Tour guide exam case: how can travel agencies compensate for tourism failure?

On May 6th 1999, three tourists, including Mou Peng, contacted a domestic travel agency in Gansu and paid 1800 yuan (600 yuan/person) for a one-way trip to Jiuzhaigou, Sichuan. Due to the cooperation between domestic travel agencies and other travel agencies and the problem of train tickets, the departure time of tour groups was postponed from 7:30 on May 6th 19 to May. Due to time constraints, Peng and others had to cancel their travel plans to Jiuzhaigou. In order to make up for the losses caused by the delayed departure to Peng and other tourists, domestic travel agencies rented a car on May 19 to arrange Peng and other tourists to visit Bingling Temple in Liujiaxia, and charged transportation fees to 360 yuan (120 yuan/person). However, due to the drop in the water level of the reservoir, Peng and other tourists failed to visit Bingling Temple ashore and only visited Liujiaxia Hydropower Station. To this end, Peng and other three tourists complained to the tourism quality supervision and management office, demanding that domestic travel agencies fully refund the paid travel expenses and compensate the economic losses caused by it.

After receiving the complaint, the Tourism Quality Management Office investigated and verified the case. On the basis of clear facts, sufficient evidence and clear responsibilities, this complaint is handled as follows according to the Regulations on the Administration of Travel Agencies and the Trial Standards for Compensation for Quality Margin of Travel Agencies: 1. Ordered domestic travel agencies to make a written apology to Peng and other three tourists; 2. Compensate 420 yuan (per capita 140 yuan, including 80 yuan for room and 60 yuan for meals) for three tourists who stay in Lanzhou for one day; 3. Refund in Jiuzhaigou, Sichuan 1800 yuan (600 yuan/person); 4. Refund the transportation fee of Bingling Temple in Liujiaxia to 240 yuan (80 yuan/person); 5. Pay liquidated damages to 420 yuan (140 yuan/person).

case analysis

In order to standardize the operation behavior of travel agencies and safeguard the legitimate rights and interests of tourists, Article 39 of the Detailed Rules for the Implementation of the Regulations on the Administration of Travel Agencies stipulates that travel agencies shall provide agreed services to tourists, and the services provided shall not be lower than national standards or industry standards. After collecting the travel expenses paid by tourists, domestic travel agencies should strictly fulfill the agreement and ensure that tourists travel and visit according to the agreement. However, due to the travel agency's own reasons, the travel time of tourists is delayed. It damages the legitimate rights and interests of tourists, so domestic travel agencies should not only refund the travel expenses they have undertaken, but also bear the liability for breach of contract arising therefrom. According to the relevant provisions of the Trial Standard for Compensation for Quality Margin of Travel Agency, if the travel agency fails to make a trip due to the travel agency after charging the tourists' travel expenses, it shall bear the liability for breach of contract and compensate 10% of the tourists' travel expenses. If the travel activities arranged by the travel agency are inconsistent with the contract and cause economic losses to the tourists, it shall refund the difference between the contract amount and the actual expenditure of the tourists and compensate the same amount of liquidated damages.