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Title: Civil Code CH
Category: Ministry of Justice(法務部)
Part Ⅱ Obligations
Chapter II Particular Kinds Of Obligations
Section 8-1 Travel
Article 514-1
A tourist agency is a person who carries on a business of providing a travel service for traveler and receives the expense of the travel.
The travel service specified in the preceding paragraph is to arrange an itinerary, provide communications, provide board and lodging, and a tour guide or other service.
Article 514-2
A tourist agency shall, according to the traveler's request, draw up the following entries in writing to the traveler:
(1)The name and address of a tourist agency;
(2) A roll of traveler;
(3) A travel district and an itinerary;
(4) A tourist agency provides communications, board and lodging, a tour guide or other service and its quality;
(5) What kind of travel insurance and its price;
(6) Other entries;
(7) The date of filling in it.
Article 514-3
If an action of the traveler is necessary for the travel and the traveler fails to do it, the tourist agency may fix a reasonable deadline and notify the traveler to do the action within such deadline.
If the traveler fails to do the action within the deadline specified in the preceding paragraph, the tourist agency may rescind the contract, and demand for the injury arising therefrom.
After the travel has commenced, if the tourist agency rescind the contract according to the preceding paragraph, the traveler may demand the tourist agency to pay the expense in advance for sending them to the original place where they started off. The traveler shall return it with interest after he arrives.
Article 514-4
Before the travel starts, the traveler may change to the third party instead to join in the travel. The tourist agency shall not refuse without good causes.
If the third party is being a traveler according to the provision of the preceding paragraph, and the expense increases resulting therefrom, the tourist agency may demand him to pay. If the expense reduces, the traveler shall not demand to return.
Article 514-5
The tourist agency shall not change the content of the travel without unavoidable circumstances.
If the tourist agency changes the content of the travel according to the provision of the preceding paragraph, he shall return the reduction of the expense to the traveler; he cannot gather the increase of the expense to the traveler.
If the tourist agency changes the itinerary of the travel according to the provision of the first paragraph, the traveler may terminate the contract if he doesn't consent it.
If the traveler terminates the contract according to the provision of the preceding paragraph, he may demand the tourist agency to pay the expense in advance for sending them to the original place where they started off. The traveler shall return it with interest after he arrives.
Article 514-6
The travel service provided by the tourist agency shall have ordinary value and the agreed qualities.
Article 514-7
If the travel service doesn't have the value and quality specified in the preceding paragraph, the traveler may request the tourist agency to improve it. If the tourist service doesn't improve or cannot improve, the traveler may demand for the reduction of the expense, if, under the circumstance it's hard to reach the purpose of expectation, the traveler may terminate the contract.
If, owing to circumstances for which the tourist agency is responsible to the travel service lacking the value or quality specified in the preceding paragraph, the travel may in addition to demand for the reduction of the expense or the termination of the contract, may demand for the injury.
If the traveler terminates the contract according to the provisions of the preceding two paragraphs, the tourist agency shall send the traveler to the original place where they started off. The tourist agency is bound to pay the expense resulting therefrom.
Article 514-8
If, owing to circumstances for which the tourist agency is responsible to the travel doesn't proceed according to the itinerary agreed, the traveler may demand for the injury of a reasonable sum of money which is counted by day, in accordance with the waste of time. However, the sum of the injury for each day shall not exceed the average sum of each day which the tourist agency has received from the travel outlays.
Article 514-9
Before the travel hasn't been finished, the traveler may terminate the contract at any time. However, he shall compensate to the tourist agency for the injury resulting therefrom.
The provision of the fourth paragraph of Article 514-5 shall apply mutatis mutandis to the preceding paragraph.
Article 514-10
If an accident of the body or the property happens to the traveler during the travel, the tourist agency shall give a necessary help and disposition.
The accident specified in the preceding paragraph, if, owing to circumstances for which the tourist agency is not responsible, the traveler is bound to pay the expense resulting therefrom.
Article 514-11
If the tourist agency arranges the traveler to go shopping in the specific place, and the thing which he bought is defective, the traveler may request the tourist agency to help him to dispose within one month after he received such thing which he bought.
Article 514-12
The claim for increase, reduction or return of the expense, the claim for compensation for the injury, and the claim for the return of expense paid in advance specified provisions of this section is extinguished by prescription if it is not exercised within one year from the end of the travel or the travel shall end.