Procedures for handling complaints from tourists

During the epidemic, many people were unable to travel, but in areas where the epidemic was not serious, some people still chose to travel, which also involved many legal issues that everyone was concerned about, one of which was the complaint. What about the procedures for handling travel complaints? In order to help you better understand the relevant legal knowledge, we have compiled the relevant contents. Let's have a look.

I. Procedures for handling tourist complaints

(A) the concept

The procedure of handling tourist complaints refers to the procedure and order that the tourist complaint management organ must follow after accepting a complaint case, investigating and verifying the case, promoting dispute settlement or making a decision on handling it.

(2) Answers to complaints

After making a decision on acceptance, the tourism complaint department shall promptly notify the respondent, who shall make a written reply within 30 days from the date of receiving the notification.

The written reply shall specify the following items:

1, the reason for the complaint;

2. Investigation and verification process;

3. Basic facts and evidence;

4. Responsibility and handling opinions.

The tourism complaint management institution shall review the written reply of the respondent.

(3) Mediation refers to the act of the tourism complaint management organ presiding over the two parties to resolve disputes through reconciliation and reach an agreement.

If the tourism complaint management organ can mediate in handling the complaint case, it shall mediate on the basis of finding out the facts and distinguishing the responsibilities, so as to urge the complainant and the respondent to understand each other and reach an agreement. An agreement reached through mediation must be voluntary by both parties and cannot be forced.

(4) decision on handling complaints

When handling complaint cases, the tourism complaint management institution shall take facts as the basis and the law as the criterion. After investigation and verification, the facts are clear and the evidence is sufficient, and the following decisions can be made respectively:

1. If it is the fault of the complainant, you can decide to dismiss the case, notify the complainant and explain the reasons. If the complainant makes unreasonable complaints and intentionally damages the rights and interests of the respondent, he may be ordered to make an apology to the respondent, or be liable for compensation in accordance with relevant laws and regulations.

2. If the complainant and the respondent are at fault, it may be decided that both parties shall bear corresponding responsibilities. The way for both parties to assume their respective responsibilities can be determined by both parties through consultation or by the complaint management organ.

3. If the fault belongs to the respondent, it may be decided that the respondent shall bear the responsibility. The respondent may be ordered to apologize to the complainant or compensate for the losses, and bear all or part of the expenses for investigating and handling the complaint.

4, belong to the fault of other departments, can decide to hand over to the relevant departments.

(5) Decision on handling tourist complaints

The decision on handling tourist complaints refers to the written document that the tourist complaint management institution makes a decision on handling complaints.

The decision made by the tourism complaint management organ shall be notified to the complainant and the respondent within 15 days from the date of the decision. If the complainant or respondent refuses to accept the handling decision or administrative punishment, he may bring a lawsuit directly to the people's court within 15 days from the date of receiving the notice of handling decision, or apply for reconsideration to the tourism complaint management organ at the next higher level of the handling organ; If you are not satisfied with the reconsideration decision, you can bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision. If it fails to apply for reconsideration, bring a suit in a people's court within the time limit, or perform the decision on handling and punishment, the complaint management organ that made the decision on handling and punishment shall apply to the people's court for compulsory execution or enforce it according to law.

(6) Administrative penalties and other penalties

When making a complaint handling decision, the tourism complaint management institution may, in accordance with the provisions of relevant laws, regulations and rules, impose administrative penalties on the tourism operators who damage the complainant's rights and interests; If there are no provisions, the tourism complaint management organ shall give the following penalties separately or in combination according to the complaint provisions;

1, warning;

2. Confiscation of illegal income;

3. Fine;

4, the deadline or suspend business for rectification;

5. Relevant documents for revoking the tourism business license;

6. Suggest that the administrative department for industry and commerce revoke its business license.

Second, what are the common misunderstandings of tourism consumption complaints?

Myth 1: All consumer services can be complained.

The Consumer Law stipulates that the rights and interests of consumers who purchase or use commodities or receive services for their daily consumption are protected by this law. Therefore, consumer complaints other than this object do not belong to the scope of acceptance of consumer associations.

Myth 2: All purchases can be complained.

In both cases, if there are problems with the purchased goods, the Consumer Complaints Association will not accept them. One is the goods beyond the warranty period. One is improper use and man-made damage.

Myth 3: Fake goods and services can be "fake one and lose ten".

The Consumer Law stipulates that if a business operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be twice the price of the goods purchased by consumers or the cost of receiving services. In other words, if you are false, you will lose one, and if you are not false, you will lose ten.

Myth 4: All complaints about tourism consumption infringement can get spiritual compensation.

Article 43 of the Consumer Law stipulates that if an operator violates the provisions of Article 25 of this Law and infringes on the personal dignity or personal freedom of consumers, he shall stop the infringement, restore his reputation, eliminate the influence, apologize and compensate for the losses. However, if some "excessive" requirements are put forward, consumers will "think twice".

Myth 5: Anyone who is "related" to consumption can complain to the Consumers Association.

Consumers should report the loss to the public security department in time. Of course, if you leave the goods in the supermarket and find them lost when you pick them up, the Consumers Association can intervene in mediation.

Myth 6: All consumer complaint associations should accept it.

The complaint cases accepted by the tourism complaint handling institution are as follows:

(1) Complaints that have been accepted or handled by people's courts, arbitration institutions, other administrative departments or social mediation institutions.

(two) the complaint cases that have been handled by the tourism complaint handling institutions and have no new circumstances or new reasons.

(three) complaints that do not belong to the scope of responsibility or jurisdiction of the tourism complaint handling institution.

(four) complaints more than 90 days after the termination of the travel contract.

(five) complaints that do not meet the conditions of tourism complaints.

3. What can you complain about during the trip?

(a) according to the law, in the process of tourism, the complainant can complain to the tourism complaint handling institution on the following matters:

1, that the tour operator has breached the contract;

2. The complainant's personal and property damage is caused by the responsibility of the tour operator;

3, due to force majeure, accidents, resulting in the travel contract can not be fulfilled or not fully fulfilled, the complainant and the respondent dispute;

4. Other acts that harm the legitimate rights and interests of tourists.

To sum up, the competent authorities will verify the complaints of consumers, and if there are irregularities and other illegal acts, they will impose corresponding administrative penalties. The above is the editor's introduction to the tourist complaint handling procedure, I hope it will help you. If you don't know how to sue, you can consult a lawyer and they will give you professional advice.