Article 1 Purpose
The purpose of these Terms of Use is to comply with the terms and conditions of a contract on foreign tours entered into by and between “name of a travel agency” (hereinafter “Travel Agency”) and travelers and to set forth any matters to be observed in connection with the foregoing.
Article 2 Obligations of Travel Agency and Travelers
1) The Travel Agency shall perform its duties when establishing and carrying out a travel plan, such as arranging for and making announcements on tours, transportation, and accommodations, to ensure the provision of safe and satisfactory travel services for travelers.
2) Travelers shall actively cooperate with the Travel Agency in encouraging harmony among travelers and maintaining travel order for the purpose of ensuring safe and enjoyable tours.
Article 3 Definitions
The types and definitions of tours are as follows.
The definition of an agency business for foreign tours is as follows.
1) Planned tours mean those for which the Travel Agency recruits travellers via advertisements or other methods by specifying travel destinations, itineraries, transportation and accommodation services to be provided for travelers (hereinafter “Travel Services”), and travel fees and that are conducted by the Travel Agency.
2) Tailor-made tours mean those which are conducted by the Travel Agency after establishing overall plans on tours, such as transportation, accommodations, and sightseeing, and which satisfy travel terms and conditions desired by travelers (individuals or organizations).
3) The Agency works for foreign tours: this means that the conduct of the following work is entrusted by travelers to the Travel Agency and then conducted by the Travel Agency in return for a certain amount of entrustment fees from such travelers.
A. Procedures for the acquisition of visas, permits for re-entry and all kinds of certificates
B. Preparation of entry and exit documents as well as other related duties.
Article 4 Composition of Contract
1) A travel contract shall be composed of a travel agreement (attached), standard terms and conditions, and a travel schedule (or travel explanation).
2) The travel schedule (or explanation) shall include an itinerary, including travel sites, details of tours, means of transportation, shopping activities, accommodation sites, and meals for each travel date, details of services offered by the Travel Agency, and cautionary matters for travelers.
Article 5 Special Terms and Conditions
The Travel Agency and a traveler may sign special terms and conditions in writing to the extent of not violating relevant statutes. In this case, the Travel Agency shall explain to such a traveler that such special terms and conditions are different from the standard terms and conditions.
Article 6 Provision of Safety Information and Delivery of Agreement
When entering into a travel contract with a traveler, the Travel Agency shall provide travel terms and conditions and information on the safety of travel destinations as indicated in the website on the safety of foreign tours operated by the Ministry of Foreign Affairs (www.0404.go.kr). If the Travel Agency and a traveler enter into a travel contract, then the Travel Agency shall issue such a traveler one (1) copy of the travel agreement, general travel terms and conditions, and a travel schedule (or travel explanation).
Article 7 Deemed Delivery of Travel Agreements and General Travel Terms and Conditions
In the event of any of the following, it shall be deemed that a travel agreement, general travel terms and conditions, and a travel schedule (or travel explanation) have been delivered.
1) The traveler has agreed to a travel agreement, general travel terms and conditions, and a travel schedule (or travel explanation), all of which are made available via electronic information networks, such as the Internet, and applies for the execution of such a travel contract. The Travel Agency then informs the traveler of its intention to accept his/her application via electronic information networks or mechanical devices.
2) The traveler has agreed to a travel agreement, general travel terms and conditions, and a travel schedule (or travel explanation) that are provided by the Travel Agency via mechanical devices, such as fax, and transmitted a written form to apply for the execution of the travel contract. The Travel Agency then informs the traveler of its intention to accept his/her application via electronic information networks or mechanical devices.
Article 8 Travel Agency’s Liability
If the Travel Agency or its employees, or local travel agencies or their employees (hereinafter “Employees”), cause damage to travelers due to their willful misconduct or gross negligence regarding the duties of the Travel Agency as defined in Article 2, Paragraph 1 above from the start of a trip and to its end, then the Travel Agency shall be liable for such damage.
Article 9 Cancellation of Travel Contract upon Failure to Recruit a Minimum Number of Travelers
1) If the Travel Agency cancels a travel contract due to its failure to recruit the minimum number of travelers, then it shall notify travelers of such cancellation seven (7) days prior to the start of a trip.
2) If the Travel Agency cancels a travel contract due to a shortfall in the number of travel participants but without giving any notice under Paragraph 1 above, it shall not only refund the contractual deposit placed by each traveler but also pay each amount as specified below.
A. Upon notification one (1) day prior to the start of a trip: 30% of travel fees
B. Upon notification on the travel start date: 50% of travel fees
Article 10 Refusal to Execute Travel Contract
The Travel Agency may refuse to execute a travel contract with a traveler if any of the following reasons apply to the traveler.
1) The traveler is acknowledged to cause trouble to other travelers or to cause delays in the smooth implementation of a trip.
2) It is found to be difficult for the traveler to participate in travel due to his/her illness or other reasons.
3) There are more travelers recruited than the maximum number of travelers as specified in a travel agreement.
Article 11 Travel Fees
1) The travel fees in a travel agreement include each of the following. However, the fees of tailor-made tours can be determined by agreement of both parties.
A. Fares of means of transportation, such as airplanes, ships and trains (based on standard fares)
B. Fares of buses that run between airports, train stations, wharfs or ports, and hotels
C. Accommodation fares and meal charges
D. Guide fees
E. All kinds of taxes required during trips
F. Domestic airport and port service charges
G. Tourism Promotion Development Fund
H. Admission fees of tourist destinations on a travel schedule
I. Other costs incurred by individual contracts
2) The traveler shall pay a contractual deposit (10% or less of travel fees) to the Travel Agency when executing a travel contract. This contractual deposit shall be treated as the full or partial amount of travel fees or damages.
3) The traveler shall pay to the Travel Agency the remaining amount after subtracting the contractual deposit from the travel fees under Paragraph 1 above seven (7) days prior to the start of a trip.
4) The traveler shall pay the travel fees under Paragraph 1 above by credit card, funds transfer, or transfer without bankbook in the amount that he or she has promised to pay.
5) If the traveler’s insurance premiums are included in the fees of tailor-made tours, then the Travel Agency shall explain this to the traveler and provide the name of the insurance company and details regarding compensation.
Article 12 Changes in Travel Fees
1) If fares to be paid to transportation operators or lodging institutions during foreign tours increase/decrease by 5% or more compared to their costs at the time of executing the travel contract, or the foreign exchange rate rises/drops by 2% or more compared to the rates at the time of executing the travel contract, then the Travel Agency or a traveler may claim such increase/decrease in travel fees from the other party to the extent of such increase/decrease or such rise/drop.
2) If the Travel Agency raises travel fees in accordance with Paragraph 1 above, then the Travel Agency shall inform the traveler of such increase fifteen (15) days prior to the travel start date.
Article 13 Requirements for Change in Travel Terms and Conditions and Settlement of Travel Fees
1) Travel terms and conditions under Article 1 or Article 12 above may be changed in the event of any of the following.
A. Both parties agree that such change was requested by the traveler for his/her safety and protection or is inevitable under local circumstances.
B. Fulfilling the purpose of a trip is prohibited due to natural disasters, wars, the government’s orders, strikes in transportation and lodging facilities, and suspended operations.
2) If there is any increase/decrease in travel fees indicated in Article 11, Paragraph 1 above due to changes in travel terms and conditions under Paragraph 1 above and changes in travel fees under Article 12 above, then the Travel Agency shall settle (refund) such increase/decrease made prior to the start of a trip before the start of a trip. If the increase/decrease is made during a trip, then the Travel Agency shall settle this rise/drop in travel fees within ten (10) days after the end of such a trip.
3) If any damages are caused by any change in travel terms and conditions, which are made not under Paragraph 1 above or by the cancellation or termination of agreements under Article 14 or 15 below, then the Travel Agency shall settle (refund) such damages incurred prior to the start of a trip before the start of such a trip. If such damages are incurred during a trip, then the Travel Agency shall settle these damages within ten (10) days after the end of such a trip.
4) If a traveler does not receive any service included in travel fees, such as accommodation, meals, and tours, due to his/her circumstances after the start of a trip, then he/she may not claim the refund of corresponding travel fees from the Travel Agency. However, Article 16 below shall apply mutatis mutandis to cases in which a trip is halfway terminated.
Article 14 Indemnity
1) If local travel agencies and others cause damage to a traveler due to their willful misconduct or negligence, then the Travel Agency shall indemnify such a traveler for such damage.
2) If the Travel Agency fails to acquire visas, permits for re-entry, or all kinds of certificates required for travelers’ foreign tours due to a reason attributable to the Travel Agency, thus causing delays in the travel schedule of such travelers, then the Travel Agency shall indemnify travelers for 100% equivalent to the full or partial amount of fees received from such travelers in return for the service for acquiring such visas, permits, or certificates on behalf such travelers.
3) The Travel Agency shall indemnify a traveler for any damage suffered by such a traveler due to delayed departure or arrival by means of transportation, such as airplanes, trains, and ships or traffic jams. This foregoing clause shall not apply to the case where the Travel Agency proves that it has neither committed any willful misconduct nor has been negligent.
4) Unless the Travel Agency proves that the Travel Agency or its employes have exercised due care in receiving, delivering, and keeping travelers’ baggage, the Travel Agency shall be liable for any damage caused by the destruction, damage, or delayed arrival of such travelers’ baggage.
Article 15 Cancellation of a Travel Contract before the Start of a Trip
1) The Travel Agency or a traveler may terminate a travel contract before the start of a trip. Any damage incurred in such a case may be paid for in accordance with the Standard for Resolving Customer Disputes notified by the Fair Trade Commission.
2) If there is any event that falls under any of the following prior to the start of a trip, then the Travel Agency or a traveler may cancel a travel contract without paying for such damage as indicated in Paragraph 1 above.
A. Cases in which the Travel Agency may terminate a travel contract
i. Events under Article 13, Paragraph 1, Sub paragraph A or B above
ii. The traveler is acknowledged to cause troubles to another traveler or any delay in the smooth implementation of a trip.
iii. The traveler has any physical disorder, such as disease, making it impossible for him/her to participate in a trip.
iv. The traveler fails to pay for travel fees by a due date as specified in a travel agreement.
B. Cases in which a traveler may terminate a travel contract
i. Events under Article 13, Paragraph 1, Sub paragraph A or B above
ii. The traveler’s second-degree relatives have recently died.
iii. The traveler has any physical disorder, such as disease, making it impossible for him/her to participate in a trip.
iv. The traveler’s spouse or his or her direct ascendants or descendants are hospitalized for more than three (3) days due to physical disorders, and it is difficult for them to be discharged by the start of a trip.
v. It becomes impossible to carry out a trip according to the itinerary as indicated in the travel agreement or travel schedule (travel explanation) due to a cause attributable to the Travel Agency.
vi. The continuation of a trip is acknowledged to be difficult due to an increase in travel fees under Article 12, Paragraph 1 above.
Article 16.Termination of a Travel Contract after the Start of a Trip
1) The Travel Agency or a traveler may terminate a travel contract if there is an unavoidable cause after the start of a trip. However, in such a case, either party shall indemnify the other party for any damage suffered by the other party.
2) If a travel contract is terminated under Paragraph 1 above, then the Travel Agency shall cooperate in matters that are needed for a traveler to return home. Any costs arising this which are not attributable to the Travel Agency shall be borne by the traveler.
Article 17 Start and End of a Trip
A trip shall start when a traveler completes boarding procedures and end when the traveler gets out of a bonded area at the airport.
However, if there is any movement in Korea under a travel contract, then the trip shall start at the departure by a means of transportation in the first site of departure and end at the arrival by some means of transportation.
Article 18 Obligation to Explain
The Travel Agency shall explain material terms and conditions hereof and any change thereof so that travelers can understand such terms and conditions as well as such changes.
Article 19 Procurement of Insurances
The Travel Agency shall take out insurances or fraternal insurances or place business deposits, which are designed to pay insurance proceeds to travelers who suffer any damage in connection with trips.
Article 20 Miscellaneous
1) Any matters not specified herein or any discrepancy in the interpretation hereof shall be determined by agreement between the Travel Agency and the traveler. Failing to do so, such matters or discrepancy shall be resolved in accordance with relevant statutes and general practices.
2) If there is any justifiable reason, such as a trip to special areas, then the Travel Agency may stipulate special terms and conditions that are different from these standard terms and conditions.