Do I have to pay money or see the contract first when traveling with a group?

Do I have to pay a deposit before signing the contract?

When signing a travel contract, the law does not stipulate whether to pay the deposit first or sign the contract first. Under normal circumstances, the contract is signed first, and then the deposit is paid according to the contract requirements.

Relevant laws and regulations

Tourism Law of the People's Republic of China

Article 57 A travel agency shall conclude a contract with tourists when organizing and arranging tourism activities.

Article 58 A package tour contract shall be in written form and include the following contents:

(a) the basic situation of travel agencies and tourists;

(2) Travel itinerary;

(3) The minimum number of tour groups;

(4) Arrangements and standards for tourism services such as transportation, accommodation and catering;

(five) the specific content and time of sightseeing, entertainment and other projects;

(six) free time schedule;

(seven) travel expenses and payment terms and methods;

(eight) the liability for breach of contract and the way to resolve disputes;

(9) Other matters stipulated by laws and regulations and agreed by both parties.

When concluding a package tour contract, the travel agency shall explain to the tourists in detail the contents contained in items 2 to 8 of the preceding paragraph.

Which court is under the jurisdiction of the travel contract litigation?

Article 23 of the Civil Procedure Law stipulates that a lawsuit brought due to a contract dispute shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed. A contract dispute may be under the jurisdiction of the people's court at the place where the contract is performed. Travel contracts generally do not stipulate the place of performance. If there is a dispute, how to determine the place of performance of the travel contract? There are two views on this:

1, the first point of view is that the tourism contract actually has an agreement on the place of performance of the contract, that is, the whole travel range of the tourism is the place of performance of the contract. Generally speaking, the contract is performed from the time when the tourists are controlled by the travel company, and all the places from the time when the tourists are controlled by the travel company to the end of the control by the travel company are the places where the travel contract is performed.

2. The second view is that, according to Article 62 of the Contract Law, if the parties' agreement on the relevant contract is unclear and cannot be determined according to the provisions of Article 61 of this Law, if the place of performance is unclear, if the price is paid, it shall be performed at the place where the party receiving the price is located; Where real estate is delivered, it shall be performed at the place where the real estate is located; Other subject matter shall be performed at the place where the party performing the obligation is located. Due to the large geographical span of performance, it is impossible to determine the place of performance according to the provisions of Article 62 of the Contract Law. Therefore, according to the provisions of the Civil Procedure Law, the place of performance of a tourism contract should be the place where the tourism company is located (the place where the party performing its obligations is located).