Traditional Culture Encyclopedia - Travel guide - Only the travel deposit, is the travel contract established?

Only the travel deposit, is the travel contract established?

Legal analysis: after paying the travel deposit, tourists can be regarded as fulfilling their contractual obligations. Although no written contract was signed, the contract was established. Signing a written travel contract is not to meet the requirements of the tourism authorities, but to protect the legitimate rights and interests of both travel agencies and tourists. Both external and internal requirements of travel agency services point out that travel agency services should be in the form of written travel contracts.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 490 Where the parties conclude a contract in the form of a contract, the contract is formed when the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.

A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.

Article 586 The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is established when the deposit is actually paid.

The amount of the deposit shall be agreed by the parties; However, it shall not exceed 20% of the subject matter of the main contract, and the excess shall not have the effect of deposit. If the actual amount of deposit paid is more than or less than the agreed amount, it shall be deemed as a change of the agreed amount of deposit.