Traditional Culture Encyclopedia - Travel guide - Does the visa-free travel agreement have legal effect?

Does the visa-free travel agreement have legal effect?

Legal subjectivity:

It is necessary to understand the meaning of the exemption clause in the travel contract. Exemption clause refers to the clause agreed by both parties to exempt or limit one or both parties' future liabilities. , which has the following characteristics: 1, and an exemption clause. 2. The exemption clause must be made in an express way, and any exemption made by implication is invalid. 3. The exemption clause in the contract is exempt. The purpose of the exemption clause is to exclude or limit the future civil liability of the parties. Of course, this exemption can be partial exemption (restriction) or complete exemption (exclusion). The law takes different attitudes towards the effectiveness of exemption clauses according to different situations. Generally speaking, the exemption clauses determined by the parties through full consultation are legally recognized as long as they are completely based on the voluntary of the parties and do not violate the public interests. However, the exemption clause that seriously violates the principle of good faith and the public interest is prohibited by law, otherwise it will not only cause the abuse of the exemption clause, but also seriously damage the interests of one party and is not conducive to the protection of normal contract transactions. The following two exemption clauses are invalid by law: 1. Clauses that cause personal injury to the other party are invalid. 2. The exemption clause that causes property losses to the other party due to intentional or gross negligence is invalid. According to Article 506 of the Civil Code, the following exemption clauses in the contract are invalid: (1) Causing personal injury to the other party; (2) Causing property losses to the other party due to intentional or gross negligence. Exemption clause refers to the terms agreed by the parties to exempt or limit their future contractual responsibilities. The exemption clause is often written into the contract or standard contract by one party as an express or implied offer, in order to obtain the other party's commitment and make it legally effective. 1. According to the source of the effectiveness of insurance exemption clauses, it can be divided into statutory exemption clauses and agreed exemption clauses. The statutory exemption clause exempts liability according to the direct provisions of the law. The agreed exemption clause means that the parties to an insurance contract agree in the form of exemption clause under what circumstances the insurer is exempted from insurance liability. 2. Some scholars divide insurance exemption clauses into guarantee exemption clauses, proximate exemption clauses, expense exemption clauses and agreed exemption clauses. The protection exemption clause means that as long as the insured's behavior violates the protection clause in the insurance contract, the insurer will not be liable for compensation or payment of insurance money regardless of whether the proximate cause of the accident falls within the scope of insurance liability. The exemption clause of proximate cause means that the insured's behavior conforms to the exclusion scope stipulated in the insurance contract, so that the insurer does not have to bear the responsibility of compensation or payment of insurance money. The fee exemption clause refers to the clause that the insurer clearly stipulates in the insurance contract that part of the expenses borne by the insured will not be compensated after the insurance accident. 3. According to the manifestations of insurance exemption clauses, exemption clauses can be divided into exclusion clauses and deductible clauses, deductible clauses, observation period clauses and other manifestations. Exclusion liability refers to the accident and its loss range for which the insurer is not liable in the insurance contract. Deductible and deductible clauses refer to the losses and expenses that are part of or within the deductible of the insured, and shall be borne by the insured himself. The observation period clause refers to the accident that occurs during the observation period after the contract is established and before the insurance liability takes effect, and the insurer is not responsible for compensation. 4. According to whether the insurer's exemption clause is transferable, the exemption clause can be divided into the exemption clause in the standard contract and the exemption clause in the non-standard contract.