What should the travel agency do if the plane is delayed due to force majeure?

I think we should be allowed to leave this group. But both parties have to bear 50% of the cost, that is, only 50% of the unfinished projects will be returned.

How do travel agencies deal with force majeure or emergencies?

20 10+0 1 The Provisions on Several Issues Concerning the Application of Laws in the Trial of Tourism Disputes, which was implemented in June, proposed that due to objective reasons such as bad weather, natural disasters, wars, strikes, terrorist incidents, government actions, public health incidents, etc., due to force majeure as stipulated in Article 13 of the Regulations, However, the law does not give the travel agency any basis and degree to judge whether any reason belongs to force majeure.

Tourism is a fragile industry, which is greatly influenced by external factors. With the development of tourism, coupled with the political turmoil in some overseas countries in recent years, the world climate environment is harsh, and disputes caused by force majeure or unexpected events that make tour groups unable to make a trip or fully perform their duties appear in large numbers. For example, in the past Spring Festival Golden Week, an * * incident occurred in Egypt; The rainstorm in Hainan at the end of last year; Further on, Thai red shirt; Yushu in Qinghai, Wenchuan in Sichuan, etc. Later, there were some travel complaints or disputes. The main reason is that the two sides have different opinions on the nature of the incident and the scope of responsibility.

Because there is a period of time between the signing of the travel contract and the tourists' trip, during which force majeure or unexpected events occur, resulting in the inability to continue to perform the travel contract, who should bear the expenses and losses arising therefrom? What should tourism enterprises do in the face of force majeure or unexpected events? What should I not do? How to guard against risks? Faced with the above problems, travel agencies should establish a normalized crisis handling mechanism.

What should travel agencies do?

First of all, travel agencies should take the initiative to inform tourists of the latest emergencies in tourist destinations and the early warnings issued by relevant government departments in the fastest way, and maintain smooth communication, answer tourists' inquiries at any time and help tourists answer questions.

According to the latest * *, the travel agency should formulate "XX Travel Safety Instructions" to let tourists know the situation of tourist destinations and solicit tourists' opinions in writing on whether to go, change or terminate the contract. If a tourist cancels his trip in writing, the travel agency shall actively cooperate with the tourist and go through the refund formalities as soon as possible in accordance with the contract or relevant laws and regulations to reduce the loss of the tourist; If the tourists clearly indicate in writing that they choose to continue traveling, the travel agency shall inform the tourists in advance of the latest situation of continuing traveling in time, and clearly inform them that in case of emergency, the travel agency has the right to change the travel itinerary for the benefit of tourists; If the tourists do not clearly indicate whether to perform the contract, the travel agency should still perform it according to the original contract and make preparations before departure.

The duty of the travel agency is to inform every tourist of the information obtained in time, so that tourists can fully enjoy the right to know and respect their right to choose. Whether tourists go to travel agencies or not, they should assist tourists in providing follow-up services in accordance with travel contracts and relevant laws and regulations.

What should travel agencies not do?

Travel agencies should not casually identify a situation as the cause of "force majeure" because there are strict legal provisions on the cause of force majeure. The General Principles of the Civil Law and the Contract Law stipulate that "force majeure" refers to an objective situation that cannot be foreseen, avoided and overcome. 20 10,1/The Regulations, which were implemented in June, 2000, took into account that due to objective reasons such as bad weather, natural disasters, wars, strikes, terrorist incidents, government actions, public health incidents, etc., the transportation service of tourist trips was delayed, scenic spots were temporarily closed, hotels and restaurants were temporarily requisitioned, and exit control was imposed. However, the law does not give the travel agency the right to determine whether the reason is force majeure according to the situation and degree. For example, the travel agency itself defines Egypt as "force majeure". If tourists cancel their trips unilaterally without explicitly exercising their right to choose, they may bear risks such as breach of contract. Special tips

Article 13 of the Regulations, which was implemented in June, 20/kloc-0+0/2000, stipulates that the travel contract cannot be fulfilled due to objective reasons such as force majeure, and the travel agency unilaterally cancels the travel itinerary. Although both of them will cancel their trip eventually, they are different. First, there are different reasons for terminating the contract. The judicial interpretation of tourism stipulates that the contract cannot be performed due to objective reasons such as force majeure, but the law does not give the travel agency the right to unilaterally determine force majeure. The travel agency unilaterally canceled the tour because of the operator's reasons, which led to the failure to perform the contract. Second, travel agencies bear different responsibilities. If the travel contract cannot be fulfilled due to force majeure, the travel agency will only refund the expenses that the tourists have not actually incurred. If the travel agency cancels the itinerary unilaterally, the travel agency will not only refund all the tour fees to the tourists, but also bear the liability for breach of contract.

Relevant laws and regulations

1. Article 107 of the General Principles of the Civil Law stipulates that if the contract cannot be performed or damage is caused to others due to force majeure, it shall not bear civil liability, unless otherwise stipulated by law.

Article 153 of the General Principles of the Civil Law stipulates that the term "force majeure" as mentioned in this law refers to an objective situation that cannot be foreseen, avoided and overcome.

13. Article 1 17 of the Contract Law stipulates that 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.

4. Article 1 18 of the Contract Law stipulates that if one party fails to perform the contract due to force majeure, it shall notify the other party in time to reduce the possible losses to the other party, and shall make an explanation within a reasonable period.

5. Article 13 of the Provisions on Several Issues Concerning the Application of Laws in the Trial of Tourism Dispute Cases stipulates that the people's court shall support the failure to perform the tourism contract due to objective reasons such as force majeure that cannot be attributed to the tourism operators and service providers. If a tour operator or tourist requests the other party to bear the liability for breach of contract, the people's court will not support it. The people's court shall support tourists who request tour operators to refund the expenses that have not actually occurred.

If the travel itinerary is changed due to objective reasons not attributable to the tour operator or the tour service provider, such as force majeure, and the tour operator requests the tourists to share the increased travel expenses or the tourists request the tour operator to refund the reduced travel expenses with the consent of the tourists, the people's court shall support it.