Traditional Culture Encyclopedia - Travel guide - How does Party B sign a travel contract?
How does Party B sign a travel contract?
Travel contracts are equal to travel agencies and tourists. Travel agencies provide reciprocal services according to travel contracts, while tourists enjoy reciprocal services according to travel contracts and have the responsibility to fulfill certain obligations. We will provide tourists with a national model travel contract, so that you can rest assured when signing a contract with a travel agency. Tourism contract is an important basis for relevant departments to accept complaints and judicial departments to try cases, and it is also an important means to protect the legitimate rights and interests of tourists and tour operators. Therefore, tourists should sign a written travel contract with tour operators (usually travel agencies) before traveling. When signing a travel contract, you should pay attention to the following matters: 1. Determine the legality of the parties' actions. Before signing the contract formally, you should check the other party's license and business license to determine the legality of the other party's behavior. Second, pay attention to the details in the contract. According to the Regulations on the Administration of Travel Agencies, the contract signed by travel agencies and tourists should clearly stipulate the following contents, and the basic contents such as travel itinerary, travel price and liability for breach of contract should be clearly defined in the travel contract. Travel itinerary: including transportation, scenic spots, accommodation standards, catering standards, entertainment standards, shopping times and other arrangements. Vehicles, especially buses, should describe their source, brand, model, air conditioning and number of seats. As for tourist attractions, it is necessary to make clear the scenic spots included in the itinerary and the starting and ending time of the tour. Attention should be paid to the understanding of the word "standard room" in accommodation standards, and the word "standard room" has a specific meaning only in star-rated hotels. When staying in hotels and guest houses, it is necessary to make clear the number of beds in the room, whether there is a bathroom, whether there is a TV set, whether there is a telephone and other facilities. If you shop, you should specify the number of times you shop, the name of the shopping spot and the length of time you stay at each shopping spot. As far as the price of tourism is concerned, we should make it clear in detail as far as possible that the transportation expenses, accommodation expenses at various accommodation points, entrance fees for scenic spots, tour guide fees and so on. It should be noted that the following items are paid by tourists at their own expense, excluding travel expenses: items not specified in the itinerary: such as sightseeing items or programs (including park tickets) arranged for tourists to participate freely outside the fixed itinerary or added by tourists themselves. Dining on a train or ship during the trip. Local airport management construction fees and aviation personal insurance premiums. Personal expenses of tourists, such as baggage consignment, drinks and wine, laundry, telephone, telegram, fax, private transportation, shopping activities outside the trip, personal injury and medical expenses, tips for providing personal services, etc. Transportation expenses and related expenses not included in the trip. Liability for breach of contract should include dispute handling methods, complaint acceptance agencies, etc. Three. Don't terminate the contract relationship without reasonable reason. According to the Contract Law of People's Republic of China (PRC), if either party breaches the contract, it shall bear the losses caused to the other party. Therefore, tourists must establish a concept that once a contract is signed, they not only have rights and interests, but also have corresponding obligations to perform the contract. Otherwise, you may not only play badly, but also lose money.
Legal subjectivity:
1, some special elements of the contract. For example, if you want to charge a tour guide tip for outbound travel, you must agree on the charging standard in the contract in advance; If the regulations stipulate that outbound tourists must send a team leader, there must be relevant agreements in the contract; Most travel agencies usually entrust overseas travel and outbound travel to local agencies, and travel agencies are obliged to inform tourists of the name and contact information of local agencies in the contract. 2. Pay attention to whether there is a "overlord clause" recognized by the industrial and commercial department in the contract. For example: "If there are not enough people, our club can't form a group independently, we will notify five days in advance and refund the tour fee in full without compensation;" Or our agency has the right to join other travel agencies to travel in the same group without prior notice. "If so, you can negotiate with the travel agency. If not, you can choose another travel agency to join the tour. 3. As an annex to the contract, travel itinerary is also an important part of the contract. Pay attention to whether the relevant terms in the itinerary conflict with the terms of the contract. Pay attention to the contract signing of online payment group purchase. If a legitimate travel agency participates in tourism through e-commerce, it must sign a travel contract with the participating travel agency. If a website that does not have the qualification of a travel agency collects fees through group purchase and is operated by a travel agency, it is necessary to sign a travel contract with the travel agency before joining a tour group to avoid the responsibility of the travel agency when there are many tour groups. 4. Make good use of the right to negotiate. For other contents agreed by both parties, the travel agency should leave the position of "special agreed terms" in the contract provided by both parties for negotiation. If tourists think that some contents printed and formulated in the contract are unreasonable, they must raise objections and make amendments through full consultation. Or there are old people and children in need of care, members of ethnic minorities in Muslim food, and so on. Among tourists, some special agreements need to be added. If the travel agency refuses to yield to the obviously unfair contract, tourists have the right to choose not to join this travel agency group. 5. Pay attention to the business qualification and business scope of the travel agency. For example, outbound tourism must be organized by qualified travel agencies, and tourism in Taiwan Province Province must be organized by qualified travel agencies in Taiwan Province Province, otherwise there will be risks. 6. Legislative tips. From June 5438 to last year 10, after the implementation of the tourism law, the old version of the tourism contract generally needed to be revised. At present, the new version of the travel contract should add items that need to be clarified, including tour guide service fee, minimum tour fee, relevant explanations, precautions, warnings and tips (such as tips for tourists to buy travel insurance, tips for tourists to pay attention to civilized travel, and tips on safety matters). 7. The contract must make it clear that the travel agency should choose qualified suppliers and must make it clear that it cannot attract tourists at unreasonable low prices. 8. The contract must be clear, before the start of the tour, the travel agency shall not refuse the tourists to transfer the rights and obligations of the contract to a third party without justifiable reasons. 9. The contract must specify that the travel agency has the conditions to perform. If the travel agency refuses to perform the contract after being requested by the tourists, causing serious consequences such as personal injury and detention of the tourists, the travel agency shall pay compensation of more than one time and less than three times the travel expenses.
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