To make it easier and to learn more about the history, culture, and beautiful sights of tourist destinations, choosing a travel service provider is essential. We will sign the contract and enjoy the ride together. What is a travel service contract?
1. What is a travel service contract?
According to the provisions of the current Law on Tourism 2017, the concept of travel services is recognized as follows:
Article 39. Travel contracts
1. Travel contract is an agreement on implementation of a tour program between a travel service business enterprise and an enterprise, a tourist or a tourist’s representative.
2. Travel contracts must be made in writing.
3. A travel contract must contain the following contents:
a) Clearly describe the quantity, quality, service price, time and method of service provision in the tour program;
b) Contract value and payment method;
c) Provisions to exclude liability in case of force majeure;
d) Financial conditions and responsibilities related to the change, addition or cancellation of the contract;
d) Terms of insurance for tourists.
Understandable: A tourism contract is established between a tour operator and a tourist in need, this contract is made in writing and the content is clearly specified in the quantity, quality, and time. service provision in the tour program; and mandatory terms on Contract value and payment method, Exclusion of liability in case of force majeure;, Conditions and financial liability related to change, addition, cancellation Contracts, Terms of Insurance for Travelers, to serve the travel needs of selected travel businesses
A tour service contract is a travel service contract, the other point here is that the object of this contract is a tourist destination arranged and planned by the travel service party in terms of time and place. In advance, the tourist will follow the direction of the travel service provider and pay the package cost for the trip
2. Conditions for a company to operate tourism services:
Pursuant to Article 31 of the 2017 Tourism Law, conditions for travel service business are as follows:
1. Article travel business eventheyLocal includes:
a) Being an enterprise established in accordance with the law on enterprises;
b) Depositing domestic travel service business at a bank;
c) The person in charge of the travel service business must have an intermediate or higher degree in tourism; If you graduate from an intermediate or higher degree in another major, you must have a certificate of domestic tourism operations.
2. Article travel business eventokaysnails include:
a) Being an enterprise established in accordance with the law on enterprises;
b) Depositing international travel service business at a bank;
c) The person in charge of the travel service business must have a college degree or higher in tourism; If you graduate from a college or higher in another major, you must have an international tourism management certificate.
3. Enterprises that satisfy the business conditions specified in Clause 1 of this Article shall be granted a license to provide domestic travel services; meeting the business conditions specified in Clause 2 of this Article shall be granted an international travel service business license.
Fees for assessment and issuance of international travel service business licenses and domestic travel service business licenses shall comply with the law on fees and charges.
4. The Government shall detail the deposit for travel service business specified at Point b, Clause 1 and Point b, Clause 2 of this Article.
5. The Minister of Culture, Sports and Tourism shall detail the person in charge of the travel service business; content of training and retraining, organizing examinations, granting certificates of domestic tourism operations and international tourism operations.
3. Travel contract, tour service contract for what?
Currently, the higher the standard of living, the higher the demand for going out and traveling, so it requires the quality of service and the way of operation to be professional and secure. Travel agencies abound in major cities and organize tours for visitors. Travel service contract is signed and acts as a bridge for tourists and service companies
Travel contract, tour travel service is a legal document that records the rights and obligations of the parties, records the parties’ agreements on prices, payment methods, trip details and terms. is different. The contract is the legal basis for disputes arising in the process of using tourism services, and is evidence to be submitted to the Court if the parties choose to take legal action to resolve the issue.
4. Latest travel contract form:
CONTRACT OF HOLIDAY SERVICES
( ORGANIZATION OF HOME – FOREIGN TOURISM VISIT PROGRAM )
– Pursuant to the Commercial Law passed by the 11th National Assembly of the Socialist Republic of Vietnam at its seventh session on June 14, 2005.
– Pursuant to the Civil Code passed by the 13th National Assembly of the Socialist Republic of Vietnam on November 24, 2015.
– Based on the needs and capabilities of the parties.
Today, day…. month …… year .., at the office of the Company…..
We include:
Party A: (TOURISTS) …..
Address:…
Representative:…. – Position:…
Telephone: Fax:…..
Tax code:….
Account:…. – In:….
PARTY B: LOOKING COMPANY …..
Address:…
Legal representative of the company:…. – Position:….
Telephone: Fax:….
Business license number:….– Place of issue:…
Account:… At the bank…
The two sides agree to sign a number of terms of service for tourists as follows:
Article 1: Sightseeing tour program:
Party B organizes a sightseeing program for Party A according to Appendix 1:
(More detailed program is available and is an integral part of the contract)
- Vehicles: New fully-equipped Type XXX cars with modern air-conditioners, televisions, reclining seats…, Driver enthusiastic, fun, thoughtful and safe
- Main meal rate: …………..d/meal According to the program + Breakfast …………/meal supported by the company (if any)
- Standard 3-star room, Stay from 2-4 people/room
- Tour guide: Professional, enthusiastic, proficient, attentive service throughout the route
- Sightseeing tickets: Guests can buy entrance tickets to the sights included in the tour
- Boat tours according to the program
- Travel insurance according to regulations of Vietnam National Administration of Tourism
- Drinking water in the car, anti-sickness medicine…
Article 2: Number of guests
– Minimum number: …… people. (Includes: ……adults, ……..children)
If Party A reduces the minimum number of guests as stated in the signed contract…. Party A shall bear 50% of the unit price per customer, reduced according to the contract. The increased number of guests is calculated according to the unit price on the contract.
Article 3: Time to perform the work
1. Time to perform work from: …. day … night, from day … to day….
2. Pick up point: 01 point
Specifically at:…
Welcoming guests: At…. day …. May ….
3. Contact team leader:…. phone number :…..
To ensure your property and safety, the company’s driver will be responsible for dropping off the passenger at the point where the car initially picked up the passenger.
Article 4: Contract value
Price for 01 guest: … VND (in words: …) . Total number of guests under contract: ….. people
Total contract value: (including 10% VAT): …
(Text: …..)
Travel insurance: Maximum compensation ….VND/person/case.
Article 5: Payment method
Party A advances to Party B an amount equal to …… total contract value:
First time: Party A Advances to Party B Amount: ……VND
(Text:…..)
Second time: Party A advances to Party B Amount: …..VND
(Text:…..)
Remaining: ….. VND
(Text:….)
Payments:
Payment will be made after the delegation completes the contract 07 days, together with the liquidation of the contract.
– Transfer to the company’s account number: …… At the bank…. branch…
– After Party B completes the contract. Party A is responsible for fully paying the remaining amount according to the actual amount to Party B.
Article 6: Conditions of contract cancellation penalty
1. The two parties commit to perform the contract, if either party changes or cancels, it must notify the other party 10 days before departure.
2. In case of cancellation notice 8 to 10 days before departure, the party that cancels must pay a fine of 30% of the total contract value; If you cancel 5 to 7 days in advance, you will be subject to a penalty of 50% of the total contract value; Cancellation 2 to 4 days in advance will be subject to a penalty of 70% of the total contract value; Cancellation within 24 hours before departure time will be subject to a penalty of 100% of the total contract value. Any changes or cancellations must be notified in writing and approved by the other party.
3. In case the contract cannot be performed due to some force majeure reason (flood, flood, fire, natural disaster, war, etc.), the parties shall jointly discuss and resolve in the spirit of equality between both sides.
Article 7: Responsibilities of the Parties
1. Party A is responsible for detailing and confirming the number of guests together with a list of excerpts, location, time, and related information of the delegation 03 days before departure to Party B. Party B has responsible for transporting and serving the delegation of Party A exactly as in the detailed schedule of the appendix attached to the contract, ensuring the quality of service according to the contract.
2. Party A fully and timely pays Party B the total contract value according to the method mentioned above. If there is an expense for the job or request of Party A, Party A must pay that additional cost to Party B.
3. In the course of contract performance, all disputes arising will be discussed and resolved by both parties together in the spirit of equality and mutual benefit.
4. The attached contract appendices have the same legal validity as this contract.
The two parties commit to strictly comply with the terms of the contract, whoever performs wrongly, causing damage in time and material to the other party, shall be responsible for indemnifying that part of the damage to the other party in accordance with the previous provisions. law.
This contract consists of 03 pages and is made in 02 copies, each party keeps 01 copy with the same legal validity and takes effect from the date of signing.
REPRESENTATIVE OF PARTY A REPRESENTATIVE OF THE PARTY
5. Notes when writing and signing a travel service contract:
The personal information of the parties is mandatory. The complete and accurate recording of the information of the parties in the travel service contract is the basis for resolving legal issues arising later.
Read carefully the information, the legitimacy before choosing a travel agency to organize the trip for you, your family, the company is guaranteed safety, quality, avoiding fraud
Specify the parties’ information, addresses and contact methods
Negotiate and specify the service amount, payment method, payment method along with cases where the travel service user can unilaterally terminate the contract to protect its own interests.
Clearly define responsibilities between the parties
6. Sample contract liquidation minutes:
In fact, a lot of force majeure cases require liquidation of travel contracts for personal reasons
LIQUIDATION RECORDS
Number: …./…./HDDL
Today, on …..month ….. ….. at …. We include:
A side: ….
Address: …..
Representative (Mr/Ms): ….. – Position: ……
Telephone: Fax: …..
Tax code: ….
Account: ….. – At the bank: …..
B side: TOUR OPERATORS ….
Address: ….
Legal representative: …… – Position: ……
Phone: …. – Fax: …..
Business registration certificate number: ….. Place of issue: ….
Tax code: …..
Account: …..- At the Bank …..
Pursuant to the contract No. …../…../HDDL between ……
and: …..
About the contract to organize the tour:….
Based on actual contract performance results. Party A and Party B agree to liquidate the signed contract as follows:
1. Total actual value (excluding 10% VAT):
1.1. …person x ….d/person = …..VND (equal to:….)
1.2. Total arises: ….
2. Total payment value: (1.1 + 1.2): …..VND
(Text: ….)
2.1. Total amount of advance: …..VND
(Text: …..)
2.2. Total amount to be paid: ….
(Text: …..)
Party A is responsible for making full payment to Party B after receiving the minutes of liquidation of this contract.
The minutes of liquidation are made in 02 copies, each party keeps 01 copy with the same legal value.
REPRESENTATIVE OF PARTY A REPRESENTATIVE OF THE PARTY
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