Full text of the measures for handling tourist complaints

Measures for handling tourist complaints (full text)

The Measures for Handling Tourist Complaints has been reviewed and adopted at the 1 meeting of the Director's Office of National Tourism Administration on October 4th, 20 10/year. Effective as of July 20 10, 65438. The following is the full text of the travel complaint handling method, I hope it will help you!

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 Overseas Travel of China Citizens.

Article 2 The term "tourism complaints" as mentioned in these Measures refers to tourists who think that tourism operators have harmed their legitimate rights and interests and request tourism administrative departments, tourism quality supervision and management institutions or tourism law enforcement agencies (hereinafter collectively referred to as? Travel complaint handling agency? ), dealing with 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 complain to 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:

(1) If the complaint conforms to these Measures, it 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

Sixteenth tourism complaint handling agencies to deal with tourism complaints, except as otherwise provided in these measures, the implementation of mediation system.

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.

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.

Article 26 Under any of the following circumstances, if the complainant and the travel agency can't reach a mediation agreement after mediation by the travel complaint handling agency, the travel complaint handling agency shall make a decision to allocate the travel agency's quality deposit compensation, or put forward a proposal to the tourism administration department to allocate the travel agency's quality deposit:

(1) Loss of travel expenses paid in advance by tourists due to dissolution, bankruptcy or other reasons;

(2) Necessary and reasonable expenses, such as transportation, accommodation or return, actually incurred due to the tourists' detention due to the suspension of the travel agency's obligations under the travel contract.

Twenty-seventh tourist complaint handling institutions shall publish tourist complaint information every quarter.

Twenty-eighth tourist complaint handling institutions should use a unified and standardized tourist complaint handling information system.

Twenty-ninth tourism complaint handling institutions shall establish files on the complaints accepted and properly keep the relevant materials.

Thirtieth the relevant document styles in these Measures shall be uniformly formulated by the National Tourism Administration.

Chapter V Supplementary Provisions

Article 31 These Measures shall be interpreted by the National Tourism Administration.

Article 32 These Measures shall come into force as of July, 2065438 1 day. The Interim Provisions on Quality Margin of Travel Agency, the Detailed Rules for the Implementation of the Interim Provisions on Quality Margin of Travel Agency and the Interim Measures for Compensation of Quality Margin of Travel Agency shall be abolished at the same time.

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