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Electronic contract is the trend of e-commerce in the tourism industry, and electronic contract is a necessary condition for travel agencies to achieve large-scale and networking. In order to standardize travel, at the beginning of 2017, the national "13th Five-Year Plan" tourism information plan focused on building an electronic contract platform, and cities around the country have also introduced relevant policies, such as Lijiang, Foshan and other places to clearly convene a mobilization meeting for the launch of tourism electronic contracts, and explicitly require travel agencies in the jurisdiction to sign electronic contracts with tourists when operating individual group business.
The legal effect of the electronic contract for tourism is equivalent to that of the paper contractHowever, it is more convenient and faster to sign, users can sign contracts without leaving home, and can be viewed at any time, which is also conducive to the supervision of relevant departments, and can also save a lot of paper costs for travel agencies.
Advantages of e-contracts for tourism:
Standardize the signing process to improve user experience.
By accessing the tourism electronic contract system, the entire tourism service content will be more transparent from signing the contract to carrying out the itinerary. Tourists can sign electronic contracts on **, and no longer have to send contracts back and forth or fax paper contracts.
2.Paperless contracting, cost savings.
**Signing electronic contracts and promoting paper-based contracts also reflects the purpose of the tourism service industry of "energy saving, emission reduction, and green travel". At the same time, the contract is paperless, and the express delivery cost is also saved; Warehousing costs for paper contracts are also waived.
3.The details of the contract can be controlled.
In the past, tourists and travel agencies signed standard terms, and often ignored the details of the trip. After using the travel electronic contract, tourists can confirm the details of the trip and the terms of the trip before signing the contract, so that the trip is more secure and assured.
4.Shorten the contract signing cycle and improve service quality.
Compared with paper contracts, tourism electronic contracts can not only reduce costs and improve efficiency for travel agencies, but also ensure the legitimate rights and interests of both parties to the contract, in line with the promotion of national policies, so the use of electronic contracts by travel agencies is the general trend.
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There are many versions and quantities of tourism contracts, and it is one of the indispensable and important links for both tourists to protect their rights and performance, and in the traditional paper contract signing process, tampering with the contract, yin and yang contracts are not conducive to the development of the entire industry and the rights protection of tourists.
The signing is not limited by region and time: tourists can sign the contract anytime and anywhere on the electronic signing platform, and the tour will start immediately;
Ensure the validity of the contract between the two parties: the signed content cannot be tampered with, the signed identity can be identified, and the compliance is safe and effective;
In a word, the tourism electronic contract is to realize the tourism enterprises on the basis of high efficiency and low cost, to achieve easy management, easy to sign, compliance and effective, and to empower the tourism industry practitioners.
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There are several advantages to using electronic contracts to sign documents:
Labor cost saving: A contract can be completed by only one person, making full use of human resources and refusing to waste time.
High security: financial-level security, anti-counterfeiting CA digital certificates, face live recognition authentication, encrypted blockchain certificates, etc.
Low storage cost: no paper is required, all are deposited by a third-party platform, and backups are automatically generated without taking up space.
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The validity of an electronic contract depends on whether it has a reliable electronic signature. Only electronic contracts with reliable electronic signatures have the same legal effect as handwritten signatures or seals. Electronic contracts, also known as e-commerce contracts, can be defined as follows:
An agreement between two or more parties to establish, modify, or terminate a relationship of property civil rights and obligations reached in electronic form through an electronic information network.
Legal basis
Article 469 of the Civil Code 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.
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The validity of an electronic contract depends on whether it has a reliable electronic signature. Only electronic contracts with reliable electronic signatures have the same legal effect as handwritten signatures or seals.
Electronic contracts, also known as e-commerce contracts, can be defined as agreements between two or more parties to establish, modify, and terminate property civil rights and obligations in electronic form through electronic information networks.
Legal basis] Article 469 of the Civil Code, which provides that the content contained in the Civil Code can be tangibly expressed by means of electronic data interchange, e-mail, etc., and the data messages used by Pi Yingcha can be retrieved at any time, shall be deemed to be in written form.
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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.).
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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 realize all the functions of filling in and signing, modifying, uploading and filing, statistical analysis, supervision and management with tourists, and the tourism electronic contract with real-name authentication and reliable electronic signature has the same legal effect as the paper travel contract.
From a legal point of view, a valid travel electronic contract must meet the requirements of both parties to undergo real-name authentication and use reliable electronic signature technology. When signing the tourism electronic contract, it is necessary to use the electronic signature Ling Hao technology, rather than simply "confirming" or adding a watermark stamp, which is not only easy to be tampered with, but also does not have legal effect, reliable electronic signature is the core of an effective electronic contract, and the existing tourism electronic contract continues to improve, because only in this way can the legitimate rights and interests of both parties be protected.
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