Traditional Culture Encyclopedia - Tourist attractions - Claim conditions of tourism disputes

Claim conditions of tourism disputes

Legal analysis: In case of 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.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 577 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 583 Where one party fails to perform its contractual obligations or fails to comply with the contract, and after performing its obligations or taking remedial measures, the other party still suffers other losses, it shall compensate for the losses.

Article 584 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, thus causing losses to the other party, the amount of damages shall be equivalent to the losses caused by the breach of the contract, including the benefits that can be obtained after the performance of the contract; However, it shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.