Law Tourism Law

Tourism regulations case analysis (A) After L Beijing International Travel Agency obtained the "International Tourism Business License", they organized a 14-day trip to Thailand, Hong Kong and Macao, with 16 people participating. This travel agency was in too much of a hurry to compare options with operators on the ground, just to find a travel agency in Hong Kong. Due to poor organization by the ground operator, there was no accompanying in the Thailand part and not many attractions to visit. The claim that Zhang went to Beijing again after returning to Beijing is made by this agency, which is not our responsibility. Zhang complained to the Tourism Quality Supervision Bureau and found that the travel agency's quality payment guarantee only required US$60 million. Sheng Q: What’s the right excuse for traveling? lIf the institution is unable to remedy the situation, does quality assurance apply? (B) L is a good travel agency for summer travel. We organize trips to newly developed islands in Shandong. In an organization, in order to ensure a certain profit, other local agencies promote the negotiation of a unified price, which is much higher than the cost price. After more than thirty people organized it. This determines the beauty of the scenic spot, which is unforgettable. Many tourists are very interested in taking pictures, including two guests who climbed up a steep hillside with a strange shape, became unstable, fell, and suffered fractures. : After two claims, I used the excuse of traveling to go home. "This is the reason why the tour guide did not give a reminder. It has nothing to do with the agency's investigation. The guide did not make a reminder. We hope this person will guide and ask 2. The two then went to the Quality Supervision Bureau to complain. L 1. I asked if the security deposit is applicable? L 2. What are the violations committed by the travel agency? L 3. Is it an infringement of guidance? (3) Beijing Xingcheng One-day Tour organized a trip for three people, and the price was 198 yuan/person. The contract was well written. However, the car found that the "luxury air-conditioned car" contracted out became a Beijinger (Puke), until the locals could still find the "three-star double standard" of accommodation, with the "fourth prize" and expressed as a public company when traveling. *** Toilet, tour guide Ma said: "The three scenic spots arranged by the Agricultural Bank of China Travel Agency are not interesting. Xingcheng has just developed the A D scenic spot which is more interesting. It is recommended to go. The tourists were very excited and everyone went. At this time, the tour guide said that in order to commemorate the development of scenic spot D, a set of stamps was launched locally for 60 US dollars, but the one she bought was only 45 yuan. The tourists were quite annoyed. After returning to Beijing, they asked the agency to compensate half of the travel expenses (9.9 billion U.S. dollars). The travel agency explained: "Xingcheng is a newly developed city, and many facilities are not perfect because it is the peak season. Samsung cannot get a room and only sets up stars and luxury air-conditioned cars instead of ordinary passenger transport companies. The transport company claims that the room should be The reason is 80 yuan, and the agency can refund the room price difference of 40 yuan. Q: .. L 1. The agency believes that compensation is justified. Why, what fee (if applicable) quality deposit L 2. What is Ma’s illegal act? How to deal with it? L 3. If you are dissatisfied with the tour, do you have the right to reconsider and litigate? 4. When applying for reconsideration, the tour guide said that the tour guide has the right to adjust or change the planning and reception of tourism activities, and the government does not sell goods. , without permission as the right to be punished, she was correct in asking Ma as an excuse: (4) Li, a third-year student majoring in Korean at the University of Foreign Studies, has always been very yearning for the tourism industry, from her freshman to her junior year. Test, but no one has passed. Summer internship to A international travel agency to accumulate some practical experience for the next exam. The international travel business was very busy, but unfortunately, Li was caught by the law enforcement authorities. 1. What violation did I ask him? How did the law enforcement manage this transaction? L 2. Li was dissatisfied with the travel agency and asked if he had the right to travel? For Korean guests, is it possible to make a reservation with a travel agency? (5) This group of travel guides from Shanghai to Kunming is a group of 26 people. On boarding the train in Shanghai, it was suddenly discovered that a child was added according to the regulations. Report immediately. The agency responded: "No, if delegation goes, the child incurs additional costs by the parents. They agreed with the original 3,200 yuan/person compared to 2,000 yuan/person for children. "When the group went to the Kunming World Expo, the group fee for the Expo show was not included in the 2,000 U.S. dollars, and each four children paid half the fare of 50 yuan. The teacher disagreed, and there were speculations about private tours, suspects, and the tour guide was annoyed. A teacher called 110. As the tour progressed with others, Quan Chai was taken to the police station for an interview. Quan Chai became more and more angry and asked for permission to call back to the travel agency, while the four teachers considered suspending Quan Chai's tour guide service. After complaining to the Quality Supervision Bureau, Shanghai. L. terminated the tour guide behavior contract? (6) When L Yangzhou, tour guide Xu "Wu Yi" was invited, he was detained to guide local law enforcement officials in Zhejiang on the grounds of guiding behavior. The tour guide must punish the unit that provides the tour guide service to be appointed by the travel agency, and the tour operator shall not privately contract or otherwise directly contract the tour guide to guide the commercial conduct. L 1 Will Xu have the right to reconsider whether it is satisfactory. L 2, Xu's. The behavior is a private contracted tourism business? If it is, how to punish it? (7) During the tour, the guide suggested to tourists and other people that they did not understand and often spoke some language that did not respect the Muslim nation. .

Therefore, the group planned to complain to the tourism bureau, that is, the tourists visited after being verbally abused, which insulted the other person's personal dignity. L 1. What does the guide violate? L 2. How to deal with tour violations? (8) Mr. Qian from Suzhou and a team went to Changbai Mountain Travel Agency. This was the autumn day on the second day before climbing. Tourists must ask Qian if he had more dressing. Qian replied: No, you can travel light. It went really well and the group climbed onto the roof. On the second day of cooling, three tourists suffered from frostbite. One had severe frostbite on his nose and the tour guide needed treatment. The tour guide said that it was improperly caused by his own warming of the three of you. After the treatment, the three of them went back to Suzhou to claim compensation. The agency does not admit responsibility and should be responsible for finding a tour guide. L 1. Can the travel agency be exempted from liability? L 2, the travel agency found this excuse not to work, and a meter said that the weather in Changbai Mountain was force majeure and had nothing to do with the club. Yeah? L 3. Seeing that tourists have no hope of claiming compensation, it is recommended that the retention money be paid to the Quality Supervision Bureau. Is this applicable? LDo you have travel liability insurance? The tourists were still upset and demanded that the tour guide be punished. The tour guide asked what illegal behavior it was? How to punish? (9) ●Huangshan Sanatorium for veteran employees of the Shanghai Railway Bureau. Ma was 72 years old. It was a rare opportunity and they brought their grandson. After taking an overnight bus to reach the destination, Ma passed away on the bus, and his family set up a self-proclaimed travel agency. L 1. Ask if quality assurance applies? L 2. It was found that the elderly man suffered a heart attack due to fatigue. Is travel liability insurance applicable at 0:20? (10) When a tourist group travels abroad and Zhang’s shopping cell phone is lost, no matter the warranty. What if tour guides and tour operators don’t remind you, no matter what it is? (11) In 1997, Wang, a tour guide from an international travel agency, was tried and found guilty of negligent injury by the People's Court. Because of his behavior as a minor, he was exempted from criminal punishment. In 1998, the tourism administration department revoked the tour guide license in serious cases because of the emphasis on consumption by tourists on tour guides. In 2005, Wang passed the qualification examination as a tour guide and the tour guide obtained a certificate. But its application to the tourism administration department in the collection of tour guide certificates is rejected by the tourism administration department. Mr. Wang is dissatisfied with this specific behavior of the tourism administrative department, and the tourism administrative department shall reconsider the level of the tourism administrative department. Please apply for legal knowledge and answer the following questions: (1) Does Shenghong have the administrative power to refuse reconsideration of the travel guide certificate issued by the tourism administrative department? What is its legal basis? L (2) Comment on the tourism administration’s refusal to issue the King’s Tour Guide Certificate correctly? What is its legal basis? (L)L In June 2006, a delegation led by Xu, a staff member of an international travel agency, visited China and France as a tour guide. Travel during the tour. Tourist Xu saw a camera that was small and portable, but fully functional. After asking, the price of the camera was cheaper than in China in France, and then discussed with the tourists to buy the camera. Therefore, the tourism administration is punished. Please use legal knowledge to answer the following questions: L (1) Tour guide Xu, can tourists buy foreign goods? Why? L (2) According to what regulations Xu is punished by the tourism administration department? What are the specific regulations? (13) When tourists come to make travel reservations, the travel agency pays 200 yuan for the double standard of life star and charges 10 yuan. At this time, when the tourists check in, the hotel quoted a price of 180 yuan and it is found that the principle is violated. (14) Sheng Li signed up for a five-day trip to Hainan. He registered on March 2, 2005 and prepared to leave on April 2, 2005. At this time, the travel fee is 1,680 yuan per person, including 1,100 yuan for tickets. However, when the ticket price management adjusts on March 20, the status of discounted tickets cannot be too low. So tickets are over 220 yuan through 1100 yuan to 1320 yuan. L 1, as scheduled travel agency, who will bear the additional USD 220? L 2. Due to the insufficient number of groups, the original appointment was to depart on April 2, but on April 2, so Li was notified on April 1 that due to the insufficient number of groups, he could only cancel the business. At this time, Li has paid the entire fee of 1,680 yuan, but he just asked if the travel agency should refund the 1,680 yuan at this time? Could this be appropriate deposition? L 3. After negotiation, they changed the agreement and traveled on April 20. Did this change the contract or transfer the contract? Rising 4, something unexpected happened. On April 10, due to state management, ticket prices were adjusted. If the ticket price rises, who bears the additional cost of the tickets at this time? ② If it becomes the air ticket price drops to 810 yuan, which party will refund the excess cost? L 5. If non-itinerary adjustments are made at this time, but Li’s itinerary is made on April 20, the country’s ticket price management will be adjusted at this time. If the ticket is listed, which party bears the additional cost? lIf the ticket price drops, to which party will the additional fee be refunded? L 6. If the non-government season and oil prices rise, the air ticket cost will be adjusted, which will lead to an increase in air ticket prices. However, because the price adjustment has increased by 220 yuan at this time, which party will bear this additional burden? (15) Sheng Li made a five-day trip to Hainan in his name on March 2, 2005, and prepared to participate in April 2, 2005, with the cost starting from 1,680 yuan/person.

L 1. Li paid the first 600 yuan, which was marked as a "deposit" receipt, but Li's items were not empty on April 2, so can Li request a refund of the deposit? L 2, study tour, only charged 300 US dollars, and received another one marked "deposit". Li did not go out, and asked if he could get back 300 yuan? L 3. If only the agency charges 300 yuan and marks it as "deposit" on the receipt, inform Mr. Li on April 1 that because he is the only one on the project and cannot make the trip, now in order to refund the 300 yuan, 10% of the advance payment will be charged. % as penalty. May I? Up to 4, if you pay a deposit of 300 yuan, but Li tells yourself not to go, what can you do to ask for a refund? L 5. If the down payment is 300 yuan for Li, the receipt just says: "Today, Mr. Li received 300 yuan." If something happens and Li can't go later, what's the problem with the refund? (16) L 30 people are traveling in Shenzhen, preparing a delegation to travel to Beijing from 2.10 to 2.14, planning a trip to the Great Wall on 2.10, a tour of the Forbidden City on 2.11, a trip to the Temple of Heaven on 2.12, 2.13, 2.14, etc. After arriving in Beijing, the tour guide said that the route was unreasonable and should be the most beautiful last tour, which would be the 14th of the 10-day interest rate swap. While snowflakes were falling in Beijing on the 13th, the Great Wall could not be visited. L 1. Is it okay for tourists to complain and ask for punishment of the tour guide? L 2. If tourists think that the travel agency’s complaint should be about service quality issues, is it okay to bear the excess ticket fees and compensate them? L 3. If the travel agency cannot make up for it, can it apply for quality assurance? How should compensation be given? Some people (17) were promoted to travel to Kunming for recuperation organized by the Shanghai Industrial and Commercial Bureau. The booked accommodation was three-star double standard. Before check-in, the tour guide also gave a very good description. But upon arrival, tourists found that the room was a bit broken, there was no hot water, no sewer, and some of the air conditioners in some rooms could not be used. 12 people from the Industrial and Commercial Bureau visited and negotiated with the leader Xian and said: "If we don't stay, you can go home, we don't need you," he asked Yin Shen while checking into a four-star hotel with his peers. (18) L Zhao and others are recruiting international tourists to the first store of Matera Tour in Suzhou. The exhibition fee is 6,500 yuan per person. The money is paid on April 1 and the trip is on May 8. When I went there on May 6th, the store was already empty. So Zhao, CITS Head Office is a country, but said: "The store has signed a contract, they are not responsible, and they have no right to travel abroad alone. It is an illegal store." L-1, you have to pay 3,000 RMB. Deposit or advance payment? L 2. Is the contract signer of Zhao He shop valid? Regardless of L3, can Zhao and others claim compensation for CITS' return of 3,000 yuan? (19) A certain 16 people from Shengma participated in the travel plan of Kunming and Lijiang on the Beijing Transportation Center, but when they arrived in Dali, the stipulated soft trip was suspended due to road landslides, and passengers could not. Therefore, the ordinary traveler's travel agency made an emergency call to return, but he refused to accept it and therefore could not catch the plane to Kunming. L 1. Is it okay for tourists to ask travel agencies to take responsibility? L 2. Is what Ma did by 16 people reasonable? Who wants to put up with an extra $600 for a model airplane? (2) L In July 2006, a national tour was held in Beijing. A team of 34 people received a tour of Beijing from outside the city. When visiting during the tour, it was used as a high-low accompanying plan to save time and improve outbound travel. , secretly planning to reduce the number of attractions to two. And repeatedly told the guests that it will not be easy once we come to Beijing, because we should see more attractions in the future. Most of the guests agreed to the levy and basis that for every 50 additional guests, four more attractions were added (the attractions include: Two highs are privately subtracted from the plan). During the team competition, Gao's souvenir album was also introduced to the guests and sold in eight-piece sets. Due to the hot weather in summer, coupled with the fact that many of the group's teaching groups are elderly, many guests feel dissatisfied with the high level of dissatisfaction with the planned visit to other tourist attractions. To collectively sign a complaint to the administrative department and request a guide for high punishment, please describe the conduct of a high-L (1) in violation of these provisions of the guide in accordance with relevant laws and regulations (2) the guidance and what kind of punishment should be given, The entrusting agency (XXI) promoted Zhang to participate in the Tour Guide Qualification Examination and the certificate has not yet been realized on the tour with the travel agency, hoping to participate in the internship tour guide in September this year, it is the peak tourist season, there are not enough tour guides, they are employed as tour guides, and were inspected The tourism administration department, without its tour guide qualification examination, imposes fines for conducting guided tours without authorization. Zhang refused to accept the punishment. He was not allowed to conduct tour guide activities, but was engaged in tour guide employment agency. He was improperly punished by the tourism administration department and was made an application for reconsideration by the tourism administration department.

Sheng I would like to ask: Is L(1) Zhang’s point of view valid? Why? L (2) Is there any employment agency that provides tour guides? Why?