Traditional Culture Encyclopedia - Travel guide - Should the travel expenses caused by the epidemic be refunded?

Should the travel expenses caused by the epidemic be refunded?

Legal analysis: the cost of traveling with a group during the epidemic may not be fully refunded. If the travel contract cannot be continued due to force majeure, tourists and tour operators have the right to terminate the contract. For the tourists who propose to cancel the contract, if they join the tour group, the tour group will return the rest to the tourists after deducting the non-refundable fees paid to the ground agency or performance assistant.

Legal basis: Article 590 of the Civil Code of People's Republic of China (PRC). If the contract cannot be performed due to force majeure, the liability shall be exempted in part or in whole according to the influence of force majeure, unless otherwise stipulated by law. If the contract cannot be performed due to force majeure, the other party shall be informed in time to reduce the possible losses to the other party and provide proof within a reasonable time.

If force majeure occurs after the delay in performance, the parties concerned shall not be exempted from the liability for breach of contract.

Article 67 of the Tourism Law of the People's Republic of China, if an unavoidable event due to force majeure affects tourism or the travel agency or assistant has fulfilled the obligation of reasonable care, it shall be handled according to the following circumstances:

(a) the contract can not continue to perform, travel agencies and tourists can terminate the contract. If the contract cannot be fully performed, the travel agency can change the contract within a reasonable range after explaining it to the tourists; If the tourists do not agree to the change, they may terminate the contract.

(2) If the contract is terminated, the package tour agency shall return the balance after deducting the non-refundable fees paid to the land agency or the performance assistance personnel to the tourists; If the contract is changed, the increased expenses shall be borne by the tourists, and the reduced expenses shall be returned to the tourists.