The purpose of the following Terms and Conditions of Use(Terms and Conditions) is to establish guidelines on rights, duties and responsibilities of TK Travel Online Reservation Platform Users utilizing the internet-related services (hereinafter referred to as the ‘Services’) provided by the TK Travel Online Reservation Platform (hereinafter referred to as the ‘TK Travel’) operated by company (TK Travel).
※『Unless transactions contradict its properties, the following terms apply to e-commerce transactions utilizing methods of PC communication, wireless and others』
Article 2 (Definition)
①‘TK Travel’ refers to a virtual business site established by company to trade goods or services (hereinafter referred to as ‘Goods and Services’) using computers and information communication facilities to provide Goods and Services to Users.The term can also be defined as a company operating a TK Travel Online Reservation Platform.
②‘User’refers to a Member and Non-Member who has accessed the ‘TK Travel’ to use the services provided by the ‘TK Travel’ in accordance with this Terms and Conditions.
③‘Member’ refers to a User who uses the services provided by the ‘TK Travel’ by subscribing for Membership.
④‘Non-Member’ refers to a User who uses the services provided by the ‘TK Travel’ without subscription.
Article 3 (Display, Explanation and Amendment of Terms and Conditions of Use)
①The ‘TK Travel’ shall, for easy recognition by Users, display the contents of this Terms and Conditions, name of company and representative, business address(including an address handling customer complaints), phone number, fax number, email address, business license number, e-commerce permit number, and the name of personal information manager on the main page of the ‘TK Travel’. Only the content of this Terms and Conditions can be displayed though a link page.
②Prior to User’s final agreement to this Terms and Conditions, the ‘TK Travel’ shall provide a separate link or pop-up screen to obtain User’s verification on the terms of cancellation rights, delivery responsibilities, refund conditions and other important details.
③The ‘TK Travel’ may make amendments within the permissible range without violating applicable laws such as the 「Act on Consumer Protection in Electronic Commerce」, 「Regulation of Terms and Conditions」, 「Framework Act on Electronic Commerce and Electronic Document」,「Electronic Financial Transaction Act」, 「Electronic Signature Act」, 「Act on Protection of Information and Promotion of Utilization of Information and Communications Network」, 「Door-To-Door Sales Act」, 「Framework Act on Consumers」 and other related Consumer Protection Laws.
④The ‘TK Travel’ shall specify the effective date and the reasons for amendment of the terms and have post on the initial screen for 7 days prior to effective date until the day before the effective date.If the amendment is modified to the User’s disadvantage, then the ‘TK Travel’ shall grant at least 30 days of grace period for notice. In this case, the ‘TK Travel’ shall clarify the ‘before and after’ changes in an ‘easy-to-understand’ manner.
⑤When the ‘TK Travel’ makes an amendment to the Terms and Conditions, the modified Terms and Conditions shall be applied only to contracts concluded after the effective date, whereas all contracts concluded before the effective date will remain under the provisions of the old Terms and Conditions. However, if the User who has already signed the contract wishes to have the amendments administered, then the User may send his/her intent to the ‘TK Travel’ and acquire consent from the ‘TK Travel’ within the notice period stated in Clause ③ and it shall be applied accordingly.
⑥Any information not specified and interpreted in this Terms and Conditions shall be in accordance with the e-commerce Transaction Guidelines and Related Consumer Protection Acts provided by the Fair Trade Commission and other applicable Consumer Protection Laws and Regulation of Terms and Conditions Act.
Article 4 (Provision & Replacement of Service)
①The ‘TK Travel’ shall perform the following duties:
1. Provide information regarding Goods and Services and conclude purchasing contracts.
2. Other duties designated by the ‘TK Travel.’
②The ‘TK Travel’ may replace Goods and Services provided in future Terms and Conditions in the event that Goods and Services are sold out or technical specifications are revised. In this case, the ‘TK Travel’ shall immediately announce the replacement of Goods and Services and the date of application on the page where present Goods and Services are displayed.
③In the event that Goods and Services are replaced because of a change in technical specifications or when Goods and Services are sold out, the ‘TK Travel’ shall immediately notify the cause of replacement to the addresses of the Users.
④Following the previous Clause, the ‘TK Travel’ shall compensate for all damages caused.However, this shall not apply if the ‘TK Travel’ proves that such event is not caused by its intention or negligence.
Article 5 (Suspension of Service)
①The ‘TK Travel Korea’ may temporarily suspend its services as a result of the following reasons:maintenance of computers and telecommunications equipment, replacement or damage repairs, and interruption of communication.
②The ‘TK Travel Korea’ shall compensate User or any Third Party Member of damages caused by the temporary suspension of services due to reason(s) detailed in Clause ①.However, this shall not apply if the ‘TK Travel Korea’ proves that such event is not caused by its intention or negligence.
③In the case of a conversion of business item, abandonment of business, merging between businesses and for other various reasons, the ‘TK Travel Korea’ shall notify the consumer as specified in Article 8 and reward consumer in accordance with the conditions suggested by the original ‘TK Travel Korea.’ However, if the ‘TK Travel Korea’ does not advise such standard of compensation, the ‘TK Travel Korea’ shall pay Users for their mileage or reserve in kind or cash of which value corresponds to the currency being used at the ‘TK Travel Korea.’
Article 6 (Membership)
①The User shall apply for Membership by expressing his/her intent to agree to this Terms and Conditions after filling out the form designated by the ‘TK Travel Korea’ with Member’s personal information.
②The ‘TK Travel Korea’ shall register all Users who apply for Membership in the manner stipulated in Clause ① unless the User is not engaged in one of the following issues:
1. After the applicant has lost Membership for reasons indicated in Article 7 Clause ③,the applicant may acquire approval to re-subscribe for Membership three years after the loss of Membership.
2. Entry of false information or omission in the registration form.
3. If deemed that registering the User would present technical difficulties to the ‘TK Travel Korea.’
③Establishment of Membership becomes effective at the time that the Member receives the ‘TK Travel Korea’s approval of Membership.
④In due course of time, the Member shall update the ‘TK Travel Korea’ with any changes to his/her account information through the methods of editing personal information.
Article 7 (Withdrawal from Membership & Loss of Eligibility)/dt>
①Members of the ‘TK Travel Korea’ may request, at any time, to withdraw from Membership and the ‘TK Travel Korea’ shall immediately process the request.
②The ‘TK Travel Korea’ may limit or suspend Membership for the following reasons:
1. Entry of false information or omission in the registration form.
2. If the purchase payment of goods and other ‘TK Travel Korea’ usage related liabilities have not been paid for before the appointed date.
3. If Member interferes with others to use the ‘TK Travel Korea’ or threatens the order of e-commerce (such as the illegal use of personal information).
4. If Member uses the ‘TK Travel Korea’ to act against public order and morals prohibited by the law and this ‘Terms and Conditions.’
③The ‘TK Travel Korea’ may forfeit Membership of the Member whose Membership was suspended or limited, if the same actions are repeated twice or more, or if the cause is not corrected within 30 days.
④When the ‘TK Travel Korea’ forfeits Membership, all information will be cancelled. Prior to cancellation, the ‘TK Travel Korea’ shall notify the Member and give at least 30 days or more to grant an opportunity to explain the cause.
Article 8 (Notification to Members)
①Any notifications from the ‘TK Travel Korea’ will be sent to the email address designated in advance by the Member during registration.
②In the event of sending notifications to unspecified Members, a display of notifications on the notice board on the website for 1 week or more may replace sending emails. However, the ‘TK Travel Korea’ shall send individual notice to a Member in regards to matters which may have a significant influence in his/her transaction.
Article 9 (Application for Purchase)
① The User shall apply for purchase in the following or in a similar manner, and the ‘TK Travel Korea’ shall provide the User with the following information in an ‘easy-to-understand’ manner to aid in his/her request for purchase.
1. Search and select Goods and Services
2. Enter name of recipient, address, phone number, email address (or mobile phone number)
3. Confirm matter(s) in respect to the contents of this Terms and Conditions, limited cancellation policies, delivery fees, installation fees, and others
4. Express agreement to this Terms and Conditions and confirm or refuse the above Item 3 (ex. mouse click)
5. Apply and confirm purchase of goods; Agree to allow confirmation of application from the ‘TK Travel Korea’
6. Select payment method
② In case of an inevitable need (for the ‘TK Travel Korea’) to disclose∙consign consumer’s personal information to a third party, the ‘TK Travel Korea’ shall obtain consumer’s consent at the time of applying for purchase.This consent is not obtained in advance at the time of applying for Membership. At this time, the ‘TK Travel Korea’ shall specify to the consumer the provisions of personal information that are being disclosed, information of the receiving party, purpose and intent of use and the duration of retention∙use. But, consignment of personal information according to Clause ① of Article 25 in the 「Act on Protection of Information and Promotion of Utilization of Information and Communications Network」 shall comply with relevant laws and legislations in regards to affairs not mentioned in the Act.
Article 10 (Conclusion of Contract)
① The ‘TK Travel Korea’ may not accept request for purchase in Article 9 if it falls under one of the following items. In the event of concluding a contract with a minor, the ‘TK Travel Korea’ shall notify that the failure to acquire agreement from a legal representative may cause cancellation of the contract by the minor him/herself or the legal representative.
1. Entry of false information or omission in the registration form
2. Purchase of cigarettes and liquor and other Goods and Services prohibited by the Youth Protection Law
3. If deemed that accepting application for purchase may cause technical problems to the ‘TK Travel Korea’
② The contract is deemed to be concluded when the acceptance of the ‘TK Travel Korea’ is delivered to the User in the form stipulated in Clause ① of Article 12.
③ The acceptance of the ‘TK Travel Korea’ shall include confirmation on the User’s request for purchase, availability of sales, and correction or cancellation of the request for purchase.
Article 11 (Payment Method)
The method of payment for Goods and Services purchased through the ‘TK Travel Korea’ may be selected from the following items. The ‘TK Travel Korea’ may not collect any additional fees regarding payment for Goods and Services.
1. Account transfer through phone banking, internet banking, mail banking and others.
2. Card payment through prepaid card, debit card, credit card, and others.
3. Online bank transfer
4. Electronic money
5. Payment upon receipt
6. Mileage points or points offered by the ‘TK Travel Korea’
7. Gift voucher contracted or approved by the ‘TK Travel Korea’
8. Other means of electronic payment
Article 12 (Notice of Receipt, Change and Cancellation of Application for Purchase)
① The ‘TK Travel Korea’ shall send a notice of receipt to the User after receiving the User’s application for purchase.
② In the case of a discord between the User’s intent and the received notice, the User may change or cancel the application for purchase immediately after receipt. If the request for change or cancellation is made prior to delivery, the ‘TK Travel Korea’ shall process the request accordingly without any delay. In the event that payment has already been made, User shall follow the guidelines detailed in Cancellation of Purchase.
Article 13 (Protection of Personal Information)
① The ‘TK Travel Korea’ collects a minimum amount of information necessary to provide the services.
② At the time of applying for Membership, the ‘TK Travel Korea’ shall not collect information needed forthe performance of purchase contract in advance. But, in the case where personal identification is required before the performance of a purchase contract, a minimum amount of specified personal information is collected for the fulfillment of obligation in regards to relevant laws and legislation.
③ The ‘TK Travel Korea’ shall obtain consent from User to collect∙use personal information by notifying User with the aim/purpose of collection∙use.
④ The ‘TK Travel Korea’ shall not use the personal information outside their intended purpose. In the event of an uprising of a new use or when disclosing to third parties, the ‘TK Travel Korea’ shall notify the purpose of use and obtain consent from User during the stage of use disclosure. But, there are exceptions for cases regulated in the relevant laws and legislations.
⑤ In the event that the ‘TK Travel Korea’ is required to acquire the approval of User by Clause ② and ③, the ‘TK Travel Korea’ shall specify its personal information manager (affiliation, name, phone number, other contact information), purpose of collection and use of information, information about Third Party (recipient, purpose of provision and the information to be provided), and the provisions stipulated in Clause ② of Article 22 of the 「Act on Protection of Information and Promotion of Utilization of Information and Communications Network」. The User may at any time cancel his/her approval.
⑥ User may, at any time, request for confirmation and correction of error in their personal information possessed by the ‘TK Travel Korea,’ and the ‘TK Travel Korea’ shall be responsible for taking any necessary measures without any delay. In the event that a User requests for the correction of an error, the ‘TK Travel Korea’ shall not use the applicable personal information until error is corrected.
⑦ For protection of personal information, the ‘TK Travel Korea’ shall limit the number of persons handling personal information to a minimum, and shall be responsible for any damages caused by loss, theft, leakage, falsification, and disclosure of personal information including credit card and bank account information to third parties without consent of the User.
⑧ The ‘TK Travel Korea’ or any Third Parties who received personal information from the ‘Company,’ shall without any delay destroy all personal information once the purpose of collection has been achieved.
⑨ The ‘TK Travel Korea’ shall not have the agreement form regarding the collection∙use∙disclosure of personal information set to be filled out in advance. The ‘TK Travel Korea’ must specify services that will be restricted if User does not agree to the collection∙use∙disclosure of personal information, and the ‘TK Travel Korea’ shall not limit services or refuse to accept Membership applications on the basis of User’s refusal to agree to collecting∙using∙disclosing of personal information that do not include the collection of compulsory information.
Article 14 (Obligations of the ‘TK Travel Korea’)
① The ‘TK Travel Korea’ shall not take any actions against public policy or actions restricted by the law and this Terms and Conditions. The ‘TK Travel Korea’ shall put its best efforts in providing Goods and Services on a stable basis in accordance with the provisions in this Terms and Conditions.
② The ‘TK Travel Korea’ shall be equipped with a security system to protect personal information of Users (including credit information) and provide a safe environment for Users to use the online services.
③ In accordance with Article 3 of the Law related to 『Fairness of Display and Advertisement』, the ‘TK Travel Korea’ shall be responsible to compensate User(s) if damages were caused by displaying or adding unjust or unreasonable advertisement for certain Goods and Services
④ The ‘TK Travel Korea’ shall not send any profit-making emails which are not wanted by Users.
Article 15 (Obligations for ID & Password of Member)
① Member shall be responsible for the management of his/her ID and password
② Member shall not allow any Third Party to use his/her ID and password.
③ When a Member recognizes that his/her ID and/or password is stolen or is being used by a Third Party, the Member shall immediately notify the ‘TK Travel Korea’, and follow the instructions of the ‘TK Travel Korea.’
Article 16 (Obligations of User)
Users shall avoid the following actions:
1. Register false information at the time application or revision ofinformation
2. Use others’ personal information
3. Change information displayed on the ‘TK Travel Korea’
4. Remit or display information (computer program and others) other than the information put on by the ‘TK Travel Korea’
5. Infringe copyright or intellectual property rights of the ‘TK Travel Korea’ or the Third Party
6. Take any action that harms the reputation and interrupts the operation of the ‘TK Travel Korea’ or a Third Party
7. Disclose or display any information containing indecent or violent message, video, voice, and other information going against good public order and morals.
Article 17 (Copyright & Limitation of Use)
① The copyright and other intellectual property rights for the works produced by the ‘TK Travel Korea’ shall belong to the ‘TK Travel Korea.’
② The User may not use or cause any Third Party to use information with intellectual property rights belonging to the ‘TK Travel Korea’ for reproduction, transmission, publishing, distribution, broadcasting or other profit-making use without prior consent of the ‘TK Travel Korea.’
③ The ‘TK Travel Korea’ shall notify the User when using the copyright belonging to the applicable User in accordance with mutual Terms and Conditions.
Article 18 (Resolution of Dispute)
① The ‘TK Travel Korea’ shall apply and reflect the opinion or complaint made by User(s), and install and operate a process for compensation of consumers’ damages.
② The ‘TK Travel Korea’ shall give priority to any opinion or complaint made by User(s). However, in the event that it may not be able to promptly deal with the matter, the ‘TK Travel Korea’ shall notify the User with the cause and the final settlement schedule.
③ When a User files for Remedy of Damage regarding a dispute between the ‘TK Travel Korea’ and the User, the matter may be commissioned for arbitration by the Fair Trade Commission or a Dispute Conciliation Services Organization selected by the City Mayor.
Article 19 (Jurisdiction & Governing Law)
① All e-commerce related lawsuits between the ‘TK Travel Korea’ and a User shall be in accordance with the address of the User at the time of indictment. If an address is nonexistent, then the lawsuit shall fall under exclusive jurisdiction of the district court in the vicinity of User’s place of residence. In the event that the address or residence of the User is not clear at the time of indictment or if User is a foreign resident, the lawsuit shall be filed to the competent court on the Civil Procedures Code.
② Any and all e-commerce-related lawsuits between the ‘TK Travel Korea’ and a User shall be governed by the law of the Republic of Korea.