Traditional Culture Encyclopedia - Tourist attractions - Compensation standard for breach of contract of travel agency
Compensation standard for breach of contract of travel agency
After a travel agency has concluded a contract with a tourist or collected the travel expenses paid in advance by the tourist, it shall notify the tourist within a reasonable period of time if it is unable to make the trip due to the travel agency, otherwise it shall be liable for compensation according to the following standards:
1. Tourists should be informed 7 days in advance (excluding 7 days) for domestic travel, otherwise the prepaid travel expenses should be fully returned to the tourists, and the liquidated damages should be paid to the tourists according to the following standards: 7 days (including 7 days) to 4 days before departure, the liquidated damages of 10% of the total travel expenses should be paid; 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;
2. outbound travel (including travel to Taiwan) should be notified to tourists 30 days in advance (excluding 30 days), otherwise the prepaid travel expenses should be returned to tourists in full, and the liquidated damages should be paid to tourists according to the following standards: 2% of the total travel expenses should be paid 30 days before departure to 15 days; Pay a penalty of 5% of the total travel expenses from 14 to 7 days before departure; 6-4 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.
The compensation standards for travel contracts are as follows:
1. If the travel agency breaches the contract, 10% of the total payment shall be taken as the penalty 7-4 days before departure, 15% on 3- 1 day, and 20% on the same day;
2. If the tourists break the contract, they shall pay 50% of the total cancellation amount as liquidated damages 7-4 days before departure, 60% on 3- 1 day and 80% on the same day. The insufficient part shall be compensated according to the actual loss, and the maximum amount shall not exceed the total cost.
To sum up, if there is an agreement in the contract for breach of contract, compensation shall be made according to the agreement; If there is no agreement, compensation shall be made according to the actual loss. However, if a breach of contract is caused by force majeure and other factors, it shall not be liable for compensation.
Legal basis:
Article 577 of the Civil Code of People's Republic of China (PRC).
If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.
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