What about tourism disputes and tourists' claims?

When you are going to take advantage of the long vacation to travel, it is necessary to know and master the relevant legal knowledge, so that when your legitimate rights and interests are violated or you encounter disputes, you can defend your rights according to law.

A summary of tourism disputes

There are various forms of tourism disputes, mainly including: First, there is a direct conflict between tourists and scenic spot staff. This kind of dispute is rare, but once it happens, it often has serious consequences and bad influence. Second, tourists are accidentally injured in tourist attractions. Although the tourism unit may not have subjective intention, if there is subjective negligence, the tourism unit should bear the tort liability. For example, a case in which a monkey scratched a tourist in Jinan Wildlife Park ended in compensation from the park. Third, the travel agency cut corners, and the services provided did not match the promises. When travel agencies provide services, they reduce items and grades: they agreed to stay in a three-star hotel before departure, but what they really stayed in was a dirty and shabby guest house; Poor food quality, not enough to eat; The layout of scenic spots is just a grasp. It takes half an hour or even ten minutes to get things done hastily, but it takes half a day to shop. The fourth is to sell fake and shoddy goods in scenic spots. In recent years, complaints about travel and shopping mainly focus on high-end goods, especially jewelry, computers, photography and video equipment.

Scope of tourism complaints and claims

When encountering one of the following seven situations, tourists should promptly complain and demand compensation:

1. unilateral breach of contract by tour operators. If the travel agency changes the contents of the contract without authorization after charging tourists' fees, or only collects money and does not provide services, the tourists shall immediately negotiate or complain to the tourism quality supervision and management department.

Second, the tourism services provided by tourism operators have shrunk significantly. For example, if the contract stipulates that tourists stay in hotels above three stars, but actually only stay in ordinary hotels, the promised service standard will be reduced.

Three, tourism operators caused the loss of luggage and articles of tourists. For example, hotels arranged by travel agencies do not have security guarantees, resulting in the theft of tourists' property; When a tourist visits a scenic spot, the travel agency fails to fulfill its custody responsibility, resulting in damage, loss or theft of the tourist's property.

Four, tourism operators intentionally or negligently caused personal injury to tourists.

Five, tourism operators cheat tourists and harm the interests of tourists. For example, recommending and selling fake and shoddy goods to tourists, making excuses and increasing tourists' fees without authorization.

Six, tourism business units employees accept kickbacks or ask for tips. For example, some tour guides turn tour guides into "shopping guides", cajoling tourists into shopping in a certain store, asking them for kickbacks, or directly asking tourists for tips.

Seven, other acts that harm the interests of tourists.

Conditions and procedures for tourists to claim compensation

Conditions: the claimant should be the party whose legitimate rights and interests of tourism have been infringed or his legal agent; Travel agencies with obvious infringement; There are specific claims for compensation; There are evidential materials; It belongs to the scope of compensation for the quality guarantee of travel agencies.

Procedure: The claimant shall submit a claim to the Tourism Quality Supervision Office, stating the following elements: the claimant's name, gender, occupation, unit and contact information; The name of the infringing travel agency, the name of the tour group and the departure date; Claims and reasons for compensation; Relevant evidence materials. After receiving the complaint, the quality supervision office thinks that it does not meet the scope of acceptance, and shall notify the claimant within 10 working days from the date of receiving the compensation request. For eligible claims for compensation, the quality supervision office shall require the infringer to investigate and verify the situation, actively negotiate with the claimant to resolve the dispute and reach an agreement on a voluntary basis. If negotiation fails, the quality supervision office shall put forward opinions on compensation, instruct the infringer to compensate the tourists, or directly use the quality deposit of the travel agency to compensate the tourists.

Administrative reconsideration procedure: if the applicant refuses to accept the decision made by the quality supervision office, he shall apply for reconsideration to the quality supervision office at the next higher level within 15 working days from the date of receiving the decision; If a party refuses to accept the reconsideration decision, he may bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration. According to the provisions of the Civil Procedure Law, the limitation of action for disputes over tourism service contracts is one year. If the prosecution is overdue, the court will not accept it.