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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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The legal effect of an electronic travel contract is equivalent to that of a paper contract, but it is easier and faster to sign.
Users can sign contracts without leaving home, which 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, what a beautiful and environmentally friendly thing.
An electronic contract is a contract concluded in the form of a data message, which is an agreement between two or more parties to establish, modify or terminate the relationship of property civil rights and obligations in electronic form through an electronic information network.
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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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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.
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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.
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There are two main types of travel electronic contracts, one is OTA platforms (such as Ctrip. Where to go), and there is also an offline travel agency.
Offline travel agency stores:The signing and management of travel contracts can be completed through the third-party electronic contract platform.
The first step is to select a reliable third-party platform, register and authenticate (it is important to prove that you are you in the online environment), and create an electronic seal and electronic signature of the travel agency.
Step 2: Upload the documents that need to be signed, fill in the customer's name and mobile phone number and send them (the signing order of both parties can be customized).
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Industry background.
In July 2017, the China National Tourism Administration (CNTA) issued a document (Travel Ban Fa 2 [2017] No. 172) "Notice of the Office of the National Tourism Administration on Matters Concerning the Launch of the National Tourism Supervision Service Platform in Beijing, Shanghai, Jiangsu and Other Six Provinces and Cities".
It is pointed out that the national supervision platform plans to build an "electronic contract management" functional module to build a "national tourism demonstration contract library" and a unified national "tourism electronic contract library", provide tourism contract verification functions to tourists, and ensure that the tourism contract signing subject is legal, the content is true and traceable.
On July 1, 2018, the national tourism supervision service platform was fully launched in the country, which marks the acceleration of the transformation of China's tourism market supervision to informatization and intelligence.
The pain points of offline signature and sealing.
The enabling of the electronic contract management function is not only to add the label of "Internet +", but also to solve the pain points of offline signing and sealing in the tourism industry through this form and welcome new development.
Cloud contracts can be used for the travel industry.
The value of electronic contracts for the travel industry.
Through electronic contract management, the tourism industry will achieve paperless online contracting, which is of great significance to tourism bureaus, travel agencies and tourists.
Legitimacy of cloud contracts.
Both the Electronic Signature Law of the People's Republic of China and the Contract Law of the People's Republic of China clearly stipulate that valid electronic signatures can be used as a legal contract carrier.
The cloud contract meets all the provisions of relevant laws on electronic signatures and electronic contracts, and has won the title of the only electronic contract innovation service platform designated by the Ministry of Industry and Information Technology, which is a trustworthy electronic contract platform for users.
Cloud Contract & National Tourism Administration.
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Examples of electronic contracts.
According to the Electronic Signature Law, a reliable electronic signature has the same legal effect as a traditional signature and seal, and it is required to have it".True identity, true will, original text unchanged, signature unchanged"Four principles. If the above principles are met, the electronic contract has legal effect.
And on third-party platforms, a reliable electronic contract is signed like this:
Electronic contract signing process.
1.Registered users, identity authentication
After completing the registration, the user needs to pass the identity authentication, confirm the signing identity, and obtain an exclusive electronic signature and CA authentication certificate to ensure that the electronic signature is legal and valid.
Personal identity authentication can be completed by swiping the face and the three elements of the operator; Enterprise identity authentication needs to be verified by the identity of the manager, the verification of the basic information of the enterprise, as well as the verification of the public payment, the authorization letter of the legal person, etc.
2.Claim a stamp
Upon completion of the verification, the user will receive an exclusive electronic signature and electronic seal. Users can also set electronic seal information by uploading and customizing stamp templates locally.
The user goes to the signing page and initiates it directly through the local file or through the contract template. Then, fill in the signature information in the preset filling area and signature area, and add an exclusive electronic signature. Through face authentication and other methods, complete the willingness to authenticate and confirm the right, and complete the electronic contract signing link of the party.
4.Send the contract5.The other party signs
After receiving the signing notice, the other party will enter the signing page. After browsing the content of the contract, you only need to add an electronic signature or seal, pass the identity authentication, and fully express your willingness to sign, and you can complete the signing. During the authentication process, the platform will also automatically issue a CA certificate to ensure that the electronic signature is tamper-proof and has legal effect.
The initiator of the contract can check the progress of the contract in the background throughout the whole process, and carry out operations such as reminder and renewal.
6.Contract management7.Other links
For example, through our platform, electronic contract signing supports the whole process on the chain, saves the whole process of contract signing to the judicial blockchain in real time, and electronic evidence is directly connected to Internet courts, notary offices, judicial appraisal centers and other authoritative institutions on the blockchain. In the event of a judicial dispute, electronic evidence can be directly verified and used by the court.
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