Outbound travel should be accompanied by a tour leader.

Outbound travel should be accompanied by a tour leader.

Nowadays, traveling abroad has entered thousands of households, and people have to experience exotic customs. However, some travel agencies ignore the rights and interests of tourists in order to make profits. Please look at the following example: Huang and his party participated in the "eight-day tour of Singapore-Malaysia Port" organized by a travel agency. After the tourists boarded the plane, they found that the tour group was in the same group of six travel agencies, and everyone's itinerary was different. What makes tourists feel confused and uneasy is that the tour group is not accompanied by the leader, and most of the tourists in the group are going abroad for the first time.

Since then, this overseas tour group has encountered many difficulties in the whole journey. How to change planes abroad? How to fill in the disembarkation card? What travel documents do you need? How to get in touch with overseas travel agencies, etc. When entering Singapore, the tour group was questioned by the border inspection department for two hours because it was unfamiliar with the situation, which seriously affected the normal tour activities. During the tour, the original itinerary was changed many times because there was no team leader to coordinate with overseas reception agencies. The tour group is a stranger in a foreign country and has to be at the mercy of overseas guides. After the trip, Huang asked the travel agency to compensate for its losses on the grounds that the travel agency did not provide corresponding supporting services and damaged its legitimate rights and interests.

The group's travel agency argues that it is the practice of travel agencies to hold tourists together because there are not enough people in the group. As long as they travel on time as agreed, it is of no practical significance to inform tourists. The two sides did not agree to send a team leader in advance for this outbound tour. Therefore, it does not constitute a breach of contract for a travel agency not to send a tour leader.

Zhong Dao believes that in the process of organizing outbound tourism, the travel agency violated relevant tourism laws and regulations and failed to fulfill its legal obligations:

1. Article 44 of the Detailed Rules for the Implementation of the Travel Agency Regulations stipulates: "When a travel agency transfers a signed tourist to another travel agency to organize a tour, it must obtain the written consent of the tourist." It can be seen that tourists have the right to choose their own travel agencies to provide services. Transferring tourists to other travel agencies without their written consent is a breach of contract, and the transferred travel agency shall bear corresponding legal responsibilities.

2. Article 5 of the Detailed Rules for the Implementation of the Travel Agency Regulations stipulates: Organize Chinese residents to travel to foreign countries, Hong Kong and Macao, arrange tour guides for them and entrust reception services. Article 10 of the Interim Measures for the Administration of China Citizens Traveling Abroad at Their Own expense stipulates: "The tourism activities of the team must be carried out under the leadership of the team leader." A tour leader refers to a person sent by a travel agency to provide help and services to outbound tourists, contact overseas travel agencies, urge them to fulfill their reception plans, mediate disputes, and assist outbound tourists and overseas reception agencies in handling accidents. As a legal obligation, it is undoubtedly the implied clause of any travel contract. The travel agency violates the implied terms of the contract, which is a breach of contract.

Judging from the above examples, due to the illegal operation of the travel agency, Huang and his party had to worry that the various arrangements in the itinerary were not in place and they did not enjoy the services they deserved. Travel agencies should not only compensate tourists for the loss of accommodation and scenic spots, but also refund the tour leader's service fee.