Article 1 (Purpose)
The purpose of these Terms and Conditions shall be to stipulate the rights, obligations, and responsibilities of Cyber Mall and User in the use of internet related service (hereinafter as "Service") provided by HanaTour ITC internet travel agency(hereinafter as “Mall”) operated by HanaTour ITC.
Article 2 (Definitions)
① “Mall” shall mean the virtual business premises established by HanaTour ITC to provide travel products (hereinafter as "Product, Etc.") to User through information communication equipment, such as computer, and it also means the business operator of a cyber mall.
② "User" shall mean every User that accesses to “Mall” and receives the services provided by “Mall” in accordance with the Terms and Conditions herein.
Article 3 (Stipulation, Explanation and Modification of Terms and Conditions, Etc.)
① “Mall” shall publish the following information on the initial service screen (front page) so that User can easily locate, including but not limited to, the contents of the Terms and Conditions, company name, CEO name, office locations and addresses (including the place that handles consumer complaint), telephone number, fax number, electronic mail address, business registration number, communication sales business report number, personal information management supervisor, etc., provided, however, that the specifics of the Terms and Conditions may be available for User to read via the connecting screen.
② "Mall” shall procure the confirmation of User by providing, via separate connecting or pop-up screen, some of the important information on subscription cancellation, delivery responsibility, refund conditions, etc. of the Terms and Conditions prior to the agreement by User on the Terms and Conditions so that User can fully understand the details.
③ “Mall” may amend these Terms and Conditions, to the extent that it shall not violate Act on the consumer Protection in Electronic Commerce, Etc., Act on the Regulation of Terms and Conditions, Framework Act on Electronic Transactions, Digital Signature Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Act on Door-To-Door Sales, Etc., Consumer Protection Act.
④ In the case of the amendment of the Terms and Conditions, “Mall” shall disclose the effective date and ground of such amendment along with the current version of the Terms and Conditions on the initial page of “Mall” from seven (7) days prior to the effective date right to the previous date of such amendment, provided, however, that if the amendment is disadvantageous to User, there shall be at least thirty (30) days of grade period. In this case, “Mall” shall make a clear comparison table of the pre-amendment and the post-amendment, enabling User to easily understand.
⑤ When “Mall” amends the Terms and Conditions, such revision shall be applicable only to the contracts made after the effective date, and the pre-amendment version shall continue to be applicable to the contracts entered into before the effective date, provided, however, that User that has already signed the contract desires for the application of the revision, he/she shall notify “Mall” of such intention within the notice period of the revision under the paragraph 3 and obtain the consent of “Mall.” ⑥ The matters not stipulated herein and the interpretation of these terms and conditions shall comply with Act on the consumer Protection in Electronic Commerce, Etc., Act on the Regulation of Terms and Conditions, and consumer protection guideline for electronic commerce, etc., set by Korea Fair Trade Commission, relevant laws and regulations, and industry practices.
Article 4 (Service Provision and Modification)
① “Mall” shall carry out the following tasks:
1. Provision of the information on goods or services and signing of the purchase contract;
2. Delivery of goods or services on which the purchase agreement is entered into and made;
3. Other tasks designated by “Mall”
② In the case of sold-out or technological specification change regarding goods or services, “Mall” may change the specifics of the goods or services to be provided under the contract to be signed. In this case, the specifics of the modified goods or services and the provision date shall be stated and they shall be immediately disclosed in the location where the details of the current goods or services are published.
③ When “Mall” modifies the details of the service for which it has signed a contract with User due to the grounds of product sold-out or technological specification change, it shall immediately send a notification to User, informing such ground, to a known address.
④ In the previous paragraph, “Mall” shall provide compensation to the damage incurred upon User, provided, however, that the foregoing shall not be applicable if “Mall” proves the absence of bad faith or fault on its part.
Article 5 (Service Suspension)
① “Mall” may temporarily suspend the provision of the service upon the occurrence of the grounds, for instance, repair and inspection, exchange and malfunction, communication breakdown, etc., regarding information communication equipment, such as computer, etc.
② “Mall” shall provide compensation to the damage inflicted upon User or a third party arising from the temporary suspension of the service provision due to the ground stated in the paragraph 1 above, provided, however, that the foregoing shall not be applicable if “Mall” proves the absence of bad faith or fault on its part.
③ If the service provision is not feasible due to the grounds of business category change, business relinquishment, or business merger, “Mall” shall notify User through any of the methods stipulated in Article 8 and provide compensation in accordance with the original conditions agreed by “Mall.”
Article 6 (User Notification)
① In the case of a notice to User by “Mall,” User may make an agreement with “Mall” and designate an electronic mail address for receiving such notification.
② In the case of a notice to unidentified groups of Users, “Mall” may replace an individual notice with a public notice on the bulletin board of “Mall” for at least one (1) week, provided, however, that an individual notice is required on the matters having a significant effect on the transaction of the pertinent User.
Article 7(Purchase Order)
“Mall” User shall place a purchase order through one of the following methods or similar ones in “Mall” and “Mall” shall notify User of the specifics of such order in an easily identifiable manner:
1. Search and choice of product, etc.;
2. Input of name, address, telephone number, electronic mail address (or mobile phone number), etc.;
3. Confirmation of contractual conditions for each product, service for which subscription cancellation is limited, cost burden for delivery expense or installation expense, etc. and the relevant details;
4. Expression of consenting to these Terms and Conditions, confirming or refusing the matters in the aforementioned subparagraph 3 (for instance, click);
5. Purchase order on product, etc. and its confirmation or consent to the confirmation of “Mall”; or
6. Payment method option
Article 8 (Contract Signing)
① “Mall” may refuse to agree on the purchase order of Article 9, if any situation of the following subparagraphs arises, provided, however, that the following shall be disclosed; in the case of a contract with a minor, the failure to procure the consent of a legal representative shall enable the minor himself/herself or a legal representative to cancel the contract;
1. False, omitted, or erroneous information in the purchase order;
2. Minor’s purchase of goods or services, such as alcoholic beverages or cigarettes, which are prohibited under Juvenile Protection Act; or
3. When it is deemed that the consent to the purchase order imposes a noticeable technological obstacle for “Mall”
② A contract is deemed to have been entered into and made when the contract amount is transferred after the consent of “Mall” is delivered to User in the form of receipt confirmation notice under Article 12(1).
⑤ The expression of consent of “Mall” shall include the confirmation of User on the purchase order, product availability, correction or cancellation of the purchase order, etc.
Article 9(Payment Method)
The available payment methods for the goods or services purchased by “Mall” are stated in the following subparagraphs, provided, however, that, “Mall” shall not be entitled to impose any additional fee for the payment of goods, etc. with respect to User’s payment method.
1. Credit card;
2. Overseas transfer;
3. Domestic transfer; or
4. Payment upon the company visit
Article 10(Receipt Confirmation Notice, Purchase Order Change and Cancellation)
① “Mall” shall provide the receipt confirmation notice to User upon his/her purchase order.
② User, once he/she is informed of receipt confirmation notice, shall check any inconsistency of his/her intention, and if he/she finds such inconsistency, he/she can immediately ask to change or cancel the purchase order, and “Mall” shall comply with such request without undue delay prior to the delivery. If the payment is already executed, the provision of Article 13, Subscription Revocation, Etc. shall be followed.
Article 11 (Supply of Products, Etc.)
① Unless there is a separate agreement on the date of supply of goods, etc., “Mall” shall take the necessary measures of customized production, packaging, etc., so that goods can be delivered within seven (7) days of User’s subscription, provided, however, that in the case that the payment for goods, etc. is already executed partially or entirely, “Mall” shall take measures within two (2) business days thereafter. “Mall” shall implement proper measures that enable User to check the supply and processing of goods, etc. Notwithstanding the foregoing, for the supply of intangible goods, such as tourism product, the separate terms and conditions applicable to the pertinent product shall be provided and a series of measures shall be taken so that the tour shall kick off without any problem.
② “Mall” shall stipulate delivery method, relevant cost burden for each method, and delivery period for each method, etc. with respect to the goods purchased by User. If the delivery period exceeds the one promised by “Mall,” User shall receive compensation, provided, however, that the foregoing shall not be applicable if “Mall” proves the absence of bad faith or fault on its part.
Notwithstanding the foregoing, for the supply of intangible goods, such as tourism product, the separate travel terms and conditions applicable to the pertinent reserved product shall be provided so that User can use the aforementioned product.
Article 12 (Refund)
If “Mall” cannot provide deliver or provide the product, etc. on which User has placed a purchase order due to sold-out, etc., it shall immediately notify User of such ground and in the case that the payment for goods, etc. is already executed,
“Mall” shall refund the fund or take necessary measures for the refund within two (2) business days of the payment, provided,
however, that given the characteristics of travel products, if User elects to terminate the contract after all the reservations are completed prior to the departure date, the compensation under local (overseas) standard travel terms and conditions and local (overseas) consumer compensation policy shall be deducted prior to the refund.
As for other products, the cancellation and refund fee under the special terms and conditions signed at the time of the signing of the contract shall be deducted prior to the refund.
Article 13 (Subscription Revocation, Etc.)
① After entering into the agreement on product, etc., with “Mall,” User may elect to withdraw its subscription within seven (7) days after he/she receives the receipt confirmation notice, provided, however, in the case of travel products, an additional
cancellation fee may be imposed in accordance with the refund provisions under local/overseas standard travel terms and conditions.
② User shall not be entitled to request the product return or exchange in any of the cases in the following subparagraphs once he/she receives the delivery of product, etc.:
1. Destruction of or damage on goods, etc. due to the grounds attributable to User (provided, however, that if the packaging, etc. is damaged to check the contents of goods, etc., User is allowed to cancel his/her subscription);
2. Dramatic decrease of the value of goods, etc., due to use or partial consumption on the part of User;
3. Noticeable decrease of the value of products, etc. due to the passage of time, to the extent that re-sale is not feasible; or 4. Damage on packaging of the goods, etc., in the case that such goods can be copied to produce the goods with the identical function
③ In the case of Paragraph 2(2) or (4), if “Mall” fails to state the limitation on subscription cancellation, etc., on the spot that consumer can easily find or if “Mall” fails to implement the measure of providing a trial product, User’s right to cancel subscription shall not be limited.
③ Notwithstanding the provisions of Paragraph 1 and 2, if the contents of products, etc. are different from labeling or advertisement or the contract conditions are not fulfilled, User shall be able to cancel his/her subscription within three (3) months after the delivery of the pertinent products, etc. or thirty (30) days after he/she becomes or should have been aware of such fact.
Article 14(Effects of Subscription Revocation, Etc.)
① “Mall” shall make the refund within three (3) business days after it receives the return of goods, etc. from User. If “Mall” delays the refund of products, etc. to User, it shall pay the penalty charge in which the delay interest rate determined and disclosed by Korea Fair Trade Commission is multiplied with the delayed period.
② For the refund of the aforementioned fund, if User executes the payment via credit card or electronic currency for the payment of products, etc., “Mall” shall request without undue delay the business operator to suspend or cancel its fund payment claim.
③ In the case of subscription revocation, etc., the expense necessary for the return of products, etc. supplied shall be borne by User. “Mall” shall not demand penalty or compensation from User, citing subscription revocation. Notwithstanding the foregoing, if subscription is revoked because the contents of products, etc. are different from labeling or advertisement or the contract conditions are not fulfilled, the expenses necessary for the return of products, etc., shall be borne by “Mall.”
④ If the delivery cost is borne by User for the product supply, “Mall” shall clearly stipulate which party bears the cost upon subscription cancellation to inform User of such fact.
Article 15 (Personal Information Protection)
Article 16 (“Mall” Obligations)
① “Mall” shall not act in contravention of the relevant laws and regulations, the Terms and Conditions herein, and public order and standard of decency, and it shall make its best efforts to provide goods and services in a consistent and stable manner in accordance with the provisions of the Terms and Conditions herein.
② “Mall” shall establish the security system for the protection of User’s personal information (including credit information) so that User can safely utilize the internet service.
④ “Mall” shall be liable for any loss incurred upon User due to advertising act of unfair labeling of Article 3 of「Act on Fair Labeling and Advertising」with respect to goods and services.
⑤ “Mall” shall not dispatch advertising electronic mail for profit, it User does not desire.
Article 17 (User Obligation with Respect to his/her Reservation Party Name and Contact Information)
① Excluding in the case stipulated in Article 17, the reservation party shall be responsible for the management of his/her
reservation party name and contact information.
② User shall not let a third party to use his/her reservation party name and contact information.
② Once User becomes aware that his/her reservation party name and contact information is stolen or being used by a third party,
he/she shall immediately notify “Mall” and follow the instructions of “Mall,” if any.
Article 18(User Obligations)
User shall not be prohibited from engaging in any of the following acts:
1. Registration of false information upon application or change;
2. Appropriation of others’ information;
3. Change of information uploaded in “Mall”;
4. Transmission or publication of information, etc. (computer program, etc.), which is other than that mandated by “Mall”;
5. Violation of intellectual property of “Mall” and other third party, i.e., copyright;
6. Act of damaging the reputation of “Mall” and other third party or that of interfering the work; and
7. Act of disclosing or publishing in “Mall” obscene or violent message, video, audio or any other information in contravention of public order and standard of decency
Article 19 (Relationship between Connecting ”Mall” and Connected ”Mall”)
① If upper “Mall” and lower “Mall” are connected through hyperlink method (for instance: hyperlink targets include, without limitation, character, picture, and dynamic image, etc.), the former is referred to as connecting “Mall” (website) and the latter shall be referred to as connected “Mall” (website).
③ Connecting ”Mall” shall be regarded not to have offered any guarantee, if it notifies via an initial screen of connecting “Mall” or a pop-up screen at the time of connection that it shall not be held liable for any transaction of User with respect to products offered exclusively by connected ”Mall.”
Article 20(Copyright Ownership and Use Restriction)
① Copyright and other intellectual property right on copyrighted works of “Mall” shall be vested with “Mall.”
② User shall be prohibited from using for a profit or letting a third party use without a prior consent of “Mall”, through copy, transmission, publication, distribution, broadcasting, or other method, the information whose intellectual property right is vested with “Mall” and it has obtained from the use of “Mall.”
③ “Mall” shall notify the pertinent User if it uses the copyright belonging to such User in accordance with the Terms and Conditions.
④ User shall be wholly liable for the damage arising from the User’s utilization of the information published in “Mall” while it has not made the product purchase and service use agreement with “Mall”.
Article 21(Dispute Resolution)
① “Mall” shall establish and operate damage compensation handling body in order to reflect a legitimate opinion or complaint raised by User and to provide compensation to such damage.
② “Mall” shall quickly handle a complaint or opinion submitted by User, provided, however, that if quick processing is not available, User shall be immediately notified of the relevant ground and processing schedule.
③ User’s damage relief request regarding an electronic commerce dispute between “Mall” and User shall be submitted to the mediation of dispute mediation institution referred by Korea Fair Trade Commission or mayor or governor.
Article 22(Jurisdiction and Governing Law)
① Any dispute on electronic commerce between “Mall” and User shall be based upon the current address of User, and upon the absence of the address, it shall be the exclusive jurisdiction of local district court of the residence, provided, however, that if the address or residence of User is not clear at the time of a dispute or in the case of foreign resident, it shall be submitted to the governing jurisdiction under Civil Procedure Act.
② The laws of Korea shall be applicable to electronic commerce dispute between “Mall” and user.
Article 23(Special Provisions)
① The matters not stipulated herein shall be governed by Framework Act on Electronic Transactions, Digital Signature Act, Act on the consumer Protection in Electronic Commerce, Etc., other relevant laws and regulations, and local and overseas travel standard terms and conditions, etc.
These terms and conditions shall be effective starting from May 00, 2015.