Model Contracts
1. Model contract on tours arranged by Chinese and foreign travel services
Sichuan China Travel Service (party A)and ____________ (party B)
have, on the basis of equality, mutual benefit and friendly co-operation, reached the following agreement and signed this contract on mutual rights and obligations in the development of the joint industry.
The contract and appendix to the contract constitute an inseparable integrity. Both the transcript of the contract and the articles in the appendix to the contract hold Same authenticity.
Article 1
Party B plans-------------to organize-------------tours with tourists to visit China from -----------to-----------.
Article 2
Party B is required to Party A the final booking on a tour, whenever accepted by Part A, 30 days prior to the scheduled arrival of the said tour at the point of entry in China. Party A should acknowledge confirmation to Party B within three working days after receipt of confirmation from Party B. Party B is required to send Party A, at least 20 days prior to the scheduled arrival of each tour at the point of entry in China, a detailed list with each participant¡¯s full name, sex, date of birth, occupation, nationality, passport number, arrival/departure flight or train number, points and dates of entry and exit, number of rooms required and requests on visits.
Article 3
Party B is free to propose at any time to Party A additional tours other than those planned. Upon receipt of a fax/e-mail proposal from Party B, Party A is required to reply within three days. Upon receipt of a reply from Party A, Party B is required to acknowledge confirmation as required by Article 2.
Article 4
Party B agree to making telegraphic remittance of total expenses for each tour to Party A bank-account at least 15 days prior to the scheduled arrival in China of each tour. If more than one remittance is made simultaneously, it is necessary for Party B to specify the exact amount for each tour on the remittance memo. Tour expenses are not to be settled in Chinese currency Renminbi
Article 5
If Party B fails to make the remittance before the dead-line as stipulated by Article 4, Party A has the right to take any of the three following options to deal with the overdue payment :
1. Party A will not host the tour any longer, no matter whether the
tour has entered into China or not. Party B will bear all arising there from;
2. Party A will report the case to the travel administration of the Chinese government and propose to all other travel services in China declining hospitality to the unpaid tour send by Party B;
3. Party A will charge Part B an overdue fine for any unpaid amount.
After the conclusion of each tour in China, Party B is required to clear off any outstanding amount within one month, otherwise an overdue fine is to be charged additionally in the following month, at a rate of 0.2% of the out standing amount per day.
Article 6
Party A is committed to offer services according to the itineraries and package services confirmed by this contract and the appendix to the contract.
Party A has the obligation to instruct all its liaison personnel, tour guide, drivers and other staff to render standard-oriented services to tourists. They are strictly forbidden to extort tipping from tourists.
Article 7
Except in situations beyond human control, Party A Should provide compensatory service for tourists or refund to Party B the difference in payment for service rendered below standard.
Except in situation beyond human control, Party A will be held responsible for any additional expenses resulting from the change, caused by Part A, in itinerary, transportation vehicles, accommodation and meals.
However, Party A will not be held responsible for compensation resulting from change of itinerary under the following situations:
1. The scheduled date of entry of a tour is changed off hand by Party B.
Consequently Party B will be liable for compensation and complaints lodged by clients, resulting from change of accommodation, transportation and sightseeing program. Party B is also liable for economic loss, if any, incurred to Party A;
2. The itinerary is changed at the request of tour participants after arrival in China.
Subsequent economic loss, if any, will be borne by tour participants rather than Party A;
3. The tour schedule is changed by air/railway or steamship departments due to mechanical failure or bad weather;
4. The tour schedule, itinerary and length of stay in China are changed due to unforeseen situation beyond human control. Any difference or balance in payment will be collected or reimbursed accordingly;
5. Party A will not be held responsible for any harm sustained by tourists during their visit in China by airplane/train or steamship or during their stay in hotel, restaurant or tourist area.
However, Party A is obligated to help Party B to retrieve the harm in humanitarian spirit.
Article 8
Party B reserves the right to lodge complaint to the travel administration of the Chinese government and moreover to request compensation for material loss, as a result of violation by Party A of provisions for quality service.
Article 9
Party A should notify Party B , three months in advance of the scheduled
arrival of a tour in China, the adjustment, if needed under unusual circumstance, in the package rates after confirmed by both Parties. Part A will charge the tour based on original quotation within three months after the date of notification.
Article 10
It is necessary for Party A to make Party B acquainted with the policy and regulations of the Chinese government concerning tourist activities in China. Party B is required to ask tourists to abide with the policy and regulation. Party A will not be held responsible for any violation by tourists against the Chinese policy and regulation, which will be dealt with law in China.
Article 11
Party A will quote a package rate for a tour scheduled to China according to Chinese pricing policy and regulation. After the quotation is confirmed by Party B, both parties will sign an appendix to the contract. There is------------- appendix attached to this contract.
Article 12
Part A is committed to making overall arrangements as various cities in China for tours sponsored by Party B. Party A can not entrust any other Party to become involved in separate arrangements for tours at any city in China. Party A can entrust, if necessary, a certified land operator in China to take care of travel arrangements. As an immediate agent for Party B, Party A will bear direct responsibility for tourist activities in China.
Article 13
To guarantee security for travel in China, Party A will arrange for tourists¡¯ travel-accident-insurance, which will be covered in tour package rates. Either Party is liable for violation, if any, against regulations stipulated by the Chinese government concerning insurance coverage for overseas tourists during travel in China.
Article 14
The conclusion, alteration and abrogation of this contract or retrieval of breach of contract should be in line with the regulations specified in the ¡®People¡¯s Republic of China Law Concerning Economic Contract with Foreign Countries.¡¯ Without mutual consent, either Party cannot transfer, to a third Party, its right and commitments, as described in this contract.
Article 15
Both Parties should try to resolve, through friendly consultation, their disputes, if any, in the execution of the contract. If no solution could be found through consultation, both Parties agree to submit their disputes to China National Tourism Administration for coordinated settlement in accordance with the law of China.
Article 16
This contract will be effective, once signed by both Parties, and valid until___________. After expiration, the validity of the contract can be extended, under a written agreement confirmed by both Parties.
Article 17
After both Parties have signed this contract, Party A should submit a duplicate copy of the contract to its superior tourism authorities for record.
NAME/ SIGNATURE NAME/SIGNATURE
OF PARTY A REPRESENTATIVE OF PARTY B REPRESENTATIVE
DATE/PLACE OF SIGNING DATE/PLACE OF SIGNING
APPENDIX A
Sichuan China Travel Service
Hospitality Service Criteria
1. Party A is committed to provide standard service to tours sponsored by Party B. To fulfill this commitment, Party A is required to have a team of the People¡¯s Republic of China administration-licensed tour guides, who are mandated to meet the following requirements:
(1) To be properly dressed and pinned up with a certified guide tag while on tour;
(2) To use polite language in serving tourists;
(3) To get to know all necessary information about tourists before their arrival and to be well prepared with tour programs, luggage tags, microphone, entrance tickets, beverage, accounting sheets and etc.;
(4) To be well acquainted with places of visit and the language familiar to tourists while guiding a tour;
(5) To bid welcome to tourists upon arrival; to announce everyday tour program along with an weather forecast and a briefing on places of interest to be visited;
(6) To show up ten minutes in advance before the start of each visit;
(7) To keep company with tourists, while a sightseeing tour or cultural show is on, and not ask for leave of absence, only when necessary and permitted by the tour director;
(8) To strictly follow the People¡¯s Republic of China tourism administration regulations in providing quality guaranteed service to tourists without extorting gratuity, foreign exchange or change of Chinese currency into foreign currency;
(9) To pay due attention to tourists¡¯ requests in arrangement of sightseeing visits, shopping and professional activities according to a confirmed itinerary. To visit designated stores for shopping and help solve problems of defects, if any, found on articles purchased by tourists;
(10) To respect tourists¡¯ living habits and customs.
2. Party B can propose replacement of a misbehaved tour guide sent by Party A. Party A can propose suspension of visit to China by any Party B tour director, who has a record of breach of law or unwarranted non-cooperative attitude with Chinese escorts.
3. Party A is required to make advance booking for tourists of hotel rooms, meals, beverage and transportation vehicles, in line with a standard set with Party B. Party A cannot deliberately downgrade on its own service standard. If Party A falls to book a hotel designated by Party B, other hotel at same state level should be booked instead.
4. Party A tour guides should help tourists keep good custody of their luggage. Luggage should be identified, counted without error and signed up by representatives of both Parties before transfers to hotels or airports for check in or out.
5. Party A is committed to make arrangement of domestic transportation for tourists before their arrival in China.
Party A shall not be liable for the change of tour schedule, caused by the close of airport, weather condition or other factors beyond human control. However, Party A should consult with tourists to reschedule the tour and make necessary arrangements with air/train booking offices accordingly.
6. Party A is required to arrange visits to safe facilities without exposing tourists to any hazardous environment. Party A is obligated to remind tourists of their safety and moreover to ask them to sign a relevant document exempting Party A from any liability, if they want to take parting sports travel, adventurous tour or sightseeing visit to tourist areas or scenic spots in void of necessary safety measures.
APPENDIX B
Sichuan China Travel Service
Sales Regulations
1. Full package rates quoted by Party A cover hotel accommodation, meals, inclusive service, city-to-city transportation, sightseeing visits with assistance of escorts by car and travel-accident-insurance throughout the visit in China.
2. Party B may organize full-package or non-package tours. The range of price for services to be covered in non-package tour can be determined through consultation by both Parties. City-to-city transportation will be charged separately, in accordance with tariffs enforced by the Chinese government.
3. Party B full-package tours may enjoy the following discounts:
(1) Every sixteenth, up to 10 at maximum, from a party of over 15 persons(adults), may enjoy 100% discount on inclusive services other than accommodation, meals, city-to-city transportation and travel-accident-insurance.
(2) For a party of over 30 persons, of whom 80% being teenagers aged under 18, each enjoy10% discount on inclusive services other than hotel accommodation, meals, city-to-city transportation and travel-accident-insurance.
(3) Infants under 2 years of age are charged at 10% of the adult package rate of the same category.
Children aged 2 or below 6 without occupying extra beds are charged at 40% of the adult package rate. Children aged 6 or below 12, each occupying an extra bed, are charged at 70% of the adult package rate.
Children aged 12 or over are charged at adult package rate.
4. The size of a tour party may range from 2 to 5, 6 to 9 or over 10 persons. For a party of 10 or over, a national escort(guide) will be provided, otherwise tour expenses can be reduced, according to relevant regulations.
For a party of 9 or below, no national escort will be provided, unless requested, with additional cost.
5. Following cancellation fees will be changed by Party A for tours canceled by Party A before arrival in China:
(1) No cancellation fee required for tours canceled 15 days before arrival;
(2) 5% of the package rate required as cancellation fee for each space booked on a tour canceled between 8 and 15 days before arrival;
(3) 25% of the package rate required as cancellation fee for each space booking canceled between 2 and 7 days before arrival;
(4) 50% of the package rate required as cancellation fee for each space booking within 24 hours before arrival;
(5) Economic loss resulting from cancellation of a tour caused by factors beyond human control will be retrieved through consultation by both parties.
6. The following regulations will be applied to any change requested by Party B for tour space bookings, if accepted by Party A:
(1) Extra charge is required, according to relevant regulations, for additional tour space bookings, if accepted by Party A;
(2) Cancellation fee is charged, according to regulations specified in Article 5 of this appendix, for space bookings to be reduced;
(3)With approval from Party A, tour expenses can be adjusted, according to relevant regulations, as a result of increase and decrease in space bookings on a tour.
7. The above-mentioned ¡®over¡¯ covers in numerical sense the Arabic figure proceeded or followed, while ¡®below or under¡¯ does not.
|
