Tourist interest demand

Tourists' rights: "according to the provisions of national laws and regulations or contractual agreements, tourists enjoy the rights that are not illegally infringed", which refers to the rights that tourists enjoy when purchasing, using products or receiving services in tourism activities. Therefore, the rights of tourists mainly come from the following two aspects:

Legitimate right

Corresponding to legal obligations, legal rights refer to the rights enjoyed according to law, which are clearly recorded in words and published in the form of laws and regulations. In China, the construction of tourists' legal rights is mainly based on the provisions of the Tourism Law and the Consumer Protection Law, and refers to the provisions of China's current laws and regulations to protect citizens' other rights. Legal rights can be freely chosen or waived, but they must not violate the law and harm the public interest.

The current tourism law stipulates the main rights of tourists, which can be summarized as the following rights: 1, the right to be respected, including personal dignity, national customs, religious beliefs, etc. 2. The right to know and the right to choose independently, and the right to know the real situation of the tourism products and services purchased by them are the basis for the establishment of the right to choose independently. If you have the right to choose your own tour operators and service methods; Have the right to enjoy tourism products or services with consistent quality and price in accordance with the terms of the contract (whether to accept services beyond the contract or compulsory transactions); If the contract cannot be performed, the party has the right to terminate the contract. 3. The right to personal and property safety includes the right to protect personal and property safety from unlawful infringement, and the right to request assistance, compensation, or complain to the relevant departments or bring a lawsuit to the court when the rights and interests are infringed.

Agreed rights

The rights and obligations of tourists are agreed by signing a travel contract. "Tourism service contract refers to the agreement reached between tourism operators and tourists on the rights and obligations in the process of tourism activities". That is, tourists and tour operators reach an agreement on their rights and obligations on the basis of equality, voluntariness, compensation and reciprocity before the start of tourism activities in order to achieve the purpose of tourism activities. However, in tourism practice, tourism operators are dominant and tourists are relatively weak. Basically, you can only passively accept the travel format contract drawn up by the operator in advance. In order to better realize the rights of tourists, countries have formulated a series of laws and regulations to regulate operators to conduct fair transactions. Therefore, although the protection of tourists' rights comes from legal provisions, it is embodied in various agreements in tourism contracts.

Characteristics of tourists' rights and interests

speciality

Only when people participate in the process of traveling can they be called tourists. The identity of tourists is specific, so its scope of application is also specific. The identity of tourists is short-lived, and the rights they enjoy are also short-lived because of their particularity. This particularity is reflected in two aspects: on the one hand, the rights and interests of tourists are time-specific, and "only during tourism can they become tourists"; On the other hand, it has spatial specificity, and the reason why tourists get the identity of tourism subject is because the spatial environment has changed briefly without the usual environment. Under normal circumstances, when tourism activities have ended, the identity of tourists will disappear and the rights and interests of tourists cannot exist independently. Only when the rights and interests of tourists are illegally violated and need relief, their identity will be delayed, so they need timely and effective protection.

cheat

The core of tourism is to pursue spiritual consumption and a short-term and pleasant spiritual life experience in different places. It is necessary to meet people's material needs as well as their cultural and spiritual experiences. The spiritual experience of tourism often needs to be obtained through material consumption, so tourism activities are comprehensive consumption of both material and spiritual aspects, and the rights and interests of tourists correspondingly include both material and spiritual aspects.

Tourists' dual consumption of tourism products includes both material consumption and spiritual experience based on material consumption. Tourists need to safeguard their spiritual rights and interests more than ordinary consumers. In the process of tourism, the behavior of tourism operators infringing on tourists' rights and interests will inevitably bring mental harm to tourists. However, infringing on the spiritual rights and interests of tourists does not necessarily damage their material legitimate rights and interests.

abstractness

The remarkable feature of tourism consumption is the invisibility of tourism products and services. Because of the tangible characteristics of material products, we can put forward specific requirements or formulate unified standards for their performance, quality, composition and efficacy, so as to judge whether the products meet the contract or general industry standards. However, because of its abstract characteristics, tourism services are different from tangible material products, and it is impossible to accurately and specifically set specific quality standards or requirements for services. Tourism consumers and tourism operators can only reach an agreement on the common service process or agreed items in the tourism service contract.

Some tourism service operators use this particularity as an excuse to apply service standards arbitrarily because of their lack of service ability or interests. The judgment of tourism consumers on the quality of tourism service can only be truly felt through the experience of the tourism process, and outsiders can't understand it because their individual feelings are different. Due to the lack of uniform standards and prior agreement, it is difficult to prove the specific infringement of inferior tourism services and to apply for compensation from tourism operators.

complexity

The protection of tourists' rights and interests has certain complexity, which is also the embodiment of the dual characteristics of tourists' rights and interests. The formulation of tourism laws and regulations should consider both the protection of material rights and interests and the protection of spiritual rights and interests. Complexity is reflected in the following aspects: first, measurement. There are clear reference standards for material rights and interests, but spiritual rights and interests, as intangible products, cannot be directly and accurately regulated in advance, and need to be analyzed and judged in detail in the case of tourists. Due to individual differences or factors of judges, there are many differences in similar situations.

Secondly, there are too many links. Because tourists participate in a wide range of tourism activities, the tourism process needs the management and services of various industries and departments, so the relevant tourism legal relations are relatively complicated. Tourists need the cooperation of all subjects in order to better exercise their rights. When the material and personal rights and interests of tourists are illegally infringed, it is necessary to request the relevant departments to protect them according to law or to give relief to the consequences of infringement and breach of contract; Finally, the limitations of protection. Different from ordinary material products or services, tourism products and services are difficult to be replaced, returned, repaired or re-provided because of their short-term time and space particularity.

After the rights and interests are lost or infringed, it is difficult to compensate afterwards. After the end of tourism activities, tourists will leave the place where the infringement occurred or the result of the infringement occurred and return to their permanent residence, which will lead to a linear increase in the cost of rights protection and the process of rights protection is full of difficulties. In extreme cases, the input cost may exceed the benefits of rights protection. Therefore, to protect the rights and interests of tourists, we need to implement all aspects of tourism, pay attention to pre-protection, in-process supervision and post-convenience, reduce the cost of rights protection and improve the effectiveness of protection.