How do I sign an e contract for travel? How to sign a travel e contract

Tourism electronic contract refers to the content of the standard format of the tourism contract that has passed the review, and the contract signed on the third-party electronic contract platform in accordance with the law.

The electronic tourism contract needs to meet the two characteristics of "the signatory parties have been authenticated by real names" and "have a reliable electronic signature" in order to have the same legal effect as the paper travel contract.

From a legal point of view, the signed tourism electronic contract needs to be determined through judicial appraisal to determine whether it can be electronic evidence. Therefore, when signing a tourism electronic contract, it is necessary to use electronic signature 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.

According to the definition of the Electronic Signature Law, an electronic signature refers to the data contained in electronic form in a data message and attached to it for the purpose of identifying the signatory and indicating the signatory's approval of its contents.

Article 13 of the Electronic Signature Law stipulates that:

An electronic signature is considered a reliable electronic signature if it meets the following conditions at the same time:

1) When the data for the creation of electronic signatures is used for electronic signatures, it is the exclusive property of the electronic signatory;

2) At the time of signing, the electronic signature creation data is controlled only by the electronic signer;

3) any alteration of the electronic signature after signing can be detected;

iv)that any changes to the content and form of the data message after signature can be detected.

Parties may also choose to use electronic signatures that meet the reliable conditions they have agreed upon.

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.

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 detected; iv)that any changes to the content and form of the data message after signature can be detected.

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.

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.

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 point of offline signing and stamping enables the electronic contract management function, not only to add the label of "Internet +", but also to hope 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 tourism industry Through electronic contract management, the tourism industry will achieve paperless online signing, 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.