Article 1 (Purpose)
The purpose of this agreement is to define the detailed implementation and compliance requirements of the domestic travel contract concluded between 201 Company Travel Agency and travelers.
Article 2 (Types and Definitions of Travel)
The types and definitions of travel are as follows:
General Recruitment Travel: Travel conducted by the travel agency recruiting travelers according to established travel conditions.
Desired Travel: Travel conducted by the travel agency according to the desired travel conditions of the traveler.
Commissioned Recruitment Travel: Travel conducted by the travel agency entrusting the recruitment of travelers for travel products created by the travel agency to other travel companies.
Article 3 (Obligations of Travel Agency and Traveler)
① The travel agency must faithfully perform the tasks assigned during the establishment and execution of travel plans, such as travel arrangement, guidance, transportation, and accommodation, to provide safe and satisfactory travel services to travelers.
② Travelers must actively cooperate to promote harmony among travelers and maintain travel order as prescribed by the travel agency for safe and enjoyable travel.
Article 4 (Composition of Contract)
① The travel contract consists of the travel contract form (attached) and the travel terms and conditions/travel itinerary (or travel description).
② The travel contract form must include the travel agency's name, address, and information regarding the subscription of guarantees such as travel insurance pursuant to Article 9 of the Tourism Promotion Law (or the status of depositing business guarantees).
③ The travel itinerary (or travel description) must include the travel destinations and itinerary, tourism content, transportation, shopping opportunities, accommodation, meals, and other services provided by the travel agency, as well as traveler precautions.
Article 5 (Rejection of Contract Conclusion)
The travel agency may refuse to conclude a contract with the traveler if any of the following subparagraphs apply:
If there are reasons such as illness, physical abnormalities, etc., requiring individual management, or if it is recognized that it would interfere with the smooth implementation of group travel (causing inconvenience to other travelers).
If the maximum number of participants specified in the contract has been exceeded.
Article 6 (Special Agreement)
The travel agency and the traveler may enter into a special agreement in writing (including electronic documents; the same shall apply hereinafter) within the scope not violating relevant laws and regulations. In this case, the travel agency shall explain to the traveler that the content of the special agreement differs from the standard terms and conditions and takes precedence over the standard terms and conditions, and shall obtain separate confirmation from the traveler.
Article 7 (Provision of Contract Documents and Safety Information)
When entering into a travel contract with a traveler, the travel agency shall provide one copy each of the contract, travel terms and conditions, and itinerary (or travel description), and shall provide safety information regarding the travel destination. Furthermore, if there is a change in safety information for the travel destination before the commencement of the trip, the revised safety information shall also be provided.
Article 8 (Deemed Provision of Contract Documents and Terms and Conditions)
In the following cases, it shall be deemed that the travel agency has provided the traveler with the travel contract, terms and conditions, and itinerary (or travel description):
If the traveler agrees to the content of the travel contract, terms and conditions, and itinerary (or travel description) provided via the Internet or other electronic information network and applies for the conclusion of the travel contract, and the travel agency notifies the traveler of its acceptance through the electronic information network or mechanical device.
If the travel agency provides the traveler with the travel contract, terms and conditions, and itinerary (or travel description) using mechanical devices such as facsimile, and the traveler agrees to the content and applies for the conclusion of the travel contract in writing, and the travel agency notifies the traveler of its acceptance through the electronic information network or mechanical device.
Article 9 (Travel Fare)
① The travel fare in the travel contract shall include the following items. However, for custom trips, it shall be based on agreement between the parties:
Transportation fares for the use of transportation facilities such as airplanes, ships, and railways (based on regular fares).
Shuttle bus fares between airports, stations, ports, and hotels, etc.
Accommodation and meal expenses.
Guide expenses.
Various taxes required during the trip.
Domestic airport/port usage fees.
Entrance fees to tourist attractions as specified in the itinerary.
Other costs according to individual contracts.
② At the time of contract conclusion, the traveler shall pay a deposit (amounting to 10% or less of the travel fare) to the travel agency, and the deposit shall be treated as part or all of the travel fare or compensation amount.
③ The traveler shall pay the remaining balance of the travel fare, excluding the deposit, to the travel agency by the day before the departure date.
④ The traveler shall pay the travel fare specified in paragraph 1 to the travel agency according to the method agreed upon by the parties, such as by card, bank transfer, or non-face-to-face deposit.
⑤ If the traveler's insurance premium is included in the custom trip fare, the travel agency shall explain the insurance company name, compensation content, etc., to the traveler.
Article 10 (Conditions for Changing Travel Conditions and Settlement of Fees, etc.)
① The travel conditions specified in the contract may be changed only under the following circumstances:
When it is unavoidable due to the traveler's safety and protection, or due to local circumstances, as agreed upon by both parties.
In case the travel objectives cannot be achieved due to force majeure, war, government orders, strikes, closures of transportation/accommodation facilities, etc.
② If the travel agency changes the travel itinerary specified in the contract, the written consent of the traveler must be obtained before the start of the itinerary for that date. The written consent form shall include the date and time of the change, the details of the change, and the cost incurred by the change.
③ In cases where it is difficult to obtain the traveler's consent for the change of itinerary due to emergency reasons such as natural disasters, accidents, or kidnappings, the travel agency may not obtain the consent form for itinerary changes according to paragraph 2. However, the travel agency must explain the reasons for the change and the associated costs to the traveler in writing afterwards.
④ If there is an increase or decrease in the travel fare specified in paragraph 1 due to changes in travel conditions as stipulated in paragraph 1, settlement (refund) must be made within the period before the departure for changes occurring before the departure and within 10 days after the end of the trip for changes occurring during the trip.
⑤ If there is a claim for damages arising from changes in travel conditions not covered by paragraph 1 or due to cancellation or termination of the contract as specified in Articles 13 to 15, settlement (refund) must be made within the period before the departure for changes occurring before the departure and within 10 days after the end of the trip for changes occurring during the trip.
⑥ If the traveler is unable to receive services included in the travel fare such as accommodation, meals, and sightseeing due to personal circumstances after the start of the trip, the traveler cannot claim a refund of the corresponding amount from the travel agency. However, in cases where the trip is terminated midway, it shall be handled in accordance with Article 15.
Article 11 (Transfer of Traveler Status)
① In order for a traveler to transfer their status due to personal circumstances, the approval of the travel agency must be obtained. In this case, the travel agency may conditionally approve the transfer by requiring payment of the expenses incurred by the transferor or the transferee.
② If there are expenses incurred by the transfer as mentioned in the preceding paragraph, the travel agency must request payment of these expenses within a specified period.
③ The travel agency may refuse to approve the transfer as stated in paragraph 1 due to unavoidable circumstances such as contract conditions or difficulties in transfer.
④ The transfer becomes effective upon the approval of the travel agency. However, if the approval is conditional upon payment of expenses incurred by the transfer, the transfer shall become effective immediately upon payment of the expenses within the specified period.
⑤ When the traveler's status is transferred, all rights and obligations of the traveler related to the travel contract shall be transferred to the transferee.
Article 12 (Responsibility of the Travel Agency)
① If there is a defect in the travel, the traveler may demand correction of the defect or reduction of the fee from the travel agency. However, if the cost of rectification is excessively high or if rectification cannot reasonably be expected, the correction may not be demanded.
② The traveler may claim compensation alone for the correction request, reduction request, or both.
③ The rights under paragraphs 1 and 2 may be exercised during the travel period, and must be exercised within six months from the end of the trip.
④ The travel agency shall be liable if the traveler suffers damage due to intentional or negligent acts by the travel agency itself, its employees, local travel agents, or their employees in relation to the duties of the travel agency as specified in Article 3, paragraph 1.
⑤ The travel agency shall compensate for damages suffered by the traveler due to delayed flights, trains, ships, etc., or traffic congestion. However, this shall not apply if the travel agency proves that there was no intent or negligence on its part.
⑥ The travel agency shall compensate for damages caused by loss, damage, or delay of the traveler's baggage unless it proves that it did not neglect the receipt, delivery, or storage of the traveler's baggage or cargo.
Article 13 (Cancellation Before Departure)
① The travel agency or the traveler may cancel this travel contract before departure. In this case, the amount of damages incurred shall be compensated according to the "Consumer Dispute Resolution Standards" (Fair Trade Commission Notice).
② The travel agency or the traveler may cancel this travel contract without paying the compensation amount under paragraph 1 to the other party if there is a reason under each of the following subparagraphs before departure:
Reasons for cancellation by the travel agency
a. In cases specified in Article 10, Paragraph 1, Subparagraphs 1 and 2.
b. When the traveler causes harm to other travelers or significantly hinders the smooth conduct of the trip.
c. When the traveler becomes unable to participate in the trip due to illness or other physical abnormalities.
d. When the traveler fails to pay the travel fare by the deadline specified in the contract.
Reasons for cancellation by the traveler
a. In cases specified in Article 10, Paragraph 1, Subparagraphs 1 and 2.
b. When the travel agency fails to join the deductions or insurance as per Article 18, or fails to deposit the operating guarantee.
c. When a third-degree relative of the traveler dies.
d. When the traveler becomes unable to participate in the trip due to illness or other physical abnormalities.
e. When the spouse or direct ascendant/descendant is hospitalized for more than three days due to illness or injury until the departure date, and it is difficult to be discharged before departure for the guardian.
f. When the travel agency becomes unable to conduct the trip as scheduled in the contract due to its fault.
Article 14 (Cancellation Due to Failure to Meet Minimum Number of Participants)
① If the minimum number of participants is not met, the travel agency must notify the traveler 24 hours before the departure for day trips and 48 hours before the departure for trips lasting one night or more.
② If the travel agency cancels the contract without notifying the traveler within the specified period in the preceding paragraph, it must compensate the traveler with an amount equivalent to 100% of the deposit received, in addition to refunding the deposit.
Article 15 (Termination After Departure)
① If there are unavoidable reasons after the trip has started, either party may terminate the travel contract. However, if the reason is attributable to one party's fault, the other party must compensate for the damages.
② If the travel contract is terminated pursuant to paragraph 1, the travel agency obligated to provide return transportation must transport the traveler back.
③ Additional costs incurred due to the termination pursuant to paragraph 1 shall be borne by the party responsible for the termination. If neither party is responsible, each party shall bear 50% of the additional costs.
④ The traveler may terminate the contract if there is a significant defect in the trip and the defect is not rectified or if the performance of the contract cannot be reasonably expected.
⑤ If the contract is terminated pursuant to paragraph 4, the travel agency loses the right to claim payment. However, if the traveler has benefited from the trip, the travel agency must refund the benefits to the traveler.
⑥ If the contract is terminated pursuant to paragraph 4, the travel agency has an obligation to take necessary measures due to the termination of the contract, and if there is an obligation to provide return transportation, the travel agency must transport the traveler back. In this case, the travel agency must bear the cost of return transportation, but if there is a significant reason, the travel agency may charge the traveler for part of the cost.
Article 16 (Commencement and Termination of Travel)
The commencement of travel starts from the moment of departure and ends upon arrival at the final destination upon completion of the travel itinerary. However, there are exceptions when changes are made to the contract or itinerary.
Article 17 (Obligation to Explain)
The travel agency must explain the important contents specified in this contract and any changes thereto to ensure that the traveler can understand them.
Article 18 (Insurance and Other Matters)
The travel agency must subscribe to insurance or provide a guarantee to cover damages incurred by the traveler in relation to the travel, in order to pay insurance benefits to the traveler.
Article 19 (Other Matters)
① Matters not specified in this contract or disputes regarding the interpretation of this contract shall be resolved through agreement between the travel agency and the traveler. In the absence of agreement, relevant laws and general customs shall apply.
② In the case of travel to special regions for valid reasons, terms different from those stipulated in this standard contract may be applied.
|