Settlement of tourism contract disputes

Legal analysis: The settlement of tourism contract disputes mainly adopts negotiation, mediation, arbitration and litigation, briefly as follows:

(1) Consultation

Self-negotiation refers to the dispute between the two sides over the travel contract. On the basis of voluntary mutual understanding, according to the provisions of relevant laws and policies, a method to solve disputes by stating facts and reasoning.

(2) Mediation

It refers to a way for both parties to a tourism contract to resolve disputes under the auspices of the competent department, the third party, the arbitration institution or the people's court. Which department shall preside over the mediation of contract disputes can be determined by both parties through consultation, or unilaterally submitted to the relevant departments for mediation.

(3) Arbitration

Including domestic arbitration and foreign arbitration. Domestic arbitration refers to the award made by the contract arbitration organ on the dispute between the parties to the contract; Foreign-related arbitration refers to a way that the parties to a contract reach a written agreement before or after the dispute occurs and voluntarily submit their disputes to an arbitration institution agreed by both parties for arbitration.

(4) Litigation

It is an activity presided over by the people's court, with the participation of the parties and other participants in the proceedings, to try and resolve disputes over tourism contracts. The cases of tourism contract disputes tried and judged by the people's courts are the final method to solve the tourism contract disputes.

Legal basis: Article 562 of the Civil Code of People's Republic of China (PRC), the parties can terminate the contract through consultation.

The parties may agree on the reasons for one party to terminate the contract. When the reasons for the termination of the contract arise, the creditor may terminate the contract.

Article 563 The parties may terminate the contract under any of the following circumstances:

(a) the purpose of the contract cannot be achieved due to force majeure;

(two) before the expiration of the time limit for performance, one party clearly indicated or indicated by his own behavior that he would not perform the main debt;

(three) one party delays the performance of the main debt and fails to perform it within a reasonable period after being urged;

(4) One of the parties delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract;

(5) Other circumstances stipulated by law.

For an indefinite contract whose content is to continue to perform debts, the parties may terminate the contract at any time, but they shall notify the other party before a reasonable time limit.