Terms and Conditions for Memberships
Article 1. Purpose
These Terms and Conditions use the services provided by https://www.todaysfriend.com/, which is operated by ‘Todays friend’ (hereafter "Company") (hereinafter referred to as "Service"). The purpose is to define the rights and duties and responsibilities of "us" and users.
Article 2. Definition
① "Our company" refers to Todays friend who provides the services, and in order to provide services to the users of Todays friend. It is also used in the sense of cyberspace.
② "User" means a member or non-member who accesses "Company" and receives services provided by "Company" in accordance with these Terms and Conditions.
③ "Member" means a person who has provided personal information to "Company" and registered as a member, and who can continue to use the services provided by "our company".
④ "Local trip" is a product plan to experience a local culture, place, or food that local friends want to show travelers based on their experiences and knowledge.
⑤ "Local friend" means a person who provides a local life experience to a foreigner friend as a member.
⑥ "Foreigner friend" means a person who purchases and participate a local living culture experience product provided by us.
Article 3. Clarification and Amendment of Terms
① "Company" shall notify the contents of this Agreement, the name of the representative, the address of the office, the address (including the address where the consumer can handle the complaint), the telephone number, the e-mail address, the business registration number, and person in charge of personal information management in the initial service screen (all pages) of "our company" website so that users can easily know. However, the contents of the agreement can be made available to the user through the intention.
② If "Company" does not do any violation of applicable laws such as Consumer Protection Law, Electronic Commerce Act, Digital Signature Act, Promotion of Information Network Usage Act, conditions can be revised.
③ The terms and conditions changed in accordance with Clause 2 will be announced on the first page of our website 7 days before application. However, disadvantageous change of the content of the Terms against the user will be announced at least 30 days before the grace period. In this case, "we" clearly compares the contents before and after the revision with respect to the important contents and displays them for the user to understand.)
④ If "we" amend the terms, the amended terms and conditions apply only to the contracts entered after the effective date of the amendment, and the provisions of the pre-amendment terms will apply to the contracts that have already been concluded before that date. However, if the user wishes to receive the provisions of the amendment clause, the amendment clause shall apply from the date of the amendment to the "amendment" clause of clause 3.
⑤ If "Company" amends the terms, you have the right not to accept the revised Terms. If you do not agree with the revised terms, you may stop using the service and ask us to withdraw. However, if you fail to express your intention to disagree with the amendment clause of "our company" within the grace period of the amendment clause, you will comply with the amendment clause.
⑥ This Agreement is the basic agreement between us and the user regarding the use of the Service. "We" may, if necessary, determine the applicable matters (hereinafter referred to as the "individual terms") to be applied in relation to a specific service and agree to these individual terms and conditions. The terms have a supplementary effect. As for the amendment of individual terms, Clause 3 and 4 above shall apply.
Article 4. Providing and Changing Services
① "We" performs the following duties:
(1) Reservation and settlement intermediary experience of local life culture between "local friend" and traveler.
(2) Other duties set by us
② "Company" can change the contents of the service to be provided by the agreement to be concluded in future in case of out of stock service or change of technical specification. In this case, specify the content of the changed service and the date of the service, and immediately notify the place where the contents of the current service are posted.
③ "Company" may entrust a part of the service to a third party such as an affiliated company if necessary. In this case, "Company" will explain to the users of the service about the specific content and scope of the consignment in advance.
Article 5. Service Termination
1. "Connection" means maintenance, replacement or breakdown of information and communication equipment such as computer, disruption of communication, congestion of service utilization and national emergency, power failure, etc. If problem arises on such cases, our service can be stopped temporarily.
2. When company cannot provide service permanently due to business reasons, we announce it on the front page of our website 30 days before the service interruption and shutdown schedule.
Article 6. Sign Up
1. The local friend will apply for membership by filling in the member information in accordance with the registration form set by "our company" and expressing his intention to agree to these terms and conditions.
2. "Company" shall register as a member of the local friends who have applied for the membership as in Paragraph 1, unless they fall within the following cases.
① In case of applicant has lost his / her previous membership pursuant to Clause 7 (3) of this Agreement. Exception is that you may pass on your re-entry 3 years after of the loss of membership under Article 7 (3).
② In case of false, missing, or missing entries in the registration form.
③ If it is judged that registering as other members may cause a significant detriment to the normal service provision of "our company"
3. The establishment period of membership is the time when "we" sent the member's intention of approval.
4. If there is any change in the registration information pursuant to Paragraph 1, the member shall promptly notify "us" of the change by e-mail or other means.
Article 7. Withdrawal / Suspension / Loss of Membership
1. Members may request withdrawal from "us" at any time and "we" will handle the withdrawal of the member within a reasonable time unless special circumstances exist.
2. If a member applies to any of the following grounds, the Company may suspend or withdraw from membership.
① If you register false information at the time of application.
② If you do not pay on the due date for the payment of service products purchased using "our company".
③ If you threatens the order of e-commerce, such as interfering with the use of "us" by others or stealing the information.
④ If you interfere with our business by the following acts :
I. Disclose unfounded facts or false facts related to the operation of "our company" and defeat the credibility of our company.
II. Be abusive or lewd and engages in serious work environment.
III. Interrupt our business due to frequent contact without no reason, disturbance or intimidation, compensation for unidentified damages (reserve, cash, and commodity).
IV. With no particular fault in the goods or services purchased through "our company", you interfere with the business of the company due to habitual cancellation after partial use, request for all or part of the refund.
⑤ The right to use the service, or to assign, lease or collateralize the contractual status with other "us" to another person.
⑥ In case of doing commercial business using the service of "Company" without prior written consent of "Company"
⑦ When the information obtained through the service is copied, distributed, transmitted or otherwise used for purposes other than the use of the service without prior consent of the Company.
⑧ To defame or insult others' honor.
⑨ In case of engaging in obscene acts during "local trip" through "our service"
⑩ In the event of any violation of these terms and any other provisions of the "Company".
3. "We" may deprive membership if the same activity is repeated two or more times after "our company" has suspended membership or if the reason is not corrected within 30 days.
4. If we deprive membership, we will cancel membership registration. In this case, you will be notified of the membership and given at least 30 days prior to the termination of the membership registration.
Article 8. Notice to Members
1. In the event that "we" notifies the member, we may do so at the e-mail address submitted to us at the time of membership application.
2. "We" may substitute for individual notice by posting on the "Company" announcement board for more than one week in case of notice to a group of unspecified members. However, matters that have a material effect on the member's transactions are individually notified in the manner described in Paragraph (1) above.
Article 9. Management of Post
1. "We" may remove, move or refuse registration without notice by posting and materials (including links) falling under each of the following subparagraphs:
(1) A post that damages or insults another person's reputation
(2) A post of obscene content
(3) A commercial post for the purpose of profit that "we" did not agree in advance
(4) A post that infringe on the copyrights of others
(5) A post that is judged to be likely to cause a deterioration in the smooth provision of "our company" or that is in violation of relevant laws and regulations and social norms
Article 10. Information and Advertising
We may provide you with various information that you deem necessary during your use of the service, through e-mails, postal mail, SMS, and telephone. However, members may refuse to receive SMS, e-mail, etc. at any time, except for the information related to transactions and inquiries related to the relevant laws.
Article 11. Payment Method
The payment for our services or the payment for the local living culture experience from us shall be made by the method specified by the user among the following methods.
(1) Online bank transfer, virtual account transfer, real-time account transfer
(2) Prepaid cards, debit cards, domestic and overseas credit cards
(3) Payment by electronic payment means such as PayPal
(4) Other means of payment accepted by us (discount coupons, points, etc.)
Article 12. Coupons
1. The Company shall issue a valid certificate (referred to as "coupon") that is used to purchase or use services related to the local living culture experience by "local friends”. And we can provide and sell such coupons to users.
2. The User shall not share the "Coupon" purchased or provided by "Company" to another person free of charge or in an improper manner (such as hacking, falsification or alteration of data, use of code issued for others). In the event that a user acquires or uses a "coupon" in violation of this section, "we" may refuse to provide the services required by the user and may claim compensation for damages incurred to us.
3. In the case of membership termination, the matters related to the refund of the "coupon" held by the user shall be in accordance with Article 7 of the Korea Fair Trade Commission Standard Terms and Conditions No. 10073,
"Coupon" will expire with termination of use contract.
Article 13. Use of Membership Points
1. "We" may give you a certain amount of points depending on your purchasing activity, event participation, delivery delay compensation, etc.
2. The user can use the points as a payment method when purchasing the products of our company. We will post the points on the standard of the points, the usage method, and valid time, usage conditions on our website and
application screen.
3. Points can only be used for a fixed period of time and will expire automatically if the period expires.
4. Points cannot be refunded in cash and will expire when the point of use expires or the contract expires.
5. You may not transfer points to third parties or other identities, nor may you transfer or convert to cash.
6. We may restrict the use of points or cancel application for purchases using points, if the user acquires points by unauthorized methods such as methods not provided by the Company or providing false information or uses points for
illegal purposes.
7. When you withdraw from "Membership", unused points will be extinguished immediately after withdrawal.
Article 14. Compensation for Damages
1. We will indemnify the User and third parties for damages caused by the Company's negligence. However, damages caused by special circumstances are liable to compensation only when "we" knew or understood the circumstances.
2. The provisions of Paragraph (1) shall apply mutatis mutandis where the User causes damage to the Company due to the violation of the provisions of this Agreement.
Article 15. Compensation Exceptions
"The Company" shall not be liable for damages in the case of any of the following cases:
(1) If the service cannot be provided due to natural disasters, war or other force majeure
(2) Damages caused when telecommunication service provider ceases to provide services or does not provide it normally
(3) Damages due to unavoidable reasons such as maintenance, replacement, periodic inspection and construction of service facilities
(4) Damages caused by the user
Article 16. Our Scope of Responsibility
1. We will provide only the tools (platform) to enhance the reliability and stability of transactions between local friends and travelers, and each shall bear the responsibility for the transactions between local friends and travelers
themselves.
2. "Company" has no obligation to intervene in any dispute arising in service between the user and the third party, nor to compensate for the damage caused by the dispute.
3. In relation to paragraphs 1 and 2, however, "the Company" may propose arbitration for resolving disputes or operate an autonomous dispute mediation center pursuant to the internal guidelines.
Article 17. Privacy policy
Privacy matters concerning the protection of personal information are subject to the conditions stipulated in the privacy policy separately posted on the website of "our company".
Article 18. Our Obligation
1. "We" shall not engage in any act that is prohibited by laws and regulations, or in contravention of public order, and shall endeavor to provide continuous and stable service as provided in these Terms and Conditions.
2. "We" must have a security system to protect the user's personal information (including credit information) so that the user can use the service safely.
Article 19. Duty to Member’s ID and Password
1. Members are responsible for managing their ID and password.
2. Members should not allow their ID and password to be used by a third party.
3. If a member recognizes that his / her ID and password are stolen or used by a third party, he / she shall notify "us" immediately and shall follow the available instructions of "us".
Article 20. Obligation of User
The user should not act as the following:
(1) Registration of false contents when applying or changing
(2) Information theft of others
(3) Infringement of intellectual property rights such as copyrights of "us" and other third parties
(4) Acts that impair the honor of "us" or other third parties or disrupt our business;
(5) Posting on "Our Services" of libelous or violent content
(6) Using any of our events (coupons, etc.) services not in accordance with our service policy
(7) Acting inappropriate to Company or any other user of the Company
(8) Acting directly with guides and third parties for all travel products, without intermediation of "our company"
(9) Attempts to purchase services that are restricted by statute
(10) Any other act that is likely to cause significant disruption to the processing of the Company's business in violation of these Terms and any related laws and regulations
Article 21. Members’ Posts and Copyrights
1. The term "post" refers to articles, photos, various files and links posted by a member while using the service.
2. The copyright of the post posted by the member belongs to the member who posted it.
3. The Company may use the posts posted by the Member free of charge for promoting the Company and promoting the contents.
4. However, if a member terminates the contract, the post that has been reposted or replicated by others, such as postings, postings combined with others' posts, and postings on public bulletin boards will not be deleted.
Article 22. Dispute Resolution
1. In the event of a conflict or complaint during a tour between a traveler and a local friend, the traveler and local friend shall notify the Company of such fact.
"We" establishes or operates the damage compensation processing organization in accordance with the relevant laws and regulations and "our" internal policies reflect legitimate opinions or complaints posed by users and to compensate for their damages.
2. "We" shall endeavor to deal with complaints and opinions submitted by users first, and in the case of intermediary products, in order to facilitate consultation between the third parties and travel users, Company has the right to mediate according to internal policy. However, in the event that it is difficult to process promptly, the user shall be notified immediately of the reason and the processing schedule.
3. If there is an application for damages relief from the user regarding the e-commerce dispute between "us" and the user, we may guide the application of the dispute settlement agency commissioned by the Fair Trade Commission or the city / governor.
Article 23. Jurisdiction and Governing Law
1. Jurisdiction over disputes arising between "us" and users shall be subject to the agreement of the parties and shall be subject to the jurisdiction of the Civil Procedure Law unless otherwise agreed in advance.
2. The laws of the Republic of Korea apply to lawsuits filed between "us" and users.
Article 24. Special Regulations
The matters not specified in these Terms and Conditions are governed by the provisions of the Electronic Commerce Basic Act, the Electronic Signature Act, the Consumer Protection Act, etc., and other related laws and regulations.
(Effective Date) This Agreement shall be effective from August 28, 2019.
Local Friend Terms
CHAPTER 1. PURPOSE AND DEFINITION
Article 1. Purpose
This Terms of Use (the "Terms of Local Friends") will be governed by the "Todays friend" website (www.todaysfriend.com) or applications operated by Todays friend to clarify the legal relationship, especially the rights and duties of local friends, related to the intermediation of the local living culture experience contract (hereinafter "experience agreement") concluded between the traveler and local friend .
Article 2. Definition of Terms
The terms used in these terms and conditions are defined as follows.
(1) A "local friend" is a person who is an intermediary of a traveler and who provides a local life culture experience service to the traveler and completes membership.
(2) "Traveler" means a person who has entered into a contract with a local friend to experience a local living culture through the intermediary of the Company and is provided with services set forth in Article 7 from a local friend.
(3) "Local Living Culture Experience" refers to a service in which a traveler provides services set forth in Article 7 from a local friend in accordance with an experience contract.
(4) "Fees" refers to the remuneration paid to the Company in exchange for the intermediary / representation of a visitor to conclude an experience contract with a local friend.
(5) "Experience Fee" refers to the remuneration paid to a local friend by a traveler in exchange for providing a local living culture experience service.
(6) "Meeting Point" refers to the place where the guide and the traveler have agreed to meet for the tour.
(7) "Lateness Time" refers to the time elapsed from the time set by the guide and traveler to meet at the meeting point for the tour to the actual arrival at the meeting point of the perceived party.
CHAPTER 2. BASIC TERMS
Article 3. Parties of the Experience Agreement and Status of the Company
The legal entity that concludes the experiential contract with the traveler and provides the local life culture experience service is a “local friend”. We conduct intermediary tasks to make contracts with local friends and provide services according to the dates and conditions desired by the travelers through today's friend platform.
Article 4 Independent Party Status of Local Friends
1. We only arrange tours between travelers and local friends and confirm that local friends are not in employment relationship with us. In addition, we make it clear that we do not bear any responsibility as a user for local friends.
2. When a local friend has the necessary legal permission, registration, notification or insurance, deduction, deposit etc. required for the implementation of the local friend agreement, the local friend informs travelers after fulfilling all the obligations
3. We are not responsible for any liability for damages of travelers or third parties due to a violation of applicable laws by local friends.
Article 5. Structure of Experience Contract
It is based on the itinerary agreed by both local friend and traveler.
Article 6. The Parties and Our Basic Obligations
1. Local friends should enjoy the local life culture experience in advance according to the arrangements made with the travelers. In order to provide safe and satisfactory service to the travelers, they must faithfully fulfill their duty of experience contract.
2. Travelers will faithfully fulfill their obligations under the Experience Agreement, cooperating with each other in the pursuit of a harmonious relationship between travelers and maintaining the order of travel of local friends for safe and pleasant travel.
3. We fulfill our duties in brokerage concluding contracts.
Article 7. Contents of Service
Details of the services provided by local friends to travelers are as followings.
(1) Planning and coordination of experience schedules taking into account travelers' opinions and circumstances
(2) From meeting point, guide travelers to locations as planned in itinerary
(3) Detailed information about each destination such as local living culture
(4) Guide travelers to the agreed tour finishing location after the final destination
(5) Coordination of smooth communication with travelers
(6) Travelers protection managing if problem or accident arises
(7) Other activities related to local life culture experience
CHAPTER 3. CONCLUSION OF EXPERIENCE CONTRACT
Article 8. Signing Experience Contract and Terms and Conditions
1. In the following cases, an experience contract is concluded between a traveler and a local friend. However, in case (1), a local friend may ask the traveler to pay the experience fee at the same time as subscription.
(1) When a local friend submits an offer for an experience based on the incentive offered by setting the contents of the tour schedule, experience fee, etc., and if the local friend judges that the experience is possible according to the contents of the tourist application. In the case of local friend’s acceptance by returning to the traveler that experience is possible within the specified consent date
(2) When a tourist suggests an offer by presenting the contents of the tour schedule, experience fee, etc., and a local friend who confirms the offer and approve the details of the traveler.
2. Regarding Paragraph 1-(1) of this Article, even though a traveler paid the fee as local friend requested, local friend decided the tour is not possible under circumstance, the contract will not be established. In this case, local friend shall inform the traveler within the preannounced time or date.
3. A local friend will issue a copy of the Terms and Conditions of Use to the traveler at the request of the traveler, if the experience contract is concluded pursuant to the provisions of Paragraph 1 of this Article.
4. If the Experience Agreement is not established pursuant to Paragraph 2 of this Article, the Company shall return the full amount of the Experience Fees paid to the Traveler.
5. If the Traveler cancels the order of the Experience Agreement within the time or date previously notified in accordance with paragraph 2 of this Article, we will return the full amount paid to the traveler.
6. If you do not make a reservation through our web site and application, we will not be able to conclude the travel contract of each paragraph of this article and we cannot demand compensation for brokerage and compensation for damages.
Article 9. Reservation Voucher and Terms through Electronic Information Network
When a traveler agrees with the contents of the traveler’s terms provided on the electronic information network such as the Internet and requests the conclusion of the experience contract, if a local friend notifies the traveler of approval by using the electronic information network or the mechanical device of the company, the traveler shall be deemed to have issued the traveler's terms and conditions of Article 8 (3).
Article 10. Decline of Contract
A local friend (or us on behalf of a local friend) may refuse to conclude an experience contract with the traveler if he / she has any of the following reasons: You may also terminate concluded contract if following reasons founded afterward.
(1) When a traveler disturbs another traveler of tour or is admitted to have trouble with the smooth conduct of the trip
(2) If the traveler cannot participate in the tour due to an body injury, such as injuries or infectious diseases that cannot walk or be carried by means of transportation, is confirmed objectively by the medical certificate issued by the medical institution
(3) In cases where it is deemed that it is difficult to fulfill the experience contract due to other reasons not mutually responsible
CHAPTER 4. TRAVEL FEE
Article 11. Experience Fee
1. The traveler pays the experience fee to us in exchange for the experience contract and the provision of the guide service. The fee does not include the following fees:
(1) The cost of personal expense during the experience (communication fee, tariff, all tips, laundry, personal added food, beverage)
(2) Costs of treatment, hospitalization, etc. Any expenses that must be paid due to illness, injury,
(3) Other expenses not specifically mentioned in local culture experience.
2. Commission fee shall be based on a separate agreement, and the local friend's rate (local friend fee) shall be the remainder of the amount equivalent to the commission otherwise agreed in the total amount of the experience fee described in Paragraph 1 above. However, a free tour will charge 1,000 won per match, and the payment method will be deducted after the prepayment. If the amount is exhausted, the payment must be made to match.
3. The traveler will pay the experience fee in the manner specified by us [Credit card payment, Real-time account transfer, Virtual account (Payable), PayPal, Our issued coupon and points].
4. If the fee includes traveler's insurance, a local friend will explain to the traveler the name of the insurance company, compensation details and so on.
Article 12. Settlement of Fee and Changing Contract Conditions
1. After the contract is concluded, the terms of the contract cannot be changed in principle.
2. Notwithstanding the provisions of Paragraph 1 above, the terms and conditions of the contract may be changed exclusively in accordance with one of the following cases:
(1) If it is deemed unavoidable to change the conditions for the safety and protection of the traveler after the start of the experience
(2) When the purpose of the trip cannot be accomplished due to natural disasters after the commencement of the experience, warnings, government orders, transportation, strikes, etc.
3. If a change in the local friend rate occurs due to the change of conditions in Paragraph 1, the relevant increase / decrease should be settled through the Company within 10 days after the tour ends.
4. If the traveler does not receive the services included in the local friend's fee due to his / her circumstances during the experience, he / she shall comply with Paragraph 3 above. At this time, the traveler cannot directly charge the applicable fee for us.
CHAPTER 5. RELEASE OF CONTRACT PRIOR TO EXPERIENCE
Article 13. Start and End of Experience
The starting point of the experience is the time when the traveler met the guide at the meeting point on the first day of the experience, and the end of the tour is when the tourists and guides on the last day of the tour break up after the schedule.
Article 14. Dismissal and Compensation before Traveler’s Experience Begins
1. The traveler may freely release the contract signed before the payment of the experience fee is made without liability to the local friend or company.
2. In the event that the traveler voluntarily releases the contract after the payment of the experience fee and before the start date of the experience, we will refund all or part of the experience fee to the traveler in accordance with the Cancellation Policy.
3. We do not assume any liability or other obligation for any legal relationship between our local friends and travelers under this section. However, as a broker, we will install and operate a compensation disposal mechanism to resolve disputes between local friends and travelers.
Article 15. Dismissal and Compensation before A Local Friend's Tour begins
1. If a local friend voluntarily releases an experience contract with a traveler, the local friend is obliged to compensate for the damage suffered by the traveler. In this case, the amount of damages shall be as provided as Article 21, provided that the actual damages suffered by the traveler exceed the amount of damages in accordance with Article 21 (4) and (1), the local friend shall compensate the traveler of the actual damages of the liability.
2. If we fulfill our obligations under paragraph 1 on behalf of our local friends, we may ask the amount of compensation for travelers to the local friend.
3. If a local friend releases the Experience Agreement pursuant to this section, the local friend shall be obligated to compensate for the amount equivalent to the fee as damages incurred by the Company separately from the compensation for the traveler in Paragraph 1 above.
Article 16. Canceled Contract Due to Under-Attendance
1. Local friends can cancel the experience contract due to the fact that the number of travelers is lower than the minimum number of tours announced in advance.
2. A local friend who intends to cancel the contract of this clause shall notify the traveler of cancelation and reason within 3 days. If a local friend cancels the contract without giving notice within the time limit due to the minimum number of attendees, the compensation for the traveler shall be dealt with in accordance with the Fair Trade Commission Notice of Consumer Dispute Resolution. In this case, we can ask for compensation given to traveler to local friend.
Article 17. Refund of Travel Fee Due to Cancellation of Contract
1. If the travel contract is terminated pursuant to Article 14, we will refund the traveler's refundable travel fee pursuant to the Cancellation Refund Policy attached.
2. If the travel contract is canceled in accordance with Articles 15 and 16, we will refund the full amount of the travel fee paid to the traveler.
CHAPTER 6. Duties and Responsibilities
Article 19. Traveler’s Duties and Responsibilities
1. In the event of damage to our company or a local friend due to the intention or negligence of the traveler, the traveler shall be obliged to compensate for the damage.
2. In particular, if a traveler commits a crime such as sexual harassment against a local friend, the traveler shall be liable to the civil liability of the local friend, and if this results in a loss of trust of our service, traveler also need to bear the compensation for all of such damages.
3. In order to ensure smooth travel, travelers should familiarize themselves with the descriptions and materials provided by local friends and confirm travel information such as travel schedules, travel expenses, appointment times and places.
4. The traveler pays the travel fee to the company until the date stated on the travel confirmation.
5. Travelers will cooperate with local friends to ensure smooth travel.
6. A traveler shall not make unreasonable requests to a local friend without reasonable grounds directly related to the tour.
Article 20. Traveler's Review
1. After finishing the tour, the traveler can post a post about the tour on our homepage. However, if a later article falls under one of the following paragraphs, we may delete or change the latter article without the consent of the traveler.
(1) Contains content other than the user's personal experience
(2) If it is not related to the actual tour (ex. a review of political, religious or social opinion)
(3) Supports harmful or illegal acts or violence, or includes profanity, sexual language, defamation, threat or discriminatory content
(4) Includes content that infringes on the rights of others (including the right to intellectual property rights and personal information protection) (for example, when the real name, address or personal information of another person is written without the permission of the parties)
(5) If it has been objectively proven that the posting has been used for the purpose of coercion
(6) If it includes the fact that the investigation is in progress from Company
(7) In case of postings made by unlawful, improper purpose or method similar to the above
2. The traveler shall be liable for damages caused by any of the reasons specified in section 1 above.
Article 21. Liability for Valuables and Belongings
1. You are responsible for keeping valuables and belongings yourself.
2. If a traveler's valuables and belongings are stolen or lost during a trip, the traveler must inform the local friend and the company of the accident without delay and submit the following documents.
(1) Stolen proof
(2) Accident Report
(3) Other necessary documents
Article 22 Liability for Damages Caused by Traveler's Personal Illness
1. The traveler is liable for any problems caused by the disability or illness of the person not informed before the tour starts. However, if any disruption or illness occurs to the traveler's body during the trip, the traveler must inform the local friend and the company without delay and submit the following documents immediately.
(1) Certificate of Accident
(2) Medical Certificate
(3) The Accident Report
(4) Receipt
(5) Other necessary documents
Article 23. Compensation Liability of Local Friends
1. If a local friend is in breach of the travel contract, he / she is obliged to compensate for the damage suffered by the traveler. However, if there is no physical damage to the traveler, and the damage is extended due to the traveler's intentional or gross negligence, the local friend's liability for damages is limited to 100% of the travel charge.
2. If a local friend hires a third party for a tour, even if the employee damages the traveler intentionally or negligently, he / she will be liable for the damage suffered by the traveler.
3. Local friend has no responsibility of traveler’s belongings and when traveler loses or damages their belongings.
Article 24. Compensation Duty of Local Friend for Disagreements
1. Damages under this Article shall be applicable to cases in which any of the following cases arise.
(1) When a local friend voluntarily releases a domestic travel contract or an overseas travel contract that was concluded without justifiable reasons before the start of the tour
(2) If the actual tour time is clearly inconsistent with the tour time under the pre-arrangement
(3) If the actual tour course is clearly inconsistent with the tour course according to the pre-arranged arrangement
(4) In addition, if the actual tour content is clearly inconsistent with the contents of the tour under the preliminary arrangement
2. The preliminary arrangements set forth in Paragraph 1 shall be limited to the contents specified in (i) the internal message window of our website, (ii) the travel confirmation, and (iii) the product introduction page. At this time, if there is a dispute between the traveler and the guide about whether or not the cause of Paragraph 1 has arisen, our 'Disgruntled Travel Compensation Committee' judges it based on objective and neutral criteria.
3. Travelers who meet the following requirements may claim compensation to guide under the provisions of this Article.
(1) You agree to change the contents of the tour of your local friend, or you have not mentioned any of the reason given in Paragraph 1 directly / indirectly.
(2) You have made reasonable efforts to prevent the occurrence of any grounds under Paragraph (1), including an expression of disagreement of changing the content of the tour to a local friend.
(3) After the tour ends (after receiving the notice of withdrawal from the local friend in the case of Paragraph 1 (1)), the traveler shall notify the Company to the 'Dissatisfied Travel Compensation Committee' within 20 days by email or telephone, notifying the occurrence of the cause of each item.
4. If the requirements of Paragraph 3 are met, the local friend shall, at the option of the traveler, reimburse the traveler for damages in any of the following ways:
(1) Cash indemnity: In this case, the specific amount of compensation shall be determined by the Company's Dissatisfied Travel Compensation Committee in accordance with the internal rules and guidelines, but with the maximum amount of travel charges paid by the traveler.
(2) Credit compensation: We will give you coupons or points that can be used as a travel fare in future travel contracts from our brokerage, not cash. If you choose to do so, the compensation points will be set at 110% of the amount of cash compensation calculated in accordance with Paragraph 1.
5. We may reimburse travelers for damages under this section on behalf of local friends. In this case, we can consider the amount of the reimbursement for the traveler to a local friend, and a local friend must comply with our idea without objection.
6. In the event of damages compensation under this section, the traveler cannot claim damages to local friend or us based on Article 23 or other Paragraphs unless the traveler can prove the exceeded compensation fee of his or her actual loss objectively.
Article 25. Compensation Duty of Company
1. We will only compensate the loss caused by the traveler if we or our employee damage the traveler in intention or negligence in connection with the brokerage of the travel contract.
2. We will not be responsible for any traveler or local friend in connection with the legal relationship, such as damages incurred between the traveler and the guide after the travel contract was concluded.
CHAPTER 7. Obstruction of Tour
Article 26. Delay of Local Friend
1. If a local friend fails to arrive at the meeting point by the scheduled time and the tour is delayed, a local friend will provide an additional tour of the tour to the traveler.
2. From the time when the local friend has promised you without contact, in the absence of specific notice from the local friend about the arrival delay in advance, the fact that additional tours are provided for the delayed time, etc. If a local friend does not arrive at the meeting point after 15 minutes, traveler may terminate travel contract and in this case the provisions of Section 23 apply for refund of travel charges and compensation for damages.
Article 27. Delay of Traveler
1. If the traveler's lateness time is less than 15 minutes, the guide will provide additional tours to the traveler during the tour.
2. If the traveler is more than 15 minutes late, the local friend will not be obliged to provide additional tours to the traveler, as the tour will be conducted according to the schedule previously scheduled.
3. If the Traveler does not arrive at the Meeting Point for more than 15 minutes from the scheduled time without any contact, a local friend may terminate the travel contract pursuant to Article 26 after notifying the Traveler of the start of the Tour.
4. Notwithstanding Paragraphs 1 to 3 of this article, if all or some of the other travelers scheduled to travel together in advance are to arrive at the meeting point on time, there is no obligation to provide additional time of tours to late travelers.
CHAPTER 8. TERMINATION OF TOUR CONTRACT DURING TOUR
Article 28. Termination of Contract Agreed with Other Party
1. The traveler or local friend cannot cancel the travel contract arbitrarily without agreement with the other party after the tour is started.
2. In case of termination of the travel contract in agreement with the other party, the matters related to the refund of the fare shall also be mutually agreed.
3. With respect to the termination of this Agreement, we are under no obligation to refund the fees paid by the Traveler.
Article 29. Termination of Contract Due to Reasons of Other Party
1. A traveler or local friend may terminate his / her travel contract if he / she finds it difficult to proceed the tour for any responsible reason (including termination of Articles 23 and 24).
2. In the event of the termination of the contract under Paragraph 1 due to the responsible reason of the local friend, such as the followings, the traveler may request the refund of the full amount of the travel charge to the Company. After we return the relevant fare to the traveler, we can charge local friend.
I. No-Show of lateness of local friend for more than 15 minutes,
II. If you go on a tour that is significantly different from the one previously notified
III. During the tour, a local friend assaults or intimidates a traveler.
IV. There are objectively negative factors that will hinder the safety or health of the traveler during the tour.
V. In addition, if there are any situation for the traveler to be significantly offensive.
3. If the contract termination under Paragraph 1 occurs due to the traveler's responsible reasons, refund of travel fee to traveler is processed according to the contents of the following Paragraphs.
I. If the contract is canceled more than 48 hours prior to the start of the tour, a full refund of the travel fee will be made.
II. If the contract is terminated within 24-48 hours of the tour, 50% of the amount will be refunded.
III If the contract termination occurs within 24 hours of the tour, no refund of the travel fee is possible.
4. In the event of any of the following, a refund will be made for the full amount of the travel charge, notwithstanding Paragraph 3.
I. Death of the immediate family member of the traveler (the death notification or the name has been confirmed through news and articles containing the name)
II. Illness or injury to the traveler or immediate family member (if the fact is confirmed by the medical certificate of the medical institution)
III. Tourist Military Service, Attendance at Investigation Agency, Attendance at Court, Selection of Judge (When the facts are confirmed by Attachment Notice or Admission Notice)
5. In the event of the termination of the travel contract pursuant to this Article, the responsible party shall indemnify the other party for damages incurred separately from the travel charge.
Article 30. Termination of Contract Due to Non-Liability to Both Parties
1. A traveler or local friend may terminate the travel contract due to any of the following reasons which are not responsible for both the local friend and the traveler. However, at this time, the person who intends to terminate the contract must submit the data that can be used to explain the cause.
I. If it is practically impossible to proceed with normal tour due to bad weather, earthquake, or natural disaster
II. Terrorism or large-scale rallies make it impossible for normal tours to proceed.
III. Due to the spread of acute infectious diseases or endemic diseases, normal tour is virtually impossible.
IV. Due to external reasons such as travelers' passports and visa issuance standards have changed and normal tour is impossible. (Except for the loss of a simple passport and the expiration of the period)
2. In the event of termination of Clause 1, a local friend shall return to the traveler a rate equal to the percentage of the tour that was not conducted during the normal scheduled tour time.
3. In the event of termination of Clause 1, we will refund to the traveler the amount of money that a local friend will have to return to the traveler in accordance with Paragraph 2 on behalf of the local friend. After subtracting the refund, the remaining fee is paid to local friend.
4. In principle, the ratio of tour times that have not been completed (or proceeded) during the total tour time in Paragraph 2 shall be determined through consensus of local friends and travelers. In case of non-agreement, we set the ratio based on neutral criteria.
5. With respect to termination under this section, we and our local friends will not bear any other obligations to travelers other than those provided for in paragraphs 2 and 3.
Article 31. Termination Method
If a traveler cancels a travel contract pursuant to Articles 28 to 30, he / she must click on our Homepage and after clicking on “My Page”, click the cancel payment button on the payment cancellation confirmation screen.
CHAPTER 9. OTHER GENERAL OBLIGATIONS
Article 32. Explanation Duty
A local friend shall explain to the traveler the important contents of the travel contract and the changes of the travel contract through the company. We will explain to the traveler so that the traveler can understand the important contents and changes of the travel contract.
Article 33. Obligation to Manage Personal Information
We and our local friends should properly manage personal information such as traveler's name, passport number, and contact information acquired in terms of the tour in accordance with laws and regulations such as the Personal Information Protection Act.
Article 34. Use of Photographs Taken by Travelers
When a local friend intends to use photographs or videos photographed in connection with the tour for the purpose of promoting the Company, the Company informs the travelers included in the photographs of the purpose and scope of use of the photographs.
Article 35. Force Majeure
No party shall be liable to any breach of any of the terms of this Agreement for any cause beyond its control, including fire, storm, flood, earthquake, accident, war (whether actual or declared), rebellion, riot. If you fail to comply with or observe any of the above circumstances, you are not liable for it. That party shall notify the other party as soon as possible after the occurrence of a force majeure event and resume compliance with its obligations under the Terms. Lastly, the party will resume the obligation as soon as possible after the cause has been handled.
Article 36. Etc.
If the dispute relating to the Terms cannot be resolved by consultation and interpretation based on Korean Governing Law, jurisdiction of the lawsuit shall be subject to the agreement between the parties. If there is no prior agreement, it will be subject to the jurisdiction of the Civil Procedure Act.
(Effective Date) This Agreement shall be effective from August 28, 2019.
