What are the three forms of travel contracts?

What are the three forms of travel contracts? The Contract Law stipulates that the parties to a contract may conclude a contract in written form, oral form and other forms. 1. written form written form refers to the form in which the contents of the contract are expressed in words between the parties. Article 11 of the Contract Law stipulates: "Written form refers to contracts, letters and data messages (including telegrams, telexes, faxes, electronic data interchange and e-mails) and other forms that can tangibly express the content." 2. Oral form The so-called oral form of the contract means that the parties conclude the contract in the form of conversation or oral expression, including face-to-face conversation and telephone contact. V. Other forms V. The so-called other forms refer to the forms of concluding a contract other than written form and oral form. Other forms generally include presumed form and implied form. Presumptive form means that the parties do not directly express their will in written or oral form, but through the implementation of some behavior. Implied form refers to the parties expressing their will in a silent way, that is, approving the contract in a preset way.

The forms of package tour contracts mostly belong to format contracts.

What does a package tour contract include? According to Article 58 of the Tourism Law of the People's Republic of China, a package tour contract shall be in written form, including the following contents:

(a) the basic situation of travel agencies and tourists;

(2) Travel itinerary;

(3) The minimum number of tour groups;

(4) Arrangements and standards for tourism services such as transportation, accommodation and catering;

(five) the specific content and time of sightseeing, entertainment and other projects;

(six) free time schedule;

(seven) travel expenses and payment terms and methods;

(eight) the liability for breach of contract and the way to resolve disputes;

(9) Other matters stipulated by laws and regulations and agreed by both parties.

When concluding a package tour contract, the travel agency shall explain to the tourists in detail the contents contained in items 2 to 8 of the preceding paragraph.

Explain that this article is about the contents and forms of package tour contracts and the obligations of travel agencies when concluding package tour contracts.

In the legislation of different countries, the names of package tour contracts are different. Germany and Japan are called "travel contracts" and "travel contracts"; The European Union calls it a "package tour contract", which is often called in Britain and America.

For "package tour, package tour, package holiday" and so on. Highlight the characteristics of tourism and combine multiple benefits; The Brussels Convention on Packaged Travel Contracts is called "Organizing Packaged Travel Contracts", which is very prominent.

Behavioral characteristics of tourism operators in organizing tourism activities; China's tourism industry is used to calling this kind of contract "package tour contract", emphasizing the characteristics of total payment for tourism. This law adopts this name, and it also emphasizes recruiting.

The characteristics of soliciting, organizing and providing a variety of services and total payment.

Regarding the package tour contract, the following points are worth noting:

(1) Arranging the itinerary is an essential element of the package tour contract. Itinerary arrangement is the fundamental point that package travel contracts are different from entrustment and intermediary contracts. The relevant provisions of the Contract Law can be directly applied to some single or multiple business activities of travel agencies.

(2) Tour operators arrange their trips according to the plans made by tourists. Although it is not an "active, pre-assembled travel service", it should belong to the category of package travel contract.

(3) There is no limit on the travel time in the package tour contract. "One-day tour" usually does not exceed 24 hours, and does not involve the problem of overnight stay. However, it has the characteristics of arranging travel itinerary and providing more than two services, and there is no need for legal norms in practice.

(four) the travel service in the package tour contract can be provided by the travel agency itself or through the performance assistant.

How to terminate a tourism contract before the start of tourism, and which contracts are included in the right to claim a tourism contract, refers to the act of eliminating the responsibility and obligation relationship based on the contract because of the expression of will by one or both parties after the contract is effectively established.

The termination of the contract means that the relationship between responsibility and obligation of the contract is eliminated, and the contractual relationship objectively no longer exists.

According to the definition, they are very similar, that is, their creditor-debtor relationship has the effect of extinction. But there are still differences between the two. The main difference must be:

1, their effects are different.

The termination of the contract can take effect in the past, so that the contractual relationship can be eliminated retroactively, or it can take effect in the future, that is, not retroactively. The dissolution of the contract only makes the contractual relationship disappear, which will take effect later and has no effect of restitution.

2, the scope of application of the two is different.

The termination of a contract is usually regarded as a remedy for breach of contract and a sanction for the breaching party. Therefore, the termination of the contract is generally only applicable to the occasion of breach of contract. Although the termination of the contract is also applicable to the case of one party's breach of contract, it is mainly applicable to the case of non-breach, such as the termination of the contract due to performance, mutual agreement, offset, confusion and other reasons. It can be seen that the contract terminated. The scope of application is wider than the termination of the contract.

What should a package tour contract include? Tourist's name, ID number (owner of tour group), departure time, return time, itinerary name, number of people, tour fee, etc. Anyway, we should seriously discuss the options to be filled in. As a tourist, if you don't fill it out because you are greedy for convenience, once there is a dispute, the travel agency can shirk its responsibility. Detailed travel itinerary should be attached to the contract.

According to Article 58 of the Tourism Law of the People's Republic of China, a package tour contract shall be in written form, including the following contents:

(a) the basic situation of travel agencies and tourists;

(2) Travel itinerary;

(3) The minimum number of tour groups;

(4) Arrangements and standards for tourism services such as transportation, accommodation and catering;

(five) the specific content and time of sightseeing, entertainment and other projects;

(six) free time schedule;

(seven) travel expenses and payment terms and methods;

(eight) the liability for breach of contract and the way to resolve disputes;

(9) Other matters stipulated by laws and regulations and agreed by both parties.

When concluding a package tour contract, the travel agency shall explain to the tourists in detail the contents contained in items 2 to 8 of the preceding paragraph.

Tourist's name, ID number (owner of tour group), departure time, return time, itinerary name, number of people, tour fee, etc. Anyway, we should seriously discuss the options to be filled in. As a tourist, if you don't fill it out because you are greedy for convenience, once there is a dispute, the travel agency can shirk its responsibility.

Including departure time, flight arrival time, hotel accommodation, including brunch and dinner, several meals at one's own expense, scenic spot tickets, which tickets should be taken care of, what brand of bus to take during the trip, how many people to take, and self-funded items should be written out one by one, and cannot be vague. At that time, there will be big greasy nipples and shopping in this area. Because the travel agency's tour fee is low, it will make up the tour fee by shopping. What's more, most of the things bought while traveling are fake and shoddy. If you spend a lot of money but can't buy the real thing, tourists will be fooled. Be sure to read the contents clearly. . . .

The travel contract mentioned here refers to the package travel contract, excluding the free travel contract and agency contract.

Usually, a travel contract should include three parts: written contract text, written travel itinerary and written precautions. As for whether these three parts are integrated or produced separately, it is up to the travel agency to decide, but it must comply with the provisions of Articles 28 and 36 of the Travel Agency Regulations.

First, the text of the travel contract. Travel agencies can formulate travel contract texts according to their own reality, or they can adopt the texts produced by tourism management departments and industrial and commercial management departments. At present, many travel agencies are still using the contract terms before the promulgation of the Regulations, and the lack of contract items is quite serious, which should be highly valued by travel agencies.

Second, about the travel itinerary. Travel itinerary is the core part of travel contract, and it is the concentrated expression of the rights and obligations of both travel agencies and tourists. At present, most of the tourism disputes are concentrated here. The main reason is that the travel agency's agreement on the relevant content is not clear, or there are clauses with unbalanced rights.

Third, about matters needing attention. Doing a good job in matters needing attention mainly reflects that the travel agency has fulfilled the obligation of informing in advance, and it is a legal obligation for the travel agency to fulfill the obligation of informing. The reason for many disputes is that tourists accuse travel agencies of not fulfilling their obligation to inform.

In particular, travel agencies should pay attention to the fact that words, itinerary, precautions and other contents, as an important part of a written travel contract, must be signed by tourists, otherwise it is meaningless, which is equivalent to not signing a written travel contract. When there is a dispute, all the efforts of the travel agency will be wasted.