Tourism Complaint Handling Procedure

During the epidemic, many people are unable to travel, but in areas where the epidemic is not severe, some people still choose to travel. This also involves many legal issues that everyone is concerned about, one of which is the issue of complaints. So what about the tourism complaint handling procedure? In order to help everyone better understand the relevant legal knowledge, we have compiled the relevant content. Let’s take a look at it together. 1. Tourism Complaint Handling Procedure (1) Concept The tourism complaint handling procedure refers to the procedures and sequences that the tourism complaint management agency must go through after accepting a complaint case, investigating and verifying the case, promoting dispute resolution, or making a decision. (2) Reply from the person complained against After the Tourism Complaint Authority makes a decision to accept the complaint, it shall promptly notify the person complained against, and the person complained against shall make a written reply within 30 days from the date of receipt of the notification. The written reply should specify the following matters: 1. The cause of the complaint; 2. The investigation and verification process; 3. Basic facts and evidence; 4. Responsibilities and handling opinions. The tourism complaint management agency shall review the written reply of the person complained against. (3) Mediation refers to the act of the tourism complaint management agency presiding over the two parties to resolve disputes through reconciliation and reach an agreement. When the tourism complaint management agency handles complaint cases, if it is possible to mediate, it should conduct mediation on the basis of ascertaining the facts and clarifying responsibilities, so as to promote mutual understanding and agreement between the complainant and the respondent. An agreement reached through mediation must be voluntary by both parties and must not be forced. (4) Complaint handling decisions The tourism complaint management agency should handle complaint cases based on facts and the law. After investigation and verification, it is believed that the facts are clear and the evidence is sufficient, and the following decisions can be made: 1. If it is the complainant's own fault, the case can be withdrawn, and the complainant can be notified and the reasons given. If the complainant makes unreasonable complaints and intentionally damages the rights and interests of the person being complained against, the complainant may be ordered to apologize to the person being complained against, or bear liability for compensation in accordance with relevant laws and regulations. 2. If the complainant and the respondent are at the same fault, it can be decided that both parties shall bear corresponding responsibilities. The way in which both parties bear their respective responsibilities can be determined through negotiation at the discretion of both parties, or it can be decided by the complaint management agency. 3. If it is the fault of the person being complained against, it can be decided that the person being complained against shall bear the responsibility. The person complained against may be ordered to apologize to the complainant or compensate for losses and bear all or part of the costs of investigating and handling the complaint. 4. If the fault belongs to other departments, it can be decided to transfer it to the relevant department for handling (5) "Tourism Complaint Handling Decision" "Tourism Complaint Handling Decision" refers to the written document in which the tourism complaint management agency makes a decision to handle the complaint. The decision made by the tourism complaint management agency shall be notified to the complainant and the respondent within 15 days in a "Tourism Complaint Handling Decision". If the complainant or the respondent is dissatisfied with the handling decision or administrative penalty decision, he or she may file a lawsuit directly with the People's Court, or, within 15 days from the date of receiving the notification of the handling decision, file a complaint with the higher-level tourism complaint management agency of the handling agency. Apply for reconsideration; if you are dissatisfied with the reconsideration decision, you may file a lawsuit with the People's Court within 15 days from the date of receipt of the reconsideration decision. If the person fails to apply for reconsideration within the time limit, does not file a lawsuit with the People's Court, and fails to implement the handling decision and penalty decision, the complaint management agency that made the decision shall apply to the People's Court for enforcement or enforcement in accordance with the law. (6) Administrative penalties and other penalties When the tourism complaint management agency makes a decision to handle a complaint, it may impose administrative penalties on the tourism operator that damages the rights and interests of the complainant in accordance with the provisions of relevant laws, regulations and rules; if there is no provision, the tourism complaint management agency shall The following penalties shall be imposed individually or combined according to the complaint provisions: 1. Warning; 2. Confiscation of illegal collection; 3. Fine; 4. Time limit or suspension of business for rectification; 5. Revocation of tourism business license and relevant documents; 6. Recommendation to the industrial and commercial administration department Revoke its industrial and commercial business license. 2. What are the common misunderstandings about tourism consumer complaints? Misunderstanding 1: Complaints can be made about all consumer services. The Consumer Law stipulates that consumers purchase and use goods or receive services for daily consumption, and their rights and interests are protected by this law. Therefore, consumer complaints that are not for this purpose are not within the scope of acceptance by the Consumer Association. Misunderstanding 2: All purchased goods can be complained. In both cases, if there is a problem with the purchased goods, the consumer association will not accept the complaint. One is a product that has exceeded the warranty period. One is damage caused by improper use and man-made damage. Misunderstanding 3: If there is fraud in the goods or services, you can "compensate for ten if they are fake." The Consumer Law stipulates that if an operator commits fraud in providing goods or services, it shall increase the compensation for the losses suffered by the consumers in accordance with the requirements of the consumers. The amount is twice the price of the goods purchased by the consumer or the fee for receiving the service. That is to say, you will pay one if you make a mistake, but you will pay ten if you make a mistake. Misunderstanding 4: All tourism consumption infringement complaints can be compensated for mental compensation. Article 43 of the Consumer Law stipulates: If an operator violates Article 25 of this Law and infringes on the personal dignity of consumers or infringes on the personal freedom of consumers, they should stop infringing, Restore reputation, eliminate the impact, apologize, and compensate for losses. However, if some "excessive" requirements are made, consumers should "think twice". Misunderstanding 5: Any complaint “related” to consumption can be made to the Consumers Association. Consumers who lose items should usually report to the public security department in a timely manner. Of course, if consumers leave items to the bag depository for safekeeping in the supermarket and find that the items are missing when picking up the items, the consumer association can intervene to mediate.

Misunderstanding 6: All complaints must be accepted by consumer associations. Complaint cases that are not accepted by tourism complaint handling agencies are as follows: (1) Complaint cases that have been accepted or handled by people's courts, arbitration institutions, other administrative departments or social mediation agencies. (2) Complaint cases that have been handled by the tourism complaint handling agency and there are no new circumstances or new reasons. (3) Complaint cases that do not fall within the scope of responsibilities or jurisdiction of the tourism complaint handling agency. (4) Complaint cases that exceed 90 days after the end of the travel contract. (5) Complaint cases that do not meet the conditions for tourism complaints. 3. What things can happen during travel that can be complained about? (1) According to the law, during travel, the complainant can complain to the tourism complaint handling agency on the following matters: 1. If the travel operator is believed to have violated the contract; 2. Because the travel operator 3. The travel contract cannot be performed or cannot be fully performed due to force majeure or accidents, and a dispute arises between the complainant and the respondent; 4. Other damages to the legitimate rights and interests of tourists. From the above, it can be seen that after consumers complain, the competent authorities will conduct verification, and if there are irregularities and other illegal activities, corresponding administrative penalties will be imposed. The above is my introduction to the tourism complaint handling procedure. I hope it will be helpful to you.