Traditional Culture Encyclopedia - Tourist attractions - What are the problems in the change of tourism contract?
What are the problems in the change of tourism contract?
Many of us must have had travel experience, so choosing a travel agency must have a travel contract. When the travel contract is changed, the existing problem is that the travel agency wants to increase the tour fare of tourists on the grounds of the rising borrowing cost of the tourist destination, and the two parties fail to negotiate and terminate the contract. The other is that tour guides lead tourists to participate in self-funded projects, which tourists think is forced consumption. Problems in the change of tourism contract 1. Problems existing in the change of travel contract before the departure of tour groups. At this stage, the proposed contract changes focus on canceling the travel contract, postponing or advancing the travel time, etc. Travel agencies sometimes ask tourists to increase the money of tour groups on the grounds of rising reception fees at tourist destinations. Failure of negotiation between the two parties may lead to the termination of the contract. The travel contract is changed during the trip. Generally, it is proposed by tour guides (tour leaders) or tourists: tour guides (tour leaders) want tourists to participate in self-funded projects and increase shopping malls; Sometimes it may be that tourists propose to change the service items. Because the tour guide (tour leader) has not obtained the consent of all tourists, tourists will think that the travel agency forces consumption. Three. Principles that must be followed in changing the tourism contract 1. Changes in tourism contracts must comply with the provisions of laws and regulations. The travel contract signed by tourists and travel agencies must be legal, and the change of the contract must also be legal. The change of travel contract must be completed before the completion of the contract. If there is no contract between travel agencies and tourists, or if the contract has been fulfilled and the contractual relationship no longer exists, there will be no legal relationship between tourists and travel agencies, and the contractual rights and obligations will be changed. 3. The change of travel contract must reflect negotiation. Whether it is a travel agency or a tourist, the change of the travel contract must reflect the principle of consensus and obtain the consent of the other party. Without consultation between both parties, any party who changes the contents of the contract without authorization is a breach of contract and must bear corresponding legal responsibilities. All parties to a contract can propose amendments to the contract. Tourists and travel agencies have completely equal legal status, and either party can propose to change the travel contract or any content of the travel contract. 5. After the force majeure, the tour guide (tour leader) should explain the real situation to the tourists, and can change the travel contract after obtaining the consent of most tourists. Four. Principles for handling disputes over changes in tourism contracts 1. As long as the tourists and travel agencies reach an agreement through consultation, and the contents of the consultation do not violate the mandatory provisions of laws and regulations, the change of the contents of the travel contract is legal and effective. The most powerful evidence that the travel agency and its tour guide (tour leader) prove that the contract change has been agreed by the tourists is the signature of the tourists who agree to the change. If the tour guide (tour leader) can't produce the signature of the tourists agreeing to the change, it should be presumed that the tourists don't agree to the change, and the tour guide (tour leader) unilaterally changes, which belongs to the category of unauthorized change, that is, the travel agency breaches the contract. 1. If the travel agency and its employees change the service content without authorization, they shall refund the tourists the corresponding expenses, bear the liability for breach of contract in accordance with the contract, and accept the administrative punishment of the tourism management department. 3. If tourists need to change their itinerary or service items, they must also obtain the consent of the travel agency. If the tourist raises the accommodation standard and traffic standard without the consent of the travel agency, the service price difference shall be borne by the tourist himself. If the tourist's behavior causes losses to the travel agency, the travel agency may require the tourist to bear the losses. The change of tourism contract is aimed at all kinds of bad aspects of tour groups, so the state needs to govern the tourism industry. One principle of handling disputes over changing tour groups in Zhejiang Province is that any unauthorized change of tour groups is a breach of contract by travel agencies, and travel agencies need to refund the corresponding fees to tourists, and relevant departments need to punish them.
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