Contract Law Tourism Contract Law

Article 4 of the "Interim Measures for Quality Deposit Compensation for Travel Agencies" stipulates that:

Applicable deposit compensation: the travel agency failed to meet the service quality agreed in the contract due to its own fault.

The premise of margin compensation is that the travel agency is at fault for failing to provide services that meet the agreed quality standards.

Article 8 of the "Trial Standards for Quality Guarantee Compensation for Travel Agencies" stipulates:

< p>If the tour guide changes the activity schedule without authorization, reducing or changing the tour items,

the travel agency shall refund the scenic spot tickets, tour guide service fees and compensate for the same amount of liquidated damages.

Article 1: Travelers’ Rights:

(1) The right to choose travel agencies independently. Travelers have the right to choose international and domestic travel agencies that operate domestic tourism business and accept the travel services provided by them. (2) The right to know the true situation of travel agency services. Tourists have the right to require travel agencies to truthfully provide "Tourist Itinerary" and "Itinerary Instructions", and have the right to require travel agencies to inform them of the true situation of accommodation, catering, transportation, and service standards. (3) The right to require travel agencies to provide agreed services. Tourists have the right to require the travel agency to arrange travel and tours and coordinate related matters in accordance with the contract and the "Travel Itinerary". (4) The right to independent shopping and fair trade. Tourists have the right to ask travel agencies to take groups to legal shopping venues to shop at the original place, and they have the right to refuse shopping arrangements agreed in illegal contracts. (5) The right to independently choose self-funded projects. Tourists have the right to refuse self-funded items recommended by the tour group that are not agreed upon in the contract. (6) Personal dignity and the right to respect national customs and habits. (7) The right to supervise travel agency services. Tourists have the right to criticize, make suggestions, complain and report to relevant departments when travel agencies infringe upon their legitimate expediency.

Article 2: Tourists’ obligations:

(1) Comply with national and local laws and relevant regulations. Tourists are not allowed to engage in illegal activities during travel. (2) Do not infringe on the rights and interests of others. Tourists must not harm the country or society when exercising their rights. Collective interests and the legitimate rights and interests of others (3) Observe public order and respect social ethics. Tourists should respect the personality of travel service personnel, respect each other and assist each other as team members. Respect the local ethnic customs and customs, and strictly prohibit them in the landscape. Carving graffiti on buildings, spitting, littering and other uncivilized behaviors are prohibited. (4) Submit relevant materials truthfully and inform relevant information. Tourists should provide true information on health, identity and other aspects during registration and itinerary, truthfully fill in relevant information and perform legal procedures. (5) Abide by the contract and assist the travel agency in completing travel services. Tourists should ensure that they are physically able to complete travel activities and actively cooperate with the travel agency's service activities. They should not force the travel agency to change the itinerary of the travel group or leave the group without permission due to personal reasons. (6) Strive to master the knowledge required for travel and improve self-protection awareness. Tourists can choose and purchase travel personal accident insurance and other insurances on their own. During travel, they should properly keep their luggage and items, and carry valuables with them or take other protective measures. (7) Any disputes that arise with travel agencies during the tour should be resolved through negotiation based on the principle of equality or through the dispute resolution method agreed in the "Special Terms" after the trip. Tourists are not allowed to refuse to board a plane (car, boat) or use other methods to delay the trip, expand the impact and losses, and force the travel agency to accept the conditions proposed by them on the grounds of service quality and other issues.

Article 3 Rights of travel agencies:

(1) Verify the right of tourists to provide relevant information. (2) The right to collect all travel expenses from tourists in accordance with the contract. (3) The right to choose transportation, hotel and ground pick-up agencies, and arrange travel supporting services in accordance with the contract. (4) Reject the right of tourists to make unreasonable demands that exceed the stipulations in the contract.

Article 4 Obligations of travel agencies:

(1) Present to tourists the "Business License" issued by the industrial and commercial administration department and the "Travel Agency Business License" issued by the tourism administration department Certificate" (2) Insure travel agency liability insurance in accordance with the "Regulations on Current Liability Insurance for Travel Agencies". (3) Provide tourists with the conditions or methods for checking the relevant documents of the National Tourism Administration involved in this contract by notifying the website, unified formulas, etc. (4) Provide tourists with the "Travel Itinerary" and "Itinerary Instructions" before departure, Detailed travel itinerary arrangements. Various service standards. Make truthful statements to tourists about matters such as precautions, and shall not make false or misleading written or oral propaganda, and shall recommend travel personal accident insurance and other insurances to tourists. (5) Provide travel services to tourists in accordance with the contract, and shall not be lower than the standards determined by the "Domestic Tourism Service Quality Requirements for Travel Agencies". (6) The services provided meet the requirements for tourists’ personal and property safety. For tourism service items that may endanger tourists’ personal and property safety, true explanations and clear warnings should be given to tourists, and measures should be taken to prevent harm. (7) Tourists must not be forced to make purchases during the tour, and tourists’ consent must be obtained to arrange self-paid items other than those agreed in the contract. (8) Tourists must be provided with invoices and other consumption vouchers.

Article 5 Travel Expenses:

(1) Travel expenses include the following expenses 1. Fees for applying for documents and procedures. 2. Transportation ticket fees; in the event of fare adjustment, the refund and compensation of ticket fees shall be implemented in accordance with the provisions of Article 63 of the Contract Law. 3. Catering and accommodation fees; including free meals provided on flights and transportation4, excursion fees5, tourism service fees, service fees of ground pick-up agencies and travel agency service personnel. (2) Travel expenses do not include the following expenses: 1. Expenses incurred in the itinerary not agreed upon in the contract; 2. Expenses related to self-paid items; 3. Expenses during free activities; 4. Personal expenses incurred by tourists during the itinerary, including; Non-free food and beverage fees, excess baggage fees, laundry, telephone and telegraph fees, beverage and catering fees during the stay, personal injury and medical expenses, fees and remuneration for retrieving personal lost items, etc.; others not listed in paragraph 5 (1) cost. (3) If there is any other agreement on travel expenses between the two parties, it should be noted in the "Special Terms".

Article 6 Travel Procedures:

Unless otherwise agreed, all travel procedures involved in this contract will be handled by the travel agency. If the two parties agree that the tourist shall handle it by himself, the tourist shall ensure that the self-prepared procedures meet the travel requirements and bear corresponding legal responsibilities.

Article 7 Changes in travel content:

(1) Unexpected circumstances during the itinerary due to force majeure (natural disasters, government actions, etc.) for which the travel agency is not responsible (weather changes, road blockage, train obstruction, etc.) If flight delays, major etiquette events, etc.) result in the inability to continue to perform the contract in accordance with the agreed routes, transportation, food and accommodation arrangements, etc., the travel agency can change the relative content after obtaining the consent of more than two-thirds of the team members, but the team When the members fail to reach a two-thirds majority opinion or cannot seek opinions due to urgent circumstances, the travel agency shall decide that the excess expenses due to changes shall be borne by the tourists, and the saved expenses shall be returned to the tourists. (2) Except for the circumstances specified in the preceding paragraph, travel agencies have no choice but to unilaterally change the travel content.

Article 8 Liability Agreement:

(1) Liability for breach of contract 1. Traveler’s liability for breach of contract (1) If the tourist fails to pay the travel expenses in accordance with the contract, he shall be liable for the delay for each day. The payment fee is 0.3% of the standard payment penalty. (2) The tourist shall be solely responsible for personal and property losses caused by breach of contract, his own fault, behavior during the period of free movement and his own illness. If the travel agency suffers losses as a result, the tourist shall be liable for compensation. (3) If a tourist is detained or held accountable for other legal liability due to violation of national or local laws and regulations, the relevant liability costs shall be borne by the tourist himself; for any losses caused to the travel agency, the tourist shall be liable for compensation. 2. Travel agency liability for breach of contract (1) During the travel agency process and the travel process, the travel agency loses or damages the tourist documents due to failure to properly keep them, and if the procedures and agency procedures are defective due to the fault of the travel agency, the travel agency shall help the tourists Replace the relevant procedures and bear the direct costs of re-registering the procedures and other reasonable expenses that should be paid. If the above behavior affects the travel itinerary, the travel agency shall also compensate the losses to the tourists, including the expenses that must be paid due to the detention. Travel expenses, etc. involved in the part of the contract that continues to be performed. (2) Compensation will be made if the travel services provided by the travel agency do not meet the "Trial Standards for Compensation of Quality Guarantee for Travel Agencies" stipulated in the contract. In addition to meeting the special requirements of tourists, if the standards of catering, accommodation, transportation, etc. actually provided during the travel process are higher than As stipulated in the contract, the corresponding additional expenses will be borne by the travel agency. (3) For personal and property damage caused to tourists due to the fault of the travel agency that is not specified in the "Travel Agency Quality Guarantee Compensation Standards", the insurance company will handle the claims in accordance with the "Regulations on Travel Agency Liability Insurance". (4) If the travel agency entrusted by the travel agency violates the provisions of this contract, it will be deemed as a breach of contract by the travel agency, and the travel agency shall bear the liability for breach of contract to the tourists in accordance with the provisions of this contract. (5) If a travel agency transfers a tourist to another travel agency to form a group without authorization, the tourist has the right to terminate the contract and request the original travel agency to compensate for the losses caused to it. The tourist learns of the unauthorized transfer at the time of departure or after departure. In the case of merging groups, in addition to having the right to require the original travel agency to compensate for losses, the original travel agency also has the right to require the original travel agency to pay liquidated damages based on 5% of the total travel expenses. (2) Remedial liability: After a loss occurs due to a breach of contract by one party, the non-breaching party shall actively take measures to cooperate with the breaching party to prevent the loss from expanding. If no timely measures are taken to cause the loss to expand, the party shall bear the responsibility for the expanded loss and shall not have the right to demand the breaching party. Compensation shall be made, but the reasonable expenses incurred to prevent the loss from expanding shall be borne by the breaching party. (3) Responsibilities for termination before the trip: 1. The tourist’s liability for termination; if the contract is terminated due to the tourist’s reasons, the tourist; (1) The travel agency shall be notified in writing 3 days in advance (not included), and shall be responsible for handling documents, procedures, etc. actual expenses incurred. (2) If the travel agency is notified 3 days in advance, it shall pay liquidated damages based on 10% of the total travel expenses, and bear the actual expenses incurred in handling document procedures, etc. (3) If you fail to gather and set off at the agreed time and place, or fail to join on the way, the contract will be deemed to be terminated, and you shall bear the liability for termination in accordance with the provisions of the preceding paragraph.

2. The travel agency is responsible for terminating the contract; if the contract is terminated due to the travel agency's reasons, the travel agency; (1) shall notify the tourist in writing 3 days in advance (not included), and bear the actual costs of issuing documents, procedures, etc. (2) If the traveler is not notified 3 days in advance, the traveler shall pay liquidated damages of 10% of the total travel expenses, and bear the actual costs of issuing documents, procedures, etc.

3. Full liability for termination of the contract; due to social unrest, terrorist activities, major infectious epidemics, natural disasters and other situations that may seriously endanger the personal safety of tourists in the urban attractions involved in the travel route, if both parties fail to reach a change agreement, both parties will The contract can be terminated before departure, and the travel expenses will be returned to the tourist after deducting the actual expenses incurred. The terminating party does not need to bear other responsibilities for termination, but must notify the other party in writing. 4. If the time and method of notification are otherwise agreed upon by both parties, they shall be It shall be noted in the Terms. (4) Responsibility for termination during the itinerary. 1. If the tourist unilaterally requests to terminate the contract and voluntarily abandons a certain travel item during the itinerary, the travel agency has the right not to refund the corresponding travel expenses. The tourist fails to comply with the requirements The contract stipulates that timely participation in the travel project and failure to catch transportation in time will be deemed as voluntary abandonment. If both parties have other agreements, such agreement shall prevail. 2. Except for the fundamental interests of the travel group, the travel agency shall not unilaterally terminate the contract during the itinerary, otherwise shall bear the actual losses caused to tourists. (5) Exemption clause: 1. If either party is unable to perform the contract due to force majeure, it may be partially or fully exempted from liability based on the force majeure effect, but the other party shall be notified in a timely manner And provide relevant proof within a reasonable period. 2. The other party causes damage to the personal and property rights of tourists due to delays and cancellations of public transportation such as trains and flights, as well as third-party infringement and other reasons that cannot be attributed to the travel agency. The travel agency does not assume responsibility and should actively assist in resolving disputes between tourists and the responsible party.