How to protect your own tourism consumption rights?

With the improvement of people's living standards, more and more people like to travel and spend their holidays. However, you may encounter some "minor troubles" during your trip. How should you learn to protect yourself with legal weapons when others infringe upon your legitimate rights and interests? Today, Bian Xiao will take stock of several issues that everyone is most concerned about on the road of tourism consumption!

How to identify the overlord clause?

Case Xiaozhuang, a tour guide in Kunming, Yunnan, took a tour group from the northeast and traveled along Kunming, Dali, Lijiang and Shangri-La. The travel agency used two or three pages of publicity materials to blow up the scenic spots along the way. When signing the contract, tourists found that the terms listed above were mainly "overlooking Cangshan Mountain", "taking a bus to see the three pagodas" and "overlooking Tiger Leaping Gorge". Foreign tourists didn't know about this, only to find out at the scene that they were just browsing the scenery passing by the window, and they didn't even have time to stop and take a photo of "coming here". After the whole trip, except for Shangri-La Pudacuo National Park, Dali Ancient City and Old Town of Lijiang, no tickets were needed, and the travel agency basically arranged no decent attractions. Tourists complain and demand compensation.

Interpretation of the so-called "overlord clause" mainly refers to the unequal format contracts unilaterally formulated by some operators in order to avoid legal obligations and reduce their own responsibilities. The unfair "overlord clause" set by some tourism service enterprises in tourism contracts not only seriously damages the legitimate rights and interests of tourists, but also does not adapt to China's increasingly mature tourism consumption market.

With regard to the "overlord clause", the judicial interpretation stipulates that if a tour operator makes unfair and unreasonable provisions for tourists by means of standard contracts, notices, statements, notices, etc., or relieves or exempts them from the responsibility of harming the legitimate rights and interests of tourists, and tourists request that the content be deemed invalid according to the provisions of Article 24 of the Consumer Protection Law, the people's court shall support it.

How to deal with the travel agency changing the itinerary without authorization?

26 people including an Liang participated in a five-day tour of Lijiang, Yunnan organized by a travel agency in Guangzhou. After breakfast on the second day of the trip, the tour guide added the ancient tea-horse road without the consent of the tourists, charging 100 yuan/person. After the trip, Liang and others complained to the tourism quality supervision department and asked the travel agency to refund the increased self-funded project funds.

Explain that the tour guide's behavior violates the agreement between the tourists and the travel agency, and the travel agency should bear the responsibility for breach of contract and fully refund the money that Liang and others participated in the self-funded project.

What if the travel agency changes the itinerary without authorization during the tour? According to the judicial interpretation, if a tour operator violates the contract, changes the tour itinerary, omits tourist attractions, reduces tourism service items and lowers tourism service standards, and tourists request the tour operator to compensate for the reasonable expenses such as unfinished tourism service items, the people's court shall support it. The people's court shall support the fraudulent acts of tour operators in providing services and the tourists' request for the loss of double indemnity.

The judicial interpretation also stipulates that the people's court shall support tourists who suffer personal injuries or property losses in activities arranged by themselves, and the tour operators fail to fulfill the necessary obligations of prompt and assistance, and tourists request the tour operators to bear corresponding responsibilities.

What should I do if my luggage is lost?

Case An international travel agency in Guangzhou organized a 9-day tour of Aegean Sea, and tourists signed a travel contract with the travel agency. After the tour group arrived in Turkey, once the whole group of guests got off the bus to visit the scenic spot, because the driver accidentally left the window open, the passport kept by the tour leader in the station wagon and the belongings carried by the tourists were stolen. On the day of the crime, all the tourists were sent to the hotel to wait for the police to find them, and the China Consulate was informed. After many contacts, I went to the consulate to reissue my temporary passport the next morning, but because the local tour guide was not familiar with the road conditions and could not arrive at the consulate as scheduled, I had to negotiate with the consulate to work overtime the next morning (Saturday) after taking photos. After the passport was reissued, the whole group of guests finally returned home safely on the third night.

According to the regulations of the relevant departments, the tour leader should return the travel documents immediately after completing the relevant formalities. Unless the tourists ask the tour leader for help, the tourists' personal documents should be kept by themselves. If the travel documents are lost due to the mistakes of the tour leader, the travel agency shall bear the corresponding responsibilities. Tourists bought it before leaving the group.