Article 1 (Purpose)
This agreement is intended to specify the detailed implementation and compliance matters of the overseas travel contract entered into between 이공일컴퍼니(주) (hereinafter referred to as the "Company") and the traveler.
Article 2 (Obligations of the Company and Traveler)
- The Company shall faithfully perform the tasks entrusted to it in the process of planning and executing travel plans, including travel arrangements, guidance, transportation, and accommodation, in order to provide the traveler with safe and satisfactory travel services.
- The traveler shall actively cooperate in promoting harmony among travelers and maintaining travel order by the travel operator for safe and enjoyable travel.
Article 3 (Definition of Terms)
The types and definitions of travel and the definition of overseas travel agency are as follows:
- Packaged Tour: A tour conducted by the Company, which recruits travelers by advertising or other means, specifying travel destinations, tourist itineraries, travel services to be provided to travelers (hereinafter referred to as "travel services"), and travel fares in advance.
- Customized Tour: A tour planned and conducted by the Company according to the travel conditions desired by the traveler (individual or group), including transportation, accommodation, and sightseeing.
- Overseas Travel Agency Service (hereinafter referred to as "Agency Service Contract"): The Company undertakes the following tasks as agreed upon upon receipt of a designated agency service fee from the traveler and upon the traveler's request:
- Processing of passports, visas, re-entry permits, and various certificates.
- Preparation of entry and exit documents and other related tasks.
Article 4 (Composition of Contract)
- The travel contract consists of the travel contract form (attached hereto), travel terms and conditions, and travel itinerary (or travel description).
- The travel itinerary (or travel description) must include the itinerary for each day of travel, tourist destinations and activities, transportation, shopping opportunities, accommodation, meals, and any other services provided by the travel agency, as well as traveler instructions.
Article 5 (Formation of Contract)
When a traveler applies for overseas travel to the Company through oral, telephone, written, or other forms of communication, and the Company confirms such application in accordance with the prescribed procedures, if the traveler pays the amount separately notified by the Company as a deposit from the travel fee in accordance with Article 11, Paragraph 3, the travel contract shall be deemed to have been concluded.
Article 6 (Special Agreement)
The Company and the traveler may enter into a written special agreement within the scope not in violation of the relevant laws and regulations. In this case, the Company shall explain any differences from the standard terms and conditions to the traveler.
Article 7 (Provision of Contract Documents and Terms and Conditions)
If the Company enters into a travel contract with a traveler, it shall provide one copy each of the contract form, travel terms and conditions, and travel itinerary (or travel description) to the traveler.
Article 8 (Deemed Provision of Contract Documents and Terms and Conditions)
The Company and the traveler shall be deemed to have been provided with the travel contract form, travel terms and conditions, and travel itinerary (or travel description) in the following cases:
- In case the traveler agrees to the content of the travel contract form, terms and conditions, and travel itinerary (or travel description) provided via the internet or other electronic information network and applies for the conclusion of the travel contract, and the Company notifies the traveler of its acceptance through the electronic information network or mechanical device.
- In case the Company provides the travel contract form, terms and conditions, and travel itinerary (or travel description) using mechanical devices such as fax, and the traveler sends a written application for the conclusion of the travel contract, and the Company notifies the traveler of its acceptance through the electronic information network or mechanical device.
Article 9 (Cancellation of Contract in Case of Failure to Meet Minimum Number of Participants)
① If the company cancels the travel contract due to a shortfall in the number of participants, it must notify the traveler at least 7 days before the start of the travel.
② If the company cancels the contract without notifying within the period specified in the preceding paragraph due to a shortfall in the number of participants, it shall compensate the traveler in addition to refunding the contract deposit already received as follows:
a. If notified by 1 day before the start of the travel: 30% of the product price
b. If notified on the day of the travel: 50% of the product price
Article 10 (Refusal of Contract Conclusion)
The company may refuse to conclude a contract with the traveler if there are any of the following reasons:
1. When it is recognized to cause harm to other travelers or to hinder the smooth implementation of the travel.
2. When the travel is difficult due to illness or other reasons.
3. When the maximum number of participants specified has been exceeded.
4. When the minimum number of participants specified in the itinerary is not met.
Article 11 (Travel Fare)
① The travel fare in the travel contract includes the following items. However, items 1 to 9 are amounts that the traveler must directly pay at the travel destination, but the company may receive them on behalf of the traveler for convenience.
1. Fare for transportation facilities such as aircraft, ships, railways (based on normal fare standards)
2. Bus fares between airports, stations, piers, and hotels
3. Accommodation and meal expenses
4. Guide fees
5. Various taxes required during travel
6. Airport and port taxes both domestically and abroad
7. Tourism development fund
8. Admission fees to tourist attractions specified in the itinerary
9. Other costs according to individual contracts
10. Travel arrangement commission
② The following items are not included in the travel fare specified in the travel contract. However, for special trips, this will be according to the agreement between the parties.
1. Personal expenses during the trip (communication fees, customs duties, all tips, laundry fees, personally added food and drinks)
2. Any expenses that must be paid according to a doctor's diagnosis due to illness, injury, or other reasons during the trip
3. Costs incurred beyond specifications or regulations (additional charges for single room use, excess baggage transportation fees, etc.)
4. Costs not specifically stated on the itinerary
5. Travel procedure fees (passport fees, visa fees, etc.)
③ The traveler must pay the contract deposit (the amount separately notified as the contract deposit among the travel fare) to the company upon conclusion of the contract, and the contract deposit is treated as part or all of the travel fare or compensation amount.
④ The traveler must pay the balance of the travel fare excluding the contract deposit to the company by 7 days before the start of the travel.
⑤ The traveler must pay the travel fare specified in paragraph 1 to the company in the manner designated by the company (postal transfer, bank transfer, etc.).
⑥ If the traveler's insurance premium is included in the desired travel fare, the company must explain the insurance company name, compensation content, etc., to the traveler.
Article 12 (Change of Travel Fare)
① In the case of conducting overseas travel, if the fees to be paid to transportation and accommodation facilities increase or decrease by more than 5% compared to the time of contract conclusion, or if the foreign exchange rate applied to the travel fare increases or decreases by more than 2% compared to the time of contract conclusion, the company or the traveler may claim an increase or decrease in the travel fare within the scope of the increased amount.
② When the company increases the travel fare pursuant to the provisions of paragraph 1, it must notify the traveler 15 days before the start of the travel.
Article 13 (Conditions for Changing Travel and Settlement of Fees)
① The travel conditions specified in Articles 1 through 12 may be changed under the following circumstances:
1. When it is inevitably agreed by both parties due to the traveler's safety and protection or due to local circumstances or the traveler's request.
2. In cases where the purpose of the travel cannot be achieved due to natural disasters, war, government orders, strikes, closures of transportation or accommodation facilities, etc.
② In cases where changes in travel conditions pursuant to paragraph 1 and changes in travel fare pursuant to Article 12 result in an increase or decrease in the travel fare specified in Article 11(1), the increased or decreased amount must be settled (refunded) within 10 days after the end of the travel for changes before departure and within 10 days after the end of the travel for changes during the travel.
③ In cases where damages occur due to changes in travel conditions not in accordance with paragraph 1 or due to cancellation or termination of the contract pursuant to Articles 15 or 16, the increased or decreased amount must be settled (refunded) within 10 days after the end of the travel for changes before departure and within 10 days after the end of the travel for changes during the travel.
④ The traveler cannot claim a refund of the corresponding fee if the services included in the travel fare cannot be provided due to the traveler's own circumstances during the travel. However, in case of premature termination of the travel, it shall be handled in accordance with Article 14.
Article 14 (Compensation for Damages)
① If the company intentionally or negligently causes damage to the traveler, the company must compensate the traveler for the damage.
② If the company fails to obtain passports, visas, re-entry permits, or various certificates required for the traveler's overseas travel due to its own fault, the company must compensate the traveler for the entire amount received for processing fees and 100% of the corresponding amount.
③ The company must compensate the traveler for damages suffered due to flight delays, train delays, ship delays, etc., of transportation facilities, unless the company proves that there was no intention or negligence.
④ The company cannot avoid liability for compensation for damage to the traveler's luggage due to loss, damage, or delay unless it proves that it or its agent did not neglect the receipt, delivery, or storage of the traveler's luggage.
Article 15 (Cancellation of Contract before Departure)
① The company or the traveler may cancel this travel contract before departure. In this case, the amount of damages incurred shall be compensated in accordance with the 'Consumer Dispute Resolution Standards' (Fair Trade Commission Ordinance).
1. In case of a request from the traveler to cancel the travel contract (cancellation request by the traveler):
- If notified up to 20 days before the start of the travel (~20): Compensation of 10% of the product price
- If notified up to 10 days before the start of the travel (19~10): Compensation of 15% of the product price
- If notified up to 8 days before the start of the travel (9~8): Compensation of 20% of the product price
- If notified up to 1 day before the start of the travel (7~1): Compensation of 30% of the product price
- If notified on the day of the travel: Compensation of 50% of the product price
2. In case of cancellation notice due to the company's fault:
- If notified
up to 20 days before the start of the travel (~20): Compensation of 10% of the product price
- If notified up to 10 days before the start of the travel (19~10): Compensation of 15% of the product price
- If notified up to 8 days before the start of the travel (9~8): Compensation of 20% of the product price
- If notified up to 1 day before the start of the travel (7~1): Compensation of 30% of the product price
- If notified on the day of the travel: Compensation of 50% of the product price
However, in case it is unavoidable to conduct the planned travel due to failure to meet the minimum number of participants, the company shall compensate the traveler according to the provisions of Article 9 (Cancellation of Contract in Case of Failure to Meet Minimum Number of Participants).
② In case of reasons falling under each subparagraph of the following subparagraphs, the company or the traveler may cancel this travel contract before departure without paying the amount of damages specified in paragraph 1:
1. Cases where the company can cancel:
a. Cases falling under Article 13(1)(1) and (2)
b. When it is recognized that there is significant hindrance to the smooth implementation of the travel due to causing harm to other travelers or significant hindrance to the implementation of the travel
c. In case the traveler is unable to participate in the travel due to illness or other physical abnormalities stated in the contract by the date specified in the contract for the payment of the travel fare.
d. In case the traveler fails to pay the travel fare by the date specified in the contract.
2. Cases where the traveler can cancel:
a. Cases falling under Article 13(1)(1) and (2)
b. In case the traveler's relatives within the third degree of relationship die (however, the traveler must submit the following documents to the company)
1) Documents confirming relatives (family register, etc.)
2) Diagnosis certificate or autopsy report (death diagnosis certificate)
3) Other necessary documents
c. In case of inability to participate in the travel due to illness or other physical abnormalities of the traveler (however, the traveler must submit the following documents to the company)
1) Diagnosis certificate
2) Other necessary documents
d. In case the spouse or direct lineal ascendant or descendant is hospitalized for more than 3 days before the departure date and it is difficult to be discharged before the departure (one spouse or guardian only, however, the traveler must submit the following documents to the company)
1) Documents confirming relatives (family register, etc.)
2) Diagnosis certificate
3) Other necessary documents
e. In case the travel itinerary cannot be carried out as scheduled in the contract or travel schedule (travel description) due to the company's fault.
f. In case it is recognized that the continuation of the travel is difficult due to an increase in the travel fare pursuant to Article 12(1).
Article 16 (Termination of Contract after Departure)
① The company or the traveler may terminate this travel contract after departure if there is an unavoidable reason. However, they must compensate each other for the damages caused.
② In case of termination under paragraph 1, the company must cooperate in matters necessary for the traveler's return and the traveler shall bear the expenses required for this purpose, except for those not attributable to the company's fault.
Article 17 (Responsibility of the Travel Agency)
The travel agency shall be liable for damages caused to the traveler intentionally or negligently by the travel agency itself, its employees, local travel service providers, or their employees in connection with the duties of the travel agency as prescribed in Article 2, Paragraph 1.
Article 18 (Responsibility of the Traveler)
① The traveler shall be responsible for attending pre-travel briefing sessions organized by the travel agency to confirm the items listed in Article 11, Paragraph 1.
② The traveler shall cooperate faithfully with the duties of the tour guide for the smooth progress of the journey.
③ The traveler shall be liable to the travel agency for damages caused intentionally or negligently.
④ The traveler shall be responsible for the safekeeping of their valuables and belongings. In case of theft during the journey, the traveler or the insurance beneficiary shall promptly inform the insurance company of the incident and submit the following documents within a reasonable time:
1. Theft confirmation form
2. Statement of facts
3. Other necessary documents
⑤ Problems arising from physical disabilities or illnesses that were not notified to the travel agency before signing the travel contract shall be the responsibility of the traveler. However, in case of disabilities or illnesses occurring during the journey, the traveler or the insurance beneficiary shall promptly inform the relevant insurance company of the incident and submit the following documents immediately:
1. Accident certificate
2. Diagnosis certificate
3. Statement of facts
4. Receipts
5. Other necessary documents
⑥ The traveler shall be responsible for verifying the baggage entrusted to the airline before boarding. In case of damage to baggage transported on international flights, the traveler shall lodge a written objection with the carrier immediately upon discovering the damage, or no later than 7 days from the date of receipt of the baggage. In case of delay, the traveler shall lodge an objection with the carrier within 21 days from the date of receipt of the baggage.
Article 19 (Commencement and Termination of the Journey)
The journey commences upon completion of check-in (or boarding procedures in the case of maritime transport) and terminates when the traveler exits the customs-bonded area of the immigration checkpoint. However, in cases involving domestic travel as stipulated in the contract, the commencement and termination times shall be determined based on the departure and arrival times of the means of transport used at the initial departure point.
Article 20 (Duty of Explanation)
The travel agency shall explain important contents specified in the contract and any amendments thereto to ensure the traveler's understanding.
Article 21 (Insurance and Other Matters)
The travel agency shall take out insurance or provide a guarantee deposit to indemnify the traveler in case of damages incurred in relation to the journey.
Article 22 (Miscellaneous)
① In case of any matters not specified in this contract or disputes regarding the interpretation of this contract, the travel agency and the traveler shall reach an agreement. In the absence of an agreement, relevant laws and general practices shall apply.
② In cases of travel to special regions with valid reasons, terms different from those stipulated in the travel agency's terms and conditions may be applied.
③ These terms and conditions apply to package tours. Terms and conditions for other products such as air tickets, hotels, admission tickets, transportation tickets, etc., shall be governed by individual agreements (terms provided by the original supplier).
Transitional Provision
1. (Effective Date) These terms and conditions shall come into effect from January 1, 2014.