1. Legal characteristics of travel contract
The legal characteristics of travel contract are as follows:
1. The subject of travel contract is specific, that is, travel agency. Travel agency has its specific meaning and scope, and it should be an enterprise legal person registered with approval to specialize in tourism service industry.
2. The content of a travel contract is to regulate the travel agency's provision of travel services and travel relations to tourists, which involves a wide range and complicated objects.
3. The travel contract is a two-service, paid and non-performing contract.
4. Travel contracts are mostly standard contracts.
second, is the travel contract a famous contract?
the travel contract is not a famous contract. A well-known contract refers to a contract with a certain name according to its type in law or economic life habits, also known as a typical contract.
according to the provisions of the civil code, famous contracts include: sales contract, electricity supply contract, water supply contract, gas supply contract, heating contract, gift contract, loan contract, lease contract, financing lease contract, contracting contract, construction contract, transportation contract, technology contract, storage contract, warehousing contract, entrustment contract, brokerage contract and intermediary contract.
according to the provisions of the tourism law, a travel service contract is a contract in which a travel agency provides travel services and tourists pay the travel expenses. "Tourism service" here refers to arranging trips and providing transportation, catering, accommodation, tour guides and other related services.
III. How to go about the travel contract litigation process
The travel contract litigation process can go like this:
The litigants prepare the civil complaint, and submit the copy of the other party's ID card (business license for enterprises), the evidence list and evidence materials (that is, the evidence of the other party's arrears) to the people's court. After receiving the prosecution materials, the people's court will decide whether to accept or file a case within seven days. If it is not accepted, a ruling will be made; If you are dissatisfied with the ruling, you can appeal. After accepting the case, a trial will be arranged. If ordinary procedures are applied, the people's court will conclude the case within six months from the date of filing the case. If there are special circumstances, it may be extended upon approval, and a notice of postponement will be issued.
legal basis
article 4 of the tourism law should follow the principle of unity of social, economic and ecological benefits. The state encourages all kinds of market players to make rational use of tourism resources according to law on the premise of effectively protecting tourism resources. The tourist sites built with public resources should reflect the nature of public welfare.
article 5 the state advocates a healthy, civilized and environmentally-friendly tourism mode, supports and encourages various social institutions to carry out tourism public welfare propaganda, and rewards units and individuals that have made outstanding contributions to promoting the development of tourism.
article 6 the state establishes and improves the standards of tourism services and market rules, and prohibits industry monopoly and regional monopoly. Tourism operators should operate in good faith, compete fairly, assume social responsibilities, and provide tourists with safe, healthy, hygienic and convenient tourism services.
article 7 the State Council shall establish and improve a comprehensive tourism coordination mechanism to comprehensively coordinate the development of tourism. The local people's governments at or above the county level shall strengthen the organization and leadership of tourism work, clarify the relevant departments or institutions, and make overall coordination on the development, supervision and management of tourism in their respective administrative areas.