Traditional Culture Encyclopedia - Tourist attractions - What are the ways to deal with tourism disputes?
What are the ways to deal with tourism disputes?
If tourists encounter travel disputes during the trip, they can communicate with the whole escort, tour leader or tour guide of the tour group organization first. If it can't be solved, he should contact the tour agency again and ask for proper handling. We should reflect our opinions and suggestions to them in time and make a decision after listening to the reply from the travel agency.
(two) request the consumer association for mediation.
The Tourism Law stipulates that consumer associations, tourism complaint handling institutions and relevant mediation organizations should mediate disputes between tourists and tour operators according to law on the basis of mutual willingness. When the consultation between consumers and tour operators fails, they can mediate with tour companies through consumer associations and other institutions.
However, mediation must abide by the principles of voluntariness and legality:
1. The principle of voluntariness includes two aspects: First, mediation must be conducted on the basis of voluntariness of both parties; Second, the content of the mediation agreement must be voluntary.
2. The legal principle of mediation mainly means that the mediation work should be based on facts, and on the basis of distinguishing right from wrong, the substantive law should be correctly applied to determine the rights and obligations of both parties. The contents of the mediation agreement shall not conflict with the prohibitive provisions in the civil law, shall not infringe upon the public interests of the state and society, shall not violate public order and good customs, and shall not harm the legitimate rights and interests of a third party.
(three) to appeal to the relevant administrative departments.
If consumers need to complain to the tourism management department, they should submit the claim and relevant evidence in time. When writing a claim, we should pay attention to:
1, objectively and truthfully state the content of the incident to be complained. The description of the event should be as specific and detailed as possible.
2. The evidence provided is true and valid. The main evidence includes travel contracts, travel travel itinerary, travel invoices, travel tickets, boat tickets, shopping invoices, certificates issued by the reception unit and other materials that can prove infringement and breach of contract.
3. The compensation claims and claims are legal and reasonable. For the complaints made by tourists, the tourism management department mainly determines the compensation responsibility and amount of travel agencies according to the "Compensation Standard for Service Quality of Travel Agencies" issued by the National Tourism Administration. Therefore, when determining the amount of compensation, tourists should take the responsibility for breach of contract agreed by both parties and the relevant regulations of the management department as the main basis.
(four) according to the arbitration agreement reached with the operator, submitted to an arbitration institution for arbitration.
When traveling, consumers usually sign travel contracts with travel companies. If there is an arbitration clause in the contract or an agreement is reached with the travel company afterwards, consumers can file an arbitration with an arbitration institution by virtue of the arbitration clause and the arbitration agreement.
(5) bring a lawsuit to the people's court.
Consumers can bring a lawsuit to the court with civil indictment, travel contract and other relevant evidence materials.
Legal basis: Article 94 of the Tourism Law of the People's Republic of China. If there is a dispute between tourists and tour operators, and there are a large number of tourists on one side, representatives may be elected to participate in consultation, mediation, arbitration and litigation.
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