Compensation standard for tourism disputes

(a) the travel agency violates the contract:

1. If the travel contract is terminated before departure, 10% of the paid total amount shall be taken as liquidated damages if the contract is terminated 7~4 days in advance, 15% of the paid total amount shall be taken as liquidated damages if the contract is terminated 3~ 1 day in advance, and 20% of the paid total amount shall be taken as liquidated damages when the contract is terminated that day, and the expenses paid by the passengers shall be 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. Travel agencies need tourists to pay for other projects without tourists' confirmation, and 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 suspension of tourism, the tourists will grade themselves and pay the tourists a penalty of 30% of the total cost; If other personal or property damage is caused to tourists, they 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.

(two) tourists breach of contract:

1. If the tourists cancel the contract before departure, and cancel the contract 7-4 days in advance, they will bear 50% of the total payment as liquidated damages. 60% of the total payment for terminating the contract 3~ 1 day in advance shall be regarded as liquidated damages, and 80% of the total payment for terminating the labor contract on the same day shall be regarded as liquidated damages. If it is not enough to make up for the loss of the travel agency, it shall be compensated according to the actual loss, and the maximum amount shall not exceed the total cost, and the rest shall be returned to the passengers;

2. If the tourists fail to pay the fees as agreed in the contract, the travel agency has the right to terminate the contract and demand the tourists to compensate for the losses;

3, tourists beyond the contract activities caused by the loss, to bear;

4. If the travel agency suffers losses due to the fault of the tourists, the tourists shall be liable for compensation;

(3) The third party's fault leads to breach of contract:

1, third party infringement and other reasons not attributable to the travel agency cause damage to the personal and property rights of tourists, and the travel agency shall not be liable for compensation. However, if the loss of personal and property rights and interests of tourists increases due to the travel agency's failure to fulfill its obligation of assistance, the travel agency shall be liable for the increased loss;

2. If the personal and property rights and interests of tourists are damaged in the activities arranged by themselves, and the travel agency has fulfilled the obligation of warning beforehand and assisting afterwards, it will not be liable for compensation.

Legal Basis: Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Tourism Dispute Cases Article 3 If a tourist suffers personal injury or property loss due to the same reasons of the tour operator, and the tourist chooses to ask the tour operator to bear the liability for breach of contract or tort, the people's court shall try the case according to the cause of action chosen by the parties.

Article 4 of the Supreme People's Court's Provisions on Several Issues Concerning the Application of Laws in the Trial of Tourism Dispute Cases stipulates that if the tourism operator breaches the contract due to the reasons of the tourism auxiliary service provider and the tourists only sue the tourism operator, the people's court may add the tourism auxiliary service provider as a third person.

Article 5 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Tourism Dispute Cases stipulates that if the tour operator has taken out liability insurance and the tourists only sue the tour operator for the insurance liability accident, the people's court may, at the request of the parties concerned, list the insurance company as a third party.