How to prove the compensation for tourism damage

What is the principle of compensation for tourism damage? Let's take a look at Bian Xiao's sharing today.

1, principle of reciprocal compensation

In other words, the operator should compensate all consumers for all the consumption losses.

The losses that consumers have the right to claim compensation include material losses, personal injuries and mental damages. In this regard, the wrong operator should compensate the consumers. The purpose of compensation for losses is to restore the property, personal and mental losses suffered by consumers to the state before the damage occurred. Therefore, this kind of reciprocal compensation is only the most basic legal responsibility that the wrong operator bears to consumers, and it is also the most widely applicable legal responsibility.

2, the principle of punitive damages

According to the latest Law on the Protection of Consumers' Rights and Interests, if an operator commits fraud in providing goods or services, he shall increase the compensation for the losses suffered by the consumer according to his requirements. The increased amount of compensation is three times the price of goods purchased by consumers or the cost of receiving services. If it is less than 500 for three times, the compensation will be 500. Because the operator who has fraudulent behavior is subjectively at fault, it is easy to cause damage to consumers, and its social harm will be greater than other faulty business behaviors, so the law stipulates more severe compensation principles.

3. The principle of promised compensation

That is, the operator should compensate the consumer for the consumption damage according to the operator's previous commitment. The commitment made by operators to promote their own goods and services is an important factor affecting consumers' consumption choices. Once consumers accept their promises, the two sides form an agreed contractual relationship. Therefore, if there is a violation of the promise conditions, the operator should make compensation according to his promise.

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Scope of compensation for tourism damage

1. The scope of tourism damage includes agreed compensation.

If there is an agreement on the scope of compensation in the tourism contract and the tourism service is damaged, the tourists should generally be compensated according to the agreement in the tourism contract. If obviously unfair is stipulated in the travel contract, the injured tourists have the right to demand the cancellation of the obviously unfair clause in the contract.

2. The scope of tourism damage includes compensation according to actual losses.

Travel agencies should compensate tourists for the actual losses caused by their own breach of contract, including direct losses and indirect losses.

What is the legal basis for compensation for tourism damage?

according to

If the compensation for mental damage meets one of the following circumstances, the tourism operator shall pay more than 5,000 yuan for mental damage:

1, insulting or fabricating facts to slander tourists;

2. Search the tourists' bodies or belongings;

3. Restrict the personal freedom of tourists;

4. Causing other serious mental damage to tourists.

How to prove the compensation for tourism damage

1. The basis for the parties to claim damages is the travel contract. Therefore, the travel contract signed between the parties and the travel company, the identity card of the parties, the travel service fee invoice issued by the travel agency, and the notice of leaving the group can prove the establishment of the travel contract relationship.

2. The written materials of the travel agency leader or yacht service provider about the incident can prove the fact and causal relationship of the injured parties during the travel.

3. Hospitalization medical records, discharge summary, doctor's orders, medical expense invoices, appraisal conclusions (including disability grade, treatment rest, nutrition and nursing period), appraisal fee invoices, proof of income reduction due to missed work, household registration book or temporary residence permit, proof of salary and personal income tax payment, social security fund statement, proof of salary of nursing staff, etc. To prove the material losses suffered by the parties due to physical injury and the scope and standard of compensation.

In addition, the parties generally lack the necessary legal knowledge and litigation experience, so they can hire a lawyer to represent them, and the lawyer's agency fee for personal injury compensation cases can be borne by the compensation obligor. Therefore, if you hire a lawyer, you need to provide the court with an invoice for the lawyer's agency fee.