Is the transfer of tourism rights approved by the tourism company?

It must be approved by the travel company.

The reason for this is the following：

The things involved are: tickets to real-name registration system, insurance in real-name registration system, round-trip transportation, contact information of guests, accommodation arrangements during the trip and so on.

The transfer of tourism rights, like others, must be known by both parties. The additional expenses arising from the transfer shall be borne by the transferor or the transferee, and the travel company shall not be liable. Such as insurance purchased, return air tickets purchased and other expenses.

The reference cases are as follows:

Brief introduction of case

Mr. Ma went to the travel agency to sign up for a tour group. The tour fare has been paid and the travel contract has been signed. Just as Mr. Ma was waiting to leave the group on time, Mr. Ma's mother suddenly became seriously ill and could not attend the tour as agreed, so she had to prepare to cancel the tour. The travel agency suggested that Mr. Ma invite another person to join the team, which could reduce the loss. Mr. Ma invited one of his cousins to travel, but due to gender differences, the travel agency asked for an increase in the single room rate in 500 yuan on the basis of the original tour fare already paid, which Mr. Ma or his cousin could afford. Mr. Ma couldn't accept this and complained to the tourism authorities, asking the travel agency to cancel the decision to increase the price difference between single rooms.

I. Legal provisions

1. Article 80 of the Contract Law stipulates that if a creditor transfers its rights, it shall notify the debtor. Without notice, the assignment is invalid to the debtor.

2. Article 64 of the Tourism Law stipulates that before the start of tourism, tourists may transfer their rights and obligations in the package tour contract to a third party, and the travel agency may not refuse without justifiable reasons, so the increased expenses shall be borne by the tourists and the third party.

Second, the case analysis

(1) Tourists only need to notify the travel agency to transfer their travel rights. The tourists paid the tour fare and fulfilled their main contractual obligations. It is the right of tourists to accept the services provided by travel agencies. The duty of travel agencies is to collect travel expenses from tourists, realize the rights of tourists and provide agreed services for tourists. In this case, the tourist is the creditor and the travel agency is the debtor. According to the Contract Law, tourists only need to inform the travel agency in advance to transfer their travel rights. It doesn't matter whether the travel agency agrees or not, because the consent of the travel agency is not needed for the transfer of tourism rights, which is completely different from the consent of the travel agency when the contractual obligations are transferred. If the tourist does not inform the travel agency in advance, the transfer of the tourist's rights is not binding on the travel agency. For example, it is obviously inappropriate for tourists to temporarily decide to transfer the right to travel and let friends take the place of outbound travel, and travel agencies do not need to provide services.

(two) the travel agency shall not refuse the request of the tourists to transfer the right to travel. Before the start of the travel itinerary, due to various factors, tourists will temporarily cancel the itinerary, which will definitely cause greater economic losses to tourists, and the transfer of travel rights by tourists can reduce economic losses. As the travel agency is the debtor and the tourist is the creditor, as long as the tourist proposes to transfer the right to travel, the travel agency shall not refuse, which is clearly stipulated by law. In tourism practice, because the travel agency does not understand the legal provisions and the different roles and positions of creditors and debtors in the contract, it is wrong to think that as long as the tourists sign the tourism contract, only the tourists themselves can take part in the tourism, and no one else can replace them. As long as conditions permit, travel agencies must respect the requirements for the transfer of tourists' travel rights.

(3) The fact that travel agencies cannot refuse the transfer of tourists' rights does not mean that there are no conditions. Travel agencies may not refuse the transfer of tourists' travel rights, which does not mean that there are no conditions. In practice, tourists put forward the transfer of tourism rights, and travel agencies accept their requests, which does not mean that the transfer of tourists' rights is 100%, which is determined by the particularity of travel agency services. For example, the transfer of tourists' rights and interests in outbound tourism is quite difficult, because the design of passports, visas, air tickets and other elements in outbound tourism is a systematic project, and it is difficult to complete without enough time. In practice, even if tourists are willing to bear the extra expenses and have enough time, the transfer of tourists' rights may not be completed smoothly. For example, whether you can get a visa smoothly and on time, such as whether you can buy a ticket for the same flight, are all important constraints on the transfer of tourism rights.

(four) the additional expenses arising from the transfer of tourism rights shall be borne by the tourists. Even if the transfer of tourists' travel rights can be carried out smoothly, there are still serious differences between travel agencies and tourists, that is, whether the additional expenses arising from the transfer of tourists' travel rights should be borne by travel agencies or tourists. These additional expenses may include the replacement of round-trip air tickets, train tickets, visa re-processing, room rate difference and so on. Especially transportation costs, which often account for a considerable proportion of travel expenses. If tourists are asked to bear it, tourists will find various excuses to refuse; It is also difficult for tourists to understand that the difference between single rooms should be borne by tourists, and disputes arise from this. Only when tourists participate in short-distance tours, day trips and other routes, the transfer of tourism rights is the most convenient, and basically no additional costs will be incurred. Of course, according to the law, all the extra expenses arising from the transfer of tourists' rights should be borne by tourists themselves, and there is no sufficient basis for asking travel agencies to bear them.