Traditional Culture Encyclopedia - Travel guide - How to protect rights in the settlement of tourism disputes
How to protect rights in the settlement of tourism disputes
Tourists should complain and demand compensation in time when they encounter the following situations: First, the tour operators unilaterally breach the contract. If the travel agency changes the contents of the contract without authorization after charging tourists' fees, or only collects money and does not provide services, the tourists shall immediately negotiate or complain to the tourism quality supervision and management department. Second, the tourism services provided by tourism operators have shrunk significantly. If the contract stipulates that tourists should stay in three-star hotels or above, but only stay in ordinary hotels at the time of performance, the promised service standard will be reduced. Third, the tour operators cause the loss of tourists' luggage and articles. Fourthly, the tour operators intentionally or negligently cause personal injury to tourists. Fifth, tour operators cheat tourists and harm their interests. For example, recommend the sale of fake and shoddy products to tourists, make excuses, and increase expenses without authorization. Sixth, employees of tourism business units accept kickbacks or ask for tips privately. Seventh, other acts that harm the interests of tourists. As a tourist, you can protect the rights of tourism disputes in the following ways: a, communicate with the tour leader or the tour guide of the ground agency and resolve them through consultation. If it can't be solved, contact the tour group again and ask for proper handling. B. If the travel agency refuses to accept the opinion and can't get a satisfactory answer, it should pay attention to collecting evidence, and then negotiate with the travel agency or complain to the relevant departments after the trip, and solve it through legal channels. C. If conditions permit, you can negotiate with the travel agency on the spot and ask for remedial measures to continue the tour. D. For major and urgent cases of tourism disputes, tourists can call the complaint telephone number of the local tourism management department to ask the staff to coordinate, or they can call the complaint telephone number of the tourism management department where the tour group institution is located to ask for a coordinated solution. What tourists need to pay special attention to is that when encountering tourism disputes, never take excessive actions and deal with them calmly in time. For example, refusing to board a plane, boarding a ship, or interrupting your trip will expand your losses, which is an act of excessive rights protection, and the expanded losses will not be compensated. In addition, tourism complaints are time-sensitive, and tourists must complain to the relevant departments within 60 days when they know or should know that their rights have been violated. To sum up, if your legitimate rights and interests are violated during your trip, you must calmly use legal weapons to protect your rights in tourism disputes, and you must not be impulsive or laissez-faire.
Legal objectivity:
The tourism quality supervision department reminded that there are five ways to protect rights: first, negotiate with tourism operators; The second is to find a consumer association to mediate; The third is to appeal to the relevant administrative departments; Fourth, according to the arbitration agreement reached with the operator, submit it to an arbitration institution for arbitration; Fifth, bring a lawsuit to the people's court. Specifically, tourists should pay attention to the following aspects when they encounter tourism disputes: First, if they encounter tourism disputes during the trip, they can communicate with the whole escort, leader or tour guide of the tour group organization first. If they can't solve it, they should contact the tour organization and ask for proper handling. We should reflect our opinions and suggestions to them in time and make a decision after listening to the reply from the travel agency. If the travel agency refuses to accept the proposal, it should pay attention to collecting evidence, and then negotiate with the travel agency or complain to the relevant departments or solve it through legal channels after the trip. If objective conditions permit, you can also negotiate with the travel agency on the spot, ask for remedial measures, accept the reasonable remedial measures of the travel agency, and continue to complete the journey. Second, after returning, if tourists think that there are quality problems in the service of travel agencies, they can choose the above five rights protection methods to resolve disputes. If you need to complain to the municipal tourism management department, the complainant shall submit the claim for compensation and relevant evidence in time. Pay attention to the following points when writing the claim: 1, objectively and truthfully state the contents of the event to be complained. The description of the event should be as specific and detailed as possible. 2. The evidence provided is true and valid. Evidence refers to, first, the relevant agreements and agreements signed with travel agencies, mainly including travel contracts, travel itineraries, travel invoices and various valid vouchers or materials signed with travel agencies. Second, the factual evidence that the rights and interests in tourism are violated, that is, the most powerful evidence provided by tourists that can prove that the services provided by travel agencies do not conform to the contract provisions or the original commitments, such as travel tickets, tickets, shopping invoices, proof from the reception unit, and relevant physical evidence, audio-visual materials and other effective written materials can also be provided. 3. The compensation claims and claims are legal and reasonable. For the complaints made by tourists, the tourism management department mainly determines the compensation liability and amount of travel agencies according to the Interim Standards for Quality Margin Compensation of Travel Agencies issued by the National Tourism Administration. Therefore, when determining the amount of compensation, tourists should take the responsibility for breach of contract agreed by both parties and the relevant regulations of the management department as the main basis.
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