Traditional Culture Encyclopedia - Tourist attractions - Can I ask for a refund if I am forced to buy something for outbound travel?
Can I ask for a refund if I am forced to buy something for outbound travel?
Work pressure is great, so we all want to go out for a walk during the holiday.
Even when you are unhappy, a trip that says go is a wayward little happiness for many people.
Many times, in order to save worry and convenience, many people will choose to sign up for a tour group.
But what should you do when you have a pleasant trip and meet the old topic of "compulsory consumption" in the industry?
2. What laws did compulsory consumption violate?
Many travel agencies offer low-cost travel routes.
Even went to some towns to engage in activities, sign up and give gifts.
When the old man saw that the price was cheap, there were gifts and he could go out to play, he signed up happily.
As a result, not only many paid items appeared on the road.
I was also brainwashed into buying products, and I wouldn't let them out if I didn't buy them. It's really irritating to buy a bunch of messy things to go home.
If you go out to play, will you be pushed around by the travel agency?
Of course not, the travel agency's behavior is illegal!
You can get a refund if you buy something, and the refund will be paid in advance by the travel agency.
Money paid separately for items can also be refunded.
Article 35 of the Tourism Law of the People's Republic of China
Travel agencies shall not deceive tourists by organizing tourism activities at unreasonably low prices, and obtain illegitimate interests such as kickbacks by arranging shopping or paying for other tourism projects.
When organizing and receiving tourists, travel agencies shall not designate specific shopping places or arrange other paid tourism projects. However, unless it is agreed by both parties through consultation or requested by tourists and does not affect the itinerary of other tourists.
In violation of the provisions of the preceding two paragraphs, tourists have the right to request the travel agency to handle the return and advance the return fee within 30 days after the end of the travel itinerary, or refund the paid travel expenses.
There are also travel agencies that cheat users in various ways.
Reduce the items on the contract and shorten the play time;
Privately arrange entertainment, visits and other paid projects;
Increase the number of shopping privately and extend the shopping time;
Compulsory or disguised compulsory shopping, even designated shopping stores are fakes.
Don't panic, there are all the above behaviors ~
We can all ask the travel agency for compensation!
Article 10 of the compensation standard for service quality of travel agencies
If the travel agency and the tour guide or tour leader violate the contract between the travel agency and the tourists and damage the legitimate rights and interests of the tourists, the travel agency shall be liable for compensation according to the following standards:
(1) If the tour time is shortened, tourist attractions are omitted or tourist services are reduced without authorization, the travel agency shall compensate the reasonable expenses such as the unfinished agreed tourist services and pay the same amount of liquidated damages. If there are no scenic spots and tickets, a penalty of 5% of the total travel expenses will be paid to the tourists for each missing travel agency.
(two) without the signature of the tourists, arrange meals, entertainment, medical care, visits and other paid items without authorization, and the travel agency shall bear the expenses of the paid items.
(three) without the signature of the tourists, in violation of the contract to increase the number of shopping, extend the stay, each time to pay the tourists a penalty of 10% of the total travel expenses.
(four) forced or disguised forced tourists to shop, each time to pay the tourists a penalty of 20% of the total travel expenses.
(5) If the goods purchased by tourists in the shopping places agreed in the contract are fake and shoddy goods, the travel agency shall be responsible for recovering or compensating the tourists for their direct economic losses.
(six) unauthorized sales of goods, travel agencies should fully refund the tourists' shopping money.
Third, compulsory shopping, how to protect rights?
1. Both parties negotiate and complain to the scenic spot management office.
2. Complain to consumers' associations and tourist complaint handling institutions.
(1) Call 1230 1 to complain (national tourist service hotline).
(2) Call 123 15 to complain (consumer complaint hotline).
If there is an arbitration clause in the contract, arbitration can be initiated by virtue of the arbitration clause.
4. Bring a lawsuit to the people's court.
Four, cheating, compulsory consumption punishment
0 1: travel agency punishment
1, confiscate the illegal income and order it to suspend business for rectification for 3 months. If the circumstances are serious, the business license of the travel agency shall be revoked.
2. If the fine is below 30 yuan and the illegal income exceeds 30 yuan, the fine is 5 times of the illegal income.
3, included in the tourism business service bad information, and transferred to the tourism business service credit file, announced to the public.
02: Penalties for Relevant Responsible Persons
1, confiscate the illegal income and impose a fine of 20,000 yuan on the directly responsible person in charge and the directly responsible person;
2. The travel agency legal person and main management personnel whose business license of travel agency has been revoked shall not engage in travel agency business within 3 years from the date of punishment;
3, included in the tourism business service bad information, and transferred to the tourism business service credit file, announced to the public.
03: Punishment for Tour Guides and Tour Leaders
1, confiscate the illegal income, impose a fine of 20,000, and revoke the tour guide card and tour guide card.
2. Tour guides and tour leaders whose tour guide cards and tour guide cards are revoked shall not reapply for tour guide cards and tour guide cards within 3 years from the date of punishment;
3, included in the tourism business service bad information, and transferred to the tourism business service credit file, announced to the public.
04: Penalties for Compulsory Shopping Places
1, included in the bad information of tourism business services, and transferred to the credit file of tourism business services, and announced to the public;
2, according to the law handed over to the public security, industry and commerce and other relevant departments.
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