Gongju Water Bomb Day Reservation at Gongju Pension
Promised "Force Majeure Refund" but "Full Refund Not Possible"
No Specific Criteria for Force Majeure Causes "Conflict"
A consumer who had booked a pension in Gongju, Chungnam, where heavy rain was concentrated, demanded a refund citing a natural disaster but was refused, sparking controversy.
According to online communities and Yonhap News on the 17th, Mr. A, who booked a pension in Gongju on the 15th, requested cancellation and a refund from the pension owner Mr. B the day before the reservation after seeing the worsening weather conditions, but was refused.
Mr. A claimed that Mr. B initially promised, "If you cannot come on the day due to a natural disaster, we will refund," but later changed his words to "Full refunds are not possible the day before use."
Mr. B also insisted on refusing the refund, saying, "All roads leading to the pension are accessible without any problems," and "You keep calling it a natural disaster, but the messages sent by the government are 'safety messages' advising caution."
Mr. A appealed, "I had to travel three hours to Gongju, and from the morning, more than 10 disaster alerts came, including flood warnings for the Geum River, resident evacuations, and traffic controls. If this is not a natural disaster, then what is?"
On the 15th, Gongju experienced an urgent situation as areas such as Okryong-dong and Geumseong-dong were flooded from the morning, resulting in one resident in their 50s dying and hundreds evacuating. Over the next two days, about 500mm of heavy rain fell, flood warnings were issued for Geumgang Bridge, roads were controlled in many places, farmland was submerged, and facilities were damaged. Additionally, Manharu Pavilion of Gongju Gongsanseong, a UNESCO World Cultural Heritage site, was temporarily flooded, and soil erosion occurred at the Muwang Royal Tomb and the Royal Tomb Complex.
According to the Consumer Dispute Resolution Standards for Accommodation, if a consumer cannot travel to the accommodation area or use the accommodation itself due to climate change or natural disasters, a full refund of the deposit is required even if the reservation is canceled on the day of accommodation. Climate change and natural disasters are limited to cases where the Korea Meteorological Administration issues warnings or advisories for strong winds, high waves, heavy rain, heavy snow, storm surges, tsunamis, typhoons, or volcanic warnings.
However, since there are no specific standards for natural disasters, the positions of consumers and sellers sharply conflict. When a heavy rain advisory is issued, accommodation users expect refunds because they cannot risk traveling, but accommodation providers often decide on refunds after judging whether there is a direct impact such as road damage or flight cancellations preventing access to the accommodation.
Also, since this item is not mandatory, conflicts between consumers and owners over refunds continue.
A Gongju city official said, "On the 15th, a heavy rain warning was in effect in Gongju, so a full refund was possible," adding, "There are cases where owners refuse refunds even though they know the regulations, so we sometimes visit to persuade and mediate on behalf of consumers. If you inquire through the 1372 Consumer Counseling Center, we will actively assist in damage relief."
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