Traditional Culture Encyclopedia - Tourist attractions - The obligations of the tourism management department are as follows
The obligations of the tourism management department are as follows
The duty of tour operators refers to the responsibility that tour operators should perform in their tourism activities, that is, tour operators must make certain behaviors or restrain their own behaviors according to law. The obligations of tourism operators correspond to the rights of tourism consumers, and the realization of tourism consumers' rights is realized to some extent through the performance of obligations by tourism operators. According to the provisions of Articles 16 to 25 of the Consumer Protection Law, tour operators must perform the following obligations:
(1) Fulfill the obligations stipulated by relevant laws and regulations and the obligations agreed with the tourism consumers. Fulfilling the obligations stipulated in relevant laws and regulations includes the following contents: ① When providing goods or services to tourism consumers, tour operators should fulfill the obligations stipulated in laws and regulations such as the Product Quality Law, the Food Hygiene Law, the Drug Administration Law, the Advertising Management Regulations and the Trademark Law. ② Tour operators have the obligation to fulfill the legal agreement with tour consumers. The agreement between tourism operators and tourism consumers refers to the agreement reached between tourism operators and tourism consumers on goods or services, which is a double-obligation contract. Of course, this agreement shall not violate the provisions of laws and regulations.
(2) the obligation to accept the supervision of tourism consumers. The obligation to accept the supervision of tourism consumers includes the following contents: ① Tourism operators should accept the criticism and suggestions of tourism consumers by setting up special institutions, equipping full-time personnel to collect, listening to the criticisms and suggestions of consumers, and talking with consumers. (2) Put the activities of providing goods or services to tourism consumers under the effective supervision of tourism consumers.
(3) the obligation to ensure the safety of goods or services. The obligation to ensure the safety of goods and services includes the following contents: ① The goods or services provided by tour operators shall meet the requirements of protecting personal and property safety. Tourism operators should be equipped with tourism safety facilities and safety equipment, regularly check and maintain tourism facilities, establish a safety management responsibility system, and ensure the personal and property safety of tourists. The operation of amusement facilities shall obtain the acceptance certificate of the technical inspection department in accordance with the relevant provisions of the state. For goods and services that may endanger personal and property safety, a true explanation and a clear warning should be given to the tourist consumers, and the correct use method and the methods to prevent harm should be explained and marked. (3) If the goods or services are seriously defective, even if they are used correctly, they may cause personal and property damage to the tourism consumers. Tourism operators shall immediately report to the relevant departments and inform tourism consumers, and take measures to prevent harm.
(4) the obligation to provide true information about goods or services. The obligation to provide true information of goods and services includes the following contents: ① Tourism operators should provide true information of goods or services to tourism consumers, and shall not make misleading false propaganda. (two) to give a true and clear answer to the questions raised by tourism consumers about the quality of goods or services and how to use them. (3) The goods or services provided shall be clearly marked.
(5) the obligation to indicate the real name and logo of the operator. The obligation to indicate the real name and logo of tour operators includes the following contents: ① Tour operators and operators who rent other people's counters or business premises shall truthfully indicate the enterprise name and business logo. ② You can only use your real tourism enterprise name or business logo. Do not use an enterprise name that has not been approved and registered; Shall not change or use the enterprise name approved and registered without authorization; It is not allowed to impersonate other people's enterprise names and business marks held by others, and it is not allowed to impersonate or use enterprise names and business marks that are similar to other people's enterprise names and business marks and enough to mislead tourism consumers.
(six) the obligation to issue purchase vouchers or service documents. The obligation to issue shopping vouchers or service documents includes the following contents: ① When providing goods or services, tour operators shall issue shopping vouchers or service documents to consumers in accordance with relevant state regulations or business practices. (2) Vouchers and documents required by tourism consumers must be issued by operators. Purchase certificate refers to the written certificate issued by the seller of goods to the buyer of goods to prove the performance of the contract after the performance of the contract. Business practices refer to the practices that operators in a certain industry generally follow when selling goods or providing services, especially when issuing purchase vouchers or service documents to consumers. Although it is not stipulated by national laws and regulations, it is recognized and observed by relevant operators and plays an important role in maintaining normal trading order and protecting consumers' rights and interests.
(7) the obligation to ensure the quality of goods or services. The obligation to ensure the quality of goods or services includes the following contents: ① Except that the tourist consumers know that the goods or services are defective before purchasing, the tour operators should ensure that the tourist goods or services they provide have certain quality, performance, use and expiration date under the normal use of the tourist goods or services. (2) Where a tourism operator indicates the quality of tourism goods or services by advertisements, products, descriptions, physical samples or other means, it shall ensure that the actual quality of the tourism goods or services provided by him is consistent with the indicated quality.
(8) Undertake the obligation of "three guarantees" and other responsibilities. The obligation to undertake the "three guarantees" includes the following contents: ① The tour operator shall undertake the guarantee, replacement, return or other responsibilities (such as breach of contract, infringement, failure to perform other obligations, etc.) of the tourist goods according to the regulations or agreements; According to the characteristics of different service industries, in accordance with the relevant provisions or agreements of the state, assume responsibility for the services provided by them; ③ Do not deliberately delay or unreasonably refuse to perform relevant obligations.
(9) There is no obligation to restrict the rights of consumers through standard contracts. The obligation not to use format contracts to restrict consumers' rights includes the following contents: ① Tour operators shall not use format contracts, notices, statements, shop notices and other means to make unfair and unreasonable provisions for tourism consumers. (2) The civil liability for harming the legitimate rights and interests of tourism consumers shall not be reduced or exempted in the above ways. (3) The format contract violates the first two obligations, and its content is invalid. Standard contract, also known as standardized contract or standardized contract, refers to the contract terms unilaterally drawn up by operators and consumers in the field of consumption. Its characteristics are as follows: the subject of standard contract is the operator; The other party only has the freedom to accept or not accept the contract, but not to participate in the decision of the contract content: the object of the contract is the unspecified majority of consumers, which is universal in application; Once formulated, it can be used for a long time, with fixity and continuity. Notices, statements, shop notices, etc. refer to the way that operators inform consumers of their business operations in an express way. Notices, statements and shop notices are common methods in practice. In addition, there are other ways such as explanation, notification and customer notification.
(10) The obligation to respect the personal rights of consumers. The obligation to respect the personal rights of consumers includes the following contents: ① Do not insult or slander tourism consumers. Operators or others degrade and denigrate the personal dignity of tourism consumers by fabricating and spreading false facts, or using uncivilized and impolite language, which is an act of infringing citizens' right of reputation. (2) Do not search the body of a tourist consumer or the articles he carries. (3) The personal freedom of tourism consumers shall not be infringed.
(1 1) Tourism operators should abide by professional ethics and operate according to law in their business activities; Follow the principles of equality, voluntariness, fairness, honesty and credibility; Open service items and charging standards.
(12) Tourism operators shall establish and keep complete business files, accept the supervision and management of tourism administrative departments, and truthfully provide relevant information such as tourism management and tourism statistics.
(13) Tourism operators should strengthen the education and training of employees and implement standardized and standardized services in accordance with national and tourism industry standards.
(14) Tourism operators shall obtain service quality grades in accordance with relevant state regulations and implement standardized management of service quality. Tourism operators who have not obtained the service quality grade shall not use the service quality grade marks and titles for advertising or business activities. The state encourages tour operators to apply for enterprise quality system certification.
Legal basis:
Law of the People's Republic of China on Protection of Consumer Rights and Interests
Article 16 When providing commodities or services to consumers, business operators shall perform their obligations in accordance with the provisions of this Law and other relevant laws and regulations.
If there is an agreement between the operator and the consumer, they shall perform their obligations in accordance with the agreement, but the agreement between the two parties shall not violate the provisions of laws and regulations.
When providing commodities or services to consumers, business operators shall abide by social morality, be honest and trustworthy, and protect the legitimate rights and interests of consumers; Unfair and unreasonable trading conditions shall not be set, and trading shall not be forced.
Article 17 Business operators shall listen to the opinions of consumers on the goods or services they provide and accept the supervision of consumers.
Article 18 Business operators shall ensure that the commodities or services they provide meet the requirements of protecting personal and property safety. For goods and services that may endanger personal and property safety, consumers should be given a true explanation and a clear warning, and the methods of correctly using goods or receiving services and the methods of preventing harm should be explained and marked.
Operators of hotels, shopping malls, restaurants, banks, airports, stations, ports, theaters and other places of business shall fulfill their obligations of safety protection for consumers.
Article 19 Where a business operator finds that the goods or services it provides are defective and endanger personal and property safety, it shall immediately report to the relevant administrative department to inform consumers, and take measures such as stopping sales, warning, recall, harmless treatment, destruction, and stopping production or services. Where recall measures are taken, the business operator shall bear the necessary expenses incurred by consumers for recalling goods.
Article 20 Business operators shall provide consumers with information such as the quality, performance, use and expiration date of goods or services, and shall not make false or misleading propaganda.
Business operators should give true and clear answers to the questions raised by consumers about the quality and usage of the goods or services they provide.
Business operators shall clearly mark the prices of commodities or services provided.
Twenty-first operators should indicate their real names and signs.
Operators who lease other people's counters or venues shall indicate their real names and marks.
Twenty-second operators to provide goods or services, should be in accordance with the relevant provisions of the state or business practices to consumers to issue invoices and other purchase vouchers or service documents; When consumers ask for service documents such as shopping vouchers or invoices, business operators must issue them.
Twenty-third operators should ensure the quality, performance, use and validity of the goods or services they provide under the normal use of goods or services; However, consumers already know that there is a defect before buying goods or receiving services, except that the existence of the defect does not violate the mandatory provisions of the law.
Where a business operator indicates the quality of goods or services by advertisements, product descriptions, physical samples or other means, it shall ensure that the actual quality of the goods or services it provides is consistent with the indicated quality.
If consumers find defects in durable goods such as motor vehicles, computers, televisions, refrigerators, air conditioners, washing machines and other services provided by operators within six months from the date of accepting goods or services, and disputes arise, the operators shall bear the burden of proof for the defects.
Article 24 If the goods or services provided by business operators do not meet the quality requirements, consumers may return them in accordance with the provisions of the state and the agreement of the parties concerned, or require business operators to fulfill the obligations of replacement and repair. If there is no state regulation and agreement between the parties, consumers can return the goods within seven days from the date of receipt; After seven days, consumers who meet the statutory conditions for terminating the contract can return the goods in time. If it does not meet the statutory conditions for terminating the contract, it may require the operator to fulfill the obligations of replacement and repair.
Where goods are returned, replaced or repaired in accordance with the provisions of the preceding paragraph, the business operator shall bear the necessary expenses such as transportation.
Twenty-fifth operators sell goods through the Internet, television, telephone and mail order. Consumers have the right to return the goods within seven days from the date of receipt without giving reasons, except for the following goods:
(1) ordered by consumers;
(2) Fresh and perishable;
(3) Digital commodities such as audio-visual products and computer software downloaded or unpacked by consumers online;
(4) newspaper delivery.
In addition to the goods listed in the preceding paragraph, other goods that are not suitable for return according to the nature of the goods and confirmed by consumers at the time of purchase are not returned without reason.
The goods returned by consumers shall be in good condition. The business operator shall refund the commodity price paid by the consumer within seven days from the date of receiving the return. The return freight is borne by the consumer; Unless otherwise agreed between the operator and the consumer, such agreement shall prevail.
Article 26 When using standard clauses in business activities, business operators should draw consumers' attention to the quantity and quality, price or cost, time limit and method of performance, safety precautions and risk warning, after-sales service, civil liability and other matters related to consumers' vital interests, and explain them according to consumers' requirements.
Operators shall not make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers' rights, reducing or exempting operators' responsibilities, and aggravating consumers' responsibilities, by means of format clauses, notices, statements, shop notices, etc. , and shall not use format terms and use technical means to force transactions.
Format terms, notices, statements, shop notices, etc. If it contains the contents listed in the preceding paragraph, its contents are invalid.
Article 27 Business operators shall not insult or slander consumers, search their bodies and articles, or infringe upon their personal freedom.
Article 28 Operators who provide goods or services through the Internet, television, telephone, mail order, etc., and operators who provide financial services such as securities, insurance, banking, etc., shall provide consumers with information such as business address, contact information, quantity and quality of goods or services, price or expenses, time limit and method of performance, safety precautions and risk warning, after-sales service, civil liability, etc.
Article 29 When collecting and using consumers' personal information, business operators shall follow the principles of legality, justice and necessity, clearly state the purpose, manner and scope of collecting and using information, and obtain the consent of consumers. When collecting and using consumers' personal information, business operators shall disclose their collection and use rules, and shall not collect and use information in violation of the provisions of laws and regulations and the agreement of both parties.
Operators and their staff must keep the personal information of consumers strictly confidential, and may not disclose, sell or illegally provide it to others. Operators shall take technical measures and other necessary measures to ensure information security and prevent consumers' personal information from being leaked or lost. In case of information leakage or loss, remedial measures should be taken immediately.
Without the consent or request of consumers, or the explicit refusal of consumers, business operators shall not send commercial information to consumers.
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