Traditional Culture Encyclopedia - Travel guide - How to deal with breach of travel contract

How to deal with breach of travel contract

Legal analysis: 1. If the tour guide changes the activity schedule without authorization, reducing or changing the tour items, the travel agency should refund the attraction tickets, tour guide service fees and compensate for the same amount of liquidated damages. 2. If the tour guide violates the agreement and adds meals, entertainment, medical care and other items without authorization, the travel agency shall bear all the expenses of the tourists. 3. If you violate the contract or trip plan and increase the number of shopping trips without authorization, 20% of the tourist’s shopping price will be refunded each time. 4. The tour guide arranges for tourists to go shopping in stores not designated by the tourism department without authorization. The purchased goods are counterfeit and shoddy. The travel agency shall compensate the travelers for all losses. 5. If a tour guide sells goods privately, the travel agency should fully refund the purchase price of the tourist. 6. If the tour guide asks for a tip, the travel agency should compensate twice the amount of the tip requested. 7. If the tour guide leaves the tour group without authorization during the tour, leaving the tourists unaccountable, the travel agency should bear the direct expenses such as food and accommodation expenses incurred by the tourists during their stay, and compensate 30% of the total travel expenses as liquidated damages. 8. If the transportation arranged by the travel agency is lower than the grade agreed in the contract due to transportation department reasons, the travel agency will refund the difference between the transportation fee paid by the tourist and the actual cost, and compensate for 20% of the difference as liquidated damages. 9. If the tourist attractions arranged by the travel agency cannot be visited due to attraction reasons, the travel agency should refund the attraction tickets, tour guide fees and compensate for 20% of the refunded fees as liquidated damages. 10. If the hotel arranged by the travel agency is lower than the grade agreed in the contract due to reasons, the travel agency should refund the difference between the room rate paid by the tourist and the actual room rate, and compensate for 20% of the liquidated damages.

Legal basis: Article 70 of the "Travel Law of the People's Republic of China" If a travel agency fails to perform its obligations under a package tour contract or performs its contractual obligations inconsistently with the agreement, it shall continue to perform and take remedial measures in accordance with the law. or liability for breach of contract such as compensation for losses; if any personal injury or property loss is caused to tourists, they shall be liable for compensation in accordance with the law. If the travel agency is qualified to perform but refuses to perform the contract despite the request of the tourist, causing serious consequences such as personal injury or detention of the tourist, the tourist may also require the travel agency to pay compensation of not less than one time but not more than three times the travel fee. If the package tour contract cannot be performed or cannot be performed as agreed due to the tourist's own reasons, or causes personal injury or property loss to the tourist, the travel agency shall not be held responsible. During the period when tourists arrange their own activities, if the travel agency fails to fulfill its safety prompts and rescue obligations, it shall bear corresponding liability for the tourists' personal injuries and property losses. responsibility.