Standard terms and conditions for overseas travel service

Standard terms and conditions No. 10021
【Amended on 2014.12.19.】

Article 1 (Purpose) These terms and conditions seek to set forth the specific performance of an overseas travel service contract concluded between XX travel agency and a traveler and other matters that they should follow.

Article 2 (Obligations of the travel agency and travelers)

① The travel service provider (or travel agency) shall faithfully perform its mission in the development and performance of travel plans, including travel agency services, information, transportation, and lodging, in order to provide the travelers with satisfactory travel service.

② The travelers shall actively cooperate with the travel agency to promote unity among them and to maintain travel order for a safe, pleasant travel.

Article 3 (Types and definition of travel) The types of travel and overseas travel processing services shall be defined as follows:

    1. Planned travel: Travel service provided by a travel agency by recruiting travelers through advertising or other means based on the travel services determined by the travel agency in advance, including travel destinations, itinerary, transportation, lodging, and meal services to be provided to the travelers

    2. Traveler-arranged travel: Travel service provided by a travel agency for travelers (individuals or groups) by developing an overall plan for transportation, lodging, sightseeing, etc., based on the travel terms and conditions preferred by the travelers

    3. Entrusted handling of overseas travel procedures (“contract for processing service”): The travel agency provides services for performing the following duties based on the travelers’ entrustment (“processing services”) in return for the service fees to be paid by the travelers:

      1) Services for obtaining visa, re-entry permit, or other certificates
      2) Preparation of travel documents and related services

Article 4 (Constitution of contract)

① Travel contracts shall consist of written travel plans (attachment), travel service terms and conditions, and travel itinerary (or travel service description).

② The travel itinerary (or travel service description) shall include travel programs consisting of travel destinations by day, sightseeing details, transportation means, shopping times, lodging facility, food, etc., services provided by the travel agency, and warnings to the travelers.

Article 5 (Special agreement) The travel agency and travelers may enter into special agreements in writing within the extent that they do not violate the relevant statutes. In such case, the travel agency shall explain to the travelers that the special agreement is different from the standard terms and conditions.

Article 6 (Provision of safety-related information and issuance of written contract) The travel agency shall provide the travelers with information concerning safety at the destinations set forth under these terms and conditions and displayed on the Foreign Ministry Overseas Safety Travel website ( http://www.0404.go.kr) when signing a travel contract with travelers. The travel agency shall also furnish the travelers with one copy each of the written contract and itinerary (or travel description).

Article 7 (Presumed issuance of written contract or terms and conditions) In the following cases, the travel agency shall be deemed to have issued to the travelers the written travel contract, terms and conditions, and itinerary (or travel description):

1. When the travel agency has accepted the traveler’s subscription using a digital network or a mechanical device in case the traveler subscribes to the travel contract by agreeing to the contents of the travel plan, terms and conditions, and travel itinerary (or description) provided over the Internet or other digital network; or

2. When the travel agency has notified the traveler of the agency’s acceptance by a digital network or a mechanical device in case the traveler sends his written subscription to the travel contract by agreeing to the contents of the travel plan, terms and conditions, and travel itinerary (or description) provided by facsimile or other mechanical device

Article 8 (Responsibilities of the travel agency) The travel agency shall be responsible for any and all malicious or negligent damages caused to the travelers by it or its employee or local travel service providers or their employees (“employees”) in connection with its mission set forth in Para 1, Article 2 from the departure to the arrival time.

Article 9 (Contract cancellation when the minimum number of persons is not recruited)

① The travel agency shall notify the travelers no later than seven days before departure when canceling a travel contract because the minimum number of travelers is not recruited.

② When the travel agency cancels a travel contract because the minimum number of persons is not recruited but fails to notify the travelers within the time limit set forth in the foregoing paragraph, it shall pay any of the following amounts as applicable in addition to issuing a refund of the contract deposit:
    a. If travelers are notified one day before departure: 30% of the travel fare
    b.  If travelers are notified on the day of departure: 50% of the travel fare

Article 10 (Refusal of contract conclusion) The travel agency may refuse to conclude a contract with a traveler in any of the following cases:

    1. When the traveler is expected to cause inconvenience to other travelers or impediment to smooth travel service
    2. When the traveler is deemed unable to go on the travel because of disease or other similar cause; or
    3. When the maximum number of people specified in the written contract has been exceeded.

Article 11 (Travel fare)

① The travel fare indicated in the travel contract shall include the following  (in case of a traveler-arranged travel, however, these shall be subject to the agreement between the parties):

    1. Transport fare (based on regular fare), such as airfare, vessel fare, train fare, etc.
    2. Bus fare between hotel to airport, train station, or ferry pier
    3. Lodging and meals
    4. Guide-related expenses
    5. Various taxes to be paid during the travel
    6. Domestic and overseas airport or seaport tax
    7. Dues to be paid to the Tourism Promotion and Development Fund
    8. Admission fees to the tourist destinations shown in the itinerary
    9. Other expenses incurred based on individual contracts

② The traveler shall pay a contract deposit (10% or less of the total travel fare) at the time the travel contract is concluded. The contract deposit shall be used in part or in whole for the travel fare or damage compensation.

③ The traveler shall pay to the travel agency the balance of the travel fare except the contract deposit in Para 1 on or before the day prior to the travel departure.

④ The traveler shall pay the travel fare in Para 1 via credit card or wire transfer or by making a deposit as agreed upon between the parties.

⑤ When the insurance premium is included in the fare for a traveler-arranged travel, the travel agency shall provide to the traveler the insurance carrier name and coverage details.
Article 12 (Change of travel fare)

① Either party may request the other party to increase or decrease the travel fare within the extent of the fluctuation of fare when the fare payable to transportation or lodging service providers fluctuates by 5% or more or the currency exchange rate fluctuates by 2% or more at the time the contract is signed.

② When increasing the travel fare pursuant to Para 1, the travel agency shall notify the travelers no later than 15 days before departure.

Article 13 (Requirements for changes to travel conditions and settlement of fare)

① The travel terms and conditions under Articles 1 through 12 may be modified in any of the following cases:

    1. When the modification is requested by the travelers for their safety or protection, or both parties agree because of inevitable local conditions; or
    2. When it is impossible to achieve the purpose of the travel because of force majeure, war, government order, or strike or sabotage of transportation or lodging service providers.

② When the travel fare in Para 1, Article 11 is to be adjusted because of the modification of the travel terms and conditions in Paragraph 1 or changes in travel fare under Article 12, the travel agency shall settle (or refund) the portion paid in advance before departure or the portion paid during the travel within 10 days of completion of the travel.

③ If the travel terms and conditions are modified in violation of Para 1, or damages should be compensated for because of cancellation or termination of the contract pursuant to Article 14, the travel agency shall settle (or refund) the portion paid in advance before departure or the portion paid during the travel within 10 days of completion of the travel.

④ The traveler shall not claim a refund of the relevant travel fare for services such as lodging, meals, or tour services included in the travel fare but were not provided because of the traveler’s circumstances after departure. When the travel is discontinued midway, however, the case shall be handled based on Article 16.

Article 14 (Damages)

① The travel service provider shall compensate the traveler for damages caused intentionally or due to negligence by the local travel service providers and others.

② The travel agency shall refund the entire amount received for the processing services and pay 100% of the amount when the travel itinerary is affected by failure to obtain entry visa, re-entry permit, or various other certificates for reasons attributable to the travel agency.

③ The travel agency shall compensate for damages sustained by travelers due to the delayed departure or arrival of air flights, trains, vessels, etc., or traffic congestion or other similar causes. Note, however, that this shall not apply when the travel agency proves the absence of intention or negligence on its part.

④ The travel agency shall compensate for damages sustained by its travelers due to loss, damage, or late arrival of their baggage unless it proves that neither it nor its employees have neglected the receipt, delivery, or storage of their baggage.

Article 15 (Contract cancellation before departure)

① The travel agency or the traveler may cancel the travel contract before the travel departure. In such case, the damages shall be compensated for pursuant to the Guidelines for the Settlement of Consumer Disputes (public notice by the Fair Trade Commission).

② Either party may cancel the travel contract without compensating the other party for any resulting damage when a cause falling under any of the following arises before departure:

    1. When the contract can be canceled by the travel agency:

     a. Causes falling under Subpara 1 or 2, Para 1, Article 13;
     b. When the traveler is expected to cause inconvenience to other travelers or impediment to smooth travel service;
     c. When the traveler is unable to participate in the travel because of his disease or other abnormal bodily conditions; or
     d. When the traveler fails to pay the travel fare by the date set forth in the contract.

    2. When the contract can be canceled by the traveler:

     a. Causes falling under Subpara 1 or 2, Para 1, Article 13;
     b. When a close blood relative (uncle, aunt, nephew, or niece) of the traveler dies;
     c. When the traveler is unable to participate in the travel because of his disease or other abnormal bodily conditions; or
     d. The spouse or a caretaker of the traveler or his/her parents or children who fell ill cannot be discharged from the hospital (clinic) before the travel departure after being admitted three or more days before;

     e. When the travel cannot be carried out as per the itinerary indicated in the contract or itinerary (or description) due to reasons attributable to the travel agency; or
     f. When continuing the travel is deemed impossible because of the increased travel fare pursuant to Para 1, Article 12.

Article 16 (Contract cancellation after departure)

① The travel agency or the traveler may cancel the travel contract after departure for unavoidable reasons. Note, however, that the defaulting party shall compensate for the damages sustained by the other party.

② When a contract is canceled pursuant to Para 1, the travel agency shall assist the traveler in returning home. Unless the contract is canceled for reasons attributable to the travel agency, the traveler shall shoulder the return expenses.

Article 17 (Start and end of travel) The travel shall start at the time the processing for boarding is completed and shall end at the time the travelers leave the bonded zone of the arrival lounge. If the travel contract includes inland movement or carriage, the travel shall start at the time of departure from the initial starting point and shall end at the time of arrival at the destination.

Article 18 (Obligation to explain) The travel agency shall explain about the key details of the contract or changes so that the traveler may understand them.

Article 19 (Purchase of insurance) The travel agency shall purchase insurance, subscribe to mutual aid, or make a business deposit in order to pay insurance money to the travelers in case they suffer damages in connection with the travel.

Article 20 (Others)

① If any dispute arises concerning matters other than those specified in this contract or its interpretation, the travel agency and the travelers shall attempt to settle it amicably. If not settled between the parties, such dispute shall be governed by the relevant statutes or general business practices.

② The parties may determine different travel details from these standard terms and conditions if such deviations are justified by a trip to a special region.