Traditional Culture Encyclopedia - Travel guide - Can I get a full refund if I cancel the tour due to the epidemic?
Can I get a full refund if I cancel the tour due to the epidemic?
The outbreak of this epidemic has restricted traffic or tourism activities, which constitutes force majeure in contract law, thus affecting the performance of tourism service contracts between consumers (tourists) and tourism operators, and should be handled in accordance with the provisions of contract law and tourism law.
Legal basis: Article 590 of the Civil Code of People's Republic of China (PRC). If the contract cannot be performed due to force majeure, the liability shall be exempted in part or in whole according to the influence of force majeure, unless otherwise stipulated by law. If the contract cannot be performed due to force majeure, the other party shall be informed in time to reduce the possible losses to the other party and provide proof within a reasonable time.
If force majeure occurs after the delay in performance, the parties concerned shall not be exempted from the liability for breach of contract.
Article 67 of the "Tourism Law of the People's Republic of China" shall be handled according to the following circumstances:
(a) the contract can not continue to perform, travel agencies and tourists can terminate the contract. If the contract cannot be fully performed, the travel agency can change the contract within a reasonable range after explaining it to the tourists; If the tourists do not agree to the change, they may terminate the contract.
(2) If the contract is terminated, the package tour agency shall return the balance after deducting the non-refundable fees paid to the land agency or the performance assistance personnel to the tourists; If the contract is changed, the increased expenses shall be borne by the tourists, and the reduced expenses shall be returned to the tourists.
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