Traditional Culture Encyclopedia - Travel guide - The Tourism Contract Law stipulates how many days before tourists leave.

The Tourism Contract Law stipulates how many days before tourists leave.

The contract law does not stipulate how many days before departure, depending on whether the two parties have agreed on compensation for breach of contract. If there is no agreement, compensation shall be made according to the actual loss.

Contract law of the people's Republic of China

Article 25 When the acceptance comes into effect, the contract is established.

Article 44 A legally established contract shall come into force upon its establishment. Where laws and administrative regulations stipulate that examination and approval, registration and other procedures shall be handled, such provisions shall prevail.

Article 107 If a party fails to perform its contractual obligations or fails to perform the contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 108 If a party expressly expresses or shows by his own behavior that he will not perform his contractual obligations, the other party may require him to bear the liability for breach of contract before the expiration of the performance period.

Article 114 The parties may agree that one party shall pay a certain amount of liquidated damages to the other party for breach of contract, or may agree on the calculation method of the amount of compensation for losses caused by breach of contract.

If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to reduce them appropriately. If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

In case of force majeure, extended data may be destroyed:

Five days before departure, a 6.5-magnitude earthquake struck Hualien, Taiwan, and Ms. Yi and her mother canceled their trip to Taiwan Province Province. Because the travel agency refused to refund any fees, Ms. Yi sued China Staff International Travel Service (hereinafter referred to as Staff International Travel Service) and demanded a full refund of 23 100 yuan.

On the morning of September 26th, Chaoyang court made a first-instance judgment on this case, and found that Ms. Yi was not at fault in terminating the contract on the grounds of force majeure, and ordered the staff international travel agency to deduct the paid and non-refundable expenses and return the balance 16000 yuan to Ms. Yi.

After trial, the court held that the Hualien earthquake in Taiwan and the possible aftershocks constituted force majeure. Ms. Yi's travel time was within the validity period suggested by the original National Tourism Administration, and the three plaintiffs had the right to terminate the contract.

After the termination of the travel contract, the headquarters of the staff international travel agency shall refund the balance after deducting the paid and non-refundable expenses. Regarding the ticket payment, Ms. Yi had already put forward her intention to leave the group before purchasing the ticket. During the communication and consultation between the two parties, the travel agency still booked the air ticket for Ms. Yi, which expanded the loss to a certain extent and should bear the main responsibility for the loss.

With regard to prepaid land agency fees, the court held that Ms. Yi and others were not at fault in terminating the contract, and the staff international travel agency still sent a delegation even though the number of staff was less than the minimum number, which led to an increase in land agency fees, and the increased fees should not be borne by Ms. Yi and others.

Finally, the first-instance judgment of Chaoyang Court confirmed that the travel contract signed by both parties was terminated on February 8, and the headquarters of Staff International Travel Service was sentenced to refund Ms. Yi's travel expenses 16000 yuan. After the verdict was pronounced in the first instance, Ms. Yi said that she needed to consider whether to appeal, and she was satisfied with the verdict. The agent of Workers' International Travel Service made it clear that he would appeal.

National People's Congress-People's Republic of China (PRC) Contract Law

People's Daily Online-Before departure, earthquake tourists in tourist destinations encountered difficulties in refunding their tickets.