What are the classic cases about tourism law?

Tourists' complaints and claims have a legal basis.

Case Nanjing guy Li reported that he was going to Hangzhou to play, but an accident happened on the way. When Li asked the travel agency for compensation, he was kicked by several parties: the travel agency said that they didn't drive the car, and the tour group had subcontracted it to the ground agency and should not pay compensation; The land agency said that Li Wei signed a contract with them and the losses should not be borne by them; The passenger transport company said that the injured person had an accident while traveling and should seek compensation from the travel agency. Li has no way to claim compensation, so he can only take two travel agencies to court.

Article 71 of the Tourism Law of the People's Republic of China

If the breach of contract is caused by the land agency and the performance assistant, the travel agency shall bear the responsibility; After the package travel agency assumes the responsibility, it can claim compensation from the land agency and the performance assistant.

If personal injury or property loss is caused to tourists due to the reasons of the land agency and the performance assistant, the tourists may ask the land agency and the performance assistant to bear the liability for compensation, or ask the travel agency to bear the liability for compensation; After the package travel agency assumes the responsibility, it can claim compensation from the land agency and the performance assistant. However, if a public transport operator causes personal injury or property loss, the public transport operator shall be liable for compensation according to law, and the travel agency shall assist tourists to recover from the public transport operator.

"Zero negative tour fee" is no longer an umbrella for profiteering.

The case "900 yuan Kunming Dali Lijiang Six-Day Tour, with only three shopping spots, will never be forced to spend." In the face of attractive advertisements, Zhang Ma of Zhejiang signed up. For the sake of safety, he also signed a contract with a travel agency.

However, when the plane landed in Kunming, everything changed. The tour group arrived in Lijiang by car, and before seeing the scenery, it was pulled back to Kunming, and the shopping trip kicked off. Spirulina, silverware, jade, tea shop, essential oil shop ... The "three shopping spots" in black and white on the contract suddenly became 10.

The tour guide also interviewed several tourists who didn't buy it: "How can you do this? There are also some shopping spots. I don't want to go back if I don't buy anything! " In this way, the six-day tour became a six-day purchase, and the total consumption of 26 people in the whole group exceeded 200,000 yuan.

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.

How to drop the scenic spot tickets?

Case 20 13 for a period of time, the whole package of Fenghuang ancient city scenic spot in Hunan was charged. During the May Day holiday, the ancient city of Fenghuang was voted by tourists with their feet, and the number of tourists decreased to 60% in the same period last year.

Article 43 of the Tourism Law of the People's Republic of China

Tickets for scenic spots built with public resources, scenic spots, transportation and other projects that are charged separately shall be set by the government or guided by the government, and the price increase shall be strictly controlled. Where fees are charged or prices are raised, a hearing shall be held to solicit opinions from tourists, business operators and relevant parties, and to demonstrate its necessity and feasibility.