What should I do when I travel in the face of "transferring the group"?

At present, the dispute of "transferring tour groups" in tourism has become increasingly prominent-many travel agencies often use the way of "transferring tour groups" to transfer their contracted tourists to other travel agencies, and another travel agency will provide services for tourists.

This kind of "tour group" has caused some confusion to consumers' complaints and lawsuits: the travel agency that signed the contract did not have an actual dispute with the tourists, but the travel agency that had a dispute with the tourists did not sign the contract. So which travel agency should be sued after the dispute?

Liu Junhai, a researcher at the Institute of Law of the Chinese Academy of Social Sciences, believes that the key to which travel agency should be prosecuted for disputes arising from the transfer of tourism is whether consumers agree to the transfer.

If the consumer agrees to transfer the tour group and signs a new contract with the travel agency after the transfer, it means that he has terminated the contractual relationship with the original travel agency, established a new contractual relationship with the new travel agency, and accepted its services, so if something goes wrong, he can only sue the newly signed travel agency. If the consumer does not agree to the transfer, but only accepts the fact of the transfer, it can be regarded as that the contract with the original travel agency is still being fulfilled, while the travel agency that accepts the transfer is in the situation of "the third party performing the debt on behalf of it" as mentioned in the Contract Law. If the travel agency fails to perform the contract or does not conform to the contract in the process of performance, then the consumer can sue the travel agency that originally signed the contract with him.

Han Bing, a lawyer of Beijing Ke Hua Law Firm, also supports this statement. He said that if there is a dispute after the transfer, consumers should sue the travel agency that signed the contract with them. Because once a consumer signs a contract with a travel agency, there is a creditor-debtor relationship, that is, "contract debt", and the travel society provides services. If a travel agency "subcontracts" tourists to other travel agencies, it is transferring its rights and obligations with consumers, that is, transferring debts. If the consumer disagrees with or doesn't know that the travel agency "transfers the tour" and the service provided by the travel agency that accepts the transfer does not conform to the contract, then the consumer can sue the travel agency that actually signed the contract with it.

A staff member of the Service Quality Supervision and Management Office of Beijing Travel Agency told the reporter that if consumers are ready to complain after subcontracting a tour group, they should complain to the travel agency that signed the contract with them.

In addition, when tourists are faced with "tour transfer" when traveling, they should first ask the travel agency to clearly issue the terms agreed with the tourists, such as travel itinerary, travel price, liability for breach of contract, etc., including transportation arrangement, scenic spots, accommodation standards, catering standards, entertainment standards, shopping times, etc.

If a breach of contract is found after the tour, the tourist can complain to the travel agency to the tourism administrative department or the tourism quality supervision agency entrusted by him afterwards, and can make recourse to the travel agency according to the above terms.

Most importantly, travel agencies must use a written agreement when they reach a "tour package tour" agreement with tourists, because once a dispute arises, it is difficult for travel agencies to prove that they have reached an "oral contract" with tourists without black and white.