Traditional Culture Encyclopedia - Travel guide - Do travel agencies have to sign e-tourism contracts with tourists? Please list the corresponding legal basis.
Do travel agencies have to sign e-tourism contracts with tourists? Please list the corresponding legal basis.
1. Do travel companies have to sign travel contracts with tourists?
A: Yes! A written travel contract must be signed!
Article 57 of the Tourism Law: "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."
According to the above legal basis, travel agencies should not only sign travel contracts with tourists, but also use written forms.
Although the Civil Code stipulates that contracts can be signed orally or in writing, the Tourism Law is a special law. If it does not meet the requirements, the tourism administrative law enforcement department will follow the provisions of Article 55 of the Travel Agency Regulations: "In any of the following circumstances, the tourism administrative department shall order it to make corrections and impose a fine of more than 20,000 yuan and less than 100,000 yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification for one month to three months: (1) failing to sign a travel contract with tourists; (two) the travel contract signed with tourists does not indicate the matters required by Article 28 of these regulations.
The punishment here includes two aspects. First, you will be punished if you don't sign, and you will be punished if you don't sign according to the regulations, so you should pay special attention.
2. Can travel contracts be signed in the form of electronic travel contracts?
A: Yes! People's Republic of China (PRC)'s Ministry of Culture and Tourism suggested signing an e-tourism contract.
First, let's look at Article 469 of the Civil Code. "The parties may conclude a contract in writing, orally or in other forms. Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained. A data message that can be tangibly expressed by means of electronic data interchange and e-mail. , and can be retrieved at any time, which is regarded as a written form. "
Secondly, let's take a look at the requirement of Article 4 of the Electronic Signature Law that "a data message can be tangibly expressed and can be retrieved at any time, and it is regarded as a written form that meets the requirements of laws and regulations". Article 3 stipulates that "the following four documents are not applicable to electronic contracts: those involving personal relationships such as marriage, adoption and inheritance; Involving the transfer of rights and interests of real estate such as land and houses; Involving stopping water supply, heating, gas supply, power supply and other public utilities services; Other circumstances in which electronic documents are not applicable as stipulated by laws and administrative regulations. "
Therefore, as long as the above provisions are met, the national cultural tourism department is also vigorously promoting the use of e-tourism contracts. Electronic travel contracts can not only help travel agencies save costs, but also help to standardize the signing of travel contracts and safeguard the legitimate rights and interests of all parties.
However, it should be noted that e-tourism contracts must comply with the provisions of the Electronic Signature Law, such as being non-modifiable, tamper-proof and intact. If only part of the text is sent by WeChat or SMS, it does not conform to the form of e-tourism contract.
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