Chapter 1. General Provisions
Article 1 (Purpose)
These Terms of Service ("Terms") set forth the rights, obligations, responsibilities, and other necessary matters between Enkorwithus Co., Ltd. (the "Company") and Users in connection with the use of the Enkostay platform (the "Service") operated by the Company.
Article 2 (Structure of Terms and Relationship with Other Policies)
(1) The terms and policies applicable to the use of the Enkostay Service consist of the following:
- Terms of Service (this document): Fundamental matters applicable in common to both Tenants and Hosts regarding the use of the platform.
- Tenant Policy: Detailed matters applicable to Tenants regarding the formation, performance, and termination of lease agreements (including cancellation and refund matters).
- Host Policy: Detailed matters applicable to Hosts regarding listing management, settlement, fees, cancellation and refund matters, and other operational details.
- Privacy Policy: Matters concerning the collection, use, and processing of personal information.
(2) In the event of any conflict in interpretation between these Terms and any other individual policy, the individual policy shall prevail with respect to the matters governed by such individual policy.
(3) For matters expressly delegated by these Terms to other individual policies, the contents of such individual policies shall apply.
Article 3 (Definitions)
The terms used in these Terms shall have the following meanings:
- Service: All accommodation brokerage and related ancillary services provided through the Enkostay website and mobile applications operated by the Company.
- User: A collective term for Members and non-Members who agree to these Terms and use the Service (including both Tenants and Hosts).
- Tenant (or "Guest"): A User who searches for, reserves, and uses accommodations through the Service. The terms "Tenant" and "Guest" are used interchangeably and have the same meaning throughout these Terms and related policies.
- Host: A User who registers and manages accommodations to which they hold lawful ownership or operating rights, through the Service.
- Member: A person who creates an account on the Service and uses the services provided by the Company.
- Agreement: A lease agreement for the use of accommodation entered into between a Tenant and a Host.
- Installment Payment: A payment method in which the total amount is divided into monthly installments for long-term agreements of 90 nights or more.
- Lump-sum Payment: A payment method in which the total amount is paid at once for agreements of less than 90 nights.
Article 4 (Effect and Amendment of Terms)
(1) These Terms become effective by being posted on the Service screen or otherwise notified to Users.
(2) The Company may amend these Terms within the scope that does not violate applicable laws and regulations. When amending, the Company shall give notice at least 7 days prior to the effective date, specifying the effective date and reason for amendment (or 30 days prior in the case of changes that are unfavorable or material to Users).
(3) If a Member does not expressly indicate refusal despite the Company's notice of the amendment containing a statement to the effect that "continued use of the Service after such notice shall be deemed consent to the amendment," the Member shall be deemed to have consented to the amended Terms.
(4) A Member who does not consent to the amended Terms may terminate the use agreement.
Article 5 (Notices and Communications to Users)
(1) When the Company gives notice to Users, it may do so by one or more of the following methods:
- Posting on the Service notice board or Help Center
- Sending to the email address provided by the User at registration
- Sending in-app notification messages
- Sending text messages (SMS) (only for important matters)
(2) Notices to an unspecified number of Users may be substituted for individual notice by the method set forth in Paragraph (1)(1) alone.
(3) The Company shall not be responsible for any failure of notice to reach a User due to the User's failure to inform the Company of changes to the contact information they provided.
Chapter 2. Membership and Account Management
Article 6 (Membership Registration)
(1) A person who wishes to use the Service shall apply for membership registration in accordance with the procedures established by the Company and acquire Member status by agreeing to these Terms and the Privacy Policy.
(2) Persons under the age of 14 may not register as Members of this Service.
(3) Minors aged 14 or older but under 19 may register as Members only with the consent of their legal representative. The Company may require evidence of such consent if necessary.
(4) The Company may refuse to accept, or subsequently revoke, an application for membership registration in any of the following cases:
- Where false information has been entered or another person's information has been used.
- Where the age requirement under Paragraph (2) or (3) or the legal representative consent requirement is not met.
- Where the applicant has a history of restricted or revoked Service eligibility due to past violations of these Terms.
- Where applicable laws are violated or procedures established by the Company are not followed.
Article 7 (Account Management Responsibility)
(1) Members may not transfer, lend, or share their account information with any third party.
(2) Members are responsible for managing their account passwords. If a Member becomes aware that their account information has been compromised, they shall immediately notify the Company and follow the Company's instructions.
(3) The Company shall not be liable for any damages arising from a Member's failure to properly manage their account.
(4) Account management obligations applicable to a Member who has entered into a lease agreement and actually moved into accommodation, in their capacity as a resident, are separately governed by the Tenant Policy. Account management obligations applicable to a Host who lists and operates accommodations are separately governed by the Host Policy.
Article 8 (Termination of Use Agreement β Withdrawal and Loss of Eligibility)
(1) A Member may at any time request termination of the use agreement through the in-Service withdrawal function or the customer support channel, and the Company shall process such request without delay in accordance with applicable laws.
(2) However, withdrawal may be restricted until the relevant cause is resolved in any of the following cases:
- Where the Member is a Tenant with an ongoing lease agreement.
- Where the Tenant has not yet completed 14 days from the date of move-out.
- Where the Member is a Host with ongoing reservations.
- Where there is any unsettled or unrefunded amount.
- Where there is an ongoing customer dispute that has not been resolved.
(3) The Company may terminate the use agreement after prior notice (or after-the-fact notice in urgent cases) if a Member has materially violated these Terms or applicable laws.
(4) Even after the use agreement is terminated, transaction records and personal information that the Company is required to retain under applicable laws shall be retained for the period prescribed by such laws (see Article 16 and the Privacy Policy).
Chapter 3. Use of the Service
Article 9 (Special Provisions for Foreign Users)
(1) This Article applies to both foreign Tenants and foreign Hosts.
(2) The following provisions apply to foreign Users:
- Identity Verification: Foreign Users shall submit passport information or other means of identity verification accepted by the Company.
- Language Versions: The Service is provided in Korean and English, and these Terms and related policies are also provided in both Korean and English. In the event of any discrepancy in interpretation between the Korean and English versions, the Korean version shall prevail.
- Currency: The base currency for all transaction amounts is the Korean Won (KRW). Amounts displayed in foreign currency are converted to KRW based on the exchange rate at the time of payment. Any difference arising from exchange rate fluctuations shall be borne by the User.
(3) Foreign Users are responsible for complying with their visa status, residence requirements, tax filing, and other related legal obligations. The Company shall not be liable for any violations of such legal obligations.
Article 10 (Contents of the Service)
The services provided by the Company include the following:
- Accommodation search and reservation services
- Brokerage of agreement formation between Tenants and Hosts
- Payment and settlement services
- Messaging services between Users
- Customer support services
- Other ancillary services provided by the Company
Article 11 (Tenant Services)
(1) Tenants may search for and reserve listed accommodations and enter into lease agreements through the Service.
(2) Tenants shall agree to and comply with these Terms, the Tenant Policy, and the individual accommodation rules established by the Host.
(3) Detailed matters regarding reservation confirmation, payment, check-in, check-out, cancellation, and refund are governed by the Tenant Policy.
Article 12 (Host Services)
(1) Hosts may perform the following activities through the Service:
- Listing registration and information management (photos, prices, terms of use, rules, etc.)
- Approval/rejection of reservation requests and management of Tenants
- Review of income and settlement details through the settlement dashboard
- Use of host-exclusive customer support
(2) Hosts shall bear the following obligations:
- Holding lawful ownership or operating rights to the registered accommodation
- Maintaining accuracy and currency of listing information
- Compliance with applicable laws (Housing Lease Protection Act, Public Health Control Act, etc.)
- Performance of related legal obligations including taxes and business registration
- Provision of reasonable response and service to Tenants
(3) Matters concerning fees, settlement cycles, tax invoice issuance, and other matters between Hosts and the Company are separately governed by the Host Policy.
Article 13 (Relations Between Users)
(1) The lease agreement between a Tenant and a Host is an agreement entered into between the two parties, and the Company is not a party to such agreement (see Article 17).
(2) The Company provides in-Service messaging features to facilitate communication between Tenants and Hosts. However, disputes arising between Users shall be resolved between the contracting parties as a matter of principle.
(3) Users may not make unreasonable demands of other Users in violation of these Terms or applicable laws, and shall not engage in defamation, sexual harassment, or other harmful conduct.
(4) Users shall be liable for damages caused to other Users to the extent of their own intent or negligence, and the Company shall not in principle be liable for such damages. However, this shall not apply if the Company has contributed to such damages through gross negligence.
Article 14 (Restrictions on Service Use and Prohibition of Off-Platform Transactions)
(1) If a User violates these Terms, the Tenant Policy, the Host Policy, or applicable laws, the Company may suspend the provision of the Service to such User or restrict or revoke their eligibility.
(2) The Company prohibits the following acts and may take the measures set forth in Paragraph (1) against Users who violate them:
- Theft of another person's information or entry of false information
- Infringement of the Company's or any third party's intellectual property rights, including copyrights and trademarks
- Hacking, abnormal access, or automated crawling of the Service systems
- Attempts to or solicitation of off-platform transactions β Tenants and Hosts shall enter into and perform agreements through this platform, and shall not solicit or accept off-platform transactions that bypass this platform. Detailed matters are governed by the Tenant Policy and the Host Policy.
- Defamation, sexual harassment, or libel against other Users or the Company
- Other acts contrary to applicable laws or public order and morals
Chapter 4. Payment and Transaction Records
Article 15 (Payment)
(1) This Article applies when a Tenant pays the lease consideration. The conditions and procedures for Hosts to receive settlement are separately governed by the Host Policy.
(2) Tenants shall pay the Service usage fees through payment methods supported by the Company.
(3) Payment methods are categorized as follows:
- Lump-sum Payment (fully): One-time payment of the total amount for agreements of less than 90 nights.
- Installment Payment (monthly): Monthly installment payments (including automatic payments) for long-term agreements of 90 nights or more.
(4) Prior to payment, the Tenant shall consent to the agreement terms, the cancellation and refund policy, the installment and automatic payment schedule (where applicable), and these Terms. Payment may not proceed without such consent.
(5) Incidental costs such as payment gateway fees and overseas card fees that arise during the payment process may be borne by the Tenant as separately notified.
Article 16 (Retention of Transaction Records)
(1) The Company shall retain the following transaction records for certain periods in accordance with the Act on Consumer Protection in Electronic Commerce, etc., and related laws and regulations:
| Record Type | Retention Period | Legal Basis |
|---|---|---|
| Records of agreements or withdrawal of subscription, etc. | 5 years | Enforcement Decree of the Electronic Commerce Act, Article 6 |
| Records of payment and supply of goods | 5 years | Enforcement Decree of the Electronic Commerce Act, Article 6 |
| Records of consumer complaints or dispute handling | 3 years | Enforcement Decree of the Electronic Commerce Act, Article 6 |
| Records of labeling and advertising | 6 months | Enforcement Decree of the Electronic Commerce Act, Article 6 |
(2) Users may request access to their own transaction records, and the Company shall respond without delay in accordance with applicable laws.
Chapter 5. Roles and Responsibilities of the Platform
Article 17 (Status of the Company β Mail-order Sales Intermediary)
(1) The Company is a mail-order sales intermediary (ν΅μ νλ§€μ€κ°μ) under the Act on Consumer Protection in Electronic Commerce, etc., and acts as an intermediary between Tenants and Hosts in their transactions, not as a party to such transactions.
(2) Contractual obligations and responsibilities arising from transactions are in principle attributable to Tenants and Hosts. The Company may provide mediation or support for disputes arising in the brokerage process, but shall not bear the responsibilities of a contracting party.
(3) However, with respect to services provided directly by the Company as a mail-order seller (such as paid ancillary services), the Company shall bear the responsibilities of a mail-order seller within such scope.
Article 18 (Obligations of the Company)
(1) The Company shall not engage in any conduct prohibited by applicable laws or these Terms or contrary to public order and morals, and shall make efforts to provide the Service in a continuous and stable manner.
(2) The Company shall protect Users' personal information in accordance with the Privacy Policy.
(3) The Company shall make efforts to address opinions or complaints raised by Users that it deems legitimate within a reasonable period.
Article 19 (Limitation of Liability)
(1) The Company shall not be liable for service interruptions arising without the Company's fault, including natural disasters, war, telecommunications carrier failures, and service maintenance.
(2) The Company shall not be liable for disputes between Users, the condition, quality, or legality of accommodations provided by Hosts, the truthfulness of listing information registered or posted by Hosts, or accidents or damages arising during the Tenant's use of the accommodation. Provided, however, that this shall not apply in cases of intent or gross negligence on the part of the Company.
(3) The Company does not warrant the accuracy or reliability of information posted by Users on the Service, and shall not be liable for damages arising from a User's reliance on such information.
(4) For services provided by the Company in partnership with third parties, damages arising from such third-party services shall in principle be resolved between the third party and the User.
Article 20 (Damages)
(1) If the Company causes damages to a User through intent or negligence, the Company shall compensate for such damages in accordance with applicable laws.
(2) The Company's liability for damages shall be limited to ordinary damages directly related to the relevant transaction, and shall not exceed the Service fees received or to be paid by the User. Provided, however, that this shall not apply in cases of intent or gross negligence on the part of the Company.
(3) If a User causes damages to the Company through intent or negligence, the User shall compensate for the damages caused to the Company.
Article 21 (Intellectual Property Rights)
(1) The copyrights and other intellectual property rights to all content produced and provided by the Company within the Service (including designs, logos, programs, trademarks, and compilations) belong to the Company.
(2) The copyrights to content posted or registered by Users within the Service (including Tenants' reviews and Hosts' listing information and photos) belong to the respective Users. However, Users grant the Company a non-exclusive right to use, reproduce, distribute, and create derivative works from such content for the purposes of operating, promoting, and improving the Service.
(3) Users shall not engage in any acts that infringe the intellectual property rights of the Company or any third party.
Chapter 6. Personal Information and Legal Notices
Article 22 (Protection of Personal Information)
The Company shall protect Users' personal information. Detailed matters concerning the collection, use, retention, provision, and destruction of personal information are governed by the separate Privacy Policy.
Article 23 (Business Information)
The Company's business information required under Article 10 of the Act on Consumer Protection in Electronic Commerce, etc., including the company name, representative, business registration number, mail-order business report number, address, contact information, and personal information protection officer, is posted in the footer of the Service screen.
Chapter 7. Dispute Resolution
Article 24 (Governing Law and Jurisdiction)
(1) These Terms and any disputes related to these Terms shall be governed by the laws of the Republic of Korea.
(2) The court of jurisdiction for any litigation regarding disputes between the Company and Users in connection with the use of the Service shall be the competent court under the Civil Procedure Act of the Republic of Korea.
Article 25 (Resolution of Disputes)
(1) The Company operates customer support channels to reflect Users' legitimate opinions and complaints and to propose reasonable solutions.
(2) Disputes between the Company and Users shall first be resolved through mutual consultation. If consultation fails, such disputes shall be resolved according to applicable laws and the determination of the court designated under Article 24.
(3) The provisions on governing law and jurisdiction set forth in Article 24 of these Terms shall apply to cross-border disputes as well.
Supplementary Provisions
- These Terms shall take effect on January 1, 2024.
- For Members who registered prior to the effective date of these Terms, these Terms shall apply after a 30-day grace period from the effective date.
- For agreements entered into prior to the effective date of these Terms, the terms in effect at the time of agreement formation shall apply.