Traditional Culture Encyclopedia - Tourist attractions - Is the exemption clause of travel contract valid?

Is the exemption clause of travel contract valid?

The exemption clause in the travel contract is valid. If the exemption clause is determined by the parties through full consultation, then the exemption clause is effective as long as it is entirely based on the voluntary of the parties and does not violate the public interest. Exemption clauses that seriously violate the principle of good faith and social public interests are prohibited by law.

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.