Conditions and methods for terminating travel contract

Legal analysis: Conditions for the travel agency to terminate the contract: The travel agency can terminate the contract if the tourist meets one of the following circumstances.

1. Suffering from infectious diseases and other diseases that may endanger the health and safety of other tourists. 2. Carrying items that endanger public safety and refusing to hand them over to relevant departments for processing. 3. Engage in activities that are illegal or violate social morality. 4. If the tour operator engages in activities that seriously affect the rights and interests of other tourists, and refuses to listen to dissuasion or other circumstances stipulated by law that cannot be stopped, and terminates the contract due to arrears of payment, the organizing agency shall return the balance to the tourists after deducting necessary expenses. Tourists who cause losses to travel agencies shall be liable for compensation in accordance with the law.

Legal basis: "The People's Republic of China and the Civil Code"

Article 562 The parties may terminate the contract if they reach consensus through consultation. The parties may agree on the reasons for one party to terminate the contract. When the reasons for rescinding the contract occur, the person with the right to terminate the contract can terminate the contract.

Article 563: The parties may terminate the contract under any of the following circumstances: (1) The purpose of the contract cannot be achieved due to force majeure; (2) Before the expiration of the performance period, one party expressly states that Or show by their own behavior that they will not perform their major debts; (3) One party delays the performance of its major debts and fails to perform within a reasonable period after being urged; (4) One party delays the performance of its debts or commits other breaches of contract, resulting in the failure to achieve the purpose of the contract; (5) Other situations stipulated by law. For a non-scheduled contract with ongoing performance of debts as its content, the parties may terminate the contract at any time, but must notify the other party before a reasonable period of time.

"Travel Law of the People's Republic of China"

Article 66 If a tourist falls into any of the following circumstances, the travel agency may terminate the contract:

(1) Suffering from infectious diseases and other diseases that may endanger the health and safety of other tourists;

(2) Carrying items that endanger public safety and refusing to hand them over to relevant departments for processing;< /p>

(3) Engaging in activities that are illegal or contrary to social ethics;

(4) Engaging in activities that seriously affect the rights and interests of other tourists, and refusing to listen to dissuasion and being unable to stop them;

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(5) Other circumstances stipulated by law.

If the contract is terminated due to the circumstances specified in the preceding paragraph, the tour organizing agency shall return the balance to the tourists after deducting necessary expenses; if losses are caused to the travel agency, the tourists shall bear liability for compensation in accordance with the law.

Article 67 If the travel itinerary is affected due to force majeure or events that cannot be avoided despite the travel agency and its assistants having exercised reasonable care, the travel itinerary will be handled according to the following circumstances:

(1) ) If the contract cannot continue to be performed, both the travel agency and the tourists may terminate the contract. If the contract cannot be fully performed, the travel agency may change the contract within a reasonable range after explaining it to the tourist; if the tourist does not agree to the change, it may terminate the contract.

(2) If the contract is terminated, the organizing agency shall return the balance to the tourists after deducting the non-refundable fees paid to the local tour operator or fulfillment assistant; if the contract is changed, the amount increased accordingly The cost will be borne by the tourist, and the reduced cost will be refunded to the tourist.

(3) If the personal or property safety of tourists is endangered, the travel agency shall take corresponding safety measures, and the expenses incurred shall be shared between the travel agency and the tourists.

(4) If tourists are stranded, the travel agency shall take corresponding resettlement measures. Therefore, the increased food and accommodation expenses will be borne by the tourists; the increased return expenses will be shared by the travel agency and tourists.