Milistar Vehicle Damage Waiver System Terms and Conditions

The purpose of these Terms and Conditions is to regulate the contents, as well as the duties, responsibilities, and other necessary matters between Milistar Co., Ltd. and the lessor (hereinafter referred to as the "Company") and the lessee (hereinafter referred to as the "Member") in order to enter into an agreement (hereinafter referred to as the "Waiver Agreement") to minimize the unexpected monetary damage to the Member caused by an accident using the "Milistar Vehicle Damage Waiver System".

 

 

Article 1: Definitions

 

① "Milistar Vehicle Damage Waiver System" (hereinafter referred to as "Vehicle Damage Waiver System") means a service that a Member subscribes to when reserving a rental car (hereinafter referred to as "Vehicle") provided by the Company and compensates for damages directly caused by collision or contact with other vehicles or objects in an accident that occurs to the Vehicle driven by the Member.

 

② "Milistar Vehicle Damage Waiver Product" (hereinafter referred to as "Vehicle Damage Waiver Product") means a product that provides the maximum amount of money (hereinafter referred to as "Deductible") that the Member must pay when repairing the vehicle due to an accident while driving, depending on the vehicle class.

 

③ "Waiver Premium" means the service fee charged under the selected Vehicle Damage Waiver Product.

 

④ Terms and Conditions not defined in this Article shall have the meanings ascribed to them in accordance with common trade practice.

 

 

Article 2: Concluding an Agreement

 

① The Vehicle Damage Waiver System shall be deemed to have been concluded when the lessee enters into a rental agreement (hereinafter referred to as "reservation") through the vehicle reservation platform provided by the Company, and the vehicle damage waiver product is selected and the waiver premium is paid.

 

The coverage period for the waiver shall be the same as the reservation period and cannot be arbitrarily changed. However, the coverage period can be extended for reservation times that have been adjusted in advance in consultation with the Company.

 

 

Article 3: Termination and Cancellation of the Agreement

 

In the event of reservation cancellation or termination, the waiver agreement shall be considered terminated at the same time. However, the Vehicle Damage Waiver System cannot be canceled or terminated separately from the reservation.

 

② If the reservation is canceled or terminated due to the Member's personal reasons, a cancellation fee may be charged, in which case the same criteria as in "Changing or Canceling a Reservation" of the Milistar Car Rental Terms and Conditions shall apply.

 

 

Article 4: Coverage and Processing

 

① The Vehicle Damage Waiver System can only cover accidents caused by collision or contact with other vehicles (or objects) during the operation of the vehicle reserved by the Member, and cannot cover accidents that occur outside the reservation period.

 

② Vehicle Damage Waiver System covers expenses incurred while dealing with an accident and car rental fees, and does not cover on-site expenses such as roadside assistance, towing, and rescue.

 

In the event of an accident, the Member shall compensate the Company for the cost of handling the vehicle accident per accident up to the deductible of the vehicle damage waiver product he/she subscribed to. However, if the expenses incurred are less than the deductible, the actual expenses incurred shall be limited.


 ④ If damages are caused by acts under the prohibitions in Article 5, there is no guarantee, and damages and penalties may be imposed.

 

 

Article 5: Coverage Limitations for Vehicle Damage Waiver System

 

A Member who causes an accident by engaging in any of the following acts may be limited in the coverage of the Vehicle Damage Waiver System depending on the degree of liability.

 

1. Traffic Violation: Drove in violation of a signal displayed by a traffic signal or a police officer directing traffic, or in violation of a direction displayed by a safety sign indicating a road closure or pause.

 

2. Centerline Crossing: Crossing the centerline, or crossing, turning, or backing up in a place where such conduct is restricted, such as a highway.

 

3. Speed Violation: An accident caused by driving at a speed exceeding 10% of the prescribed speed limit, considering factors such as children's protection zones and road conditions, or by failing to drive at a certain percentage below the regulated speed limit due to weather or road surface conditions.

 

4. Violation of Pedestrian Protection Duty: An accident involving a pedestrian (including those walking with bicycles or motorcycles) at a crosswalk, with or without a traffic signal.

 

5. Driving without a License: Operating a vehicle without a valid driver's license. In this case, if the driver's license is suspended or driving is prohibited, it is considered invalid.

 

6. Driving under the Influence of Alcohol or Drugs: Driving while intoxicated or under the influence of drugs that may impair your ability to drive normally.

 

7. Injury to a Child within a School Zone: Causing bodily harm to a child by violating the obligation to drive with caution for the safety of children in a school zone.

 

Accidents caused by the solo operation of a co-driver without the presence of a Member.

 

③ Damages and accidents caused by unauthorized disassembly, modification, vandalism, breakage, or self-repair of vehicles without the Company's permission.

 

④ Failure to report an accident or damage to the vehicle immediately or during the reservation period without good cause, or intentional concealment, flight, or leaving the scene.

 

Theft, damage, collision, falling, overturning, or flooding resulting from a member's clear intention, negligence, carelessness, or illegal actions knowingly leading to certain consequences (accidents, etc.).

 

Changing the actual driven vehicle or the vehicle involved in the accident, or falsely reporting the accident details.

 

Colluding between the perpetrator and the victim to cause an accident and demand compensation for it.

 

Inserting fictitious damages or injuries unrelated to the accident to claim compensation.

 

Causing significant damage to the vehicle's interior or exterior due to confusion or improper fuel injection, etc.

 

 

Article 6: Interpretation of the Agreement

 

The Company may establish separate Terms and Conditions and Policies (hereinafter referred to as "Individual Terms and Conditions" and "Individual Policies," respectively) for individual services, and in the event of any conflict with this Agreement, the Individual Terms and Conditions and Individual Policies shall take precedence and apply. 

 

② Matters not specified in these Terms and Conditions shall be governed by relevant laws and regulations such as the Act on Regulation of Terms and Conditions, the Basic Act on Electronic Documents and Electronic Transactions, the Electronic Signature Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, and the Act on Consumer Protection in Electronic Commerce, etc. or common practices.

 

 

Article 7: Governing Law and Jurisdiction

 

Any lawsuits between the Company and a member shall be governed by the laws of the Republic of Korea. 

 

In the event of a dispute between the Company and the Member, the court having jurisdiction over the Member's address shall be the competent court. If the Member's address or residence is not clear, the competent court shall be determined in accordance with the Civil Procedure Act. However, if the claim and obligation arise to a reason for which the Member is responsible, the court of jurisdiction shall be the court where the company in charge of the management business is located.

 

 

Addendum

 

These Terms and Conditions shall be effective from April 23, 2024.