Standard Terms and Conditions for Overseas Travel
(Fair Trade Commission approved draft 2014, 12, 19, amended)

Article 1 (Purpose)

The purpose of these terms and conditions is to set forth the detailed implementation and compliance of the overseas travel contract concluded between 'Holiday Tour Co., Ltd.' and the traveler.

Article 2 (Obligations of travel agencies and travelers)

① Travel agencies must faithfully perform their duties in the process of establishing and executing travel plans, such as travel arrangements, guidance, transportation, and lodging, in order to provide safe and satisfactory travel services to travelers. ② Travelers must actively cooperate with the promotion of harmony among travelers and maintenance of travel order by travel agencies 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.

• 1. Planned travel: A tour in which a travel agency recruits and implements travelers through advertisements or other methods by determining travel destinations and tour schedules, contents of transportation and lodging services to be provided to travelers (hereinafter referred to as 'travel service'), and travel fares in advance.
• 2. Desired trip: A trip that a travel agency establishes and implements overall travel plans, such as transportation, lodging, and sightseeing, according to the travel conditions desired by travelers (individuals or groups).
• 3. Overseas travel check-in agency (hereinafter referred to as 'check-in agency contract'): The travel agency contracts to receive a predetermined check-in fee from the traveler, and the following tasks are listed according to the traveler's consignment (hereinafter referred to as 'check-in service')
  1) Procedures for obtaining visas, re-entry permits and various certificates
  2) Immigration document preparation and other related tasks

Article 4 (Constitution)

①A travel contract consists of a travel contract (attached), travel terms and conditions, travel itinerary (or travel manual) as contract contents. ② In the travel itinerary (or travel guide), travel destinations by travel date, tour details, transportation, shopping frequency, accommodations, meals, etc. must include.

Article 5 (Special Agreement)

Travel agencies and travelers may make special contracts in writing to the extent that they do not violate related laws and regulations. In this case, the travel agency must explain to the traveler the difference from the standard terms and conditions.

Article 6 (Provision of Safety Information and Issuance of Contract, etc.)

Travel agencies must provide travel agreements and travel destination safety information posted on the Ministry of Foreign Affairs' safe overseas travel website (www.0404.go.kr) when concluding a travel contract with a traveler. If a contract is concluded, the contract and itinerary (or travel manual) must be issued to the traveler.

Article 7 (Deeming delivery of contracts and terms and conditions)

In the following cases, the travel contract, travel terms and conditions, and travel itinerary (or travel manual) are deemed to have been issued.

• 1. When a traveler agrees to the contents of a travel contract, terms and conditions and travel itinerary (or travel guidebook) provided through an electronic information network such as the Internet and applies for the conclusion of a travel contract, the travel agency uses the electronic information network or mechanical device to give the traveler consent
• 2. A travel agent agrees to the contents of the travel contract, terms and conditions and travel itinerary (or travel guidebook) provided by the travel agent using a mechanical device such as a fax machine and sends a document requesting the conclusion of the travel contract, and the travel agent submits an electronic information network or mechanical device. In the case of notifying the traveler of the intention to accept it using a device, etc.

​​​​​​​Article 8 (Responsibility of the Travel Agency): The travel agency shall be liable if the travel agency itself, its employees, local travel agencies, or their employees (hereinafter referred to as the "agents") intentionally or negligently cause damage to the traveler in relation to the tasks specified in Article 2, Paragraph

Article 9 (Cancellation in Case of Failure to Meet Minimum Number of Participants):

If the travel agency cancels the travel contract due to the failure to meet the minimum number of participants, the travel agency must notify the traveler at least 7 days before the departure date. If the travel agency cancels the contract without notifying the traveler within the aforementioned period and the contract deposit has already been paid, the travel agency shall compensate the traveler in addition to refunding the contract deposit as follows: a. If the notice is given until 1 day before the departure date: 30% of the travel fare. b. If the notice is given on the day of departure: 50% of the travel fare.

Article 10 (Refusal to Conclude a Contract): The travel agency may refuse to conclude a contract with the traveler under the following circumstances:

When it is deemed that the traveler may cause harm to other travelers or disrupt the smooth execution of the trip. When the traveler is deemed unfit for the trip due to illness or other reasons. When the maximum number of participants specified in the contract has been exceeded.

Please note that this translation is based on the provided text and my knowledge as of September 2021. Legal documents can have nuanced meanings, and for accurate legal translations, it's recommended to consult with a professional legal translator or expert.

Article 11 (Travel Fare):

The travel fare in the travel contract shall include the following items. However, customized trips shall be subject to mutual agreement between the parties.

1. Fare for transportation services such as aircraft, ships, railways, etc. (based on ordinary fare standards)
2. Shuttle bus fare between airports, stations, piers, and hotels, etc.
3. Accommodation and meal expenses
4. Guide expenses
5. Various taxes required during the trip
6. Domestic and international airport and harbor taxes
7. Tourist development fund
8. Admission fees to tourist sites specified in the itinerary
9. Other expenses according to individual contracts

The traveler shall pay a deposit (less than 10% of the travel fare) to the travel agency at the time of contract conclusion, and the deposit shall be treated as part or all of the travel fare or compensation amount. The traveler shall pay the remaining balance of the travel fare (excluding the deposit) to the travel agency no later than 7 days before the departure date. The traveler shall pay the travel fare specified in paragraph 1 according to the agreed methods such as card payment, bank transfer, or non-face-to-face payment methods. If traveler insurance premiums are included in the preferred travel fare, the travel agency shall explain the insurance company's name, compensation details, etc. to the traveler.

Article 12 (Change of Travel Fare):

In the event that fees to be paid to transportation or accommodation facilities during international travel 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 travel agency or the traveler may request an adjustment of the travel fare within the range of the increased or decreased amount. When the travel agency increases the travel fare in accordance with the provisions of paragraph 1, they must notify the traveler at least 15 days before the departure date.

Article 13 (Conditions for Changing Travel Terms and Settlement of Fees):

The travel terms specified in Articles 1 through 12 may be changed under the following circumstances:

1. Both parties agree due to unavoidable circumstances for the safety and protection of the traveler or due to local conditions at the traveler's request.
2. When the trip's purpose cannot be achieved due to force majeure, war, government orders, strikes, closures of transportation or accommodation facilities, etc.

When changes in travel conditions or changes in travel fare under Article 12 result in an increase or decrease in the travel fare specified in Article 11, the increased or decreased portion must be settled (refunded) within 10 days after the trip ends if it occurs before departure or within 10 days after the trip ends if it occurs during the trip. If changes in travel conditions occur or if damages occur due to the cancellation or termination of a contract under Articles 14 or 15, the portion occurring before the departure must be settled (refunded) within 10 days before departure or within 10 days after the trip ends for the portion occurring during the trip. The traveler cannot claim a refund for services included in the travel fare, such as accommodation, meals, and sightseeing, if they are unable to receive them due to their own circumstances after the trip departure. However, if the trip is prematurely terminated, it shall be processed in accordance with Article 16.

Article 14 (Compensation for Damages):

If the travel agency or local travel agency intentionally or negligently causes damage to the traveler, the travel agency shall compensate the traveler for the damages. If, due to the travel agency's fault, the traveler cannot obtain visas, re-entry permits, or various certificates necessary for the traveler's overseas travel, resulting in disruptions to the traveler's itinerary, the travel agency shall compensate the traveler for the entire amount received for handling procedures and an amount equivalent to 100% of that amount. The travel agency shall compensate the traveler for damages incurred by the traveler due to flight delays, train delays, ship delays, or other disruptions caused by transportation facilities, provided that such damages were not caused by intentional or negligent actions of the travel agency. The travel agency shall not be exempt from liability to compensate for the loss, damage, or delay of the traveler's checked baggage unless they can prove that they or their agents have not been negligent in handling matters related to the receipt, delivery, or storage of the traveler's baggage.

Article 15 (Cancellation before Departure):

The travel agency 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's notification). The travel agency or the traveler may cancel this travel contract without compensating the other party for the amount of damages specified in paragraph 1 if there are reasons listed in the following items before departure:

1. Reasons for which the travel agency may cancel: a. Reasons specified in Article 13, Paragraph 1, Items 1 and 2. b. When it is determined that the traveler may cause harm to other travelers or significantly disrupt the smooth execution of the trip. c. When the traveler is unable to participate in the trip due to illness or other physical anomalies. d. When the traveler fails to pay the travel fare by the date specified in the contract.
2. Reasons for which the traveler may cancel: a. Reasons specified in Article 13, Paragraph 1, Items 1 and 2. b. When a close relative within the third degree of kinship of the traveler has passed away. c. When the traveler is unable to participate in the trip due to illness or other physical anomalies. d. When the spouse or direct line relatives are hospitalized for more than 3 days due to physical injuries and it is difficult to be discharged before the trip departure date. In this case, it applies to the spouse or guardian of the injured individual. e. When the travel itinerary specified in the contract or the travel schedule (travel description) becomes impossible to implement due to the travel agency's fault. f. When it is deemed difficult to continue the trip due to an increase in the travel fare specified in Article 12, Paragraph 1.

Article 16 (Termination after Departure):

The travel agency or the traveler may terminate this travel contract in the event of unavoidable circumstances after the trip departure. However, they must compensate for damages incurred by the other party as a result. In the case of termination under the provision of paragraph 1, the travel agency must cooperate with the traveler in matters necessary for the traveler's return. Any costs not attributable to the travel agency's fault shall be borne by the traveler.

Article 17 (Start and End of Travel): The start of the trip is considered to be the moment when the check-in (boarding in the case of ships) is completed, and the end of the trip is considered to be the moment when the traveler exits the customs zone of the port of entry. However, in cases where domestic travel is included in the contract, the departure and arrival times of the means of transportation used from the initial departure point shall apply.

Article 18 (Duty of Explanation): The travel agency must explain the important contents specified in the contract and any changes thereto to the traveler in a manner that the traveler can understand.

Article 19 (Insurance and Others): The travel agency shall either take out insurance or establish a security deposit for compensation to the traveler in case of damage arising in connection with this travel, or deposit a business guarantee fund to provide insurance benefits to the traveler.

Article 20 (Other Matters):

Matters not specified in this contract or disputes regarding the interpretation of this contract shall be resolved through mutual agreement between the travel agency and the traveler. In the absence of mutual agreement, relevant laws and general practices shall apply. In the case of travel to special areas with justifiable reasons, the contents of these standard terms and conditions may be modified accordingly.

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Regulations for Compensation of Consumer Damages in Overseas Travel - Revised by the Ministry of Finance and Economy on March 13, 1999 (Related to Article 15 "Cancellation before Departure" of the Overseas Travel Terms and Conditions)

Compensation for Consumer Damages due to Contract Cancellation by Travel Agencies:

In cases where the travel agency cancels the contract due to the travel agency's fault:

• If notified up to 20 days before departure: Refund of the travel contract deposit
• If notified up to 10 days before departure: Compensation of 5% of the travel expenses
• If notified up to 8 days before departure: Compensation of 10% of the travel expenses
• If notified up to 1 day before departure: Compensation of 20% of the travel expenses
• If cancellation is notified on the day of departure: Compensation of 50% of the travel expenses

In cases where the traveler requests cancellation of the travel contract:

• If cancellation request is made up to 20 days before departure: Refund of the travel contract deposit
• If cancellation request is made up to 10 days before departure: Compensation of 5% of the travel expenses
• If cancellation request is made up to 8 days before departure: Compensation of 10% of the travel expenses
• If cancellation request is made up to 1 day before departure: Compensation of 20% of the travel expenses
• If cancellation is requested on the day of departure: Compensation of 50% of the travel expenses

Exceptions to Cancellation Fees and Compensation:

• Exemptions for diplomatic relations with non-recognition countries and special countries.
• When a close relative within the third degree of kinship of the traveler has passed away.
• When the traveler is unable to participate in the trip due to a significant illness or injury.

Expenses Not Included in Travel Expenses: Many issues arise during travel due to guide/tour guide tips, optional tours, etc.

Costs not included in travel expenses:

• Personal expenses during travel (communication fees, customs duties, all types of tips, laundry fees, personally added food and beverages)
• Excess baggage fees (usually exceeding 20kg)
• Costs not specifically mentioned in the itinerary (optional tours, etc.)

Costs included in travel expenses:

• Transportation fares of transportation means specified in the itinerary (aircraft, ships)
• Accommodation and meal expenses specified in the itinerary (some items such as airline, hotel packages are excluded)
• Reception and transfer service costs at the airport (some items such as airline, hotel packages are excluded)