Legal provisions of tourism contracts

Legal analysis: The Tourism Service Contract has made special provisions, aiming at protecting the legitimate rights and interests of tourists and tour operators, standardizing the order of the tourism market, protecting and rationally utilizing tourism resources, and promoting the sustainable and healthy development of tourism. Tourists who damage the legitimate rights and interests of travel agencies, performance assistants, tourism professionals or other tourists in tourism activities or when resolving disputes shall be liable for compensation according to law. If the travel agency fails to perform the obligations of the package tour contract or fails to perform the contractual obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses according to law. Those who cause personal injury or property loss to tourists shall be liable for compensation according to law. If the travel agency has the conditions to perform and refuses to perform the contract after being requested by the tourists, resulting in serious consequences such as personal injury and detention of the tourists, the tourists may also ask the travel agency to pay compensation of more than one time and less than three times the travel expenses.

Legal basis: Article 57 of the Tourism Law of the People's Republic of China refers to the agreement reached between tour operators and tourists on the rights and obligations of travel agencies and tourists in the course of tourism activities.