Conditions for implementing the latest tour contract

Tour contracts are an important legal basis, helping to ensure the rights and obligations of participating parties. Establishing a clear and detailed contract helps determine specific conditions regarding price, schedule, services provided, payment methods and related commitments. This not only minimizes risks and disputes but also creates transparency, trust, and protects the legal rights of customers and service providers.

What is a tour contract?

Tourism, according to the provisions of Clause 1, Article 3 of the Law on Tourism 2017, is activities related to a child’s trip outside his/her regular residence for a period of no more than 01 consecutive year to meet the needs of sightseeing, recreation, entertainment, learning, exploring tourism resources or combining with other legal purposes.

Tourism can be an object in entering into a contract, specifically according to Clause 1, Article 39 of the Law on Tourism 2017, a travel contract, or travel contract/tour contract, is an agreement on the implementation of a tourism program between a travel service business and a business, tourist or tourist representative.

Conditions for implementing tour contracts

Pursuant to Clauses 2 and 3, Article 39 of the Law on Tourism 2017, a tour contract will be eligible for implementation when:

• The form of expression of the contract is text.
• The contract has all the contents specified in Clause 3, Article 39 of the Law on Tourism 2017.
• The contract provides complete and clear information of the parties.
• Agreements on the rights and obligations of the parties, cases of contract termination, compensation for damages, etc, are expressed transparently in accordance with civil law regulations.

Necessary contents in the tour contract

The content contained in the tour contract will be agreed upon by the parties but must include the contents in Clause 3, Article 39 of the Law on Tourism 2017, including:

• Clearly describe the quantity, quality, price of services, time, and method of providing services in the tour program;
• Contract value and payment method;
• Clause excluding liability in case of force majeure;
• Financial conditions and responsibilities related to changes, additions, and cancellations of contracts;
• Terms of insurance for tourists.

What to keep in mind when drafting a tour contract

When drafting a tour contract, it is necessary to pay attention to a number of important factors to ensure legality and protect the interests of relevant parties (travel companies and customers). Below are points to pay attention to when drafting a tour contract:

1. Information of related parties:

• Service provider information (Travel company): Company name, address, phone number, tax code, representative, position.
• Customer information (Consumer): Name, ID/CCCD number, contact address, phone number.

2. Detailed service description:

• Tour program: Detailed description of attractions, time, itinerary, and specific schedule.
• Included services: Air tickets, transportation, hotels, meals, tour guides, travel insurance (if any).
• Terms of additional services (if any): Services outside the main package may arise during the trip, such as additional tours and upgraded services.

3. Tour price and payment method

• Tour price: Need to clearly state the value of the tour, whether or not VAT is included, and any additional costs (if any).
• Payment method: Payment schedule (deposit, when to pay, payment method), payment currency.
• Details of expenses not included: For example, visa fees, tips for tour guides, no-show fees or tour cancellation fees.

4. Conditions for tour cancellation and refund

• Tour cancellation conditions: Regulations on tour cancellation by customers or travel companies (cancellation fees, cancellation time).
• Refund policy: Specifically about refunds (if any) when guests cancel the tour, conditions for refunds after deducting cancellation fees.

5. Rights and obligations of the parties

• Travel company: Provides services according to the contract, ensures service quality, and supports customers throughout the trip.
• Customers: Comply with tour regulations, participate on schedule, pay in full, provide accurate information.

6. Liability and insurance

• Company responsibilities: Provide quality service, responsible for incidents during the trip (accidents, loss of property, equipment damage…).
• Insurance: Insurance conditions during the trip (if any), insurance coverage (accident, lost luggage, medical care).
• Force majeure: Terms of cancellation or change of tour program due to events beyond control (natural disasters, epidemics, strikes…).

7. Visa and document conditions

• Visa: Terms related to supporting customers in applying for visas, visa costs, time and responsibilities of relevant parties.
• Documents: Require customers to provide necessary documents (ID card/CCCD, passport, portrait photo, health insurance documents…).

8. Dispute resolution

• Dispute resolution agreement: Dispute resolution methods (negotiation, conciliation, arbitration or court) if an incident occurs during contract performance.
• Dispute resolution time: Time and place for resolution when a problem arises.
• Regulations on changes and additions to contracts, and notification procedures when there are changes.

Important note:

• Transparency and clarity: All terms should be written clearly and transparently, avoiding the use of vague words that can easily cause misunderstandings.
• Legal compliance: Ensure the contract fully complies with current legal regulations, especially regulations on protecting consumer rights.

If the contract is carefully drafted, it will help protect the interests of both parties and avoid unnecessary disputes during the tour.

Consulting services and support for drafting the latest tour contracts

Conditions for implementing the latest tour contract are an important factor to ensure a safe, convenient trip and protect your rights. Having a detailed and clear contract helps avoid unwanted disputes and clearly defines the responsibilities of the parties involved.

• Consulting to draft cooperation contracts with partners, guides, service providers (transportation, meals, accommodation, etc).
• Advise on provisions to protect tourists’ rights, claim compensation in case of tour cancellation, delay, or other arising situations.
• Assist customers in drafting contracts in accordance with customer requirements.
• Check and review the contract terms you have signed with other service providers to ensure there are no errors or potential risks.
• Advise on resolution measures when disputes arise.

Consulting and support services for drafting tour contracts at Long Phan not only help you get a accurate contract, but also ensure the trip goes smoothly and safely. With support from a team of experienced experts, you will always feel secure and satisfied throughout your travel journey. Please contact Long Phan immediately via the hotline: 0906735386 to receive the fastest advice and support!