What are the procedures for travel complaints?

1. Review of acceptance conditions of tourism complaints. 2. A written reply from the respondent of the travel complaint. 3. Mediation of tourism complaints. 4. Decision on handling travel complaints.

Travel complaint handling procedure

1, Review of Acceptance Conditions of Tourism Complaints

After receiving a complaint or oral complaint from a tourist complainant, the tourism complaint management organ shall first review the complaint, and promptly investigate and deal with the complaints that meet the acceptance conditions. If it does not meet the acceptance conditions, it shall inform the complainant that it will not be accepted and explain the reasons within 7 days. According to this regulation, the tourism complaint management organ must make a decision on whether to accept it within 7 days. According to the provisions of China's civil law on the time limit, we can know that the seventh day should be counted from the day after receiving the complaint or oral complaint, which is 7 working days, that is to say, it should be postponed after the national legal holidays.

2. Written reply of the respondent of the travel complaint.

After the tourism complaint management institution makes a decision on acceptance, it shall promptly notify the respondent. The respondent shall give a written reply within 30 days from the date of receiving the notice, which is the obligation of the respondent.

The written reply of the respondent shall specify the following items:

(a) the reasons for the complaint;

(2) The process of investigation and verification;

(3) Basic facts and evidence;

(4) Responsibility and handling opinions.

The tourism complaint management institution shall carefully verify and review the written reply of the respondent.

3. Mediation of tourism complaints

Article 18 of the Interim Provisions on Tourism Complaints; : "If the tourism complaint management organ can mediate in handling the complaint case, it should mediate on the basis of finding out the facts and distinguishing the responsibilities, so as to urge the complainant and the respondent to understand each other and reach an agreement; To reach an agreement through mediation, both parties must be voluntary and not forced. " After the mediation agreement in the tourism complaint is stamped with the official seal of the tourism complaint management organ, its effectiveness should be equal to the handling decision made by the tourism complaint management organ.

4. Decision on handling travel complaints

Tourism complaint management institutions shall, based on facts and taking laws and regulations as the criterion, seriously investigate and verify the cases of tourism complaints, and make the following decisions respectively under the circumstances of clear facts and sufficient evidence:

(1) If it is the fault of the complainant, he may decide to dismiss the case, notify the complainant and explain the reasons. If the complainant complains unreasonably and intentionally damages the rights and interests of the respondent, he may order the respondent to make an apology or be liable for compensation in accordance with relevant laws and regulations.

(2) If the complainant and the respondent have the same fault, it may be decided that both parties shall bear corresponding responsibilities. The way for both parties to assume their respective responsibilities can be determined by both parties through consultation or by the complaint management organ.

Relevant laws and regulations are as follows:

Article 11 of the Measures for Handling Tourist Complaints

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.

Article 17 When handling tourist complaints, a tourist complaint handling institution shall file a case, fill in a tourist complaint registration form and attach relevant complaint materials, and deliver the Notice of Acceptance of Tourist Complaints and a copy of the complaint to the respondent within 5 working days from the date of accepting the complaint.

If the facts are clear, the respondent's damage behavior should be stopped or corrected immediately, and the Complainant can be served with the Notice of Acceptance of Tourism Complaints without filling in the Tourism Complaint Filing Form, but the handling situation should be recorded and archived.

Article 18 The respondent shall make a written reply within 10 days from the date of receiving the notice, and present the facts, reasons and evidence of the defense.

Article 19 The complainant and the respondent shall provide evidence for their own complaints or arguments.

Twentieth tourism complaint handling institutions shall examine the facts, reasons and evidence put forward by both parties.

If the tourism complaint handling institution considers it necessary to collect new evidence, it may collect or convene relevant parties to investigate in accordance with the provisions of relevant laws and regulations.

Twenty-first need to entrust other tourist complaint handling institutions to assist in the investigation and evidence collection, it shall issue a "power of attorney for the investigation and evidence collection of tourist complaints", and the entrusted tourist complaint handling institutions shall provide assistance.

Twenty-second special matters need to be identified or tested, which can be identified by the identification or testing department agreed by both parties. If there is no agreement, one party may apply to a legal appraisal or testing institution for appraisal or testing.

The cost of appraisal and testing shall be borne by both parties through agreement. If there is no agreement, the applicant for identification and testing shall bear it first; After reaching a mediation agreement, it shall be conducted in accordance with the mediation agreement.

The time for identification and testing is not included in the complaint handling time.

Twenty-third in the process of complaint handling, if the complainant and the respondent reconcile themselves, they shall inform the tourism complaint handling institution of the settlement result; After verification, the tourism complaint handling institution shall record it and sign or seal it by both parties and complaint handling personnel.

Twenty-fourth tourism complaint handling institutions shall actively arrange for mediation between the two parties after accepting the complaint, put forward a mediation plan, and facilitate the two parties to reach a mediation agreement.

Twenty-fifth tourist complaint handling institutions shall, within 60 days from the date of accepting tourist complaints, make the following treatments:

(a) the two sides reached a mediation agreement, it shall make a "tourism complaint mediation book", which shall specify the complaint request, the facts ascertained, the handling process and the mediation results, and shall be signed by both parties and stamped with the seal of the tourism complaint handling agency;

(two) if the mediation fails, the mediation shall be terminated, and the tourism complaint handling institution shall issue a "mediation book for the termination of tourism complaints" to both parties.

If mediation fails, or the mediation document is not implemented after it takes effect, the complainant may apply to an arbitration institution for arbitration or bring a lawsuit to a people's court in accordance with the provisions of national laws and regulations.

To sum up, it is a concrete introduction to the complaint procedure of tourism disputes. For travel complaints, we should know that not all complaints will be accepted by relevant departments. Those who meet the acceptance conditions shall be verified and audited by their departments, and corresponding solutions shall be made until the dispute between the two parties is resolved. If you still have questions or want to know other legal knowledge, you can consult relevant lawyers.