Chapter 1 (General Provisions)
Article 1 (Purpose)
The purpose of these terms and conditions is to provide for the rights, obligations, responsibilities and other necessary items of LOTTE Rental (the “Company”) and users who use the homepage run by the Company (the “Cyber Branch”) and rental car services provided by sales offices (the “Service”)
Article 2 (Definitions)
- ① Definitions of the terms used in these terms and conditions are as follows:
- 1. Cyber Branch refers to a virtual sales office established by the Company to provide goods or services to users so that they could transact such goods or services using information and communication equipment such as computers. In other words, it means the internet site of the Company in which users can use the Service online. It is subject to change depending upon the Company’s circumstances.
- 2. Users refer to members and nonmembers who receive the Service provided by the Company according to these terms and conditions.
- 3. Members refer to those who accept these terms and conditions and provide their information to the Company and are registered as members and can receive the information of the Company continuously and use the Service provided by the Company.
- 4. Nonmembers refer to those who use the Service provided by the Company without joining membership (provided that in case of transaction between the Company and nonmembers at the Cyber Branch, transaction details and personal information shall be kept for five years according to the Act on the Consumer Protection in Electronic Commerce Transaction, etc.
- ② Definitions of the terms other than provided in each clause of paragraph 1 shall accord with related laws and regulations and other general commercial practice.
Article 3 (Stipulation and Revision of Terms and Conditions)
- ① The Company shall post the content of these terms and conditions, trade name, sales office site, name of representative, business registration number, and contact information (telephone, fax, e-mail address, etc.) on initial webpage of the Cyber Branch. In the event that a modification is posted on the Cyber Branch webpage, the terms and condition may be accessed by users through a connection page.
- ② The Company may revise these terms and conditions unless it violates the Act On Regulation Of Terms And Conditions, the Act On The Consumer Protection In The Electronic Commerce Transaction, the Act On Door-To-Door Sale, the Act On Promotion Of Information And Communication Network Utilization And Information Protection, etc. and the Framework Act On Consumers.
- ③ These terms and conditions may be revised as occasion demands and if the Company wants to revise these terms and conditions, it shall notify the Cyber Branch of the application date and revisions fourteen days before the date on which it wants to apply the revised terms and conditions and notify members of them in more than one methods provided below, provided that in cases where terms and conditions are revised against members, the Company shall notify with at least 30-day advanced grace period using any of the methods in the following paragraphs 1 through 5
- 1. Notification via e-mail
- 2. Short message service (SMS)
- 3. Written notice or notification on flyer
- 4. Posting on the sale offices of the Company
- 5. Other methods such as telephone guidance using contact number provided by members upon joining membership
- ④ In cases where the Company notifies members of the application date and content of revised terms and conditions via e-mail or written notice, the Company shall use the address most recently provided by members either email address or locality of their residence.
- ⑤ When the Company revises these terms and conditions, the revised terms and conditions shall be applied only to the contract concluded after the application date and for those contracts already concluded, the provisions of old terms and conditions shall be applied as it is.
- ⑥ When the Company revises these terms and conditions, the Company shall confirm whether members accept the application of the revised terms and conditions after notification of them. When the Company also notifies that if members do not express their opinion of acceptance or rejection they are considered to accept, and if members do not express the opinion of rejection by the execution date of the revised terms and conditions, the Company may consider them to accept the revised terms and conditions.
- ⑦ If members do not accept the application of the revised terms and conditions, the Company or members may cancel the membership contract (withdrawal from membership).
- ⑧ Matters not stipulated in theses terms and conditions and the interpretation of these terms and conditions shall comply with the Act on the Consumer Protection in the Electronic Commerce Transaction as provided in paragraph 2 or commercial practice.
Article 4 (Provision and Change of the Service)
- ① The Company shall operate the following businesses:
- 1. Provision of information for the Service
- 2. Reservation of car rental and/or conclusion of the service contract
- 3. Rental of cars and related business 4. Other services provided by the Company
- ② In the event of the close of reservation of rental car, the changes of car specification, or inevitable conditions or circumstances, the Company may change the content of rental cars to be provided according to the contract to be concluded in the future, in which case the Company shall post the changed rental car, the content of service and the date of provision from seven days before the date of provision on a place where the present rental car and service are posted, provided that in cases of inevitable conditions or circumstances, the Company may not post them.
- ③ When the Company changes the content of the Service on the contract to be provided to users for reasons of the close of reservation of rental car or the change of car specifications, the Company shall notify users of the reasons by more than one methods provided in Article 3, paragraph 3.
Article 5 (Suspension of the Service)
- ① In the event of natural disaster, riot, civil war, enactment, opening and closing of legislation, labor dispute, maintenance, replacement and failure of information and communication equipment including computer, or loss of communication, the Company may temporarily suspend the provision of the Service.
- ② The Company shall not pay for damage suffered by users or the third party due to temporary suspension of the Service for the reason of paragraph 1, except for such cases of the Company’s intention or gross negligence.
Chapter 2 Membership Contract
Article 6 (Joining Membership)
- ① Users may apply for membership by accessing the Cyber Branch designated by the Company, entering the member information on a given form through the membership application process and declaring the intent to accept the terms and conditions here in.
- ② By clicking on the “I accept” button on the Cyber Branch webpage that confirms the agreement to these terms and conditions, users shall be deemed to have agreed to be legally bound by these terms and conditions.
- ③ Those who want to join the membership shall provided required information.
- ④ Those who want to join the membership shall specify their real names and actual information to fill out the membership application form. Those who specify false information or use other person’s name without permission may not assert their rights according to these terms and conditions and the Company may cancel or terminate the membership contract.
- ⑤ The Company shall register those who apply for the membership as provided in paragraph 1 as members, except for any of the events in the following paragraphs 1 through 5:
- 1. An applicant for membership has lost his or her membership according to Article 7, paragraph 4 of these terms and conditions, except for such cases that three years have passed after loss of membership according to Article 7, paragraph 4 and approval for rejoining membership has been obtained.
- 2. Falsification, omission or misspelling in the content of registration
- 3. An applicant for membership is a delinquent borrower
- 4. An applicant for membership has not yet finished his or her fourteenth year
- 5. It is decided that registration as a member would cause the Service of the Company inconvenience significantly
- ⑥ The membership contract shall be concluded when the Company’s approval reaches the member.
- ⑦ When there are changes in members’ personal information such as address, telephone number or e-mail address, they shall log on the Cyber Branch immediately and modify the changed information online or notify the Company of such changes and any disadvantages resulting from the failure of notification shall be borne by the relevant member.
Article 7 (Withdrawal from Membership and Disqualification, etc.)
- ① Members may request their withdrawal from membership to the Company any time, in which case the Company shall settle their withdrawal within one business day unless the Company has their information according to the relevant regulations and the members’ consent. When a member withdraws from his or her membership, his or her membership level, membership benefit and membership points shall lapse.
- ② For the members in paragraph 1, rejoining of membership may be limited within thirty days for reasons of prevention of the abuse of events for new members. However, if the membership has been terminated in accordance with the clause 4, paragraph 7, the member may apply for the membership again from the day after the terminated date without a limitation on rejoining of membership.
- ③ Members who passed away shall lose their membership.
- ④ When any of the events in the following paragraphs occur, the Company may disqualify the relevant member by give a notice to the member:
- 1. A member registered false information or used illegally other’s name upon application for membership;
- 2. A member did misbehavior such as disturbance of other’s use of the Service or illegal use of other’s information;
- 3. A member did not pay his or her debt related to the use of the Company such as rental fee till appointed day of payment;
- 4. A member did behavior against laws, regulations, these terms and conditions, other good custom and public order using the Company, the Service or the Cyber Branch;
- 5. A member disturbed the business of the Company;
- 6. A member’s credit status has been changed to bad credit after joining the membership;
- 7. A member who has no history of use of the Service for five years since the last date of using the Service; or
- 8. A member grossly violated these terms and conditions.
- ⑤ Members who disqualified under paragraph 4 may give materials for explanation to the Company within thirty days from the date on which they were notified the occurrence of reason for disqualification by the Company.
- ⑥ The information of disqualified members under any of other paragraphs than clause 4, paragraph 7 shall be held by the Company for five years for prevention of an illegal use of the Company by the disqualified members and additional damage incurred to other members, and for this period the disqualified members may be limited in rejoining the membership or using the Service.
- ⑦ The information of disqualified members under clause 4, paragraph 7 shall be destroyed immediately after the decision of disqualification from membership.
- ⑧ When a member is disqualified from his or her membership, his or her membership level, membership benefit, and membership points shall lapse.
Article 8 (Notification)
- ① When the Company announces a notification to members, the Company may send notification to the e-mail address submitted by the members. The terms of methods and effects of notification specified in Article 3 shall apply to a notification to an individual member or entire members. However, the notification in accordance with Article 18, clause 6 shall comply with the terms specified thereof.
- ② For notification to many and unspecified members, the Company shall post it on the web page of the Cyber Branch more than one week and substitute individual notification with such posting, provided that for matters which have a gross effect on the transaction of members, the Company shall give them individual notification.
Chapter 3 Rental Reservation
Article 9 (Application for Reservation)
Users shall apply for reservation of car rental by any of the following methods:
- ① Reservation on the Cyber Branch
- a. Type users’ name, address, telephone number (mobile phone number) and e-mail address.
- b. Type rental date and return date.
- c. Select where to receive and return a car.
- d. Check a rental car, rental fee and expense burden such as damage due to idle car.
- e. Click the “I Accept” button.
- f. Agree on the confirmation of reservation or the Company.
- ② Telephone reservation
Article 10 (Establishment of Reservation)
- ① The Company shall accept the application for reservation as provided in the terms of Article 9, unless it is subject to any of the events in the following paragraphs:
- 1. Falsification, omission or misspelling in the application form
- 2. Less qualified for the conditions of use of rental car
- a. Sedan and 7 to 9-passenger van: those who have finished their 21st year and obtained their second class general vehicle international driving permit more than one year ago
- b. 11 or more passenger van: those who have finished their 21st year and obtained their first class general vehicle international driving permit more than one year ago
- 3. Other cases where it is considered that to accept the application for reservation would cause interruption significantly for reasons of the close of reservation, the change of car specification, etc.
- ② Rental car reservation shall be regarded to be established when a pop-up window containing reservation number appears to users for reservation on the Cyber Branch or telephone guidance for telephone reservation, respectively.
Article 11 (Payment of Fee)
- ① Rental fee may be paid by any of the methods in the following paragraphs:
- 1. Payment with a credit card
- 2. Payment with membership points provided by the Company
- 3. Payment with cash
- 4. Payment with various cards including prepaid cards, debit cards or check cards
- 5. Payment with gift certificates admitted by the Company or issued by venders contracting with the Company
- 6. Payment with affiliated company points admitted by the Company or issued by venders contracting with the Company
- ② If the payment is made by any of the methods specified in Clause 1, paragraphs 3 through paragraph 6, the Company may request users to accept the Company’s inquiry of their credit information and if users reject credit inquiry or the result of credit inquiry does not meet the standards established by the Company (default of obligation, bad credit, etc.), the Company may cancel or reject the car rental.
- ③ In cases where payment of rental fee with credit card is delayed, the terms and conditions of the credit card company designated by users shall be applied and in the event of the notice of invalidity or decline of sales by the credit card company to the Company, the Company shall suspend the user’s usage of the Company (including suspension of usage of the user’s ID and password for the Cyber Branch) and contact the user to check whether he or she has changed payment method.
- ④ If the Company cannot reach a user by the contact number submitted by the user or payment method is not confirmed or changed until the appointed date, the Company may cancel and terminate the contract with the user and if the user has the membership of the Company, the Company may disqualify the user according to Article 7, clause 4, paragraph 3.
Article 12 (Notification of the Confirmation of Reservation and Users’ Cancelation of Reservation)
- ① If a user completed reservation of rental car, the Company shall give a reservation confirmation notice to the user.
- ② If the user who received the reservation confirmation notice finds disparity between the notice and the expression of his or her intention, he or she may request the Company to cancel the reservation 24 hours before the time on which he or she reserved car rental (the “Reservation Time”).
- ③ If the Company receives the user’s requests to cancel the reservation 24 hours before the Reservation Time, the Company shall cancel the reservation immediately upon the request and if the Company received the price before cancelation of reservation, the Company shall return the total amount of price to the user.
- ④ If the Company received the price before cancelation of reservation and the user cancels the reservation within 24 hours right before the Reservation Time, the Company shall return the remaining amount except for 10 percent of the price received.
- ⑤ In cases where rental contract is not concluded even one hour after the Reservation Time, the reservation shall be regarded to be cancelled, and the if the Company received the price in advance, the Company may return the remaining amount except for 10% of the price received as well as deduct one thousand membership points.(However, a member without any point accumulation shall not have his or her points deducted.)
Article 13 (Cancellation of Reservation and Refund by the Company)
- ① If the Company cannot rent a reserved car to the user for reasons of the failure of the car or errors in date processing, the Company shall inform the user of such reasons immediately. If the Company received the price for car rental in advance, the Company shall take the procedure for cancelation the contract within 7 days from the date on which the Company received the price; or otherwise, within 7 days from the date of occurrence of reason. At this time, if the Company received the price in advance, the Company shall return the amount of the price received plus 10 percent of the aforementioned price.
- ② For any of the events in paragraphs 1 and 2, the Company shall refund or take an action of return or exchange as requested by the user within one business day after a rental car has been returned, provided that the period of request shall range from the delivery date of a rental car to the scheduled date of returning the car.
- 1. The reserved car is different from the reservation or the information provided by the Company
- 2. The reserved car is damaged, provided that such a damage caused by the user’s liability is excluded.
- ③ Upon renting a car, the Company may request the user to allow for credit information inquiry, and if the user does not agree on the request or the result of inquiry does not meet the standards set by the Company (default of obligation, bad credit, etc.), the Company may cancel or decline renting a car.
Article 14 (Domestic Reservation)
- ① If a user wants to rent a car in the country, he or she shall reserve the car at least 24 hours in advance based on the Reservation Time.
- ② The period of domestic reservation is available within 60 days from the day after reservation.
- ③ The reservation period as provided in paragraph 2 is subject to change due to peak season and etc. and the Company may post such a change on the Cyber Branch immediately.
Article 15 (Overseas Reservation)
- ① If a user wants to rent a car in foreign countries, he or she shall reserve the car at least 48 hours in advance based on the Reservation Time.
- ② The Company shall only make a reservation for the user and have no responsibility for the usage of a rental car overseas. Cars and other services in foreign countries shall be provided by Hertz International.
- ③ Minimum personal information (name, contact number, passport number, and international driving permit number) necessary for reservation and renting overseas shall be provided to Hertz International and affiliated companies entrusted with such business as required for implementation of the contract.
- ④ For reservation of rental cars overseas, the price must be settled with credit cards approved by the Company.
- ⑤ Articles 9 through 14, 16 and 20 shall not apply to overseas reservation and renting cars.
Chapter 4 Bonus Club (Membership Level System)
Article 16 (Target of Application)
This chapter is applicable only to members and domestic service used by the members.
Article 17 (Rental Frequency)
- ① Members who use the cars of the Company may accumulate their number of times of rental in one case per one time regardless of the period of rental.
- ② Points shall not accumulate beginning on January 12, 2015. However, the points accumulated before January 12, 2015 may be used towards the payment of a rental fee in accordance with paragraph①, 2 of Article 2.
Article 18 (Membership Level and Benefits)
- ① Membership level shall be classified as follows:
- 1. General member: members who have completed the membership joining process at the Cyber Branch of the Company
- 2. Gold member: members whose number of times of rending is 7 or over after joining as a general member (Benefits shall apply to the 8th rental and on)
- 3. Double gold member: members whose number of times of renting is 40 or over after joining as a general member (Benefits shall apply to the 41st rental and on)
- ② Upon renting a car in the inland area of the country, members may get a discount for net rental fee according to their membership level as follows:
Membership Level Discount information Membership Level Discount Rate (reservation discount rate at the Cyber Branch) Remark Weekday Weekend, Public Holiday General Member 35%(40%) 30%(35%)
- Upon reservation at Cyber Branch, additional 5% discount applied
- Weekday: from Sunday (noon) to Friday (noon)
- Weekend: from Friday (noon) to Sunday (noon)
- Holiday: from the day before holiday (noon) to the holiday (noon)
Gold Member 40%(45%) 35%(40%) Double Gold Member 45%(50%) 40%(45%)
- ③ The discount as provided in paragraph 2 shall apply to only the renting of owner-driven cars more than 24 hours and the Jeju area except inland area is subject to a separate fee according to the ordinance of Jeju Special Self-Governing Province.
- ④ Members shall be provided with the following privileges according to the membership level:
- A free vehicle type upgrade will be provided when you reach a certain rental frequency or accumulate a rental history (A compact vehicle for your appointment will be upgraded to an intermediate-sized vehicle, and an intermediate-sized vehicle to a full-sized vehicle.)
- A one-day (24-hour) free pass will be provided when you reach a certain rental frequency or accumulate a rental history
※ The promotion only applies to appointments for a compact/intermediate-sized vehicle, and you must sign up for CDW.
- 20% discount applied upon subscription of CDW
- Additional 5% discount applied upon reservation at Cyber Branch (double discount not allowed)
- discount coupon provided at birthday once a year (not available in July and August)
- Promotion gift presented: mobile gift certificate (limited to new promotion and those who agree to receive SMS)
- Double gold member : Free operation for mileage rental cars in the same area of the branch (within 5km) for the usage more than 3 days (72 hrs.) on weekday
※ except for the Jeju area; the service may be limited due to the circumstance of the branch
- ⑤ Members may maintain their membership level only if they continue to use the Service of the Company, and the Company shall treat such members that have no history of usage of the Service for the last three years since the last date of using the Service as idle members and save and manage their information separately. The Company may also disqualify such members that have no history of usage of the Service for the last five years since the last date of using the Service according to Article 7, clause 4, paragraph 7.
- ⑥ The Company shall inform the applicable member of treatment details, expiration date, items of member information to be separately saved, managed or destroyed, and membership points to lapse by e-mail, written notice, facsimile, telephone, or other similar methods until 30 days before expiration of idle member processing period and disqualification processing period as provided in paragraph 5.
- ⑦ DThe member privileges specified in paragraph 4 shall be announced though the company’s cyber location.
- ⑧ Member privileges may be supplemented or modified by the company at any time at its sole discretion, and the supplemented or modified provisions will be announced through the company’s cyber location.
Article 19 (Usage, Correction, Cancellation and Lapse of Points)
- ① Points shall automatically lapse on the date when three years have passed from the date of initial save. The Company shall take an action for members to check their points to lapse at the Cyber Branch.
- ② You may use the points accumulated from 2014-03-05 to 2015-01-11.
※ All points will be reset to 0 on 2015-01-12 00:00.
- ③ Upon cancellation of borrowing a car or refund, the points saved or used shall be canceled or restored.
- ④ If members use their points saved, points which has earlier date of lapse shall be deducted first among the available points.
- ⑤ Members shall not do any disposal act for their points such as transfer to others, lend or use of them for purposes of security.
- ⑥ The Company may terminate membership point service for business or technical reasons by giving a notice at least one month in advance, in which case membership points which have been saved but not used until the date of closing the Service noticed in advance shall lapse.
Article 20 (Matters to be Attended for the Use of Bonus)
- ① Free passes and various membership benefits shall be sent after confirmed by the Company.
- ② Free passes and various coupons shall be sent to the addresses specified in the member information and if they are lost or returned in the process of sending due to the member’’ negligence in management of personal information and postal matter, it is not possible to resend them, and any disadvantages shall be borne by the member.
- ③ The coverage of various benefits shall be limited to the applicable member, and after withdrawal or disqualification from membership, the member may not receive any benefits.
- ④ Various benefits shall be effective for the period set by the Company and notified to the members.
- ⑤ The details of various benefits are subject to change, suspension or cancelation for reasons of the Company’s mistake, errors in display, alternative provision of other benefits, or addition or change of affiliated companies.
- ⑥ The CDW discount shall be applicable only when the rental discount is applied through the membership discount or membership privilege from each membership level specified herein, and shall not be applicable to rental through any other promotion. For example, the CDW discount shall not apply when the discounted rate from affiliates or promotional events have already applied.
Chapter 5 Users’ Obligations
Article 21 (Personal Information Protection)
- ② The Company shall not be responsible for all the disclosed information including personal information caused by the users’ liability.
- ③ Users may request to read and correct errors, if any, in their personal information held by the Company any time and the Company ought to take necessary actions without delay. If users request the Company to correct errors in their personal information, the Company shall not use such information until the correction is completed.
Article 22 (The Company’s Obligation)
- ① The Company shall not do any behavior prohibited by the regulations and these terms and conditions or against good custom and public order. The Company shall do its best to provide the Service in a continuous and stable manner as provided in these terms and conditions.
- ② The Company shall equip with security system to protect users’ personal information (including credit information) so that users could use the Service safely.
- ③ The Company shall not send an advertising e-mail in pursuit of profit to those who don’t want to receive an advertising e-mail.
Article 23 (Members’ ID and Password)
- ① Members who want to use the Cyber Branch shall register their IDs and passwords at the Cyber Branch as specified by the Company.
- ② Members shall be responsible for managing their own IDs and passwords and not let the third party know or use them.
- ③ If members found that their ID or passwords were stolen or used by the third party, they shall inform the Company of it and follow the Company’s direction, if any.
Article 24 (Users’ Obligation)
- ① Users shall comply with related regulations, matters set by these terms and conditions, other guidance and matters notified by the Company and not do any behavior which disturbs the Company’s ordinary business.
- ② Users shall correctly and honestly enter their membership information to the best of their knowledge. If any of the previously entered information has been changed, users shall modify the previous information to reflect the most current information. Users shall be liable for any loss, cost, claim, expense or any other issue arising from user’s failure to update the membership information.
- ③ Users may not copy, reproduce, or change the information obtained by usage of the Service at their discretion without the Company’s prior consent or utilize them for making profit.
- ④ In addition to the users’ obligation specified in paragraph 1 through paragraph 3, users shall not conduct the following acts:
- 1. Registration of false information upon application for or modificationn
- 2. Changes of the information posted on the Cyber Branch or the sales office of the Company
- 3. Transmission or posting of information other than those set by the Company (e.g., computer program) to the Cyber Branch or the sales office of the Company
- 4. Infringement of copyright or intellectual property right of the Company or the third party
- 5. Discrediting of the Company or the third party or obstruction of the business thereof
- 6. An illegal use of others’ name or information
- 7. Disclosing or posting of indecent or abusive messages, images, voices or other information against good custom or public order on the Cyber Branch or the sales office of the Company
- 8. Other behaviors decided as improper by the Company such as provision of information which distorts fact relevance
- ⑤ If the information provided in each of the paragraphs of clause 4 and other information considered improper by the Company are posted on the Cyber Branch or the sales office of the Company or such a place that linked with the Cyber Branch, the Company may delete or destroy such information without consent of the poster or disconnect the link extended to the Cyber Branch, provided that the Company shall not have any obligation to delete, destroy, or disconnect the link for such information.
Chapter 6 Miscellaneous
Article 25 (Relationship between the Cyber Branch and Connected Site)
- ① In cases where the Cyber Branch and other internet sites are connected through hyperlinks (e.g., the target of hyperlinks include texts, images and videos), the former shall be referred to as a connecting site and the latter a connected site.
- ② A connecting site shall have no surety liability for transactions performed by a connected site with users for goods and services provided by such a connected site independently.
Article 26 (Reversion of Copyright and Limitation of Usage)
- ① Copyright and other intellectual property right for the works created by the Company shall be reverted to the Company.
- ② Users may not use the information obtained by using the Company for profit by means of reproduction, transmission, publication, distribution, broadcasting or other methods without the Company’s consent or let the third party use them.
Article 28 (Jurisdiction and Governing Law)
- ① The Company shall install and operate an organization which reflects the proper opinions or dissatisfaction rose by users and compensates damage.
- ② The Company shall deal with dissatisfaction and opinions submitted by users first, provided that if it is difficult to deal with them promptly, the Company shall inform users of the reason and schedule for settlement immediately.
Article 27 (Settlement of a Dispute)
- ① Any lawsuit on the dispute between the Company and users may be filed to the headquarters of the Company, the competent court in the site of the headquarters or sales office of the Company or the competent court according to the Civil Procedure Code.
- ② Any lawsuit filed between the Company and users shall be governed by Korean law.