully compensate for the extended or additional damages incurred by the Company’s failure to take measures in a timely manner due to such false reporting.

(3) In the event of an abnormality or breakdown of a Personal Vehicle caused by the intent or negligence of a Member, he/she shall bear the cost of collecting and repairing the Personal Vehicle.

 

Article 16 (Incident Handling)

(1) In the event of a Personal Vehicle accident during rental period, Members shall take measures under the Road Traffic Act, such as evacuating the injured and reporting to the police, in accordance with the following subparagraphs, failing which, without separate agreement with the Company, the accident may not be subject to insurance coverage:

1. Notify the Company immediately regarding the status and details of the accident;

2. Submit the documents or evidence requested by the insurance company in relation to the accident; and

3. Consult with the Company in advance if an agreement or consultation needs to take place in relation to the accident.

(2) The Company and Members shall make an effort to handle accidents, and if one party causes damage to the other party by being negligent in cooperation, the responsible party shall be liable for compensating for the damages incurred by the causes attributable to it.

(3) In the event of a Personal Vehicle accident, Members shall be restricted from the use of the Services until the handling of the accident is concluded. In addition, in the event of an ongoing criminal investigation or a civil or criminal lawsuit related to an accident, the use of the Services shall be restricted until such investigation or lawsuit is settled.

(4) In the event a Member requests to be informed with the expected "Accident Handling Cost," the Company has an obligation to notify the Member of such cost which shall be charged to the Member after the Personal Vehicle is repaired. Accident Handling Cost arising from an accident may vary depending on the degree of negligence on the part of the Member and the type of accident.

(5) In the event a Member or a "Third Party" intentionally or unintentionally damages/breaks a parked /stopped Personal Vehicle owned by the Company, the Member or the Third Party has the obligation to notify the Company of such damage/breakage and shall pay the full repair cost and operating loss cost during the repair period.

Operating loss cost (Kickboard KRW 18,000/day, Bicycle KRW 20,000/day, Scooter KRW 70,000/day)

 

Article 16-2 (Handling of Lost Items)

(1) The Company and Members shall make their best efforts to find the owner of lost items that may occur due to the nature of unmanned service.

(2) The Company is, in principle, not responsible for lost items left by Members when returning Personal Vehicles, but the Company makes its best efforts in handling lost items for the convenience of Members.

(3) The Company takes all measures to hand over items found on site by inspection of Personal Vehicles, etc., and items not claimed by owners are kept for the following storage period depending on the items acquired, then reported or handed over to the local police, or discarded.

1. Storage period for general items: Up to one (1) month

2. Foods, plants, and other perishable items: Kept for the day on which the item is found then discarded the following day

(4) All other matters regarding the handling of lost items shall follow the Lost Articles Act and applicable laws and regulations.

 

Article 17 (Purchase of Insurance, Etc.)

(1) The Company may purchase appropriate insurance for Members depending on the provisions under relevant laws and the types of Personal Vehicles and according to its business needs. In accordance with the Compulsory Motor Vehicle Liability Security Act, the Company purchases a liability insurance policy, etc., which covers insurance money to be paid to a victim who has died or been injured due to the operation of a two-wheeled vehicle. In this case, the Member becomes the insured person by consent under the terms and conditions of the insurance.

(2) In the event of a Personal Vehicle accident by a Member, the Company may implement a "Compensation Policy" to protect the Member against losses, in lieu of the purchase of insurance under Paragraph 1.

(3) The insurance money or compensation under Paragraphs 1 and 2 may not compensate for the damages suffered by Members or third parties, and the Company does not guarantee the excess amount.

(4) When the Company purchases an insurance, the Member agrees to the insurance purchase and the guaranteed amount in the course of signing up for membership or executing the Rental Agreement, and the Company is deemed to have fulfilled its duty of explaining the same to the Member.

 

Article 18 (Insurance Handling, Etc.)

(1) In the event of an accident, Members may be compensated for damages within the scope of the insurance or Compensation Policy, provided that, Members shall not be compensated for damages, in whole or in part, and shall compensate the Company for all damages incurred at the expense of the Member, in the case where (i) liability of the Company is explicitly excluded under these Terms and Conditions, (ii) damages are incurred or expanded due to any one of the following causes, or (iii) it is subject to the disclaimer requirement set forth in the terms and conditions of the insurance:

1. When damages are incurred by the Member’s intent;

2. In the case of accidents caused by an unlicensed driver;

3. In the case of accidents caused by subletting a Personal Vehicle for profit purposes without the Company’s prior approval or by using a Personal Vehicle in exchange for a fee or fare;

4. When a Personal Vehicle used for criminal purposes;

5. In the case of drunk driving accidents;

6. In the case of accidents caused by driving while intoxicated with narcotics, such as drugs, stimulants, and thinners;

7. In the case of accidents caused by using a Personal Vehicle for competition, practice, or testing;

8. In the case of accidents caused by a person other than a Member driving a Personal Vehicle;

9. When an accident is intentionally not reported to the Company and the Personal Vehicle is neglected after the accident until it is returned (rental period);

10. When a Personal Vehicle is arbitrarily disassembled, damaged, broken, self-repaired, etc., without the Company’s permission;

11. In the case of theft, damage, collision, fall, overturn, or flooding due to obvious neglect or negligence on the part of the Member or the driver;

12. When checking for abnormalities in tires, brakes, and battery capacity, etc., before beginning the operation of a Personal Vehicle was done negligently, or a Personal Vehicle was continued to be operated despite abnormal signs being detected during operation;

13. When problems, breakdowns, or accidents caused during the use of a Personal Vehicle are falsely reported, hindering the Company from taking measures in a timely manner;

14. In the case of a violation of safety rules or precautions for Personal Vehicles notified by the Company before entering into a Rental Agreement and to which the Member had consented;

15. When a Personal Vehicle is parked in a place other than return areas; and

16. When an act prohibited under Article 19(2) is committed.

(2) In the case of an accident that has occurred while a Member is operating a Personal Vehicle that is not returned to the Company after the expiration of the rental period, the Member shall be liable for compensation of damages, notwithstanding the insurance or Compensation Policy, and shall compensate for any damages incurred by the Company due to the accident.

 

Article 19 (Prohibited Acts)

(1) In the event a Personal Vehicle is used for prohibited purposes, the Company is obliged to notify the relevant authorities in accordance with applicable laws.

(2) Members shall not engage in any one of the following acts during the Personal Vehicle rental period:

1. Using a Personal Vehicle for rental business or other similar purposes;

2. Engaging in an act that violates the ownership of the Company, such as selling, subletting, or providing as collateral a Personal Vehicle;

3. Altering the original state of a Personal Vehicle, such as remodeling or arbitrarily disassembling it;

4. Using a Personal Vehicle for various tests and competitions without the Company’s permission;

5. Letting a person other than the person specified in the Rental Agreement or an unlicensed person drive a Personal Vehicle;

6. Drunk driving or driving while intoxicated with narcotics, such as drugs, stimulants, and thinners;

7. Two (2) or more persons boarding a Personal Vehicle;

8. Engaging in an act interfering with safety, such as using a mobile phone or wearing earphones while operating a Personal Vehicle (excluding cases where the Company mounts a mobile phone on a mobile phone holder installed on a Personal Vehicle and it is used for GPS purposes);

9. Using other locks on a Personal Vehicle, securing it to other objects, or parking it in closed or private areas;

10. Operating a Personal Vehicle on water;

11. Loading goods that are 100kg or heavier;

12. Driving in such a way that may threaten others or cause damage to a Personal Vehicle, such as violent or reckless driving;

13. Using a Personal Vehicle in violation of laws or public order;

14. Engaging in an act equivalent to the above subparagraphs that is objectively likely to cause damage to a Personal Vehicle; and

15. Using a Personal Vehicle for commercial purposes other than those approved in advance by the Company.

(3) The Company reserves the right not to provide Services to Members who have violated the terms of agreement or the above provisions.

 

Article 20 (Violation of Relevant Laws)

(1) All civil and criminal responsibilities arising from violations of the law, such as road traffic violations, etc., that occur during the use of a Personal Vehicle, as set out in the following subparagraphs, lie with Members. In no case shall this Agreement give rise to or intend a relationship as agent or partner, or of employment or use, etc. between the Company and a Member, and in the case where violation of any of the following subparagraphs causes a problem for the Company in terms of joint penal provisions or user liability, etc., the Member shall indemnify the Company at his/her own responsibility and expense:

1. Fatal accident: Death of a victim at the scene of a traffic accident or during treatment;

2. Violation of crossing method: Violation of the duty of caution, such as stopping before the railroad and checking for safety;

3. Fleeing the scene of an accident: Hit-and-run, fleeing after causing damage to another person’s property;

4. Violation of the duty to protect pedestrians: Hitting a pedestrian at a crosswalk with or without a traffic light (including a pedestrian pulling a bicycle or two-wheeled vehicle);

5. Signal violation: Violation of a signal, unprotected left turn, violation of a hand signal, driving in a no-go zone, one-way zone, etc.;

6. Driving without a license: Driving without a license, driving while license is suspended, driving without aptitude test;

7. Crossing the center line: Accidents involving intentional crossing of the center line, accidents caused by speeding in the rain, accidents with cars in the opposite direction while making a left turn at a crosswalk, etc.;

8. Driving under the influence of alcohol and drugs: Driving under the influence of alcohol and drugs is strictly prohibited, even within the scope permitted by the Road Traffic Act and other laws and regulations;

9. Trespassing on the sidewalk, violation of traffic rules: Accidents involving trespassing on the sidewalk, accidents while crossing the sidewalk to enter a place other than a road;

10. Accidents involving children in child protection areas (school zones): Accidents involving children while driving in areas designated as child protection areas;

11. Obligation to not drive and comply with the speed limit in no-driving zones in Hangang Park and city parks in accordance with relevant laws and regulations;

12. Obligation to drive on the right edge of the road;

13. Obligation to wear a helmet; and

14. Violation of other road traffic laws, etc.

(2) Members have the obligation to pay fines for violations under the subparagraphs of Paragraph 1 and all penalties issued by local jurisdictions for overdue fines.

(3) Members should not park in a no-return area when using and returning a Personal Vehicle. If it is impossible to use or return a Personal Vehicle at a normal return location, Members should have measures taken by contacting the Company Customer Center, and bear full responsibility for loss of Personal Vehicles, fines, penalties, etc. caused by parking arbitrarily.

 

Article 21 (Indemnity)

(1) Members are responsible for compensating for damages incurred by the Company or third parties during rental period by (i) acts falling under Article 19(2), (ii) causes attributable to Members, such as beach of obligations of Members set forth in this Agreement, or (iii) causes arising in the course of using a Personal Vehicle by Members without causes attributable to the Company, and Members shall indemnify the Company against any objection, claim for damages, filing of a suit, and other legal measures brought by a third party, and shall be obliged to compensate the Company for any compensation for damages paid to such third party.

(2) Members are responsible for paying fines and penalties imposed during the rental period due to violation of traffic laws, etc., even after returning the Personal Vehicle.

(3) Any fines, penalties, cost of towing, storage, and handover incurred due to violation of laws, illegal parking/stopping, or neglect of vehicle in the process of operating and returning a Personal Vehicle shall be borne by the Member, and in the event the Company is charged for such cost pursuant to administrative procedures, the Company may apply to change the payer from the Company to the Member; provided that, if the Company pays such cost because it was impossible to apply for the change of payer or without applying for such change, the Company may raise an indemnity claim against the Member.

 

Article 22 (Damages for Delay)

In the event the Company and Members delay the performance of monetary obligations under these Terms and Conditions, they shall pay damages for delay in accordance with the statutory commercial interest rate.

 

Article 23 (Jurisdiction)

In the event of a legal dispute in relation to the interpretation of these Terms and Conditions and any contract based thereon, the suit shall be brought to the competent court under the Civil Procedure Act; provided that, if the Company and a Member agree on the competent court, the same shall be followed.

 

Article 24 (Special Rules Regarding Foreign Members)

(1) Foreign members may use the Services only when a deposit of KRW 50,000 as determined by the Company is paid then confirmed and approved by the Company. The Company will automatically return the deposit if the foreign member has not used the Services for two (2) weeks. The deposit is made in the form of canceling the foreign member’s payment or paying credit to the payment method used; provided that, the deposit may not be refunded if there are any Service fees not paid by the foreign member. The deposit is used as collateral against damages incurred by the Company, such as damage to a Personal Vehicle, towing fees due to parking violations, unpaid Service fees in the course of providing the Services to foreign members, and such amounts may automatically be deducted from the deposit when the Personal Vehicle is returned.

(2) Foreign members must have an international driver’s license or a foreign driver’s license issued in accordance with international treaties by competent authorities in their country of jurisdiction. The Company may require foreign members to submit a photo of an international driver’s license or a foreign driver’s license before providing the Services.

(3) In order for a foreign member to use the Services (including subscription services), he/she must have a validly issued credit card and must use the payment method required by the Company.

 

Addendum

(1) These Terms and Conditions shall apply as of August 20, 2021.

Check previous PM rental terms and conditions

1st PM rental terms and conditions (2021.08.20)

2nd PM rental terms and conditions (2022.12.20)

3rd PM rental terms and conditions (2023.03.02)