The latest situation in Maldives 20 18 is it reasonable for Ms. Wang to cancel her trip three hours before departure and ask the travel agency for a full refund?

Economy and politics have always been related. When we travel abroad, especially abroad, we must pay attention to whether the security and political situation in this country are turbulent, so that we will be more confident to start our trip. However, the Maldives, which has always been loved by everyone, has also experienced turmoil this year.

So, will it affect our trip too much? Recently, because of the tense situation here, a lady canceled the trip of the travel agency three hours before departure and asked the travel agency for a refund. Is this reasonable? Will it be returned?

For details, let's take a look at some materials compiled by Bian Xiao!

Update on Maldives 20 18

20 18 reported on March 22nd that after 45 days of national emergency, the Maldivian President announced the lifting of the national emergency on the 22nd.

At this time, the Maldivian people have returned to normal life, the rally has ended and the holiday island has not been affected.

On June 4th, 20 18, according to local media reports, the Maldivian Criminal Court sentenced former President gayoom 19 months' imprisonment on June 3rd for obstructing judicial execution.

On June 25th, 20 18, Beijing Zhonghe Guoan player Zhang Xizhe and his wife Yuan Xiaoyan came to Maldives for a holiday. Zhang Xizhe kept a low profile and didn't appear, but he showed his big arms, while his wife showed a beautiful figure.

2065438+On the afternoon of July 9, 2008, the steel box girder between pier 20 and pier 2 1 of the main bridge of Ma Youyi Middle Bridge in Jiao Jian, China was successfully closed, and the whole bridge was closed.

It provides a solid guarantee for the timely completion, acceptance and handover of the project, and creates a precedent for the construction of super-large bridges in the open environment of deep ocean and coral reef geology in the world.

On July 201August 18, the handover ceremony of special stamps commemorating the 45th anniversary of the establishment of diplomatic relations between China and Maldives was held in Beijing. Ambassador of Maldives to China: I am full of expectations for the future cooperation between China and Malaysia.

So far, everything in Maldives is safe. Even during the rally, the airport and holiday island were not affected in any way, because the capital, airport and holiday island of Madai are different islands.

Generally, people who go to Madai go directly to the island from the airport island, or make an overnight island transition in Hulu Male, instead of going to the capital.

Is it reasonable for a lady to cancel her trip three hours before departure and ask the travel agency for a full refund?

Ms. Zhang's family of three paid 46,200 yuan to a travel agency in Beijing and planned to travel to Maldives on February 6 this year. However, three hours before departure, Ms. Zhang informed the travel agency to cancel the trip on the grounds that there was a political conflict in Maldives and the situation was tense.

Later, Ms. Zhang appealed to the court on the grounds that she could not travel as scheduled due to force majeure, and asked the travel agency to refund all the travel expenses. The court of first instance rejected Ms. Zhang's appeal and finally ruled that the travel agency compensated Ms. Zhang for 3,000 yuan. Ms. Zhang refused to accept the appeal. Yesterday morning, the case was opened in the second instance of Beijing No.1 Intermediate People's Court.

Case: The situation at the destination is tense before departure. The tourists canceled their trip.

Ms. Zhang claimed that she signed a team outbound travel contract with a travel agency in Changping, stipulating that from February 6, 20 18 to February 6, 2065438, the travel agency would provide the plaintiff and his family with six days and four nights outbound travel service in Maldives, with a total travel service fee of 46,200 yuan.

Ms. Zhang said that the day before departure, that is, on February 5, a large-scale rally took place in Maldives, and the situation remained tense. The state declared a state of emergency, and the Ministry of Foreign Affairs of China issued a travel reminder "Don't travel to Maldives for the time being".

So, there are still three hours before the plane takes off. At about 3 am on February 6, Ms. Zhang told the travel agency to leave the group through WeChat. After that, the two sides had a dispute over the refund of travel expenses.

According to the travel agency, the flight took off at 6: 55 on February 6. However, the time for China government departments to provide travel warning information to Maldives is 0: 00 1 1 on February 6th. In other words, when Ms. Zhang canceled her trip, the official did not declare a state of emergency.

In addition, the travel agency claimed that 43,200 yuan of the fees paid by the plaintiff had been paid to the agency, and neither the airline nor the hotel agreed to refund the money.

The travel agency said in the first instance that it only agreed to return the profit of 3000 yuan to the plaintiff.

First instance: it does not constitute force majeure, and the travel agency is judged to return 3000 yuan.

The court of first instance first confirmed that the contract between the original defendants was legal and valid.

On this premise, the court specifically mentioned the following terms of the contract: if the tourists propose to cancel the contract on the day of departure, they will compensate the losses according to 90% of the total travel expenses. If the business loss fee paid according to the above ratio is not enough to compensate the actual loss of the travel agency.

Tourists should compensate according to the actual losses, but the maximum amount should not exceed the total travel expenses.

The court held that Ms. Zhang informed the travel agency to terminate the contract on the day of travel, and the travel agency should return the travel expenses to the plaintiff after deducting the actual expenses.

Another focus of controversy in this case is whether what Ms. Zhang said "the local situation in Maldives is tense" belongs to force majeure.

The court held that Ms. Zhang failed to provide evidence to prove the following two facts: first, before her trip, the relevant government departments put forward travel warning information to the Maldives, and second, when she terminated the contract, the Maldives had reached a level that endangered the safety of tourists.

Accordingly, the court held that Ms. Zhang's force majeure conditions were not met at the time of termination.

At the same time, the court held that even if the tense situation in Maldives constitutes force majeure, according to the relevant laws and regulations, the incident cannot be avoided because of force majeure or the travel agency has done its duty of reasonable care.

If the travel itinerary is affected and the contract is terminated, the travel agency shall refund the balance to the tourists after deducting the non-refundable fees paid to the local agency.

In the end, the court ruled that the travel agency returned Ms. Zhang's travel expenses of 3,000 yuan.

Second instance: the travel agency confirmed in court that the travel expenses were refunded more than 20,000 yuan.

After the verdict was pronounced in the first instance, Ms. Zhang appealed, insisting that the tense situation in Maldives was force majeure. She also believes that the contract signed by the travel agency is a standard contract, and the travel agency has not clearly stated the force majeure.

Therefore, it should be explained to the travel agency, and the travel agency should refund the fees it paid.

A few days ago, the trial confirmed some changes in the facts of this case.

"After my communication and active efforts with airlines and local hotels, all the money for air tickets and seaplanes has been returned, with two sums of 265.438 yuan +0.6 million yuan, which are now in the hands of travel agencies."

In yesterday's trial, Ms. Zhang's attorney said, "In addition, I learned from Tuniu, a hotel reservation agent, that there are three situations in which hotel money can be refunded, not a penny."

"Before the airline told us that the ticket money would not be refunded, but when Ms. Zhang went to the airline, they made an exception." The travel agency said that it did receive the above two refunds, "but the local hotel in Maldives told us that the hotel fee is not refundable." The case was not pronounced in court.

Maldives has pleasant scenery and the situation is stable now. Don't worry, it's good not to go to Beijing here, but pay attention to safety. After all, it's a trip abroad, so take care of yourself no matter how safe you are.