What if the guest is dissatisfied with the travel itinerary and asks for a refund?

Vacationers who find that the travel agency fails to meet the service quality standards agreed in the contract due to their own fault, or fails to meet the national standards and industry standards, shall collect and preserve relevant evidence, ask the travel agency to bear the liability for breach of contract and make corresponding compensation, or complain to the tourism quality supervision and management office.

How to deal with tourism disputes

1. If you encounter a travel dispute during your trip, you can first communicate with the full-time escort, tour leader or tour guide of the travel agency. If it can't be solved, contact the travel agency again and ask for proper handling. We should reflect our opinions and suggestions to them in time, and then make a decision after hearing the reply from the travel agency. If the travel agency refuses to accept the proposal, it should pay attention to collecting evidence, and then negotiate with the travel agency or complain to the relevant departments or solve it through legal channels after the trip. If objective conditions permit, you can also negotiate with the travel agency on the spot, ask for remedial measures, accept the reasonable remedial measures of the travel agency, and continue to complete the journey. For major and urgent inter-provincial tourism dispute cases, outbound tourists can call the complaint telephone number of the local tourism management department to request the staff to coordinate, or they can call the complaint telephone number of the tourism management department where the tour group institution is located to request a coordinated solution.

2. According to Article 34 of the Law on the Protection of Consumer Rights and Interests in People's Republic of China (PRC), when tourists think that their legitimate rights and interests have been violated, there are five ways to protect their rights: first, they should negotiate with tour operators to solve them; Second, consumers' associations are required to mediate; Third, appeal to the relevant administrative departments; Fourth, according to the arbitration agreement reached with the operator, apply to the arbitration institution for arbitration; Fifth, bring a lawsuit to the people's court. After returning, if tourists think that there are quality problems in the service of travel agencies, they can choose from the above five ways according to the degree of infringement of rights and interests, actual factual evidence, expectations of the limit and compensation amount, and the handling results of the travel agency. If you need to complain to the municipal tourism management department, the complainant shall submit the claim for compensation and relevant evidence in time.

What can I complain to the quality supervision department?

Tourists and vacationers can complain about the following damage behaviors: (1) They think that the tour operators have not provided tourism services with matching price and quality; (two) that the tour operator has not fulfilled the contract or agreement; (three) that the tour operator intentionally or negligently caused your personal injury; (4) The tour operator intentionally or negligently causes your luggage to be damaged or lost; (five) employees of tourism business units accept kickbacks and ask for tips without permission; (six) that tour operators cheat you and harm your interests; (seven) other acts that harm your interests.

What should I pay attention to when writing a claim?

1. objectively and truly state the contents of the events that need to be complained. The events described should be as specific and detailed as possible, and should not be vague. Otherwise, it will make it more difficult for the mediation department to accept the complainant's complaint.

2. The evidence provided is true and valid. Evidence refers to, first, the relevant agreements and agreements signed with travel agencies, mainly including travel contracts, travel itineraries, travel invoices and various valid vouchers or materials signed with travel agencies. Second, the factual evidence that the rights and interests in tourism are violated, that is, the most powerful evidence provided by tourists that can prove that the services provided by travel agencies do not conform to the contract provisions or the original commitments, such as travel tickets, tickets, shopping invoices, proof from the reception unit, and relevant physical evidence, audio-visual materials and other effective written materials can also be provided.

3. The claims for litigation and compensation are legal and reasonable.

For complaints from tourists and vacationers, the municipal tourism management department mainly determines the compensation liability and amount of travel agencies according to the Interim Standards for Quality Margin Compensation of Travel Agencies issued by the National Tourism Administration. Therefore, when determining the amount of compensation, tourists should take the responsibility for breach of contract agreed by both parties and the relevant regulations of the management department as the main basis. If the complainant wants to solve the dispute with the travel agency by other means, he can propose specific and feasible ways to negotiate with the other party as appropriate and reach an understanding as soon as possible. Moreover, according to the current legal system, most cases of tourism breach of contract are not enough to support spiritual compensation, and tourism management departments have no basis for determining spiritual compensation.

4. When the case is complicated, serious and extremely difficult to mediate, especially the economic dispute case involving personal and property accidents of tourists, and the compensation scope of travel agencies is not applicable, it is suggested that tourists choose the highest procedure to solve the dispute as soon as possible, that is, seek legal solutions.

Mediation principles of common tourism disputes

1. The travel agency fails to provide the tourists with the agreed flights and itineraries and changes the departure time, or the means of transportation (such as cars) provided by the travel agency do not meet the agreed standards, or malfunctions and delays the itinerary.

Mediation principle:

If the number of trains and flights is changed due to the fault of the travel agency, the travel agency is required to refund the difference between the paid transportation fee and the actual cost and compensate the same amount of liquidated damages. If the itinerary is delayed, it will also bear the necessary additional expenses and pay the tourists 5% of the travel expenses agreed in the standard contract of domestic tour groups. If the actual means of transportation is lower than the contract level due to the fault of the travel agency, the travel agency is required to refund the difference between the travel expenses paid by the tourists and the actual expenses, and compensate the same amount of liquidated damages. If the traffic arranged by the travel agency is lower than the grade agreed in the contract due to the reasons of the transportation department, the travel agency is required to refund the difference between the traffic expenses paid by the tourists and the actual expenses, and compensate the liquidated damages of 20% of the difference. If the trip is delayed due to the breakdown of tourist vehicles during the tour, according to the standard contract of domestic tour groups, if both parties agree to continue to perform the contract, the travel agency shall pay the tourists 5% of the travel expenses. If the tourist requests to cancel the contract, the travel agency shall arrange for the tourist to return, refund the unfinished travel expenses and pay a penalty of 5% of the travel expenses. Accommodation and other necessary expenses incurred by tourists due to the delay in travel expenses shall be borne by the travel agency.

2. The tourists didn't visit according to the agreed itinerary. For example, in the actual itinerary, reduce or cancel some tourist attractions, change travel itinerary, increase shopping times or increase consumption items.

Mediation principle:

If the tour guide arbitrarily changes the activity schedule, reduces or changes the tour items, the travel agency is required to refund the scenic spot tickets and tour guide service fees, and compensate the same amount of liquidated damages. In violation of the regulations, tour guides arbitrarily increase catering, entertainment, medical care and other items, requiring travel agencies to bear all the expenses of tourists. If the tour guide violates the contract or itinerary and increases the number of shopping without authorization, the travel agency is required to refund 20% of the tourists' shopping money every time. If you can't visit the tourist attractions arranged by the travel agency due to scenic spots, the travel agency shall refund the scenic spot tickets and tour guide fees, and compensate 20% of the liquidated damages. If some of the agreed scenic spots are cancelled due to the fault of the travel agency, the travel agency is required to refund the relevant expenses that have not occurred and compensate the same amount of liquidated damages. Travel agencies to increase the cost of visiting tourist attractions, borne by the travel agency.

3. The travel agency fails to provide accommodation and catering according to the standards agreed in the contract.

Mediation principle:

If it is the fault of the travel agency that causes the arranged accommodation and catering to be inconsistent with the contract, resulting in economic losses for tourists, the travel agency is required to return the difference between the agreed standard and the actual expenditure and compensate the same amount of liquidated damages. If the hotel arranged by the travel agency is lower than the grade agreed in the contract due to hotel reasons, the travel agency is required to refund the difference between the room rate paid by the tourists and the actual room rate, and compensate the liquidated damages of 20% of the difference. If the quality and price of the restaurant arranged by the travel agency do not match due to the restaurant, the travel agency shall compensate the tourists for 20% of the meal expenses.

4. The quality of tour guide service is poor.

Mediation principle:

If the tour guide fails to provide tour guide service according to the requirements of the state or the tourism industry for guest service standards, the travel agency shall compensate the tourists for 2 times of the tour guide service fee paid on the same day.

5. Tourists and vacationers are required to be responsible for the disputes arising from the purchase of fake and shoddy goods or the high price of goods.

Mediation principle:

Tourists who buy fake and shoddy goods in shopping places arranged by travel agencies are required to return them. For tourists' personal reasons, such as tourists think that the price is too high, they don't like it, they don't need it, or tourists have disputes in shopping places arranged by non-travel agencies. Travel agencies don't have to bear the responsibility of returning goods for tourists, and tourists can contact merchants themselves to negotiate and solve them.

6. Travel cannot be carried out due to force majeure, or travel is suspended.

Mediation principle:

If the economic losses of tourists are caused by force majeure, the travel agency shall not be liable for compensation, but shall refund the expenses that the tourists have not incurred. Other matters shall be implemented according to the standard contract of domestic tour groups, or determined by both parties through consultation.

7. After the travel agency collected the travel expenses, it could not go because of the travel agency.

Mediation principle:

According to the relevant regulations, if the trip cannot be made due to the travel agency, the tourists should be informed three days in advance (outbound travel should be seven days in advance), otherwise, the travel agency should be required to bear the liability for breach of contract and compensate the tourists for 10% of the payment. According to the standard contract of domestic tour groups, travel agencies must pay liquidated damages to tourists in different proportions of all travel expenses.

8. It is the fault of the travel agency that tourists miss the plane (car or boat).

Mediation principle:

If the tourists miss the plane (bus or boat) due to the fault of the travel agency, the travel agency shall compensate the tourists for their direct economic losses, and compensate 10% of the economic losses as liquidated damages.

Also, according to the Trial Standard for Compensation for Quality Margin of Travel Agencies, if a travel agency has taken the following measures before the occurrence of tourism quality problems, its liability for compensation may be reduced or exempted:

(a) fully explain, remind, advise and warn tourists and vacationers of the quality and safety of tourism in advance;

(2) The quality problems are unintentional, non-negligent, unforeseeable or preventive measures have been taken.