China Consumers Association exposes six overlord clauses in the tourism field: it is unreasonable to leave the group without refund.

According to the website of China Consumers Association, on June 8, 165438+ China Consumers Association commented on the unfair format clauses in the tourism field that consumers strongly reflected, and exposed the six overlord clauses in the tourism field.

Overlord clause 1: the itinerary is rescheduled and rerouted without any compensation.

Clause 1: After this agreement comes into effect, neither party may dissolve it unless both parties reach an agreement through consultation.

Terms and conditions: 2: Party B (operator) has informed Party A (consumer) in advance of rescheduling, rerouting or full refund of the tour fee without any compensation.

Article 3: Hotel rooms, restaurants, scenic spots tickets and other services reserved by Party B (operator) for Party A (consumer) are non-refundable.

Consumer Association Review:

The above clause 1: According to the provisions of the Tourism Law, consumers have the right to unilaterally terminate the agreement before the end of the tour, which is the legal right of tourism consumers, and travel agencies have no right to restrict the rights of consumers.

Article 2 above: failure to meet the statutory time limit and reasons is a breach of contract. Breach of contract is liable for breach of contract or compensation, that is, consumers have the right to compensation for breach of contract, which is the legal right of consumers. Refund is only the legal consequence of the termination of the contract, not the way to bear the liability for breach of contract or compensation.

Article 3 above: This clause violates the principle of fairness, and tourism consumers have the legal right to change the contract under certain conditions, which limits the legal rights of tourism consumers. If the contract is a package tour contract, the agreement is invalid.

Overlord clause 2: the travel agency is not responsible for buying fake and shoddy goods at the shopping point.

Article 1: The travel agency shall not be responsible for personal and property damage caused by tourists' participation in scenic spots and amusement projects.

Article 2: The responsibility for the quality of products purchased by tourists at the shopping point shall be borne by the shopping point and the tourists themselves, which has nothing to do with the travel agency, and the travel agency shall not bear the responsibility.

Article 3: Due to insufficient number of people, the tour group may be transferred with the consent of Party A (consumers). After the transfer, the travel agency will no longer bear the responsibility, and the responsibility of Party B (travel agency) will be transferred to the new tour group travel agency.

Article 4: If the personal and property rights and interests of tourists are damaged due to the infringement of the third party and other reasons not attributable to the tour group (including the land agency and performance assistant), the tour group shall not be liable for compensation;

Consumer Association Review:

The above clause 1: Tour operators have the obligation to give safety tips to tour consumers. The travel agency shall bear corresponding or supplementary responsibilities if it fails to give tips or tips are flawed and fails to fulfill its security obligations, causing personal injury and property losses to tourism consumers. This agreement circumvents the legal responsibility that tour operators should bear.

Article 2 above: If a tourist consumer buys fake and shoddy goods at a shopping place determined through consultation with a travel agency, the travel agency shall be responsible for recovering or compensating the tourists for their direct economic losses. If a travel agency organizes tourism activities at unreasonably low prices to trick tourists, and obtains illegitimate interests such as kickbacks by arranging shopping or paying for other tourism projects, tourists have the right to request the travel agency to handle the return and pay the return fee in advance within 30 days after the end of the travel itinerary.

Article 3 above: After the transfer, the package travel agency shall still be responsible to the tourism consumers, and the entrusted travel agency shall be responsible to the package travel agency. This clause violates legal obligations and evades legal responsibilities, which should be null and void.

Article 4 above: The irresponsibility of this article is essentially to put all the responsibilities arising from this situation on the tourist consumers or the third party, thus avoiding the corresponding responsibilities that the tour agency should bear, and the tourist consumers have the right to ask the travel agency to bear part or all of the responsibilities.

Overlord clause 3: there is no refund when you leave the group.

1 Clause: This Agreement shall not be terminated for any reason; If you leave this group, there will be no refund.

Article 2: Insurance premium includes: personal accident insurance+travel agency liability insurance.

Article 3: After this contract comes into effect, if Party A (the consumer) requests to cancel the reserved hotel rooms and other services, Party A shall still bear all the expenses of the corresponding services according to the standards agreed in this contract, and the fees such as room fees and tickets collected by Party B (the travel agency) will not be refunded.

Article 4: If a natural room (single man or single woman) is registered, Party A (consumer) will pay the delivery fee or Party B will arrange a triple room.

Clause 5: The above is the normal reference itinerary. The reception agency has the right to adjust the itinerary, trains, flights, hotel accommodation cities, etc. (without lowering the standard). And try our best to ensure the smooth progress of the trip. In case of force majeure or policy adjustment, the expenses incurred shall be borne by the tourists.

Article 6: The scope of force majeure includes the notice issued by the government, epidemic prevention and control measures, etc. If the tourists are stranded due to force majeure or policy adjustment, the expenses incurred shall be borne by the tourists.

Consumer Association Review:

The above 1 clause: On the one hand, this clause excludes consumers' legal right to terminate; On the other hand, even if the contract is terminated because of the tourist consumer, the tourist consumer has the right to ask the tour operator to refund the expenses that did not actually occur.

Article 2 above: Travel agency liability insurance belongs to the operating cost of travel agencies. If the liability insurance expenses that travel agencies should bear according to law are transferred to consumers, consumers have the right to refuse or demand the return of this part of the insurance premiums that should be borne by travel agencies.

Article 3 above: In this agreement, under obviously unfair circumstances, the travel agency has collected the room and ticket fees of hotels and scenic spots but has not actually paid them, or has paid fees that can be returned or partially returned. These expenses are neither the responsibility for breach of contract by tourism consumers nor the remuneration for services provided by travel agencies. Travel agencies have no right to possess them and should return them to consumers.

Article 4 above: The situation of natural single rooms belongs to the management arrangement of the operators themselves, and the tourism consumers are not responsible, so the tourism consumers are required to bear the responsibility of the operators themselves for poor management. Obviously unfair is compulsory consumption.

Articles 5 and 6 above: Not all the increase in travel expenses caused by force majeure should be borne by travel consumers. The increased accommodation expenses shall be borne by the tourist consumers; The increased return cost should be shared by tourism consumers and travel agencies. The travel agency should also refund the fees received but not actually incurred.

Overlord clause 4: Adjust the itinerary at will

Clause 1: Party B reserves the right to adjust the itinerary without reducing the number of scenic spots.

Article 2: In case of service quality problems, Party B shall take timely measures to deal with the aftermath, and Party B shall no longer be liable for breach of contract.

Consumer Association Review:

The above clause 1: The operator obtains the right to unilaterally change the contract through this clause, which expands the scope of his own rights and violates the principle of fairness and the prohibitive provisions of the law. Travel agencies can neither reduce scenic spots by adjusting the itinerary, nor reduce the service quality by inducing, deceiving, forcing or disguised forcing tourism consumers to shop or participate in paid tourism projects, driving for a long time or driving at night.

Article 2 above: When service quality problems occur, consumers have the right to choose to ask operators to take remedial measures or compensate for losses. This standard clause of the operator evades the responsibility of ensuring service quality and excludes the claim right of tourism consumers.

Overlord clause 5: the number of groups is not enough to make a trip. Consumers have to pay compensation when they leave the group.

Terms: If Party B is unable to make the trip due to insufficient number of tour groups, Party B may change the departure date or change the category of tour groups, and Party A shall pay the fees according to the changed tour fee standard. If Party A chooses to quit the League, it shall bear the expenses incurred and compensate Party B for 30%-80% of the compensation.

Comments of Consumers Association: This clause expands the right of travel agencies to change the contract, exempts travel agencies from the responsibility to terminate the contract by giving advance notice, aggravates the responsibility of tourism consumers, and violates the most basic principle of equality in civil legal relations.

Overlord clause 6: the travel agency has the final interpretation right.

Terms: The final interpretation right of this contract belongs to Party B (travel agency).

Comments of Consumers Association: This clause violates the principle of autonomy of will of civil juristic acts in jurisprudence. It is equivalent to that when there are differences in the agreement, the merchant can impose his will on the consumer. According to the law, when there are different understandings of the meaning of the agreement, an explanation that is not conducive to the provider of the standard terms should be made.