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(2022-07-17 20:43:38)
分类: 文体艺术展览出版旅游教育
2015版国际邮轮旅游合同(中英文对照)学术交流请致 matador1@foxmail.com



第一条 合同标的

Article 1. Contract Subject第二条 行程与标准 

Article 2: Travel and Standard

第三条 旅游者保险

Article 3 Tourist insurance

第四条 旅游费用及其支付

Article 4 Travel expenses and payment

第五条 双方的权利义务

Article 5 Rights and obligations of parties

第六条 甲方不适合邮轮旅游的情形

Article 6 Circumstances unsuitable for Party A’s cruise travel

第七条 甲方解除合同及承担必要费用

Article 7 Cancellation by and necessary expenses on Party A

第八条 责任减免及不可抗力情形的处理

Article 8 Liability exemption and force majeure

第九条 违约责任

Article 9 Liability for Breach of Contract

第十条 自愿购物和参加另行付费旅游项目约定

Article 10 Agreement of Voluntary Shopping and Participation in Separate Paid Tours

第十一条 争议解决方式

Article 11 Dispute Settlement

第十二条 附则

Article 12. Supplementary Provisions  



第五条 双方的权利义务

Article 5 Rights and obligations of parties



(1) Party A's rights and obligations



1. Party A has the right to get acquainted with the truth of the cruise, shore visit items and services purchased by it and to require Party B to provide the visit items and services as agreed; to refuse Party B's designating specific shopping and arranging separate paid tours without prior consensus; to refuse Party B's entrusting the tour business to other travel agencies without prior consensus.



2. Party A shall consciously abide by the norms of civilized conduct in tourism, abide by the requirements in the cruise tour product description, respect the etiquette on board and the customs, cultural traditions and religious taboos of the onshore destination, care for tourism resources and protect the ecological environment; abide by the Guide to Civilized Conduct for Chinese Citizens Travelling Abroad and other norms of civilized conduct. Party A shall observe the group discipline during the tour activities and cooperate with Party B to complete the tour itinerary as specified in the contract.



3. Party A should, upon signing the contract or filling in documents, use the valid identity, provide contact details of family members or other emergency contacts, etc. and be responsible for the authenticity and validity of the information filled in.



The person who, with restricted civil capacity, participate in a tour alone or accompanied by the non-guardian should be subject to the written consent of the guardian or other person who, with guardianship obligations, shall protect the safety of the accompanying minor traveller.



4. Party A shall comply with the safety warning requirements in the cruise tour visits descriptions and tour activities, consciously participate in and complete drills of emergency life-saving at sea, and cooperate with safety precautions and emergency disposal measures taken by relevant authorities, agencies or Party B.



5. Party A shall not carry with itself or in its luggage any prohibited goods which are prohibited to be brought on board by law, or regulation or as described in the cruise product description. Party A shall comply with the no-smoking regulations on cruise, and smoking is prohibited in all areas except for designated smoking areas.



6. Party A shall, during the cruise tour, properly keep the personal property carried with itself.



7. Party A shall, during the period of self-arranged activities on the cruise, carefully read and comply with the Cruise Party's Daily Instructions and activity schedule, in addition to choose its own meals, visits and entertainment programmes on the cruise. Party A shall, during self-arranged activities, move and act within the limits of its own control of risk, choose activities where it can control the risk and be responsible for its own safety.



8. Party A should observe the time for gathering departure, return for the cruise tour and shore tour, and arrive at the gathering place on time.



9. Provided that any disputes arise during the tour, Party A shall resolve the same in the manner specified in Articles 8 and 11 of this contract and shall not damage the legitimate rights and interests of Party B, other tourists and the cruise party, delay the tour or leave the tour by refusing to board or disembark from the cruise ship (plane, bus or ship), or interfere with the normal order of the port or pier, otherwise it shall be liable for compensation for the extended losses.



10. The entry and exit documents submitted by Party A to Party B shall comply with the relevant regulations. Party A shall not stay illegally outside the country, and shall not, where traveling with the group, split or leave the tour group.



11. Where Party A is unable to travel, a third person who is eligible to participate in the cruise may perform the contract on behalf of it and should notify Party B in time. Any increase or decrease in costs due to the performance of the contract on behalf of Party A shall be settled by the parties on an actual basis.



(2) Party B's rights and obligations



1. Cruise tickets or vouchers, descriptions for cruise tour product, boarding related documents and the list of ordered services provided by Party B shall be confirmed by Party A, which shall form part of this contract.



2. Party B shall provide the tour itinerary which shall be signed or stamped by the parties as part of this contract.



3. Party B shall not organize tours at unreasonably low prices to cheat Party A and obtain improper benefits such as rebates by arranging shopping or separate paid tours.



4. Party B shall, prior to the departure of the tour, truthfully inform the service items of cruise tour and standards in the form of briefing sessions, etc., and remind Party A to observe the civilized code of conduct for tourism, comply with the requirements in the cruise tour product descriptions and respect the customs, cultural traditions and religious taboos of the shipboard etiquette and onshore destinations. Party B shall, at the time of conclusion and performance of the contract, give a true description and definite warning of any circumstances that may endanger the safety of Party A's person or property during the tour and take appropriate measures to prevent the occurrence of the dangerous.



5. In the event of delay or failure to call at the port, Party B shall promptly release information to Party A to inform the specific solution thereof.



6. Party B shall properly keep the various documents submitted by Party A and keep Party A's information confidential in accordance with the law.



7. For any change or amendment of the total contract price due to result of policy price adjustments for airline, port charges, fuel prices, etc., the parties hereto shall settle the contract on an actual basis.



8. Party B may terminate the contract if Party A has any of the following circumstances.



(1) The tourist suffering from diseases such as infectious diseases that may endanger the health and safety of other tourists.



(2) The tourist carrying the articles endangering public safety and is reluctant to hand the same over to relevant departments for handling;



(3) The tourist engaging in the activities that are illegal or contrary to social morality.



(4) The tourist engaging in the activities that seriously affect the rights and interests of other tourists, refuse the acceptance of dissuasion and cannot be restrained.



(5) Other circumstances as prescribed by the law.



Where termination of the contract due to the circumstances specified in the preceding paragraph, Party B shall, in accordance with Article 7 of this contract, refund the balance to Party A upon deduction of the necessary expenses; and Party A shall be liable for compensation on any damage to Party B.



9. The agreement between the group number and the non-formation of groups (one chose from two items)


最低成团人数     人;低于此人数不能成团时,乙方应当提前30日通知甲方,本合同解除,向甲方退还已收取的全部费用。

The minimum number of groups       ; Party B shall give 30 day’s prior notice to Party A and terminate this contract and refund all fees charged to Party A.



The group is not limited to the minimum numbers.


第六条 甲方不适合邮轮旅游的情形

Article 6 Circumstances unsuitable for Party A’s cruise travel



As no specialist doctors and medical facilities on board the cruise ship, it is impossible to provide first aid and treatment timely after the cruise is off-shore. In order to prevent accidents on the way, Party A shall, at the time of purchasing cruise tourism products and receiving tourism services, truthfully inform the personal health information related to cruise tourism activities and participate in cruise tourism activities suitable for its own conditions, and if Party A conceals the relevant personal health information to participate in cruise tourism, it shall undertaken the corresponding responsibility.


第七条 甲方解除合同及承担必要费用

Article 7 Cancellation by and necessary expenses on Party A



Provided that the contract is cancelled due to Party A's own reasons, Party B will refund the balance to Party A subsequent to deducting the necessary expenses at the following rates.



(a) Provided that Party A cancels the contract prior to the commencement of travel, the rates of deduction of the necessary expenses under the parties’ agreement as following:


1.行程前     日至     日,旅游费用     %;

1.       % of the tour cost from the day of       to the day of       prior tour.


2.行程前     日至     日,旅游费用     %;

2.       % of the tour cost from the day of       to the day of       prior tour.


3.行程前     日至     日,旅游费用     %;

3.       % of the tour cost from the day of       to the day of       prior tour.


4.行程前     日至     日,旅游费用     %;

4.       % of the tour cost from the day of       to the day of       prior tour.


5.行程开始当日,旅游费用     %。

5.      % of the tour cost from the day of tour commencement.


甲方行程前逾期支付旅游费用超过     日的,或者甲方未按约定时间到达约定集合出发地点,也未能在中途加入旅游的,乙方有权解除合同,乙方可以按本款规定扣除必要的费用后,将余款退还甲方。

Provided that Party A is delayed for the tour payment more than      days before the tour, or fails to arrive at the place of departure as agreed and fails to join the tour halfway, Party B reserves the right to terminate the contract and may refund the balance to Party A subsequent to deduction of the necessary expenses as stipulated in this paragraph.



(ii) Where Party A cancels the contract during the tour due to its own special reasons, such as illness, the necessary deduction of expenses shall be: (one chose from two items)


1双方可以进行约定并从其约定:旅游费用-( )-( )-( )-(

1The parties may enter into and follow their agreement:

The tour costs-( )-( )-( )-(



2. Where without agreement by the parties hereto, the necessary expenses shall be deducted at the following rates.



Tour cost x percentage of deduction on the departure day + (tour cost - tour cost x percentage of deduction on the departure day) ÷ number of tour days x number of traveling days. Provided that the necessary expenses deducted at the rate specified in (i) or (ii) above are less than the actual expenses incurred, the actual expenses incurred shall be deducted, however the maximum amount deducted shall not exceed the total amount of travel cost.


行程前解除合同的,乙方扣除必要费用后,应当在合同解除之日起      个工作日内向甲方退还剩余旅游费用。行程中解除合同的,乙方扣除必要费用后,应当在协助甲方返回出发地或者到达甲方指定的合理地点后     个工作日内向甲方退还剩余旅游费用。 

Provided that the contract is cancelled prior to departure, Party B shall, subsequent to deducting the necessary expenses, refund the remaining tour price to Party A within      working days upon the date of cancellation of the contract,. Provided that the contract is cancelled during the tour, Party B shall, with deduction of the necessary expenses, refund the remaining tour price to Party A within      working days after assisting Party A to return to the place of departure or arrive at a reasonable place designated by Party A.


第八条 责任减免及不可抗力情形的处理

Article 8 Liability exemption and force majeure



1Exemption of travel agency’s liability


1. Party A shall bear the corresponding responsibilities for the personal damage to itself or property damage or causes damage to others, which are due to its reason, however Party B shall assist in dealing with the same.



2. Party B shall not be liable for any personal damage or property loss caused by force majeure, however shall actively take rescue measures.



3. Party B shall, during the self-arranged activity, have no responsibility of compensation for any damage to Party A's personal or property rights and interests if only Party B has fulfilled its obligation of prior necessary warning and the necessary rescue obligations afterwards.



4. Party B shall not be liable for any personal injury or property damage due to Party A's participation in activities which not arranged or recommended by Party B.



5. Provided that Party A suffers personal damage or property loss due to the public transport operator, the public transport operator shall be liable for compensation in accordance with the law and Party B shall assist Party A to claim compensation from the public transport operator. Where the contract cannot be performed as agreed due to delays in public transport, Party B shall not be liable for breach of contract, however shall refund to Party A the costs not actually incurred.



(b) In the event of force majeure circumstances or events which cannot be avoided by Party B or the assistant for fulfillment with reasonable care, which may result in changes to the cruise itinerary or the cancellation of some ports of call, etc., the situation shall be dealt with in the following agreed manner.



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