Traditional Culture Encyclopedia - Tourist attractions - What are the safeguards for the legitimate rights and interests of tour operators?
What are the safeguards for the legitimate rights and interests of tour operators?
Article 63 of the Tourism Law stipulates that if a travel agency attracts tourists to travel in groups and cannot leave the group because it does not reach the agreed number, the group agency may terminate the contract. However, tourists should be notified at least 7 days in advance for domestic tourism and at least 30 days in advance for outbound tourism. If you can't leave the group because you don't reach the agreed number, with the written consent of the tourists, the group agency may entrust other travel agencies to perform the contract. The package travel agency is responsible for tourists, and the entrusted travel agency is responsible for the package travel agency. If the tourists don't agree, they can cancel the contract. If the contract is terminated due to the failure to reach the agreed number of tour groups, the package tour agency shall refund all the fees charged to the tourists. The price of a package tour contract is related to the number of tourists who sign up for the tour. However, it is an uncertain factor whether the travel agency can attract the expected number of tourists to form a tour group before the scheduled tour begins. When travel agencies can't attract enough tourists, they may face the risk of not being able to make corresponding profits or even losing money. For the sake of fairness, the Tourism Law gives the travel agency the right to terminate the contract or make corresponding treatment if the number of applicants does not reach the pre-agreed number of tour fares.
Paragraph 2 of Article 71 of the Tourism Law stipulates that if a public transport operator causes personal injury or property loss to a tourist, the public transport operator shall be liable for compensation according to law, and the travel agency shall assist the tourist to claim compensation from the public transport operator. If personal injuries or property losses are caused to tourists due to the reasons of public transport operators, public transport operators shall be liable for compensation according to law. Public transportation here includes aviation, railways, passenger ships, city buses and subways. The reason why the Tourism Law excludes the damage caused by public transport operators from the scope of responsibility of travel agencies is that, unlike other performance assistants, travel agencies basically have no right to choose and control public transport operators. Although it is not liable for compensation, due to the characteristics of travel agencies organizing tourism, the law stipulates that it is obliged to assist tourists to claim compensation from public transport operators.
Paragraph 3 of Article 82 of the Tourism Law stipulates that tourists should pay the expenses that should be borne by individuals after receiving the help from relevant organizations or institutions.
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