We have not signed a contract with the travel agency but have paid a deposit. Is the travel agency responsible for breach of contract?

The travel contract should be a non-essential contract, and oral agreements are also valid. Therefore, in theory, the travel agency must bear the liability for breach of contract and should return double the deposit.

According to the provisions of the "People's Republic of China and Civil Code", the scope of damages shall be equal to the amount of damages if one party fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, causing losses to the other party. The losses caused by breach of contract, including the benefits that can be obtained after the performance of the contract, shall not exceed the possible losses that the breaching party foresees or should foresee when entering into the contract. Liquidated damages The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party based on the circumstances of the breach, or they may agree on a method for calculating the amount of compensation for losses arising from breach of contract. If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase the amount; if the agreed liquidated damages are excessively higher than the losses caused. The parties may request the people's court or arbitration institution to appropriately reduce the amount. If the parties agree on liquidated damages for delayed performance, the defaulting party shall also perform its debts after paying the liquidated damages.

If an operator commits fraud in providing goods or services to consumers, he shall be liable for damages in accordance with the provisions of the "Consumer Rights and Interests Protection Law of the People's Republic of China".

According to the relevant laws of our country, if the contract cannot be performed due to force majeure, the liability shall be partially or completely exempted based on the impact of force majeure, unless otherwise provided by law. If force majeure occurs after the party delays performance, it cannot be exempted from liability. Force majeure as mentioned in this Law refers to objective circumstances that cannot be foreseen, avoided and cannot be overcome. Notice and Proof of Force Majeure If one party is unable to perform the contract due to force majeure, it shall notify the other party in a timely manner to reduce the possible losses to the other party, and shall provide proof within a reasonable period. Loss reduction rules: After one party breaches the contract, the other party shall take appropriate measures to prevent the expansion of losses; if the failure to take appropriate measures causes the losses to expand, the other party shall not claim compensation for the expanded losses. The reasonable expenses incurred by the parties to prevent the expansion of losses shall be borne by the breaching party. Liability for breach of contract by both parties If both parties breach the contract, they shall each bear corresponding responsibilities. Breach of Contract Due to the Fault of a Third Party If one of the parties breaches the contract due to the fault of the third party, he shall be liable for the breach of contract to the other party. Disputes between one party and a third party shall be settled in accordance with legal provisions or agreement. Concurrent Liabilities If one party's breach of contract infringes upon the other party's personal or property rights and interests, the injured party has the right to choose to require it to bear breach of contract liability in accordance with this law or to require it to bear tort liability in accordance with other laws.

In summary, have your questions been answered?

Legal Basis

Article 584 of the "People's Republic of China and Civil Code" Scope of Damages: One party fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, resulting in If the other party suffers a loss, the amount of compensation shall be equal to the loss caused by the breach of contract, including the benefits that can be obtained after the contract is performed; however, it shall not exceed the possible losses that the breaching party foresees or should foresee when entering into the contract.