Traditional Culture Encyclopedia - Tourist attractions - Is the exemption clause of travel contract valid?
Is the exemption clause of travel contract valid?
legal ground
Article 506 of the Civil Code of People's Republic of China (PRC)
The following exemption clauses in this contract are invalid:
(1) Causing personal injury to the other party;
(2) Causing property losses to the other party due to intentional or gross negligence.
Article 502 of the Civil Code of People's Republic of China (PRC)
A legally established contract shall come into force upon its establishment, except as otherwise provided by law or agreed by the parties.
In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations.
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