The compensation process of tourism quality supervision office for the quality deposit of the complained travel agency

Travel agency quality deposit refers to the special funds paid by travel agencies and managed by tourism administrative departments to protect the rights and interests of tourists. According to the Interim Measures for Compensation for Quality Margin of Travel Agencies, after accepting a complaint, the Tourism Quality Supervision Office can be divided into two stages according to the working procedures. Mediation stage: On the basis of finding out the facts and distinguishing the responsibilities, the Tourism Quality Supervision Office first mediates between the tourists and the complained travel agency, so as to make the complainant and the complained travel agency understand each other and reach an agreement. The vast majority of complaints at work are resolved through mediation. If one party refuses to accept the mediation, it will enter the next stage, that is, the compulsory stage: the quality supervision office can handle the case that cannot be mediated alone as follows: if it is the fault of the complained travel agency, it can order the complained travel agency to compensate the claimant for its losses. And through the "travel agency quality margin compensation decision" form, notify the requester and the complained travel agency, and stipulate that the "decision" is approved and issued by the person in charge of the tourism bureau. "If a party refuses to accept the compensation decision, he may appeal to the quality supervision office at the next higher level within 05 days from the date of receiving the decision". If the complained travel agency still refuses to pay compensation, the Quality Supervision Institute may, according to Article 43 of the Regulations on the Administration of Travel Agencies: "When the travel agency refuses or is unable to bear the liability for compensation, the tourism administrative department may allocate it from the quality guarantee fund of the travel agency." According to Article 9 of the Administrative Reconsideration Law, "citizens, legal persons or other organizations may apply for administrative reconsideration within 60 days from the date of knowing the specific administrative act." Article 12 "If an applicant refuses to accept a specific administrative act of the working department of a local people's government at or above the county level, he may choose to apply for administrative reconsideration to the people's government at the same level or the competent department at the next higher level." If the travel agency refuses to accept the compensation decision, it may apply for administrative reconsideration, and this right shall be reflected in the compensation decision. If the complained travel agency refuses to accept the compensation decision and does not apply for reconsideration within the specified time, it may transfer the quality deposit of the complained travel agency in the name of the tourism administrative department according to Article 43 of the Regulations on the Administration of Travel Agencies. If the travel agency refuses to accept it, it can apply for administrative reconsideration according to the Administrative Reconsideration Law, and this right should also be reflected in the allocation decision. The travel agency's application for administrative reconsideration does not affect the implementation of the compensation decision or distribution decision. Article 21 of the Administrative Reconsideration Law stipulates: "During the period of administrative reconsideration, the specific administrative act shall not be suspended". According to this regulation, even if the travel agency that has been allocated the quality deposit submits an administrative reconsideration, it cannot affect the implementation of the quality deposit. At the same time, the travel agency must also make up the allocated deposit on schedule in accordance with the provisions in the Detailed Rules for the Implementation of the Interim Provisions on Quality Margin for Travel Agencies that "the deposit should be kept at a specified amount, and the travel agency must make up the insufficient part within 60 days". To sum up, as long as the travel agencies that tourists participate in tourism are established according to law, and have paid the quality deposit of travel agencies in full, and the travel agencies complained by tourists meet the trial conditions of quality deposit in the Interim Measures for Compensation of Quality Deposit of Travel Agencies, even if the travel agencies refuse to compensate tourists for their losses, the tourism administration department and the tourism quality supervision office will mediate and order compensation according to the Regulations on the Administration of Travel Agencies and the Interim Measures for Compensation of Quality Deposit of Travel Agencies until the quality deposit of the complained travel agencies is forcibly allocated.