How to compensate the travel agency for breach of contract?

The travel agency's compensation for breach of contract is as follows:

1. If the travel contract is terminated before departure, 10% of the total contract payment will be liquidated damages 7-4 days in advance, 15% of the total contract payment will be liquidated damages if it is terminated 3- 1 day in advance, and 20% of the total contract payment will be liquidated damages if it is terminated that day. All the fees paid by the passengers will be refunded within 5 working days.

2. If the travel agency fails to complete the work as agreed in the contract, it shall actively take remedial measures; If remedial measures are not taken or cannot be remedied after remedial measures are taken, it shall be liable for compensation;

3. If the travel agency needs tourists to pay for other projects without tourists' confirmation, it shall bear all the expenses;

4. When the travel agency stops providing accommodation, catering, transportation and other services. For tourists, they should bear the necessary expenses such as accommodation, catering and transportation. During the period of suspension of travel, the same level shall be determined by the tourists themselves, and a penalty of 30% of the total cost shall be paid to the tourists; If it causes other personal or property damage to tourists, it shall also be liable for damages;

5. Tourists who transfer or join the tour group without the tourists' consent are informed before departure (excluding the day) and have the right to terminate the contract. The travel agency shall refund the paid travel expenses in full and pay a penalty of 15% of the total travel expenses; If the tourists only know about it on the day of departure or after departure, the travel agency shall pay a penalty of 25% of the total cost. If the tourist requests to terminate the contract, the travel agency will refund the paid fees in full; If the liquidated damages are not enough to compensate the actual losses of tourists, the travel agency shall compensate the tourists according to the actual losses.

The travel agency's right to breach the contract with the travel agency is as follows:

1. Negotiate with tour operators. When a tourist encounters a travel dispute during the trip, he can first communicate with the tour group's full escort, tour leader or local tour guide, and then contact the tour group to properly handle it;

2. Ask the consumer association for mediation. When consultation with tour operators fails, consumers can mediate with tour companies through consumer associations and other institutions;

3. Mediation must follow the principles of voluntariness and legality;

4. Complain to the relevant administrative department. If consumers need to complain to the tourism management department, they shall submit the claim for compensation and relevant evidence in time;

5. Apply to an arbitration institution for arbitration according to the arbitration agreement reached with the operator;

6. 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.

To sum up, tourists' breach of contract can be divided into breach of contract before the start of tourism and breach of contract after the start of tourism. Because travel involves transportation, accommodation, tour guides and other services, and travel contracts are generally based on groups, travel agencies have a lot of preparations before the start of travel. Travel agencies need the help of tourists to complete these procedures.

Legal basis:

Article 70 of the Tourism Law of the People's Republic of China

If the travel agency fails to perform the obligations of the package tour contract or fails to perform the contractual obligations, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses according to law; Those who cause personal injury or property loss to tourists shall be liable for compensation according to law. If the travel agency has the conditions to perform and refuses to perform the contract after being requested by the tourists, resulting in serious consequences such as personal injury and detention of the tourists, the tourists may also ask the travel agency to pay compensation of more than one time and less than three times the travel expenses.

If the package tour contract cannot be fulfilled or cannot be fulfilled as agreed due to the tourists' own reasons, or personal injury or property loss is caused to the tourists, the travel agency shall not be liable.

During the period when tourists arrange their own activities, if the travel agency fails to fulfill the obligation of safety tips and assistance, it shall bear corresponding responsibilities for personal injuries and property losses of tourists.