Traditional Culture Encyclopedia - Travel guide - On the Elements of Tourism Legal Relationship

On the Elements of Tourism Legal Relationship

Legal analysis:

Tourism legal relationship, like other legal relationships, consists of three basic elements: subject, object and content. Without any of these elements, the legal relationship of tourism cannot be established. The main body of tourism legal relationship mainly includes: national tourism administrative organs, government departments closely related to tourism, tourism enterprises and institutions and tourists. The objects of tourism legal relationship mainly include: things, behaviors, intellectual achievements and money; The content of tourism legal relationship is the rights and obligations enjoyed by the subject. Refers to the rights and obligations of all parties in tourism activities adjusted and stipulated by tourism laws and regulations. Tourism legal relationship consists of the subject, object and content of legal relationship. Tourists, travel agencies and tourists' legitimate rights and interests are all elements of tourism legal relationship, among which tourists and travel agencies belong to the main scope of tourism legal relationship, and tourists' legitimate rights and interests belong to the scope of tourism legal relationship.

Legal basis:

Tourism Law of the People's Republic of China

Article 92 Disputes between tourists and tour operators can be resolved through the following channels: (1) Both parties shall settle them through consultation; (two) to apply for mediation to consumers' associations, tourism complaint acceptance agencies or relevant mediation organizations; (three) according to the arbitration agreement reached with the tour operators, submit it to an arbitration institution for arbitration; (4) bring a lawsuit to the people's court.

Article 93 Consumers' associations, tourist complaint handling institutions and relevant mediation organizations shall mediate disputes between tourists and tour operators according to law on the basis of mutual willingness.

Derivative problem:

Can I quit the tour group if I sign up for it?

You can get a full refund. Under normal circumstances, due to the consumer's own reasons, the travel contract is cancelled and you cannot get a full refund. When booking a tour, the website will generally indicate that the regulations of each tour group are different. If a contract has been signed, it will also be written in the contract. You can also call the travel agency.