I can also handle it as calmly as possible. Then, what disputes often occur, and how to solve them if encountered? Let's get to know it together!
What legal problems will tourism encounter? First, are low-priced groups, shopping spots or self-funded projects legal?
(1) Unreasonable low-cost travel is risky, and travel agencies may get kickbacks by tricking tourists into shopping or participating in paid tours. Sign up for tour groups, don't be greedy for cheap, and avoid some obviously unreasonable low-cost tours, such as "8 yuan Qian You Guilin, Sufu Bibimbap" on the news before.
(2) If there is an agreement in the contract, specific shopping places can be designated and additional paid tours can be arranged. Whether there are shopping spots and self-funded items in the itinerary depends on the contract. Please read the travel itinerary carefully before you travel.
(3) After being cheated into shopping, you can ask the travel agency to return the goods for you within 30 days after the end of the travel itinerary, and pay the refund in advance.
The premise of this situation is "cheated shopping", and normal shopping activities are not included. When you travel and see colorful goods, you are prone to impulsive consumption. Please be careful before paying.
2. What should be included in a regular travel contract?
(1) Read it carefully before signing the travel contract. A formal and legal travel service contract includes: travel contract+travel-to-travel itinerary+tour guide service fee.
(2) Entrust other travel agencies to sell tourism products: travel contract+travel itinerary+tour guide service fee+basic information of entrusting agency and agency.
(3) Travel contract+travel itinerary+basic information of travel agency+tour guide service fee.
(4) A package tour contract includes: (1) Basic information of travel agencies and tourists; (2) Travel itinerary; (3) The minimum number of tour groups; (4) Arrangements and standards for tourism services such as transportation, accommodation and catering; (five) the specific content and time of sightseeing, entertainment and other projects; (six) free time schedule;
(seven) travel expenses and payment terms and methods; (eight) the liability for breach of contract and the way to resolve disputes; (9) Other matters stipulated by laws and regulations and agreed by both parties.
Third, the number is not enough to form a group?
(1) If the number of people who can't join the tour group can't reach the agreed number, the package tour agency can notify the tourists to terminate the contract in advance, including at least seven days in advance for domestic tours and at least 30 days in advance for outbound tours.
(two) with the written consent of the tourists, other travel agencies may be entrusted to perform the contract, and the responsibility shall be borne by the original travel agency, and the entrusted travel agency shall bear the responsibility for the travel agency.
(3) If the tourists do not agree, they can terminate the contract, and the package travel agency shall refund all the expenses.
4. Can tourists transfer the contract if they can't travel by themselves?
(1) Before the tour starts, tourists can transfer their rights and obligations in the package tour contract to a third party.
(2) The tourists transfer their rights and obligations in the travel contract to a third party, except that the travel agency has justified reasons, such as the age and health status of the tourists as stipulated in the travel contract, and the transferred third party is inconsistent with the original travel contract. Under normal circumstances, travel agencies shall not refuse the transit of tourists.
5. What should I do if there is a dispute during the tour?
There are many ways to solve disputes during travel, which can be solved in time, such as negotiation between the two sides; It can be solved in the tourist destination, such as complaining to the local consumer association; You can keep the evidence and go to an arbitration institution for arbitration or bring a lawsuit to the court after the trip. There are various solutions, so you can index them as needed.
Explanation of technical terms of intransitive verbs
Article 65438 of the Tourism Law +0 1 1 The meanings of the following terms in this Law:
(1) Tour operators refer to travel agencies, scenic spots and operators that provide services such as transportation, accommodation, catering, shopping and entertainment for tourists.
(2) Scenic spots refer to places or regions that provide sightseeing services for tourists and have clear management boundaries.
(3) The package tour contract refers to the lump sum contract where the travel agency arranges the itinerary in advance, provides or provides two or more tour services such as transportation, accommodation, catering, sightseeing, tour guide or tour leader through the performance assistant, and the tourists pay the travel expenses, including the "free travel" contract.
(4) A package tour agency refers to a travel agency that has concluded a package tour contract with tourists.
(5) The land agency refers to the travel agency that accepts the entrustment of the group agency and receives tourists at the destination.
(6) Fulfillment assistant refers to a legal person or natural person who has a contractual relationship with a travel agency, assists it in fulfilling its obligations under the package tour contract and actually provides relevant services.
How to protect rights in the event of disputes in tourism consumption? First of all, passengers should negotiate with tour operators-secondly, ask consumers' associations for mediation-appeal to relevant administrative departments-submit to arbitration institutions for arbitration according to the arbitration agreement reached with operators-and bring a lawsuit to the people's court.
2. Tourists can seek legal rights protection in the following circumstances:
(1) The travel agency fails to perform the contract or agreement;
(two) the travel agency fails to provide tourism services according to the quality price, or fails to meet the service quality standards agreed in the contract due to the fault of the travel agency;
(three) the travel agency service does not meet the national standards or industry standards;
(four) the operator intentionally or negligently caused the damage or loss of tourists' luggage;
(five) the operator intentionally or negligently causes personal and property damage to tourists;
(six) the operator fraud, damage the interests of tourists;
(7) The tour guide asks for tips or kickbacks privately;
(8) Other acts that damage the legitimate rights and interests of tourists can complain and report to the first customs department.
Third, when tourists write letters of complaint, they should truthfully reflect the situation. In addition to stating personal information, complaints, facts and reasons, he should also keep evidence, that is, proof materials related to facts, such as contracts, travel itinerary, air tickets, tickets for scenic spots, invoices, receipts, etc.
In addition, the tourism quality supervision and management office does not charge acceptance fees for tourism complaints. The limitation period for tourists to request protection of their legitimate rights and interests is 60 days. The limitation period of complaint shall be counted from the time when the complainant knows or should know that his rights have been infringed, and overtime shall not be dealt with.
What are the common types of tourism disputes? First, the travel agency unilaterally breached the contract.
When the travel agency changes the contents of the contract without authorization after collecting tourists' fees, or only collects money and does not provide services. At this time, tourists should keep relevant vouchers such as compensation for losses paid in advance, loss of extra expenses paid for services and so on.
Second, the travel services provided by travel agencies have shrunk significantly.
For example, if the contract stipulates that tourists stay in hotels above three stars, but actually only stay in ordinary hotels, the promised service standard will be reduced. Tourists record the "shrinkage" of service quality through taking photos and photography.
Third, the travel agency caused the loss of tourists' luggage.
For example, hotels arranged by travel agencies do not have security guarantees, resulting in the theft of tourists' property; When a tourist visits a scenic spot, the travel agency fails to fulfill its custody responsibility, resulting in damage, loss or theft of the tourist's property. Visitors need to make a list of lost and stolen items and take photos of the damaged items.
Four, the travel agency intentionally or negligently caused personal injury to tourists.
Tourists should obtain hospital medical records, discharge summaries, doctor's orders, medical expense invoices, appraisal conclusions (including disability grade, treatment rest, nutrition and nursing period), appraisal fee invoices, proof of income reduction due to missed work, household registration book or temporary (residence) residence permit,
Salary certificate, personal income tax payment certificate, social security fund statement, nursing staff salary certificate, etc. To prove the material losses suffered by personal injury, the scope and standard of compensation.
5. Travel agencies cheat tourists and harm their interests.
For example, recommending and selling fake and shoddy goods to tourists, making excuses and increasing tourists' fees without authorization. Tourists get invoices, receipts and other related documents.
6. Travel agency employees accept kickbacks or ask for tips.
For example, some tour guides turn tour guides into "shopping guides", cajoling tourists into shopping in a certain store, asking them for kickbacks, or directly asking tourists for tips.
Be careful when traveling and master some legal knowledge properly. In case of emergency, tell yourself to calm down, so that things don't need to expand. Finally, I hope everyone can travel safely and happily!