Traditional Culture Encyclopedia - Tourist attractions - Can tourists claim compensation from the travel agency because of the change of travel itinerary caused by floods during their travels?
Can tourists claim compensation from the travel agency because of the change of travel itinerary caused by floods during their travels?
You can't. Paragraph 1 of Article 117 of the Contract Law stipulates that if a contract cannot be performed due to force majeure, it shall be exempted from liability in part or in whole according to the influence of force majeure, unless otherwise stipulated by law. The sudden flood during the trip is force majeure, and if the travel agency breaches the contract due to force majeure, even if it causes damage to tourists, the travel agency has no legal obligation to compensate for the damage; Because the compensation for damages for breach of contract is based on the principle of fault liability, force majeure shows that the parties are not at fault for the occurrence of the fact of breach of contract, and tourists can ask the travel agency to refund part of the fees paid. However, in the case of force majeure, travel agencies should also fulfill certain obligations. Article 37 of the Detailed Rules for the Implementation of the Travel Agency Regulations stipulates that in the course of travel, when there is an emergency caused by force majeure, endangering the personal and property safety of tourists or non-responsibility of the travel agency, the travel agency has to adjust or change the travel arrangements agreed in the travel contract, and should explain it to the tourists in advance; If it is really impossible to explain in advance due to objective circumstances, it shall be explained afterwards. Article 67 of the Tourism Law stipulates that if the travel itinerary is affected by force majeure or unavoidable events after the travel agencies and tour guides have fulfilled their duty of reasonable care, it shall be handled according to the following circumstances: (1) If the contract cannot be continued, both the travel agencies and tourists may terminate the contract. If the contract cannot be fully performed, the travel agency can change the contract within a reasonable range after explaining it to the tourists; If the tourists do not agree to the change, they may terminate the contract. (2) If the contract is terminated, the package tour agency shall refund the balance to the tourists after deducting the non-refundable fees paid to the land agency or the performance assistance personnel; If the contract is changed, the increased expenses shall be borne by the tourists, and the reduced expenses shall be returned to the tourists. (3) If the personal and property safety of tourists is endangered, the travel agency shall take corresponding safety measures, and the expenses thus incurred shall be borne by the travel agency and tourists. (4) If the tourists stay, the travel agency shall take corresponding resettlement measures. Therefore, the increased accommodation costs are borne by tourists; The increased return expenses are shared by travel agencies and tourists.
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