How to complain about travel agencies is the most effective?

1. Who should complain about the travel agency's breach of contract?

If the travel agency breaches the contract, consumers can deal with it in the following ways:

(a) negotiated settlement with the tour operators. If tourists encounter travel disputes during the trip, they can communicate with the whole escort, tour leader or tour guide of the tour group organization first. If it can't be solved, he should contact the tour agency again 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.

(two) request the consumer association for mediation. The Tourism Law stipulates that consumer associations, tourism complaint handling institutions and relevant mediation organizations should mediate disputes between tourists and tour operators according to law on the basis of mutual willingness. When the consultation between consumers and tour operators fails, they can mediate with tour companies through consumer associations and other institutions. However, mediation must abide by the principles of voluntariness and legality.

1. The principle of voluntariness includes two aspects: First, mediation must be conducted on the basis of voluntariness of both parties; Second, the content of the mediation agreement must be voluntary.

2. The legal principle of mediation mainly means that the mediation work should be based on facts, and on the basis of distinguishing right from wrong, the substantive law should be correctly applied to determine the rights and obligations of both parties. The contents of the mediation agreement shall not conflict with the prohibitive provisions in the civil law, shall not infringe upon the public interests of the state and society, shall not violate public order and good customs, and shall not harm the legitimate rights and interests of a third party.

Second, how to determine the liability for breach of contract in the contract

Breach of contract refers to non-performance, improper performance and delayed performance of contractual obligations. There are three main reasons for non-performance: the parties' weak legal awareness, limited cultural knowledge, insufficient attention to the main terms, and the loose implementation of the contract objectively condone the occurrence of breach of contract. Breach of contract is detrimental to the seriousness of the contract, the security of the transaction, the reputation and image of the enterprise, and the loss of the international market, which is not conducive to foreign exchanges and cooperation. After China's entry into WTO, it is necessary to strengthen the enforcement of contract dispute cases. In the trial, the following issues should be clarified:

(A) the composition of the liability for breach of contract and the principle of imputation

The principle of fault liability refers to the liability for breach of contract, which can only be assumed if the breaching party is at fault.

Although the breaching party has the fact of breach of contract, but it has no intentional or negligent fault of breach of contract, it shall not be liable for breach of contract. Although fault liability is reasonable to some extent, it also has disadvantages, which makes it more difficult for the observant party to give evidence and the court to determine the facts. It is very casual to apply. Because of the disputes arising from breach of contract, it is difficult to have an accurate quantitative standard for the degree of breach of contract. In fact, the default party's division of fault size brings great arbitrariness to the judge's subjective determination, and it does not rule out that human relations are at fault.

(2) No-fault principle

According to Article 577 of the Civil Code, in the civil trial of a contract case, as long as the facts of the parties' non-performance of the contract are ascertained and the external causes of force majeure are excluded, the parties can be deemed to be in breach of contract, and there is no need to give repeated evidence. From the fault principle to the no-fault principle is a major reform of the civil code system.

Third, how to deal with breach of contract.

(1) Unilateral breach of contract

According to the relevant provisions of the Civil Code, the so-called anticipatory breach of contract, called premature breach of contract, refers to the behavior of one party to express or imply non-performance of the contract before the contract performance period comes. The essence of anticipatory breach of contract is a kind of breach of contract, which can be divided into express breach of contract and implied breach of contract. The so-called express breach of contract means that before the contract performance comes, one party clearly and unambiguously expresses to the other party that it will not perform its contractual obligations. Broadcast breach of contract can be written or oral. The so-called implied breach of contract means that the parties predict that they will not perform their contractual obligations according to the behavior of the other party before the contract performance period comes. Its constitutive conditions are: 1, and the debtor's behavior conforms to the provisions of the civil code; 2. The observant party has conclusive evidence to prove that the other party has the above situation; 3. The breaching party is unwilling to provide appropriate performance guarantee. For the expected breach of contract, the observant party shall choose the following remedies according to law to pursue the legal responsibility of the other party:

(2) Self-help means

According to the relevant provisions of the Civil Code, the observant party has the right to terminate the contract due to expected breach of contract, and may unilaterally terminate the international contract and demand compensation from the other party. This provision is more suitable for express breach of contract. However, for implied breach of contract, the observant party should not take measures to terminate the contract for fear that it is difficult to grasp the exact evidence of the other party's breach of contract, and can suspend the performance or preparation of the contract with reference to the provisions of the Civil Code to avoid expanding its own economic losses; Immediately notify the other party to provide appropriate performance guarantee within the expected period. If the other party fails to provide appropriate guarantee within the processing period, it shall be deemed as a clear breach of contract by the other party, and at this time, the contract can be terminated according to law and compensation for losses can be demanded. This self-help measure is similar to the defense of uneasy performance.

(3) Judicial relief

According to the relevant provisions of the Civil Code, if one party breaches the contract, the other party may require it to bear the liability for breach of contract before the expiration of the performance period. Such measures are easy to operate for express breach of contract; However, for implied breach of contract, the observant party must grasp the exact evidence of the other party's expected breach of contract before resorting to the law, otherwise it will be unfavorable to itself because of insufficient evidence.

(4) Waiting performance

When one party is expected to breach the contract, the other party can insist on the validity of the contract, ask or wait for the other party to perform the contract because of waiting, see if the other party's attitude has changed, and then decide whether to take corresponding measures. For express breach of contract, the observant party should explicitly ask the other party to withdraw the notice of breach of contract, instead of just waiting for the other party to perform it, so as not to expand the loss. For implied breach of contract, the observant party has no definite evidence to prove the other party's breach of contract at this moment, and can wait for the other party's due performance; If the other party fails to perform at the due date, it may be held liable for breach of contract according to the actual situation of non-performance, or it may terminate the contract according to law and demand compensation for losses.

To sum up, if the travel agency breaches the contract, consumers can complain to consumers, to the relevant superior departments of the travel agency, and even to the court.