How to sign an electronic travel contract? How to sign an e travel contract

The tourism electronic contract refers to the contract signed on the third-party electronic contract platform (such as the third-party electronic contract platform of Fada) in accordance with the legal provisions with the content of the standard format of the tourism contract that has passed the review.

1. Unified standard contract template.

The notice issued by the Office of the National Tourism Administration clearly states that the national supervision platform has generated the national tourism demonstration contract launched by the National Tourism Administration and the State Administration for Industry and Commerce as a first-class contract template. The tourism demonstration contract formulated by each locality can upload the template on the supervision platform, and form a "national tourism demonstration contract library" after being processed by the platform.

Second, the code and barcode electronic.

In the past, local tourism bureaus usually managed contracts by issuing uniform paper contracts, which had uniform codes and barcodes. After the issuance of the "Notice", the electronic process of signing the tourism contract will be realized through a unified electronic code. Travel agencies that have used electronic contracts, as long as they connect with the national regulatory platform before August 4, unify the electronic contract code and the first generation, and build a unified national "tourism electronic contract library".

In this way, electronic contracts can be used across the country and are mutually recognized.

3. Advantages of tourism electronic contracts.

For a paper travel contract, the cost of mailing in other places ranges from 10-20 yuan, and it takes 3-5 days to mail back and forth; The use of electronic contracts does not need to be mailed, and the whole process of electronic operations such as contract modification, signing, searching, archiving, and access greatly saves express delivery costs, time costs and labor costs, and also avoids risks such as contract loss and tampering.

So, how to sign a travel electronic contract to be legal and compliant?

In order to have the same legal effect as a paper travel contract, the electronic tourism contract must meet the two conditions of "the signatory party has undergone real-name authentication" and "has a reliable electronic signature".

If the electronic contract platform can sign the contract directly without real-name authentication for tourists, or if it does not use electronic signature technology but simply completes the signing by "confirming" or adding a watermark stamp, such a contract does not have legal effect. Therefore, in the selection of platforms, it is necessary to identify the legal effect of the electronic contracts signed by the platform. At present, most travel agencies will choose a third-party electronic contract platform like us to sign travel electronic contracts with tourists to ensure the legal compliance of the signed contracts.

There are two ways to sign an electronic contract for tourism:

This is achieved through the integration of the tourism platform with the electronic contract platform;

2. In the case of tourists choosing a travel route at the offline store of a travel agency, 1) the travel agency logs in to the third-party electronic contract platform (such as the contract lock) to register and certify, initiates the standard model contract of the travel contract, and sends it to the signatory for signature through the mobile phone number;

2) The internal contract management system of the travel agency is connected to the electronic contract signing function, and after the electronic contract signing process is initiated in the system, the tourist completes the ** face-to-face signing on the mobile device configured by the travel agency.

Legal analysis: 1. The original data message is Chong Peifeng, which can reliably keep the content intact; 2. Electronic signature, which can identify the signatory and signing time, is tamper-proof, and meets the requirements of effective electronic signatures stipulated by law; 3. The identity has been validly authenticated by a third party and meets the certification requirements stipulated by law.

Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties, and generally include the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract by referring to the model texts of the branches in various types of contracts.

A valid travel e-contract must meet two conditions at the same time: the signatories are authenticated by their real names and use reliable e-signature technology. An electronic travel contract is a travel contract concluded in a third-party electronic contract conclusion system that complies with the law and has the content of the standard form of the travel contract that has passed the audit.

It can be rotated to achieve all the functions of filling in and signing, modifying, uploading and filing, statistical analysis, and supervising the management of Shenqinli, which has undergone real-name authentication and has a reliable electronic signature of the tourism electronic contract, which has the same legal effect as the paper travel contract.

Legal basis

Article 13 of the Electronic Signature Law of the People's Republic of China stipulates that an electronic signature shall be deemed to be a reliable electronic signature if it meets the following conditions at the same time: (1) when the electronic signature production data is used for the electronic signature, it is the exclusive property of the electronic signer; (2) The electronic signature creation data at the time of signing is controlled by the electronic signer; (3) Any alteration of the electronic signature after signing can be discovered; (iv) Any changes to the content and form of the data message after signing can be detected.

An electronic contract is an agreement reached in electronic form between two parties or multiple parties through an electronic information network to establish, modify or terminate the relationship of property civil rights and obligations.

Legal basis: Article 20 of the Electronic Signature Law of the People's Republic of China An electronic signatory shall provide true, complete and accurate information when applying for an electronic signature line key authentication certificate to an electronic certification service provider. After receiving an application for an electronic signature certification certificate, the electronic certification service provider shall conduct a verification of the applicant's identity and conduct a review of the relevant materials.

Legal analysis: 1. The authenticity and reliability of travel agencies (enterprise real-name system) 2. The authenticity and reliability of passengers (personal real-name system) 3. The time of contract signing (timestamp) 4. The terms of the contract are fixed and cannot be changed and can be changed and checked (CA certificate, asymmetric encryption, etc.).

Legal basis: Article 512 of the Civil Code of the People's Republic of China Where the subject matter of an electronic contract concluded through the Internet or other information networks is the delivery of goods and the delivery is made by express logistics, the consignee's signature time is the time of delivery. If the subject matter of the electronic contract is to provide services, the time indicated in the generated electronic voucher or Minbi physical voucher is the time of providing services; Where the aforesaid voucher does not indicate the time or the time indicated is inconsistent with the actual time of providing services, the actual time of providing services shall prevail.

If the subject matter of an electronic contract is delivered by ** transmission, the time when the subject matter of the contract enters a specific system designated by the other party and can be retrieved and identified is the time of delivery. In the event of an electronic contract, if the parties have agreed otherwise on the manner and time of delivery of goods or services, such agreement shall prevail.

The electronic version of the travel contract needs to be signed by the person, and an electronic signature can be made. When the parties conclude a contract, they may use electronic data to agree on the use of electronic signatures, and reliable electronic signatures have the same legal effect as handwritten signatures or seals.

Legal basis

Article 469 of the Civil Code of the People's Republic of China.

The parties may conclude a contract in written, oral or other forms.

The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

Article 2 of the Electronic Signature Law of the People's Republic of China.

"Electronic signature" as used in this Law refers to data contained in electronic form in a data message and attached to it for the purpose of identifying the identity of the signatory and indicating that the signatory acknowledges the contents thereof. "Data messages" as used in this Law refers to information generated, sent, received, or stored by Chi Yin by electronic, optical, magnetic, or similar means.

Article 14. A reliable electronic signature has the same legal effect as a handwritten signature or seal.