Traditional Culture Encyclopedia - Tourist attractions - What is the relationship between the scope of application of China's tourism contract?
What is the relationship between the scope of application of China's tourism contract?
1. As for the parties, one is a tourist and the other is a tourism organizer;
2. The object of the contract is that this kind of payment provided by the travel industry includes all the travel;
3. The tour organizer should be responsible for proposing the payment;
4. The price paid by tourists is the total price.
A travel contract refers to a contract signed between a tourist and a travel agent.
① The p>①197 Brussels International Convention on Travel Contracts (hereinafter referred to as the Convention), German and Taiwan Province Civil Codes all adopted this scope for the legislation of travel contracts. The passenger transport contract signed by tourists and transport operators has special provisions in the Contract Law.
② The contract signed with the lodging industry is actually a mixture of the characteristics of lease, employment, entrustment and sales contracts. Although there are no special provisions in the contract law, disputes can be handled in practice according to the theory of mixed contracts, and generally the provisions of relevant laws can be applied in combination with the nature of each payment in the dispute. The contract with the catering industry is a sale or contract;
③ There are also special provisions in the Contract Law. However, only the contract between travel agents and tourists is complex in nature and has its particularity. Because of this, the international common legislation adopts this meaning.
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