Traditional Culture Encyclopedia - Tourist attractions - Tourists who have their personal property infringed upon have any rights according to law.
Tourists who have their personal property infringed upon have any rights according to law.
1. What are the rights of tourism consumers
The rights of tourism consumers include the right to request assistance and protection when their personal or property safety is in danger; If a person's property is infringed upon, he or she has the right to obtain compensation in accordance with the law.
"Tourism Law"
Article 12: Tourists have the right to request assistance and protection when their personal or property safety is in danger.
Tourists who have their personal or property harmed have the right to obtain compensation in accordance with the law.
Article 70: If a travel agency fails to perform its obligations under a package tour contract 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 in accordance with the law; causing personal injury to tourists, In case of property losses, the party shall be liable for compensation in accordance with the law. If the travel agency is qualified to perform but refuses to perform the contract despite the request of the tourist, causing serious consequences such as personal injury or detention of the tourist, the tourist may also require the travel agency to pay compensation of not less than one time but not more than three times the travel fee.
The travel agency shall not be held liable if the package tour contract cannot be performed or cannot be performed as agreed due to the tourist's own reasons, or causes personal injury or property loss to the tourist.
When tourists arrange their own activities, if the travel agency fails to fulfill its safety prompts and rescue obligations, it shall bear corresponding liability for the tourists' personal injuries and property losses.
2. How to compensate for tourism consumption fraud
1. If an operator commits fraud in providing goods or services, the amount of compensation shall be the price of the goods purchased by the consumer or the cost of receiving the service. Three times; if it is less than 500 yuan, it is 500 yuan. If an operator knowingly knows that the goods or services are defective but still provides them to consumers, causing death or serious health damage to consumers or other victims, the injured party shall have the right to demand compensation from the operator for the loss, and shall have the right to demand a punitive sum of not more than twice the loss suffered. compensation.
2. According to the provisions of the "Consumer Rights and Interests Protection Law", if an operator commits fraud in providing goods or services, it shall increase compensation for the losses suffered by consumers according to their requirements. The amount of increased compensation shall be the amount of consumer goods or services. If the amount of additional compensation is less than 500 yuan, it shall be 500 yuan. If the law provides otherwise, such provisions shall prevail.
In addition, if a tourist requires a tour operator to return the following expenses, the People's Court shall support the request:
(1) Being arrested for refusing shopping activities arranged by the tour operator or items for which additional payment is required. Increased fees;
(2) In the same travel itinerary, tourism operators provide the same services, but additional fees are charged due to differences in age, occupation, etc. of tourists.
According to the provisions of the "Tourism Law", "Consumer Rights Protection Law" and other laws, the rights enjoyed by tourism consumers include the right to request assistance and protection; the right to obtain compensation in accordance with the law, etc. Those who infringe on the rights of tourism consumers must bear corresponding responsibilities.
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