How should the travel agency compensate for the temporary unilateral breach of contract and cancellation of the tour?

How should the travel agency compensate for the temporary unilateral breach of contract and cancellation of the tour?

A travel agency’s temporary unilateral cancellation of a tour is a breach of contract and should bear liability for breach of contract in accordance with the provisions of the Contract Law.

Article 107 of the "Contract Law" If a party fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 114 The parties may agree that when one party breaches the contract, it shall pay a certain amount

to the other party as liquidated damages based on the circumstances of the breach, or may agree on compensation for losses arising from the breach of contract. Amount calculation method.

If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them

If the agreed liquidated damages are excessively higher than the losses caused, the parties may You may request the People's Court or arbitration institution to appropriately reduce the amount. How should the scenic spot compensate the travel agency due to a breach of contract when booking a room?

According to the regulations of the contract

If there is no such section, you can refer to the travel agency standard penalty regulations for litigation. If a tourist temporarily withdraws from the group, why should the travel agency charge for breach of contract? Fee

Because once you decide to join a tour group, it is equivalent to signing a contract with the travel agency. If a tourist temporarily withdraws from the tour group, it is equivalent to a breach of contract and must pay liquidated damages.

Act in accordance with the contract. If the contract states that you need to pay a breach of contract fee if you cancel the tour, and you have signed the contract, you can charge the travel agency for breach of contract liability and damages. /p>

1. The concept of liability for breach of contract

Liability for breach of contract is the abbreviation of civil liability for breach of contract. Liability for breach of contract refers to the civil liability that a party to a contract should bear if it fails to perform its contractual obligations or performs its contractual obligations inconsistently with the contract.

2. Forms of breach of contract by travel agencies

1. Travel agencies lower service levels and standards. This is the most important form of breach of contract by travel agencies. When a travel agency provides services, although the service is provided, the service level and standards are lowered. For example, the agreed three-star hotel is only a two-star hotel, but the hotel actually provided by the travel agency is only a two-star hotel; the transportation promised by the travel agency is a train. But what's really on offer is car service. And so on and so forth.

2. The travel agency does not perform the services agreed in the contract. Due to the increasing awareness of tourists' rights protection, generally speaking, travel agencies will not (or dare not) not perform the services agreed in the contract, because the travel agency clearly knows the consequences of non-performance of the contract. When they have no choice but to do so, such as due to serious traffic delays or time constraints, travel agencies will reduce service projects, resulting in damage to tourists' rights and interests.

3. A special form of travel agency breach of contract. According to the general provisions of the Contract Law, if the party obligated to the contract cannot provide the goods or services agreed in the contract, it can substitute them with goods or services of the same type and higher grade. The behavior of the party obligated to the contract cannot be deemed as a breach of contract, and the other party to the contract is also willing accept. In tourism services, even if the travel agency substitutes high-end services, tourists will still find it difficult to accept them. This special form of breach of contract is unique to tourism contracts.

3. Focus on the controversy over compensation for breach of contract by travel agencies

1. Tourists and travel agencies have great differences on compensation standards. The travel agency insists on complying with the relevant provisions of the "Contract Law" and compensates the tourists according to the liquidated damages stipulated in the contract or the tourists' actual losses; the tourists demand higher compensation because according to the travel agency's compensation, if the tourists go to visit again next time, Tourists' payment is much higher than the travel agency's compensation. Recent judicial cases have shown that the People's Court has noticed this phenomenon, and some judicial precedents have made major adjustments to the compensation methods of travel agencies, which deserves great attention from travel agencies.

2. Whether the travel agency’s liability for breach of contract includes mental damage. Those who agree strongly argue that mental damage should be included on the grounds that tourism services include spiritual enjoyment. Since the travel agency breaches the contract, the travel agency should compensate for mental damage according to the principle of compensability; the opponents believe that the "Contract Law" does not include mental damage within the scope of liability for breach of contract. Inside. Judging from the current judicial practice, a small amount of compensation for breach of contract has been judged to bear mental damage, which should attract the attention of travel agencies.

3. Whether compensation for breach of contract is limited to economic compensation only. According to the provisions of the "Contract Law", after the liability for breach of contract occurs, the breaching party "should bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses." Compensation for losses is only a form of liability for breach of contract. When a breach of contract occurs, the travel agency must continue to perform or take remedial measures as soon as possible. If it is impossible to continue performance and take remedial measures, or if continued performance and remedial measures are taken, losses are still caused to tourists, the travel agency should compensate the tourists for the losses.

4. Basic principles for handling disputes over travel agencies’ liability for breach of contract and compensation for damages

1. The group travel agency must be responsible for the travel contract.

When a group travel agency signs a travel contract, it must be responsible for all service items stipulated in the contract. Regardless of whether it is the fault or negligence of the group travel agency, as long as the services received by tourists are inconsistent with the contract, the group travel agency shall bear full responsibility and cannot The travel agency refuses to take responsibility due to no fault of its own.

2. As long as it is inconsistent with the contract, it shall be deemed as a breach of contract. Regardless of whether the travel agency's behavior causes direct economic losses to tourists, as long as the travel agency's services are inconsistent with the contract, the travel agency's behavior should be deemed as a breach of contract. Some actions of travel agencies do not directly harm the rights and interests of tourists, such as adjusting morning and afternoon itineraries without authorization, but such adjustments do not change the nature of their breach of contract.

3. The principle of compensability applies to liability for breach of contract. Although some judicial cases have broken through the relevant principles of compensability in the Contract Law, as far as current legal provisions are concerned, the principle of compensatory damages still occupies a dominant position. How to compensate the travel agency for changing the tour schedule

1. If the tour guide changes the activity schedule without authorization, reducing or changing the visit project, the travel agency should refund the scenic spot tickets, tour guide service fees and compensate for the same amount of liquidated damages. 2. If the tour guide violates the agreement and adds meals, entertainment, medical care and other special items without authorization, the travel agency shall bear all the expenses of the tourists. 3. If you violate the contract or trip plan and increase the number of shopping trips without authorization, 20% of the tourist’s shopping price will be refunded each time. 4. The tour guide arranges for tourists to go shopping in stores not designated by the tourism department without authorization. The purchased goods are counterfeit and shoddy. The travel agency should compensate the travelers for all losses. 5. If a tour guide sells goods privately, the travel agency should fully refund the purchase price of the tourist. 6. If the tour guide asks for a tip, the travel agency should compensate twice the amount of the tip requested. 7. If the tour guide leaves the tour group without authorization during the tour, leaving the tourists unaccountable, the travel agency should bear the direct expenses such as food and accommodation expenses incurred by the tourists during their stay, and compensate 30% of the total travel expenses as liquidated damages. 8. If the transportation arranged by the travel agency is lower than the grade agreed in the contract due to transportation department reasons, the travel agency will refund the difference between the transportation fee paid by the tourist and the actual cost, and compensate for 20% of the difference as liquidated damages. 9. If the tourist attractions arranged by the travel agency cannot be visited due to attraction reasons, the travel agency should refund the attraction tickets, tour guide fees and compensate for 20% of the refunded fees as liquidated damages. 10. If the hotel arranged by the travel agency is lower than the grade agreed in the contract due to reasons, the travel agency should refund the difference between the room rate paid by the tourist and the actual room rate, and compensate for 20% of the liquidated damages. The statute of limitations for penalties for breach of contract by a travel agency: 1. The statute of limitations for requesting monetary compensation from the Quality Supervision Office is 90 days. 2. The decision to accept travel complaints should be responded to within 7 days. 3. The travel agency that has been complained against shall make a written reply within 30 days after receiving the acceptance decision from the Quality Supervision Office. How should travel agencies promote and disseminate

They must spare financial resources and launch free tours regularly, with reasonable prices, good service, and credibility. Don’t just think about making money. Treat it as a business. I experienced the joy of traveling to Korea. I verbally said I wanted to go, but I canceled the next day. The travel agency said they would pay 50% of the liquidated damages.

This depends on the contract signed by both parties. If there is no contract signed, there should be no It's legally binding. You can call 12301 and ask the travel agency how to compensate for the unreasonable delay in the tour date.

You can cancel the trip and get compensation. Do you have a contract? If so, you can take it out. I hope it will be adopted. , I am a traveler and store owner, and I hate this kind of fraud the most.

Professional users answer how to learn how to calculate and adjust travel agencies

The calculation and adjustment is divided into

The first is: office calculation and adjustment (this is the lowest level of calculation and adjustment, and this is what most people think of as the plan and adjustment). Adjustment means booking a room, a car, and dispatching a tour guide. There are many plans and adjustments that can be made intuitively

Adjustment is too simple. He knows how to do it, but in fact he knows nothing)

< p> Second: Lottery planning (this one has higher requirements than the previous one, and it still requires booking a room, a car, and a tour guide. It requires strong coordination skills and the ability to deal with emergencies

The ability to reasonably and quickly solve the problem of picking up and dropping off guests at different times. I think it will take at least half a year of training on the basis of the first level. The main thing is to have considerable patience.)

The third : Loose customer statistics: (In addition to offices, direct customers, and conferences, our company has about 3,000--4,000 people every year, some of whom are old customers, and some of whom join the group out of admiration

This The requirements for higher-level sentences are higher. How do you use your professionalism and charm to win over the group while many peers are quoting? I have a plan and there will be many groups organized this year

The group is just Comparing the prices, she found that she had an old customer, so she just earned the money from the group, and the price was not low. What is very characteristic of her is that she raised the price negotiated by the office, so as to

The company earns the largest profit margin. This level of planning and adjustment requires more than half a year of learning and training on the second level.)

Fourth: Direct customer planning and adjustment (our company has an e-commerce department, I started out as a direct customer. The direct customer planning and adjustment requires a certain comprehensive professional level and an understanding of the lives of people living at different levels

You have to know your consumption level, habits, what you like to listen to, and what you like. Give different quotes to get the maximum profit. She must have telemarketing skills, eloquence, knowledge, and voice quality. Our company has this case

For example, a group of people from Jiangsu and Zhejiang want to visit Zhangjiajie Phoenix for 4 days. First, I tried to come up with a plan and negotiated with the customer for two days. The price they negotiated was 780 yuan/person. The customer asked for a lower price. I don’t think it will work. If we continue this negotiation, it may be gone. I I told him that I had to ask for permission before I got back to him. Since the customer was leaving the next day, it would be unreasonable not to pay a deposit. After 30 minutes, I asked my direct customer to negotiate.

Without mentioning any service standards, the transaction was completed at 1,120 yuan/person/and a deposit was made 30 minutes later).

Fifth: Conference planning (commonly known as conference secretary) I thought this was tourism The highest level of planning in the world, he must be at the level of a professional manager and know all the important things, no matter how detailed they are.