Traditional Culture Encyclopedia - Tourist attractions - What is the scope of travel service damage compensation?
What is the scope of travel service damage compensation?
Legal analysis: 1. Agreed compensation. If the scope of compensation is stipulated in the travel contract, if damage to travel services occurs, the tourists should generally be compensated in accordance with the stipulations in the travel contract. If the travel contract is obviously unfair, the injured tourist has the right to request the cancellation of the unfair terms in the contract. 2. Compensation based on actual losses. The travel agency shall compensate the actual losses caused to tourists due to its own breach of contract, such losses include direct losses and indirect losses.
Legal basis: "Regulations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Tourism Dispute Cases" Article 8 Tourism operators and tourism auxiliary service providers have not responded to tourism projects that may endanger the personal and property safety of tourists. If the performance of notification and warning obligations results in personal injury or property loss to tourists, and tourists request tourism operators or tourism auxiliary service providers to bear responsibility, the People's Court shall support it.
Tourists fail to provide personal health information related to tourism activities and fulfill their obligation to report truthfully as required by travel operators and travel auxiliary services, or fail to obey the notifications of travel operators and travel auxiliary services, Warning: If tourists participate in tourism activities that are not suitable for their own conditions, resulting in personal injury or property loss during the tourism process, and tourists request tourism operators or tourism auxiliary service providers to bear responsibility, the People's Court will not support it.
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