Common legal issues of summer study tour service contracts

Summer study Tours are a vacation option for many families - to broaden their horizons, gain the joy of travel, and kill many birds with one stone. However, when signing and performing the study tour service contract, consumers often ignore the legal risks that may exist in the contract. This article reviews the common legal issues related to study tour service contracts, hoping to be helpful to you.

01, what is the summer study tour service contract?

Study tour, that is, “study + play”. The concept of “study tour” was first put forward in the Outline of National Tourism and Leisure issued by The General Office of the State Council in 2013. In 2016, 11 departments including the Ministry of Education jointly issued the “Opinions on Promoting Study Tourism for Primary and Secondary School Students”, and since then study Tours have become increasingly popular.

The summer study tour (research) service contract generally refers to the agreement signed between consumers and education and training institutions or travel agencies, which specifies the rights and obligations of both parties on vacation research. The nature of the contract is a travel service contract. A study tour service contract usually includes terms such as service content, fee, time limit and liability for breach of contract. Different from the general travel service contract, the study tour service contract generally contains the agreement on the “study” part, as well as the provisions on the safety protection of minors.

02, summer study tour service contract signing, performance, should focus on what issues?

(1) The qualification of the organization?

On May 1, 2017, the “Study Travel Service Standard” was officially implemented. The “Service Specification” clearly stipulates that the [research supplier] should have the corresponding business qualifications and service capabilities. [Study organizer] should be a legally registered travel agency with AA level or above qualification. In terms of personnel allocation, it is necessary to equip full-time personnel of the research department, security officers, tour guides, research tutors and project leaders. In addition, we should also pay attention to avoid the problem of beyond the scope of business, and avoid companies registered in the name of various consulting companies and intermediary agencies to actually undertake study tour services.

We suggest that consumers choose study tour institutions, multi-comparison, careful research, to avoid being misled by false propaganda. Because of professional research institutions, with more perfect service experience, product solutions, quality and safety assurance. At the same time, when the research provider, that is, the intermediary, the education and training institutions, it is best to fully understand the qualifications and past performance of the research and education undertakers.

(2) How to agree on the study tour fee?

Training fees usually include teacher fees, travel expenses, materials and so on. When signing the contract, both parties shall specify the composition of the fee, details of the amount, payment method, refund policy and other terms, and both parties shall agree on the liability for breach of contract.

Since research matters include uncertain factors such as funding methods and research locations, clear contract agreements can clarify rights and responsibilities when disputes occur, and provide efficient solutions.

For example, in case No. 3277 of (2024) Lu 07 Minend, because the contract clearly stipulated the refund items that were temporarily unable to participate for personal reasons, the consumer avoided unreasonable restrictions on the refund by the oral agreement of the service agency and successfully obtained the refund.

We advise consumers to focus on fee agreements. Because fee disputes and personal safety disputes are the two most common types of disputes in study tour service contracts, a clear agreement can reduce the cost of rights protection.

(3) How to guarantee the quality of study Tours?

The study tour service agency shall provide the service of the service agreement standard, including the study tour content, teachers, study tour environment, travel level, etc.

In order to ensure the quality of the study tour, consumers can, when signing the contract, require the education and training institutions to clearly promise the study tour attractions, travel methods, catering and accommodation standards, teachers, etc., and agree on the corresponding liability for breach of contract. If the study tour service agency fails to provide corresponding training services in accordance with the contract, the consumer has the right to demand that it bear the liability for breach of contract.

For example, in the case of (2018) Beijing 01 Minend 8388, the child followed a dance troupe on a performance tour. This is a common form of study tour. However, the study tour service agencies have falsely promised the accommodation conditions, and the actual accommodation conditions are far from the publicity promises. On this basis, the parents successfully claimed the price difference through a lawsuit.

We recommend that the various types of service quality regarding study Tours be clearly agreed upon in the contract or clearly reflected in the communication record, so that in the event of a service quality dispute, consumers can provide sufficient evidence to support their claims. At the same time, we also recommend that the study tour service operators do not violate the Advertising Law and other legal provisions and false publicity that is inconsistent with the facts. Sincere hospitality, can benefit the long-term.

(4) Can the study tour be rescheduled?

When signing a study tour service contract, consumers should pay attention to the arrangement of study tour time. Study tour service agencies and consumers should clearly agree on the study tour time, and consumers should follow the principle of good faith and participate in the study tour according to the agreed time.

In case of force majeure and other special circumstances, both parties may negotiate to postpone or terminate the contract. If the study tour institution has multiple batches, it can also negotiate the replacement time. However, it should be noted that if the contract is terminated or the study tour cannot be completed due to the reasons of the study tour service agency, it shall bear the corresponding liability for breach of contract, and the consumer can request it to pay compensation.

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Article 69 Travel agencies shall perform their obligations in accordance with the provisions of the package tour contract and shall not change the travel schedule without authorization.

Article 70 Where a travel agency fails to perform its obligations under a package tour contract or fails to perform its contractual obligations in accordance with the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or making compensation for losses according to law.

(5) Beware of malicious cancellation of non-performance

In reality, some education and training institutions, fitness service companies, travel service enterprises, in the face of business difficulties, or for the purpose of evading legal responsibility/illegal profit, by deliberately cancelling the company, to avoid contractual obligations and legal supervision, seriously damaging the rights and interests of consumers.

For example, in case No. 36637 of (2020) Guangdong 0106 Minchu, the study tour service company maliciously cancelled the company to argue that it did not need to bear any relevant responsibility. The court ruled that the liquidation of the company was flawed, and ordered the members of the liquidation group to be liable for compensation for consumer losses caused by malicious cancellation of the company's evasion of the performance of the study tour contract because they were lazy in fulfilling their statutory liquidation obligations.

Although compensation can be recovered through litigation, litigation is inevitable. Therefore, we recommend consumers to do the following when choosing a study tour service provider:

· Choose a formal organization. Consumers can give preference to institutions with formal credentials, a good track record and, at least, the appearance of financial strength.

· Review the contract terms. Consumers should properly keep consumption records, communication records, payment vouchers, course materials, contracts and other related materials. These evidences will play a key role in the future protection of rights.

· Focus on institutional winter. Consumers should pay attention to the business dynamics and public opinion information of the institution, and take timely measures to avoid or reduce losses when abnormal situations are found.

03, the summer study tour service contract in the form of terms

In order to make the contract efficient and convenient, most of the study tour service contracts adopt the standard clauses prepared in advance by the institutions. This clause is liable to give rise to refund disputes. The main standard terms in the study tour service that are prone to dispute include: restricting consumers' cancellation and refund rights; Exempting travel agencies from the responsibility for security protection through standard terms; Transferring expenses borne by the business operator (insurance premium, travel price difference, etc.) to consumers; Extending the rights of travel agents through standard clauses, etc.

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Article 496, paragraph 2 of the Civil Code, where a contract is concluded with standard terms, the party providing the standard terms shall determine the rights and obligations of the parties in accordance with the principle of fairness, and take a reasonable way to draw the attention of the other party to the provisions that have a major interest in the other party, such as the exemption or reduction of its liability, and explain the provisions in accordance with the requirements of the other party. If the party providing the standard terms fails to perform the obligation of presentation or explanation, so that the other party does not pay attention to or understand the terms in which it has a major interest, the other party may claim that the terms do not become the content of the contract.

Article 65 If the tourist terminates the contract before the end of the tour itinerary, the travel agency shall refund the balance to the tourist after deducting the necessary expenses.

Article 12 Where a business operator provides consumers with standard terms, notices, statements, shop notices, etc. for the use of commodities or services, it shall draw the attention of consumers in a prominent way to the contents of major interests of consumers, and explain them in accordance with the requirements of consumers, and shall not make provisions containing the following contents: (5) Provide that business operators have the right to arbitrarily modify or terminate contracts, and restrict consumers' right to modify or terminate contracts according to law.

For example, in case No. 1526 of Zhejiang Hangmin Zhuzi (2015), although it is stipulated in the Tourism Contract that anyone who proposes to terminate the contract within 30 days before the trip shall bear the liability for breach of contract of 100% of the study tour expenses. However, the court ruled that the relevant provisions exempted the travel company from the civil liability, and the travel company did not make a reminder of the refund terms, so the judgment deducted the actual expenses, the rest of the expenses should be refunded.

For another example, in case No. 177 of the Early Republic of China (2020), Liao 1103 stipulated in the education consulting service contract of Dubai study tour that the actual services provided should prevail. In the actual study tour process, there was a situation of “only traveling but not studying”, but the fees charged were significantly higher than the travel fees in Dubai. The court ruled that the contract could be revoked because the standard terms were obviously unfair and invalid.

In this regard, it is suggested that in order to avoid the invalidity of the standard terms, the study tour service operators should not violate the mandatory provisions of the law when drafting the contract, and fully fulfill the obligation of notification when signing. Consumers should also understand the relevant legal knowledge, avoid trusting each other's rhetoric, too much to give up their legitimate rights and interests.

04. Personal protection in study tour service contract

(1) Protection of personal information

When signing a study tour service contract, consumers need to pay attention to the protection of personal information, should carefully read the contract terms, and pay attention to the contract on the protection of personal information. Study tour service agencies shall respect consumers' right to privacy and shall not illegally collect, use, disclose or transfer consumers' personal and sensitive information. If the organization collects and uses the relevant information for unauthorized commercial purposes, such as marketing, advertising, customer promotion, etc., in addition to the “notice-delete” rule, it may also be liable for infringement.

For example, according to Fengtai Times, in September 2023, the Fengtai District Cultural and Tourism Bureau received reports from the masses and investigated and confirmed that the tour guide of the tour company released the personal information of tourists to the wechat group of the tour group, resulting in the leakage of personal information. Law enforcement officers stopped violations in accordance with the law and imposed fines on travel agencies.

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Article 29 In collecting and using consumers' personal information, business operators shall follow the principles of legality, legitimacy and necessity, express the purpose, manner and scope of the collection and use of information, and obtain the consent of consumers. Business operators collecting and using consumers' personal information shall disclose its collection and use rules, and shall not violate the provisions of laws and regulations and the agreement between the two parties to collect and use information.

Article 50 (3) of the Rules for the Implementation of the Regulations on Travel Agencies shall not disclose to other operators or individuals the personal information provided by tourists as a result of signing tourism contracts.

Business operators and their staff must keep the personal information collected by consumers strictly confidential and must not disclose, sell or illegally provide it to others. Business operators shall take technical measures and other necessary measures to ensure information security and prevent the disclosure or loss of consumers' personal information. In case of information leakage or loss occurs or may occur, remedial measures shall be taken immediately.

Therefore, we suggest that operators of study tour service agencies should pay full attention to the protection of consumer privacy, collect only necessary personal information, and delete or anonymize according to law after the end of the contract. For consumers, who have special needs for personal information protection, they should inform the study tour service agency in a timely manner, and implement it in the contract, and stipulate the liability for breach of contract. Organizations that violate personal information and privacy should bravely defend their legitimate rights and interests, and protect personal privacy through consultation, complaints, and lawsuits.

(2) Personal safety protection

The journey is always full of accidents, and the study tour service itself has the obligation to ensure the safety of tourists participating in the trip. In particular, most of the participants are younger and less self-protective than adults. This requires travel agencies to pay more attention to safety training, rules and regulations, and security personnel. When signing a summer study tour contract, parents should also pay attention to the terms in the contract on security, accident insurance and safety responsibility, to avoid accidents, but also to provide a basis for later rights protection.

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Article 4 Tourism operators shall bear the main responsibility for tourism safety, strengthen safety management, establish and improve safety management systems, pay attention to safety risk early warning and tips, and properly respond to tourism emergencies.

Tourism employees shall strictly abide by the safety management system of their own units, receive education and training in production safety, and enhance the ability to prevent and deal with tourism emergencies.

For example, the “Zhejiang Rule of Law Daily” once reported on a dispute related to research in a scenic spot. Due to the equipment failure of the practice base during the student's research, the student fell and injured, resulting in disability. The practice base, as the organizer of the study, bears the responsibility for compensation for losses, and the court also sends judicial recommendations to the Education Bureau and the Culture and Tourism Bureau to promote the safety and standardization of the study and tourism industry.

Safety first, must be implemented. In this regard, we recommend that study tour service providers should: ensure that study tour sites and programs comply with mandatory legal and safety standards; Equipped with necessary security personnel, teachers, facilities and equipment; Establish a safety management system and responsibility system to ensure the appropriate investment of funds. It is also recommended that consumers examine the safety qualification and management level of service organizations when signing study tour service contracts.

05. Ways to resolve disputes

Consumers should pay attention to the dispute resolution clause in the contract to avoid the other party to set unreasonable restrictions on rights protection, resulting in an increase in the cost of rights protection. After a dispute occurs, the two parties may resolve the dispute through negotiation, mediation, arbitration, litigation and other means, or through the complaint or complaint of the government administrative department or mediation of the third party platform. In short, when resolving disputes, both the study tour service agency and the consumer should adopt a rational and friendly way as far as possible to deal with them, avoid ineffective communication, and resolve the contradictions between the two parties.

Dehe Tips

Pay attention to the details of the contract and clarify the rights and responsibilities of both parties.

Understand the qualifications of the organization and understand the refund policy.

Compare the quality of service and make sure to schedule it.

Pay attention to organization dynamics and be alert to malicious logout.

Format terms do not omit, protect personal information.

Clear safety responsibility, safe and happy study tour.

Study tour is a special form of education that is full of challenges, unknowns and gains. Dehe Weibao Committee hopes that study tour service agencies can create excellent study tour products in strict accordance with legal provisions and industry standards; It also reminds students and parents who are interested in studying abroad to pay attention to the legal risks involved, so that when preparing for and carrying out the study tour, they will be safe and fruitful.