Standard terms and conditions for domestic  travel service

Standard terms and conditions No. 10020
【Amended on 2014.12.19.】

Article 1 (Purpose) These terms and conditions seek to set forth the specific performance of a domestic travel service contract concluded between XX travel agency and the 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 shall be defined as follows:

    1. General recruited travel: Travel service provided by recruiting travelers based on the travel terms and conditions set forth by the travel agency
    2. Traveler-arranged travel: Travel service provided by the travel agency based on the travel terms and conditions preferred by the traveler
    3. Entrusted recruited travel: Travel service provided by outsourcing the recruitment of travelers to another travel agency based on the travel terms and conditions of the outsourcing travel agency

Article 4 (Constitution of the 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 (Issuance of written contract or terms and conditions) The travel agency shall provide the traveler with one copy each of the contract, travel service terms and conditions, and itinerary (or travel description) when they enter into a travel service contract.

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)

① Article 8 (Responsibilities of the travel service provider) The travel agency shall be responsible for any and all malicious or negligent damages caused to the travelers by the agency 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.

② 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.

③ The travel agency shall compensate for damages sustained by 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 9 (Contract cancellation when the minimum number of persons is not recruited)

① When canceling a travel contract because the minimum number of persons is not recruited, the travel agency shall notify the travelers no later than 24 hours before the planned departure in case of a one-day trip or 48 hours before the planned departure in case of a trip of more than one night and two days.

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 an amount equivalent to 100% of the contract deposit in addition to issuing a refund.

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 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 required during the tour
    6. Charge for use of domestic airport and seaport
    7. Admission fees to the tourist destinations shown in the itinerary
    8. 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 under Para 1 on or before the day prior to the travel departure.

④ The traveler shall pay the travel fare under 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 (Requirements for changes to travel terms and conditions and settlement of fare)

① The travel terms and conditions under Articles 1 through 11 may be modified in 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 travel due to force majeure, war, government order, or strike or sabotage of transportation or lodging service providers.

② When the travel fare under Para 1, Article 11 is to be adjusted because of such modification of travel terms and conditions under Para 1, 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 14.

Article 13 (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 12;
     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 12;
     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;
     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; or
     e. When the travel as per the itinerary indicated in the contract becomes impossible due to reasons attributable to the travel agency.

Article 14 (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 15 (Start and end of the travel) The travel shall start at the departure time and shall end upon arrival at the final destination after completion of the travel itinerary. Note, however, that this shall not apply to modifications of the contract or itinerary.

Article 16 (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 17 (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 18 (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.