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Camping Site Photos That Mislead Campers, Reservation platforms are taking direct control(2024.10.29)

by walk around 2024. 10. 30.

  • 121 unfair terms and conditions (11 types) have been corrected, including extensive liability exemptions for businesses on camping reservation platforms 
  • Strengthening the responsibility and role of platforms to improve the rights and interests of 5 million campers 

The Korea Fair Trade Commission (KFTC) reviewed the terms and conditions of five major camping reservation platforms and the reservation platform for natural recreation forests. This review led to the correction of 121 unfair terms and conditions across 11 types, including clauses that broadly exempt platforms from intermediary responsibility and legal liability, and those that unfairly restrict cancellation and refund rights.

 

The KFTC carefully examined the terms and conditions of the five major camping reservation platforms and natural recreation forest platforms to identify clauses that limited platform responsibility. The review found numerous clauses on the five camping platforms' terms and conditions that exempted businesses from responsibility for the accuracy and reliability of information posted, transferred liability for damages occurring during service use to the users, and excluded responsibility in case of disputes.

 

While the photos provided on platforms are generally taken directly by camping site operators, some are taken by the platforms themselves. Platforms also engage significantly in the information provided through marketing methods, like categorizing sites by theme and recommending options accordingly. As operators of these platforms, they must fulfill their duty of care as a "diligent manager," quickly implementing necessary measures in cases of user disputes.

 

However, these terms were deemed unfair because they unconditionally exempt the platform from liability simply due to its role as a "communication sales intermediary" without considering the degree of fault or responsibility.

 

In response, the five camping reservation platforms revised their terms to bear responsibility in cases of intentional or negligent fault. They also added new terms to enhance their responsibility and role, such as periodically notifying campground operators to update photos and penalty regulations so that camping site photos and information remain accurate and reflect the latest conditions, ensuring the latest penalty dispute resolution regulations.

 

Moreover, during consultations with the KFTC on these revisions, the platforms implemented an "information update check notification" for the first time since their establishment, targeting their registered camping sites, and committed to continue this practice periodically.

 

Additionally, the platforms revised their terms to clarify that they would bear liability within the scope of intentional or negligent fault if damages occur during service use and to specify their intermediary role and obligations to resolve issues swiftly in cases of complaints or disputes.

 

Camping and recreation forest facilities are public spaces used by numerous people simultaneously, which means that personal belongings may be lost, or facilities may be damaged. Since such incidents could arise due to the negligence of either the users or the operators, liability should be carefully assessed and assigned accordingly.

 

However, these terms were deemed unfair for uniformly transferring responsibility for loss or damage to the users without considering the operators' degree of fault or responsibility.

 

In response, the platforms revised their terms to hold operators liable when they bear responsibility for loss or damage.

Platform operators must bear liability for damages caused by interruptions in service, such as equipment maintenance or replacement, when intentional or negligent fault is involved. To hold users responsible for such damages, the platform must provide proof of the incident. However, the terms on these platforms were deemed unfair for broadly exempting operators from responsibility without considering fault or for limiting liability only to cases of gross negligence while transferring the burden of proof to users.

 

As a response, the platforms revised their terms to assume responsibility in cases of both intentional and ordinary negligence.

 

Since camping occurs outdoors and is thus highly influenced by external factors, natural disasters around the campsite or road closures that prevent vehicle access may make it difficult for users to use the facilities. Such situations are beyond users’ control, and cancellations or refunds should be allowed in these cases. However, some terms were found unfair as they restricted users' rights to cancel or receive refunds without considering these circumstances.

 

Additionally, refunds should primarily be made using the same payment method used by the customer, or in cash if this is not possible. However, some terms were found to unfairly allow refunds to be issued as points for use on the platform instead of the original payment method or cash.

 

In response, the platforms revised their terms to allow cancellations and refunds in cases where parking is unavailable for reasons beyond users' control, and refunds are now to be processed primarily through the original payment method.

Other revisions include making termination clauses more specific so that customers clearly understand the reasons, ensuring that customers are individually notified of changes to terms if they are disadvantageous to them, and providing a process for customers to appeal if their posted content is removed by the operator. The terms were also amended to adhere to relevant laws regarding the transfer of customer copyrights to the operator and jurisdiction clauses favoring the business.

 

This revision is significant as it comprehensively corrects the liability exemptions in terms of major camping and natural recreation forest platforms, thus strengthening the platforms' responsibilities and roles.