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If it can be proved that the oral publicity and the contract are not signed, the contract can be unilaterally terminated and the other party can be held liable for breach of contract, and if there is a dispute, you can file a lawsuit with the court or complain to the industry and commerce.
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The contract can be terminated. If there is a dispute, you can file a complaint with the department of industry and commerce or file a lawsuit with the court to request the cancellation of the contract and the refund of the fee.
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You can first file a complaint with the tourism department or the consumer protection association. If there is sufficient evidence, a lawsuit can be filed in court to rescind the contract on the grounds of fraud by the other party.
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If the other party has committed contract fraud against you and is obviously unfair to you, you have the right to request the revocation of the contract, and the legal basis is Article 54 of the Contract Law: One of the parties has the right to request the people's court or arbitration institution to modify or revoke the following contracts:
1) It was concluded due to a major misunderstanding;
2) It is obviously unfair at the time of the conclusion of the contract.
If one party uses fraud, coercion or taking advantage of the danger of others to cause the other party to enter into a contract contrary to its true intentions, the injured party has the right to request the people's court or arbitration institution to modify or revoke it.
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Yu Xueshen, the legal representative of Shanghai Freedom Tour, used to be the head of another timeshare company, "Shanghai Yudu", which used the same method to deceive consumers, and later when consumers jointly sued, the company turned out to be insolvent, resulting in consumers winning the lawsuit but not getting a refund.
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It depends on whether you have evidence that the anti-verbal propaganda does not match the reality.
Complain to your local tourism office.
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You can apply in writing up to a month in advance.
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Legal analysis: If the contract is terminated unilaterally, Zi Zhiran does not need the consent of the other party. If the parties unilaterally terminate the contract, the contract shall be terminated when the notice reaches the other party, and the contract shall be terminated in accordance with the law by filing a lawsuit or applying for arbitration, and the people's court or arbitration institution shall confirm the claim, and the contract shall be terminated when a copy of the complaint or a copy of the arbitration application is served on the other party. A people's court or arbitration institution may be requested to confirm the validity of the rescission.
Legal basis: Article 565 of the Civil Code of the People's Republic of China Where one of the parties claims to terminate the contract in accordance with law, it shall notify the other party. The contract shall be terminated when the notice reaches the other party; If the debtor fails to perform its obligations within a certain period of time, the contract shall be automatically terminated, and if the debtor fails to perform its obligations within that time limit, the contract shall be terminated upon the expiration of the time limit specified in the notice.
If the other party has any objection to the termination of the contract, either party may request the people's court or arbitration institution to confirm the validity of the termination.
If one of the parties directly claims to terminate the contract in accordance with law by filing a lawsuit or applying for arbitration without notifying the other party, and the people's court or arbitration institution confirms the simple statement, the contract shall be terminated when a copy of the complaint or a copy of the arbitration application is served on the other party.
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If the contract is terminated unilaterally, the consent of the other party is not required. If the parties unilaterally terminate the contract, the contract shall be terminated when the notice reaches the other party, and the contract shall be terminated in accordance with the law by filing a lawsuit or applying for arbitration, and the people's court or arbitration institution shall confirm the claim, and the contract shall be terminated when the copy of the complaint or the copy of the arbitration application is served on the other party, and it can be seen that the unilateral termination of the contract does not require the consent of the other party, and the parties may terminate the contract in accordance with law, and the other party has objections to the termination of the contract. A people's court or arbitration institution may be requested to confirm the validity of the rescission.
Civil Code of the People's Republic of China
Article 565:Where one of the parties claims to terminate the contract in accordance with law, it shall notify the other party. The contract shall be terminated when the notice reaches the other party; If the debtor fails to perform its obligations within a certain period of time, the contract shall be automatically terminated, and if the debtor fails to perform its obligations within that time limit, the contract shall be terminated upon the expiration of the time limit specified in the notice. If the other party has any objection to the termination of the contract, either party may request the people's court to destroy the sails or the arbitration institution to confirm the validity of the termination.
If one of the parties directly claims to terminate the contract by filing a lawsuit or applying for arbitration without notifying the other party, and the people's court or arbitration institution confirms the claim, the contract shall be terminated when a copy of the complaint or a copy of the arbitration application is served on the other party.
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If, after receiving the notice of "rescission of the contract," the other party finds that it does not meet the conditions for rescission of the contract as agreed upon or prescribed by law, and does not agree to terminate the contract, the party proposing to terminate the contract may request the people's court or arbitration institution to confirm whether the contract can be terminated. Article 490 of the Civil Code Where the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its main obligations and the other party has accepted it before the signature ruler is destroyed, stamped or fingerprinted.
Laws, administrative regulations or the parties agree that the contract shall be concluded in written form, and when the parties do not pick oak potatoes in written form but one party has fulfilled its main obligations and the other party accepts it, the Heling Beitong shall be established.
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Precautions for exercising the right of unilateral termination: 1. The notice of termination of the contract shall be written in a standardized manner, and its content must mention the statutory or contractual terms of termination and the corresponding right of termination, and the specific content shall include: (1) The fact that the contract has been concluded between the parties.
2) The fact that the parties have breached the contract and other facts that lead to the occurrence of the right to terminate the contract. (3) The right to terminate the contract as agreed in the contract. (4) An absolutely clear expression of intent to terminate the contract.
5) The right to pursue breach of contract is reserved. 2. A notice of termination of the contract shall be issued to the other party within the time limit for exercising the right to terminate the contract as agreed in the contract. 3. Regardless of the method of notification, the following conditions shall be met:
1) It is sufficient to prove that you have given the other party a notice of change; (2) the time of the judgment in rem sufficient to prove that the notice was given; (3) Indicate the main content of the notice. As to whether the other party has received it, it is only necessary to follow the usual circumstances, that is, the notice arrives at the domicile of the defaulting party or the system can arrive in time.
Article 562 of the Civil Code of the People's Republic of China provides that the parties may terminate the contract if they reach a consensus through consultation. The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.
If we want to unilaterally terminate the contract, and the other party is missing and cannot be notified, we can only go through legal procedures to protect our rights, go to the court to sue them in accordance with the relevant laws and regulations, and use the proper law to protect our legitimate interests.
Contract rescission refers to the act of extinguishing the creditor's rights and debts based on the contract due to the expression of intent of one or both parties after the contract is validly concluded. The termination of the contract means that the creditor's rights and debts relationship of the contract is extinguished, and the contractual relationship objectively ceases to exist. Termination of contract and rescission are conceptually similar, but they are very different and cannot be equated. >>>More
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The difference between the two is that the rescission contract is a contract that violates the provisions or principles of the law, and it is a contract with the right of revocation granted by law; Termination of a contract is a contract in which both parties terminate the contract on their own or meet the agreed termination conditions. The rescission of the contract itself is somewhat illegal, and the termination of the contract itself is not illegal, but it is only objectively to be terminated!
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