140313_travel contract

Contract No.: XXXXXXXOutbound Travel Contractof Shanghai City(Version 2013)Party A (individual or tourist group):Party B (travel agency):Operation license No.:Operation scope: Inbound travel, outbound travel, domestic travel, plane ticket agentIn accordance with Contract Law of the People's Republic of China, Tourism Law ofthe People's Republic of China, Travel Agency Regulations and other relevant laws and regulations, both parties signed this agreement on the basis of equality, voluntariness and consensus reached after consultation.Article One Subject matterTravel product nameGroup No.Grouping method (one of the following three)□√Self-grouping□ Commissioned grouping (full name of the commissioned agency)□Pooled grouping （full name of other agency）Date of departure , Place of departureVia (scheduled stop place)DestinationEnd date , Returning toArticle Two Trip and standard (Party B shall provide travel itinerary, includingthe following elements)Name of scenic spot and tour timeRound-trip transportation flight, Standard economy classSightseeing transportation bus, Standard 31-40 seatsFree hours of traveler╱, Number of times╱Accommodation arrangement (name) standard and number of daysNumber of meals , Standard Name of local travel agencyAddress: ,Contact of local travel agency , TelephoneArticle Three Traveler's insuranceParty B shall remind Party A to purchase travel accident insurance. As recommended by Party B, Party A agrees (to be filled with "agrees" or "disagrees", and filling by ticking is void) to entrust Party B for handling travel accident insurance for individuals.Name of insurance company and insurance product Insurance amount , Premium .Article Four Travel expenses and its paymentParty A shall pay the travel expenses of RMB .(including service fee for the group leader and guide RMB /person, totaling RMB )Deadline for payment of travel expensesPayment method □Cash □Check □Credit card；□ OtherArticle Five Rights and obligations5.1 Rights and obligations of Party A5.1.1 Party A shall voluntarily comply with rules of tourism etiquette, respect the local custom, cultural tradition and religious taboos of the travel destination, care for travel resources, and protect ecologic environment. Party A shall, in the travel activities, observe Tourism Etiquette Rules for Chinese Citizens Traveling Abroad and regulations of safety warnings, comply with disciplines of the group, and coordinate with Party B for completing the travel itinerary agreed in the contract.5.1.2 Party A has the right to be informed of the authentic information of travel products and services he/she purchased, to require Party B to provide products and services according to the agreement, to decline Party B's appointment of shopping places or arrangement of travel items to be further paid when no consensus is reached.5.1.3 Where no prior consensus is reached through consultation, Party A has the right to decline Party B's transfer or pooling of the tour group.5.1.4 Party A shall, during the term of travel, take care of personal valuables on his/she own accord.5.1.5 Party A shall, in free hours during the travel, keep his/her activities withinhis/her capability to control the risk, select activities whose risk is under his/her control, and be responsible for his/her own safety.5.1.6 For disputes arising in the process of travel, Party A shall solve the disputes by equal negotiations with Party B, and shall not damage the legal rights and interests of Party B, delay the trip by refusing to get on or get off the vehicle, vessel or liner, etc., or drop out of the group, otherwise he/she shall be held responsible for compensation of the expanded loss of the current day.5.1.7 Party A shall, upon signing the contract or filling various materials, use effective ID card, and be responsible for the authenticity and effectiveness of the information so filled. Individuals with limited civil capacity who travel alone shall hold written consent of the guardian.5.1.8 Party A shall, upon purchasing travel products and receiving travel services, provide authentic personal health information relating to the travel activities, participate only those activities that fit his/her own conditions, observe the requirements of safety warnings in travel activities, and coordinate with safety protection and emergency measures taken by relevant departments, institutions or Party B.5.1.9 Entry/exit documents provided by Party A to Party B shall conform to relevant regulations. Party A shall not stay outside the borders illegally, and shall not separate or drop out of the group without authorization.5.1.10 Where Party A cannot make the trip, he/she may have a third party qualified for this travel perform this contract on his/her behalf, and shall inform Party B of the same in a timely manner. Increase or decrease of expenses for such performance of contract on Party A's behalf, both parties shall make settlement according to the actual situation.5.2 Rights and obligations of Party B5.2.1 Party B shall not organize travel activities at unreasonably low prices, inveigle the traveler, or earn such illegitimate interests as rebate, etc. by arranging shopping or travel items to be further paid.5.2.2 The travel itinerary provided by Party B shall be consistent with the group number herein, and form a part of this contract after signed or sealed by both parties. 5.2.3 Party B shall, before departure, provide authentic information relating to travel service items and standards in the form of information meeting, etc., remind Party A to observe rules of tourism etiquette and to respect the local custom, cultural tradition and religious taboos of the destination. Party B shall, upon conclusion and performance of the contract, make faithful descriptions and clear warnings of conditions where the physical and property safety of Party A may be endangered, and shall take appropriate measures to prevent the danger from happening (a SafetyInformation may be further annexed hereto to be confirmed by Party A).5.2.4 Party B shall keep properly various documents provided by Party A and keep Party A's information confidential in accordance with the law.5.2.5 Where the total price of the contract is changed as a result of policy-related price adjustment of charges for transportation by air, sea, rail, etc., settlement shall be made by both parties according to the actual situation.5.2.6 Party B shall arrange a group leader satisfying relevant laws and regulations for Party A.5.2.7 Where Party A has any of the following circumstances, Party B may cancel this contract:(1) Suffering of any infectious disease, etc. which may endanger the health and safety of other travelers;(2) Carrying items endangering public safety and refusing to hand the items to relevant departments for disposal;(3) Engaging in activities violating the laws or breaching social morality;(4) Engaging in activities seriously affecting the rights and interests of the other travelers and refusing to yield to persuasion or to be stopped;(5) Other circumstances regulated by law. Where the contract is canceled in accordance with the last clause, Party B shall refund the balance after deduction of necessary expenses under Article Six to Party A; for any loss caused to Party B, Party A shall be held responsible for compensation therefor according to the law.5.2.8 Agreement on number of group member or non-grouping (select one of the following two)□Minimum number of group member s 12 persons; grouping shall not be made when such limit is not satisfied, and Party B shall inform Party A thereof 30 days in advance, this contract shall be canceled and all charges collected by Party B shall be refunded to Party A.□ The grouping of this group is not subject to minimum number of members.Article Six Party A's cancellation of contract and assumption of necessary fees If this contract is canceled for a reason on Party A's part, Party B shall refund to Party A the balance after reduction of the following necessary charges in accordance with the relevant standard (select one of the following two)□ 6.1 Both parties shall enter into an agreement that prevails:6.1.1 Where the contract is canceled before the travel, the standard rate of necessary reduction of charges is as follows:(1) to days before the travel, % of the travel expenses;(2) to days before the travel, % of the travel expenses;(3) to days before the travel, % of the travel expenses;(4) to days before the travel, % of the travel expenses;(5) On the date of departure, % of the travel expenses.Where Party A's payment for travel expenses is overdue for more than days, or Party A fails to arrive at the agreed place for assembly before departure at the agreed time, nor does he join the group in the midway, Party B may deem the contract as canceled by Party A and may refund the balance to Party A after reduction of necessary fees according to this clause.6.1.2 Where the contract is canceled during the travel, the standard rate of necessary reduction of charges is as follows:Travel expenses-（）-（）-（）-（）□√ 6.2 Where no agreement is entered into between both parties, necessary fees shall be deducted according to the following standard:6.2.1 Where the contract is canceled before the travel, after settlement of charges for plane/vehicle/vessel tickets is made according to the practical fees, the standard rate of necessary reduction of charges is as follows:(1) 30 to 15 days before travel, 5% of the travel expenses;(2) 14 to 7 days before travel, 10% of the travel expenses;(3) 6 to 4 days before travel, 15% of the travel expenses;(4) 3 to 1 days before travel, 25% of the travel expenses;(5) On the date of departure, 30 % of the travel expenses.Where Party A's payment for travel expenses is overdue for more than 7 days, or Party A fails to arrive at the agreed place for assembly before departure at the agreed time, nor does he join the group in the midway, Party B may deem the contract as canceled by Party A and may refund the balance to Party A after reduction of necessary fees according to this clause.6.2.2 Where the contract is canceled during the travel, the standard rate of necessary reduction of charges is as follows:(Travel expenses-travel expenses ×deduction rate for the date of departure) ÷number of days of travel × number of days traveled + travel expenses × deduction rate for the date of departure.If such necessary fees as paid according to the above two ways are lower than the practical fees, deduction shall be made according to such practical fees, providing that the maximum amount shall not exceed the total amount of travel expenses.Where the contract is canceled before the travel, Party B shall, after deduction of necessary fees, return to Party A the balance within 30 working days after cancellation thereof;Where the contract is canceled during the travel, Party B shall, after deduction of necessary fees, refund to Party A the balance within 30 working days after assisting Party in returning to the place of departure or other reasonable place specified by Party A.Article Seven Liability for breach of contract7.1 Where Party B cancels the contract within 30 days before the commencement of the travel (not including the 30th day, same below), all travel expenses shall be refunded to Party A (without deducting fees for visa/endorsement, etc.), and a penalty shall be paid to Party A according to the standard as follows (select one of the following two)□7.1.1 Both parties shall enter into an agreement that prevails.(1) to days before the travel, % of the total travel expenses;(2) to days before the travel, % of the total travel expenses;(3) to days before the travel, % of the total travel expenses;(4) to days before the travel, % of the total travel expenses;(5) On the date of departure, % of the total travel expenses.□√7.1.2 Where no agreement is entered into between both parties, the liability for breach of the contract shall be undertaken according to the following standard:(1) 30 to 15 days before travel, paying 2% of the travel expenses as penalty;(2) 14 to 7 days before travel, paying 5% of the travel expenses as penalty;(3) 6 to 4 days before travel, paying 10% of the travel expenses as penalty;(4) 3 to 1 days before travel, paying 15% of the total travel expenses as penalty;(5) On the date of departure, paying 20% of the total travel expenses as penalty.If the above penalty is not sufficient to compensate the actual loss of Party A, PartyB shall compensate Party A for the actual loss so caused. Party B shall, within15 working days after arrival of notice of such cancellation, refund the total travel expenses to Party A and pay the penalty thereto.7.2 Where Party A's payment of travel expenses is overdue, Party A shall pay to PartyB a penalty amounting to 0.2 % of such overdue payment for each delayed day.7.3 Any losses caused by inauthenticity of personal information and relevant materials provided by Party A shall be borne by Party A; Party A shall compensate Party B for any losses caused thereby.7.4 For any loss caused to Party B as a result of Party A's non-obedience of advice and prompts which has affected the itinerary of the group, Party A shall make corresponding compensation to Party B.7.5 Where Party B fails to provide such services as transportation, accommodation, catering, etc. as agreed in the contract or where Party B adjusts the travel itinerary without the consent of Party A, the liability for compensation of losses so caused to Party A shall be undertaken by Party B.7.6 Where, before the travel (not including the date of departure) Party A has known the fact that Party B has transferred Party A to other groups or pooled Party A withothers without consent of Party A, Party A shall have the right to cancel the contract, party B shall fully refund the travel expenses paid thereby, and pay a penalty amounting to 15% of the travel expenses; where Party A has known such fact on or after the date of departure, Party B shall pay a penalty amounting to 25% of the travel expenses. If the above penalty is not sufficient to compensate the actual loss of Party A, Party B shall compensate Party A for the actual loss so caused.7.7 Where Party B, without consensus reached with Party A or request from Party A, appoints specific shopping place or arrange travel items to be further paid, Party A shall, within 30 days after completion of the travel itinerary, have the right to require Party B to handle return of products so purchased and to prepay the refund, or request Party B to refund the costs of such further paid travel items.7.8 Where Party B, despite the request of Party A, refuses to perform the contract that he is capable to perform and has therefore caused such serious consequences as bodily damage, stranding, etc. to Party A, Party A may, in addition to requiring Party B to undertake the corresponding liability of compensation, require Party to pay a penalty amounting to one time(within one to three times) of the travel expenses.7.9 Other liabilities for breach of the contract: Party B undertakes that in the process of the tour, if Party A requires any medical treatment, Party B will give the best coordination and send relevant personnel to a hospital immediately. If Party A requires the assistance of local police, Party B shall give the best coordination and call the police immediately, with the exception of force majeure (e.g. a natural disaster, a war, etc.)Article Eight Resolution of disputesAny disputes arising between both parties may be solved through consultation, or be referred to a supervision agency of tourism quality for meditation within 90 days after termination of the travel contract, or be filed to relevant departments or agencies such as the consumers' association, etc. for meditation, or be submitted to Shanghai Arbitration Commission for arbitration (if litigation in the court is preferred over arbitration, both parties shall strike this arbitration clause off upon signing the contract).Article Nine Supplementary articleThis contract shall become effective upon being signed or sealed by both parties. Itinerary Sheet, Safety Information and Supplemental Clauses attached hereto shall constitute the annexes of this contract and shall have the same legal effect.Signature of Party A (seal): Signature of Party B (seal): Domicile: Office address: Party A's representative: Party B's representative (responsible person): Tel.: Tel.: Post code: Post code: Date: Date:。