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CONTRACTS IN TOURISM

WHAT IS CONTRACT???
 Contract is an agreement with
specific terms between two or
more persons or entities in which
there is a promise to do something
in return for a valuable benefit
known as consideration. Since the
law of contracts is at the heart of
most business dealings, it is one of
the three or four most significant
areas of legal concern and can
involve variations on
circumstances and complexities.
 The existence of a contract requires finding the following factual
elements:
 a) an offer;
 b) an acceptance of that offer which results in a meeting of the minds;
 c) a promise to perform;
 d) a valuable consideration (which can be a promise or payment in
some form);
 e) a time or event when performance must be made (meet
commitments);
 f) terms and conditions for performance, including fulfilling promises;
 g) performance.
There is a large variety of types of contracts according to the activity they cover, and
the way they are drawn up largely depends on the house style of the respective company.
Some of the most common types of contracts include:
 1. agency contract
 2. building contract 8. franchising contract
 3. charter party 9. contract for rental
 4. banking guarantee contract 10. insurance contract
 5. concession contract 11. leasing contract
 6. consulting contract 12. licence contract
 7. factoring contract 13. sales contract
 14. lease-back contract
15. management contract


 SALE CONTRACT OF A TOURIST PACKAGE.
 The tourist has the right to receive a copy of the sale contract of the tourist package,
drawn up in written form and signed by the organiser or seller. The contract contains
the following elements:
 a) destination, duration, starting and ending date, where periods of stay are
involved, the length of the same with relevant starting and ending dates;
 b) name, address, telephone number and details of the authorisation to practise of
the organiser or intermediary signing the contract;
 c) price of the tourist package, regulations for its revision, duties and taxes on
landing, disembarkation or boarding services in ports and airports and any other
expenses charged to the tourist;
;
 d) the amount, up to a maximum of twenty-five percent of the price, to be
paid on booking, and the deadline for the payment of the balance; the
aforementioned amount is paid by way of a deposit but the effects are not
produced if withdrawal depends on unexpected circumstances that are not
attributable to a given party or that are justified by serious non-performance
on the part of the other party;
 e) details of the mandatory insurance cover and of any other policies agreed
upon with the tourist;
 f) the means, characteristics and categories of transport to be used, the
dates, times and points of departure and return, type of place assigned
 g) where the package also includes air transport, the name of the carrier and any
non-compliance with the regulations of the European Union;
 h) where the tourist package includes hotel accommodation, its location, its
tourist category, degree of comfort, its suitability to accommodate disabled
persons, and its main features, its compliance with the rules of the Host Member
State concerned and the meal plan;
 i)itinerary, visits, excursions or other services which are included in the tourist
package, including the presence of tour leaders and tourist guides;
 l)the deadline for informing the tourist in the event of cancellation of the trip
due to failure to reach the minimum number of participants required;
 m) specific agreements regarding travel arrangements expressly reached between
the organiser or the intermediary and the tourist at the time of booking;
 n) any expenses charged to the tourist for transferring the contract to a third party;
 o) period within which the tourist must present any claims concerning non-
performance or improper performance of the contract;
 p)period within which the tourist must communicate his choice regarding the
amendments to the contractual conditions

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