Traditional Culture Encyclopedia - Tourist attractions - Contract text of tourism contract
Contract text of tourism contract
1. Travel agency refers to an enterprise legal person who has obtained the Travel Agency Business License and the Business License of Enterprise Legal Person and is engaged in tourism business.
2. Tourists refer to mainland residents or groups who have signed domestic travel contracts with travel agencies and participated in domestic tourism activities.
3. Domestic tourism service refers to the travel agency organizing tourists to travel in People's Republic of China (PRC) (excluding Hongkong, Macau and Taiwan Province Province), booking public transport tickets, arranging catering, accommodation, sightseeing and other service activities according to the Travel Agency Regulations and other laws and regulations.
4. Travel expenses refer to the expenses paid by tourists to travel agencies for purchasing domestic travel services.
Travel expenses include:
(1) transportation expenses;
(2) Accommodation fee;
(3) meals (excluding drinks);
(4) The first ticket fee for scenic spots arranged by the travel agency;
(5) Other project expenses arranged in the itinerary;
(6) Tour guide service fees and other service fees of travel agencies (including destination pick-up travel agencies).
Travel expenses do not include:
(1) Personal travel insurance expenses insured by tourists;
(2) The project that the contract requires tourists to pay separately;
(3) Expenses not agreed in the contract to be paid by the travel agency, including but not limited to expenses required for non-contractual activities outside the itinerary and expenses incurred during self-arranged activities;
(4) Personal expenses incurred by tourists during their travels include, but are not limited to, non-free meals on vehicles, excess baggage fees, laundry fees, telephone charges during their stay, drinks and wine fees, personal entertainment fees, personal injury medical expenses, expenses and rewards for finding personal lost items, and compensation fees caused by personal reasons.
5. Shopping place refers to the place specially or mainly engaged in shopping arranged in the travel itinerary.
6. Free travel refers to the free activities arranged in the itinerary.
7. The period of self-arranged activities refers to the period of free activities arranged in the travel itinerary, the period during which tourists do not participate in tourism activities, the period during which tourists leave accommodation facilities before and after their daily trips, and the period during which tourists leave the group temporarily with the consent of the tour guide.
8. Travel agency liability insurance refers to the insurance whose subject matter is the compensation liability that the travel agency should bear for tourists and the personnel appointed to provide services for tourists.
9. Personal travel insurance insured by tourists refers to short-term insurance purchased by tourists themselves or through insurance institutions such as travel agencies, air ticket agencies and scenic spots, with their own life, body, property or related interests as the subject matter of insurance, including but not limited to aviation accident insurance, travel accident insurance, emergency rescue insurance and special project accident insurance.
10, leaving the group refers to the behavior of group tourists who do not complete the agreed itinerary with the consent of the tour guide.
1 1, leaving the group refers to the behavior of group tourists leaving the tour group without the consent of the tour guide and not completing the agreed itinerary with the group.
12. Transfer tour refers to the behavior of a travel agency to transfer tourists to domestic travel teams organized by other travel agencies before departure, because the number of group members is less than the number of group members, with the written consent of tourists.
13. A package tour agency refers to the behavior of a travel agency to form a group with tourists attracted by other travel agencies with the consent of tourists when signing a contract, and to uniformly arrange tourism services on the premise of ensuring that the promised service content and standards remain unchanged.
Force majeure refers to unforeseeable, unavoidable and insurmountable objective circumstances, including but not limited to those caused by natural and social reasons, such as natural disasters, wars, terrorist activities, turmoil, riots, strikes, public health emergencies and government actions.
15. Accidents refer to incidents caused by accidental factors other than intentional or negligent acts of the parties, including but not limited to traffic jams caused by major protocol activities, train flight delays, temporary closure of scenic spots, etc.
16. Business loss refers to the economic loss caused by tourists leaving the group before departure. Including the cost of flying (car, boat) and other means of transportation (including the reservation), hotel accommodation (including the reservation), per capita car rental in sightseeing bus and other actual expenses that have occurred.
17, Golden Week, refers to the three-day statutory holidays such as the Spring Festival and the "Eleventh", which are connected with the public holidays before and after, forming a public holiday of usually seven days. Article 2 Travel itinerary
The travel agency shall provide the tour itinerary with the group number (hereinafter referred to as "tour itinerary"), which shall be deemed as an integral part of this contract after being signed or sealed by both parties. The following contents shall be clearly stated in the travel itinerary:
(1) Starting point, passing place, destination, route travel time and specific arrangements of the travel itinerary (calculated in natural days, including flight time of planes, cars, ships, etc. , less than 24 hours is also a day);
(2) The name, address, contact person and telephone number of the destination travel agency;
(3) Traffic service arrangements and standards (clear information such as vehicles and grades, departure time, whether or not to transfer);
(4) Accommodation service arrangement and standard (indicate the name, location and star rating of the accommodation hotel, and indicate whether there are air conditioning, hot water, independent toilets and other related service facilities in non-star hotels);
(5) Dining (breakfast and dinner) service arrangement and its standard (indicate the number, place and standard of dining);
(6) The specific contents and time of the tour items arranged by the travel agency (the contents of the tour route include the names of the scenic spots and the tour items, and the minimum stay time of the scenic spots);
(7) Time and frequency of free activities;
(eight) shopping arrangements (the number of shopping trips arranged by the travel agency shall not exceed half of the number of days of the trip, and the name of the shopping place, the longest stay time and the main commodities shall be listed);
(9) Entertainment activities arranged in the itinerary (specify the time, place and project content of entertainment activities);
(10) Additional paid items (If there are any arrangements, the travel agency shall provide the tourists with a list of additional paid items when signing the contract, indicating the price of the additional paid items, transportation expenses for participating in the additional paid items, tour guide service fees, etc. , voluntarily selected and signed by the tourists as an integral part of this contract; Items that are paid separately should be based on the principle of not affecting the original planned itinerary);
The terms used in the travel itinerary must be accurate and clear, and there must be no uncertain terms such as "quasi-star", "luxury", "for reference only", "subject to ××" and "at the same level as ××" to indicate the service standard.
Article 3 Signing a contract
Tourists should carefully read the terms of this contract, travel itinerary and list of paid items. After the tourists understand the terms of this contract and related annexes, the travel agency and the tourists shall sign a written contract.
Article 4 Tourism advertisements and promotional materials
Travel advertisements and promotional materials of travel agencies should follow the principle of good faith. If its contents conform to the provisions of the Contract Law of People's Republic of China (PRC), it shall be regarded as an integral part of this contract, which shall be binding on both travel agencies and tourists.
Article 5 the validity of the contract
This contract is made in duplicate, one for each party, with the same legal effect, and shall come into effect as of the date of signature or seal by both parties. Article 6 Rights of travel agencies
1. Decide whether to accept tourists to join the tour group according to their physical health and related conditions;
2. Verify the relevant information provided by tourists;
3. Collect full travel expenses from tourists according to the contract;
4. In case of emergency, the tourism team can take emergency measures and ask the tourists to cooperate;
5. Reject the unreasonable demands of tourists beyond the contract.
Article 7 Obligations of travel agencies
1, to provide services for tourists according to the contents and standards agreed in the contract and travel itinerary;
2. Truthfully inform the specific itinerary and related specific matters before leaving the group, including but not limited to the important regulations, customs, safety measures and emergency contact information of the tourist destination;
3. According to the contract, arrange certified tour guides for the tourism team in accordance with the Regulations on the Management of Tour Guides;
4, properly keep all kinds of documents submitted by tourists;
5. Issue personal information security cards written in a fixed format and designated by tourists (including the name, blood type and emergency contact information of tourists). );
6. Make true explanations and clear warnings to tourists about matters that may endanger the personal and property safety of tourists, and take reasonable and necessary measures to prevent the occurrence of hazards. When the personal and property rights and interests of tourists are damaged, reasonable and necessary protection and rescue measures should be taken to avoid the expansion of the personal and property rights and interests of tourists;
7. Insure travel agency liability insurance in accordance with relevant laws and regulations;
8. Remind tourists to buy personal travel insurance;
9. Shopping and paid items shall be arranged in accordance with the contract, and tourists shall not be forced to shop or participate in paid items in disguise;
10. If the goods purchased by tourists in the shopping places arranged in the travel itinerary are fake and shoddy goods, the travel agency shall actively assist tourists in making claims. If the tourist cannot get compensation from the shopping place for more than 60 days from the date of claim, the travel agency shall pay in advance;
1 1. Provide tourists with legal travel expense invoices;
12, keeping the personal information of tourists confidential according to law;
13. Actively coordinate and handle tourists' complaints during the travel itinerary, and take appropriate measures to prevent the loss from expanding in case of disputes;
14. If you leave the tour group as a group worker, the travel agency that signed the contract will still bear the responsibilities and obligations stipulated in this contract.
Article 8 the rights of tourists
1. Ask the travel agency to cash the travel itinerary service according to the contract and travel itinerary;
2. Without prior consultation, refuse to transfer or join the tour group, and refuse to arrange paid items such as shopping outside the contract;
3. Ask the travel agency to issue an invoice when paying the travel expenses;
4, when the legitimate rights and interests are damaged, complain to the tourism, industry and commerce departments or ask the travel agency to assist in the claim;
5. Other rights granted to consumers by People's Republic of China (PRC) Consumer Protection Law and relevant laws and regulations.
Article 9 obligations of tourists
1. Fill in the travel registration form, travel safety card and other contents truthfully, take responsibility for the contents filled in, and truthfully inform the travel agency staff of personal health information related to travel activities. The contact information provided must be frequently used or can be contacted in time;
2. Pay travel expenses according to the contract;
3. Complete the tour with the group according to the contract, cooperate with the unified management of the tour guide, and take measures to prevent the loss from expanding in case of emergency;
4. Abide by national and local laws, regulations and relevant regulations, and do not engage in illegal activities or participate in pornography, gambling and drug activities during the travel itinerary;
5. Abide by public order and social morality, and respect local ethnic customs; Respect the personality of tourism service personnel, behave in a civilized manner, do not scribble on landscapes and buildings, and do not spit or litter;
6. Take care of your luggage, especially valuables;
7. Disputes arising during travel should be settled on the principle of equal consultation, and appropriate measures should be taken to prevent the loss from expanding. It is not allowed to delay the trip or leave with a group by refusing to board the plane (car or boat);
8. During the self-arranged activities, you should choose activities within your own risk control scope and be responsible for your own safety;
9. When the legitimate rights and interests are damaged and the travel agency is required to assist in the claim, it shall provide legal and valid credentials. Article 10 Modification of the Contract
1. Travel agencies and tourists can change the contents of this contract through consultation, but both parties shall sign it in writing. The increased travel expenses and losses caused to the other party shall be borne by the party proposing the change; The travel agency shall refund the reduced travel expenses to the tourists.
2. If the contract cannot be performed or continues to be performed due to force majeure or unexpected events, the travel agency may change the corresponding contents after obtaining the consent of more than 50% members of the travel team. If it is impossible to solicit opinions due to an emergency or to obtain the consent of more than 50% of the members after soliciting opinions, the travel agency may decide to change the content, but it shall provide necessary proof for its decision.
3. In case of force majeure or unexpected events before the trip, both parties can cancel or postpone the trip through consultation. If the itinerary is cancelled, the travel agency will refund the travel expenses to the tourists in full. Travel expenses, if any, shall be shared reasonably by both parties after consultation.
4. In case of force majeure during the tour, the travel agency will return the unexpired travel expenses to the tourists after implementing the change according to the agreement in the second paragraph of this article, and the increased travel expenses will be reasonably shared by both parties through consultation.
5. In case of unexpected events during the trip, which make it impossible to continue to perform the contract, the travel agency will refund the unexpired travel expenses to the tourists after implementing the change according to the agreement in the second paragraph of this article, so the increased travel expenses will be borne by the party proposing the change (but the expenses incurred by the beneficiary due to emergency avoidance will be borne by the beneficiary).
Article 1 1 Contract Assignment
With the written consent of the travel agency, tourists can transfer their rights and obligations in the contract to a third person who meets the travel conditions, so the increased expenses are borne by the tourists and the reduced expenses are returned to the tourists.
Article 12 Arrangements for not forming a group
When the number of tour groups organized by the travel agency is less than the number of tour groups, tourists can reach an agreement with the travel agency on the following arrangements in Article 22 of this contract.
1. Transfer: On the premise of ensuring that the promised service content and standard will not be lowered, the travel agency may transfer the tourists to tour groups organized by other travel agencies with the prior written consent of the tourists, and compensate the transferred travel agency for its violation of this contract. If the tourist signs a separate contract with the transferred travel agency, the rights and obligations of this contract will be terminated.
2. Postpone the tour and change the tour route: With the written consent of the tourists, the travel agency may postpone the tour or change other tour routes, and re-sign the travel contract when necessary, so the increased expenses shall be borne by the tourists and the reduced expenses shall be refunded by the travel agency. Thirteenth do not agree to transfer, postpone the tour and change the tour route, terminate the contract.
If the number of tour groups is less than the number of tour groups, and the tourists neither agree to transfer the tour groups, nor agree to postpone or change other routes to leave the tour groups, it shall be deemed that the travel agency has terminated the contract, and it shall be handled according to the relevant agreements in Article 14 and Article 16, Paragraph 1, of this contract.
Article 14 Termination of Contract before Travel
Tourists and travel agencies can propose to terminate the contract in writing before traveling. If the contract is terminated more than 7 days before departure (calculated by the difference between the departure date and the natural arrival date of the notice of termination, the same below), both parties shall not be liable for breach of contract. If the travel agency proposes to terminate the contract, it will refund the travel expenses in full; If the tourist proposes to terminate the contract and has incurred travel expenses, the incurred travel expenses shall be deducted. The travel agency shall refund the travel expenses to the tourists within 5 working days from the date of the notice of termination of the contract.
If a tourist or travel agency proposes to terminate the contract within 7 days before departure (including the seventh day, the same below), the party who proposes to terminate the contract shall bear the liability for breach of contract.
Article 15 Termination of contract during travel
1. If a tourist fails to arrive at the agreed meeting and departure place at the agreed time and fails to join the tour team halfway, it shall be deemed that the tourist has terminated the contract and shall be dealt with according to the relevant provisions in Clause 1 of Article 17 of this contract;
2. If the tourist leaves the tour group during the tour, the travel agency may terminate the contract, and the tourist shall not ask the travel agency to refund the travel expenses, thus causing economic losses to the travel agency, and the tourist shall bear the corresponding liability for compensation. Sixteenth travel agency liability for breach of contract
1. If the travel agency proposes to terminate the contract within 7 days before departure (including the seventh day, the same below), it will refund all the travel expenses to the tourists and pay the tourists the liquidated damages according to the following standards:
7 to 4 days before departure, pay 65438+ 00% of the total travel expenses as penalty;
3 days before departure to 1 day, pay 15% of the total travel expenses as penalty;
On the day of departure, pay a penalty of 20% of the total travel expenses.
If the above liquidated damages are not enough to compensate the actual losses of tourists, the travel agency shall compensate the tourists according to the actual losses.
The travel agency shall, within 5 working days from the date of arrival of the cancellation notice, refund all the travel expenses to the tourists and pay the above liquidated damages.
2. If the travel agency fails to provide services as agreed in the contract, or adjusts the travel itinerary without the consent of the tourists (except for the circumstances stipulated in the second paragraph of Article 10 of this contract), it shall take measures to remedy it. Those who have not taken remedial measures or have taken remedial measures but are not enough to make up for the losses of tourists shall bear the corresponding liability for compensation.
3. If the travel agency arranges other paid items other than those agreed in this contract without the signature of the tourists, it shall bear the expenses of the self-funded items; If you increase the number of shopping without authorization, you will pay the tourists a penalty of 10% of the total travel expenses each time; If tourists are forced to shop or in disguised form, they will pay a penalty of 20% of the total travel expenses each time.
4. If a travel agency violates the contract and stops providing accommodation, catering and transportation services to tourists, it shall bear the necessary expenses of accommodation, catering and transportation at the same level set by tourists during the suspension of travel services, and pay the tourists a penalty of 30% of the total travel expenses; If other personal or property damage is caused to tourists, they shall also be liable for damages.
5. If the travel agency transfers or assembles tourists without the tourists' consent, if the tourists know before departure (excluding the day), they have the right to terminate the contract, and the travel agency will fully refund the paid travel expenses and pay liquidated damages at 15% of the total travel expenses; If the tourists learn about it on the day of departure or after departure, the travel agency shall pay a penalty of 25% of the total travel expenses. If the tourist requests to terminate the contract, the travel agency will refund the paid travel expenses in full; If the liquidated damages are not enough to compensate the actual losses of tourists, the travel agency shall compensate the tourists according to the actual losses.
6. When there is a dispute with tourists, the travel agency should actively take measures to prevent the loss from expanding, otherwise it should be responsible for the expanded loss.
7. If a third party entrusted by a travel agency violates this contract, it shall be deemed as a breach of contract by the travel agency, and the travel agency shall bear the liability for breach of contract in accordance with this contract.
Seventeenth tourists' liability for breach of contract
1. If a tourist proposes to terminate the contract within 7 days before departure (including the seventh day, the same below), he shall pay the business loss fee to the travel agency according to the following standards:
7 to 4 days before departure, pay 50% of all travel expenses;
3 days before departure to 1 day, pay 60% of all travel expenses;
On the day of departure, pay 80% of the total travel expenses.
If the business loss fee paid according to the above ratio is not enough to compensate the actual loss of the travel agency, the tourist shall compensate the travel agency according to the actual loss, but the maximum amount shall not exceed the total travel expenses.
After deducting the above-mentioned business losses, the travel agency shall refund the remaining travel expenses to the tourists within 5 working days from the date of the arrival of the tourists' withdrawal notice.
2. If the tourist fails to pay the travel expenses in full according to the time agreed in this contract, the travel agency has the right to terminate the contract and require the tourist to bear the business loss expenses of the travel agency.
3. Tourists who don't listen to the advice of travel agencies and their tour guides and affect the team trip, causing losses to travel agencies, shall bear the corresponding liability for compensation.
4. The losses caused by tourists' personal activities beyond the content agreed in this contract shall be borne by them.
5. If the travel agency suffers damage due to the fault of the tourist, the tourist shall compensate for the loss.
6. When there is a dispute with the travel agency, tourists should take active measures to prevent the loss from expanding, otherwise they should be responsible for the expanded loss.
Article 18 Other responsibilities
1. If the personal and property rights and interests of tourists are damaged due to third party infringement and other reasons not attributable to the travel agency, the travel agency will not be liable for compensation. However, if the loss of personal and property rights and interests of tourists increases due to the travel agency's failure to fulfill its obligation of assistance, the travel agency shall be liable for the increased loss.
2. If the personal and property rights and interests of tourists are damaged in the activities arranged by themselves, and the travel agency has fulfilled the obligation of warning beforehand and assisting afterwards, it will not be liable for compensation. Article 19 Travel time
The departure time is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 20 Travel expenses and payment methods
(Travel expenses are calculated in RMB)
Adult: _ _ _ _ _ _ Yuan/person; Children (/kloc-under 0/2 years old): _ _ _ _ _ yuan/person.
Total: _ _ _ _ _ _
How and when to pay the travel expenses:.
Article 21 Personal travel insurance
Tourists (agree or disagree, tick is invalid) entrust travel agencies to handle personal travel insurance insured by tourists.
Name of insurance product:
Insurance company:
Insurance amount: RMB _ _ _ _ _
Insurance premium: RMB _ _ _ _ _ _ _ _
Article 22 Agreement on the number of people in a group and the number of people not in a group
Minimum group size: people; If the number of people is less than this, the travel agency shall notify the tourists in time the day before departure.
If it is not possible to form a group, do tourists agree to solve it in the following ways:
1, (agree or disagree, tick is invalid) transfer to travel agency;
2, (agree or disagree, tick is invalid) postpone the tour;
3. (If you agree or disagree, the box is invalid) Change other routes to join the League.
Twenty-third assembly agreement
Visitors (agree or disagree, tick is invalid) leave the group by group.
Special Agreement for the 24th Golden Week
During the peak period of Golden Week tourism, tourists and travel agencies have agreed on the time and related responsibilities for leaving the tour group and canceling the tour group before departure as follows: advance notice time, responsibilities for tourists to leave the tour group before departure, and responsibilities for the travel agency to cancel the tour group before departure.
Disputes arising from the performance of this contract shall be settled by both parties through consultation; You can also apply for mediation to the tourism quality supervision and law enforcement agencies, consumer associations and other relevant departments or institutions in the place where the contract is signed. If negotiation or mediation fails, it shall be settled in the following ways:
1, submitted to the Arbitration Commission for arbitration;
2. Bring a lawsuit to the people's court according to law.
Article 26 Other agreed matters
Matters not covered in this article can be included in supplementary terms through consultation between tourists and travel agencies.
Signature (seal) of tourism representative: seal of travel agency:
CertificateNo.: Signature (seal) of the signing representative:
Address: Business address:
Tel: Tel:
Chuan Zhen: Chuan Zhen:
Post: post:
Date of signature: year month date of signature: year month day.
Signing place:
Travel agency supervision complaint telephone number:
_ _ _ _ _ _ Province _ _ City Tourism Quality Supervision and Law Enforcement Agency:
Complaint telephone number:
E-mail:
Address:
Post:
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