How to sue if the travel expenses are not refunded?

How to sue if the travel expenses are not refunded? Today, I want to share with you how to protect the rights of tourism refund disputes.

During the Spring Festival, it should be a good time for everyone to have fun. Nowadays, people not only get together at home, but also travel abroad has become an option for the Spring Festival holiday. However, I didn't expect that after the outbreak of COVID-19, all travel plans were ruined, and a series of disputes about refund of fees appeared. So, how should we rationally safeguard rights?

First of all, the epidemic situation has been characterized as force majeure by the relevant state departments, which belongs to the legal reason for the parties to terminate the contract in the contract law, and if the contract is terminated because of this reason, neither party will bear the liability for breach of contract, and the losses that have occurred will be borne separately.

1, Time: From 65438+1October 24th to now, why haven't many travel companies handled the refund problem properly?

There are many problems involved. First, there are many kinds of tourism enterprises. Only from the travel agency industry, usually a complete operation process is that tourists go to travel agencies to sign up, sign contracts and pay tour fees. The travel agency here is called a group agency; After that, organize the society to buy tourism products and services from travel agencies in tourist destinations, which we call land agencies or suppliers; In addition, airlines, hotels, car companies and so on will be involved in the process, so the refund problem needs to be negotiated with many of them, while domestic tourism is relatively simple, because domestic travel agencies or suppliers are bound by China's no-loss full refund policy. However, when traveling abroad, the refund needs to be negotiated with many overseas entities. In addition, overseas travel agencies and suppliers are not bound by China's policies, so it is much more difficult and the refund time is longer.

2. From the main point of view: Where can I complain about the refund of travel expenses? What is the way and time of separation, and what are their characteristics?

For tourism disputes, there are the following complaints:

(1) 1230 1, national smart tourism platform.

(2) the mayor's hotline

(3) 123 15

(4) District, city and county tourism bureaus

3. From the procedural point of view: What better solution should travel refund have? What are the general steps and processes?

A better solution to tourism refund is to mediate under the mediation of a third party, which must be a trustworthy subject with no interest relationship between tourists and travel agencies. Generally speaking, if there is a loss in a refund dispute, it is difficult for guests to believe the words of the travel agency or the evidence cited. Then at this time, a third party is needed to do credibility and balance the interests of all parties. Under the mediation of a third party, travel agencies and tourists should undertake their due obligations stipulated by laws and regulations, and on this basis, they should understand each other and make concessions to each other, so as to best solve the dispute over tourism refund.

4. In terms of legal provisions, contract law, tourism law, general principles of civil law and other provisions and explanations on related issues.

"Contract Law" stipulates that force majeure is the legal cause of contract termination. If the purpose of the contract cannot be achieved due to force majeure, the parties may terminate the contract.

If the contract cannot be performed due to force majeure, the liability shall be exempted in part or in whole according to the influence of force majeure, unless otherwise stipulated by law. If force majeure occurs after the delay in performance, the parties concerned cannot be exempted from their responsibilities.

Force majeure as mentioned in this Law refers to unforeseeable, unavoidable and insurmountable objective circumstances.

The Tourism Law stipulates that if the unavoidable events affect the travel itinerary due to force majeure or after the travel agency or assistant has fulfilled the duty of reasonable care, it shall be handled according to the following circumstances:

(2) If the contract is terminated, the package tour agency shall return the balance after deducting the non-refundable fees paid to the land agency or the performance assistance personnel to the tourists; If the contract is changed, the increased expenses shall be borne by the tourists, and the reduced expenses shall be returned to the tourists.

5. Five elements of rational rights protection

Element 1: read the important clause three times.

At present, there are many products booked by travel agencies and online travel websites. When some tourists choose products, they only pay attention to the price, but not to the reservation restrictions, product descriptions, entrustment terms and other contents, which leads to problems that are difficult to accept at once and affect the mood of play. After taking a fancy to a tourist product, you should read the "Booking Instructions" carefully for three times, especially focusing on some violations and exemption clauses, and then place an order to avoid disputes afterwards. If there is a "I have read and agreed to the terms of the above agreement" box on the travel website, please read the terms carefully and then select the box.

Element 2: Keep screenshots and screen shots when booking.

Due to the variability of online goods, some tourists find that the webpage is clearly written when placing an order. However, when they encounter problems afterwards and want to complain, they find that the product has already been removed from the shelf or the content of the page has been changed, so it is difficult for them to defend their rights. When booking products through travel websites, it's best to cut a screen first, especially the explanation of air ticket refund, the introduction of hotel room type, the itinerary arrangement of travel products, etc. And keep the evidence.

Element 3: Buy appropriate travel insurance.

If there are some travel losses caused by force majeure, such as this epidemic, flight delays caused by typhoons, and potential safety hazards at destinations, it is difficult for travel agencies, as non-responsible parties, to compensate their guests. At this time, an appropriate travel insurance can help tourists solve big problems. After the travel insurance is out of danger, the travel agency is obliged to provide tourists with relevant reservations and travel vouchers to help them claim compensation from the insurance company.

Element 4: Make good use of the customer policy of big websites.

Guests cannot travel for special reasons (such as pregnancy, illness, death of relatives, etc.). ), but neither airlines nor hotels can exempt guests from losses. At this time, if guests choose a large website, they can often get extra protection.

Element five: coordinate losses through the Consumers Association and the Tourism Commission.

When solving complaints, travel websites will generally provide compensation schemes to guests according to travel contracts or the Tourism Law. When the actual loss of tourists is higher than the compensation standard stipulated in the travel contract and the Tourism Law, tourists can also ask for help from the consumer associations or tourism bureaus, tourism law enforcement detachments and other institutions in their cities, and these institutions will come forward to coordinate with the travel websites and strive to share more losses for themselves.

6. Improper rights protection?

When tourists properly defend their rights, we will negotiate and dispose of them according to relevant national laws, industry laws and regulations and contractual agreements. However, if tourists make unreasonable demands, we can:

1. What should I do if I can't meet the improper needs of over-defensive tourists?

Tourists can be advised to take legal channels.

2. What should tourists do in order to seek to satisfy their improper demands, excessively defend their rights, and seek threats from relevant departments (non-tourism administrative supervision departments)?

Travel agencies have the right to include them in the uncivilized behavior records of tourists, and report them to industry organizations and superior regulatory authorities to provide corresponding evidence for publicity.

Legal basis: Interim Provisions on Records of Uncivilized Behavior of Tourists promulgated by the National Tourism Administration.

Chapter II Article 14 Tourists shall not harm the legitimate rights and interests of local residents, interfere with other people's tourism activities or harm the legitimate rights and interests of tourism operators and tourism professionals in their tourism activities or when settling disputes.

Chapter II Article 15 Tourists who violate the safety warning regulations or fail to cooperate with the state's temporary measures to restrict tourism activities, safety precautions and emergency measures to deal with major emergencies shall bear corresponding responsibilities according to law.

In addition, if tourists' excessive rights protection causes personal injury or property loss to travel agencies and employees, they can also claim compensation from tourists.

Legal basis: Article 14 of the Tourism Law, tourists shall not harm the legitimate rights and interests of local residents, interfere with other people's tourism activities, or harm the legitimate rights and interests of tourism operators and tourism professionals in their tourism activities or when resolving disputes.

Seventy-second tourists who damage the legitimate rights and interests of travel agencies, performance assistants, tourism professionals or other tourists in tourism activities or when resolving disputes shall be liable for compensation according to law.

7. What can I complain about?

(1) Tourists suffer personal injury or property damage;

(2) Tour guides and tour leaders violate professional norms during the trip, such as not wearing a tour guide card, forcing shopping, changing the itinerary, etc.

(3) Travel agencies have irregular behaviors in signing contracts.

(4) False propaganda by travel agencies, including false prices or false tourist destinations.