Traditional Culture Encyclopedia - Tourist attractions - What law is applicable to tourism contract disputes?

What law is applicable to tourism contract disputes?

Legal analysis: The applicable laws for tourism contract disputes are: Articles 91 and 93 of the Tourism Law. Consumers' associations, tourist complaint handling institutions and relevant mediation organizations shall mediate disputes between tourists and tour operators according to law on the basis of mutual willingness.

Legal basis: Article 465 of the Civil Code of People's Republic of China (PRC). Contracts established according to law are protected by law. A legally established contract is legally binding only on the parties, except as otherwise provided by law.

Article 23 of the Civil Procedure Law of People's Republic of China (PRC) shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed.

Tourism Law of the People's Republic of China

Article 91 The people's governments at or above the county level shall designate or establish a unified tourism complaint handling institution. After receiving the complaint, the accepting institution shall promptly handle it or hand it over to the relevant department for handling, and inform the complainant.

Article 92 Disputes between tourists and tour operators can be resolved through the following channels:

(1) Both parties negotiate;

(two) to apply for mediation to consumers' associations, tourism complaint acceptance agencies or relevant mediation organizations;

(three) according to the arbitration agreement reached with the tour operators, submit it to an arbitration institution for arbitration;

(4) bring a lawsuit to the people's court.

Article 93 Consumers' associations, tourist complaint handling institutions and relevant mediation organizations shall mediate disputes between tourists and tour operators according to law on the basis of mutual willingness.

Article 94 In the event of a dispute between tourists and tour operators, if one party has a large number of tourists and has the same request, it may elect representatives to participate in consultation, mediation, arbitration and litigation.