Measures to deal with tourism complaints

Chapter I General Provisions Article 1 In order to safeguard the legitimate rights and interests of tourists and tour operators and handle tourism complaints fairly according to law, these Measures are formulated in accordance with the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, the Regulations on Travel Agencies, the Regulations on the Administration of Tour Guides and the Measures for the Administration of China Citizens Traveling Abroad. Article 2 The term "tourism complaints" as mentioned in these Measures refers to the behavior of tourists who think that tourism operators have harmed their legitimate rights and interests and request the tourism administrative department, the tourism quality supervision and management institution or the tourism law enforcement institution (hereinafter referred to as the "tourism complaint handling institution") to handle civil disputes between the two sides. Article 3 A tourist complaint handling institution shall handle tourist complaints within the scope of its duties.

Local tourism administrative departments at all levels shall, under the leadership of the people's governments at the corresponding levels, establish and improve the working mechanism of relevant administrative departments in handling tourism complaints. Article 4 When handling tourist complaints, a tourist complaint handling institution finds that the respondent and its staff have committed illegal and criminal acts, it shall impose administrative punishment in accordance with the provisions of laws, regulations and rules, and put forward suggestions on administrative punishment to the relevant administrative departments or transfer them to judicial organs. Chapter II Jurisdiction Article 5 Tourism complaints shall be under the jurisdiction of the local tourism complaint handling institutions at or above the county level where the tourism contract is signed or where the respondent is located.

If it is necessary to immediately stop and correct the damage behavior of the respondent, it shall be under the jurisdiction of the tourism complaint handling institution where the damage behavior occurred. Article 6 A higher-level tourist complaint handling institution has the right to handle complaint cases under the jurisdiction of a lower-level tourist complaint handling institution. Article 7 In the event of a jurisdiction dispute, the tourist complaint handling institution may determine it through consultation, or report it to the superior tourist complaint handling institution of * * * for designation of jurisdiction. Chapter III Acceptance Article 8 A complainant may lodge a complaint with the tourist complaint handling institution on the following matters:

(a) the tour operator violates the contract;

(2) The complainant's personal and property damage is caused by the responsibility of the tour operator;

(three) due to force majeure or accidents, the travel contract can not be fulfilled or can not be fully fulfilled, and the complainant and the respondent have disputes;

(four) other acts that damage the legitimate rights and interests of tourists. Article 9 The following circumstances shall not be accepted:

(a) the people's court, arbitration institution, other administrative departments or social mediation institutions have accepted or handled it;

(2) The tourist complaint handling institution has dealt with it, and there is no new situation or new reason;

(three) does not belong to the scope of responsibility or jurisdiction of the tourism complaint handling institution;

(four) more than 90 days after the termination of the travel contract;

(five) does not meet the requirements stipulated in article tenth of these measures;

(six) other economic disputes outside the provisions of these measures.

In case of any of the circumstances specified in Item (3) of the preceding paragraph, the tourist complaint handling institution shall promptly inform the complainant to complain to the competent tourist complaint handling institution or the relevant administrative department. Article 10 A tourist complaint shall meet the following conditions:

(1) The complainant has a direct interest in the complaint;

(2) Having a clear respondent, specific complaints, facts and reasons. Eleventh travel complaints should generally be in written form, in duplicate, and specify the following items:

(a) the complainant's name, gender, nationality, mailing address, postal code, telephone number and date of complaint;

(2) The name and location of the respondent;

(three) the requirements, reasons and relevant factual basis of the complaint. Twelfth complaints are relatively simple, the complainant can complain orally, recorded or registered by the tourism complaint handling agency, and inform the respondent; For complaints that do not meet the acceptance conditions, the tourism complaint handling institution may orally inform the complainant of the reasons for rejection, and record or register them. Article 13 If a complainant entrusts an agent to carry out complaint activities, he shall submit a power of attorney to the tourism complaint handling institution, and specify the authorization authority. Article 14 If there are more than four complainants who complain about the same respondent for the same reason, it is the same complaint.

* * * The complainant can choose 1 to 3 representatives to make a complaint. Representatives' participation in the complaint handling process of tourism complaint handling institutions is valid for all complainants, but the change, abandonment or reconciliation of representatives should be agreed by all complainants. Fifteenth tourist complaint handling institutions shall make the following treatment within 5 working days after receiving the complaint:

(a) complaints in accordance with these measures shall be accepted;

(two) if the complaint is not in conformity with these measures, it shall be served on the complainant with the Notice of Non-acceptance of Tourism Complaints, informing him of the reasons for not accepting it;

(3) In accordance with the relevant laws and regulations and the provisions of these Measures, if this institution has no jurisdiction, it shall hand over the complaint materials to the competent tourism complaint handling institution or other relevant administrative departments in the form of the Notice of Transfer of Tourism Complaints or the Letter of Transfer of Tourism Complaints, and inform the complainant in writing. Chapter IV Handling Article 16 When handling tourist complaints, a tourist complaint handling institution shall implement a mediation system, unless otherwise stipulated in these Measures.

The tourism complaint handling institution shall, on the basis of ascertaining the facts, follow the principle of voluntariness and legality to mediate, so as to urge the complainant and the respondent to understand each other and reach an agreement.