The Concept and Solution of Tourism Disputes

1. Negotiating with tour operators is the simplest and lowest-cost way to solve disputes, and it is also a widely used way to solve disputes in tourism activities. Most disputes over the rights and interests of tourism are also alleviated or solved through consultation between the two parties;

2. Requesting mediation from consumers' associations refers to the activities conducted by both parties to a dispute under the auspices and coordination of a third party to settle the dispute through consultation;

3. Complain to the relevant administrative department;

4. Submitting the dispute to an arbitration institution for arbitration according to the arbitration agreement reached with the operator is a way for both parties to reach an agreement on a voluntary basis and agree to submit the dispute to the selected arbitration commission, which will make an arbitration award on the dispute;

5. bring a lawsuit to the people's court. The parties can also directly take litigation to solve the disputes over the rights and interests of tourism consumers without other means. Litigation generally goes through several links, such as prosecution, acceptance, trial and second instance procedure.

Tourism disputes refer to contract disputes or infringement disputes arising from tourism between tourists, tourism operators and tourism auxiliary service providers.

Legal basis

Article 7 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Tourism Dispute Cases, the people's court shall support the failure of tourism operators and tourism auxiliary service providers to fulfill their security obligations, thus causing personal injuries and property losses to tourists.

The third person shall bear the responsibility for personal injury and property loss caused by the behavior of the third person; The people's court shall support tourism operators and tourism auxiliary service providers who fail to fulfill their security obligations and tourists request them to assume corresponding supplementary responsibilities.