Traditional Culture Encyclopedia - Travel guide - Which department should I go to in case of a dispute with a travel agency?
Which department should I go to in case of a dispute with a travel agency?
There are mainly the following methods to solve disputes over travel contracts:
(a) negotiation, also known as self-negotiation settlement, refers to the dispute between the two sides on the tourism contract. On the basis of voluntary mutual understanding, in accordance with the provisions of relevant laws and policies, a method of resolving disputes by itself. In practice, when the parties negotiate to resolve contract disputes, they generally adopt the following methods:
1, the parties themselves (or their legal representatives) shall negotiate to solve the problem;
2. The method of mutual consultation between the agents entrusted by the parties;
3. Hosting friendly negotiation and settlement with the participation of some organizations.
(2) Mediation refers to a way for both parties to a tourism contract to resolve disputes under the auspices of the competent department, a third party, an arbitration institution or a people's court.
(3) Litigation is an activity presided over by the people's court, with the participation of the parties and other participants in the litigation, to try and resolve disputes over tourism contracts. The cases of tourism contract disputes tried and judged by the people's courts are the final method to solve the tourism contract disputes.
I. Matters needing attention in signing a tourism contract
1, some special elements of the contract. For example, if you want to charge a tour guide tip for outbound travel, you must agree on the charging standard in the contract in advance; If the regulations stipulate that outbound tourists must send a team leader, there must be relevant agreements in the contract; Most travel agencies usually entrust overseas travel and outbound travel to local agencies, and travel agencies are obliged to inform tourists of the name and contact information of local agencies in the contract.
2. Pay attention to whether there is a overlord clause recognized by the industrial and commercial department in the contract. For example, if there are not enough people to form a group independently, we will inform you five days in advance and refund the tour fee in full without compensation; Or our agency has the right to join other travel agencies to organize tours without prior notice. If so, you can negotiate with the travel agency. If not, you can choose another travel agency to join the tour.
3. As an annex to the contract, travel itinerary is also an important part of the contract. Pay attention to whether the relevant terms in the itinerary conflict with the terms of the contract.
4. Make good use of the right to negotiate. For other contents agreed by both parties through consultation, the travel agency shall leave special clauses in the contract provided by the two parties for negotiation. If tourists think that some contents printed and formulated in the contract are unreasonable, they must raise objections and make amendments through full consultation. Or there are old people and children in need of care, members of ethnic minorities in Muslim food, and so on. Among tourists, some special agreements need to be added. If the travel agency refuses to yield to the obviously unfair contract, tourists have the right to choose not to join this travel agency group.
5. Pay attention to the business qualification and business scope of the travel agency. For example, outbound tourism must be organized by qualified travel agencies, and tourism in Taiwan Province Province must be organized by qualified travel agencies in Taiwan Province Province, otherwise there will be risks.
I hope the above contents are helpful to you. If in doubt, you can consult a professional lawyer.
Legal basis: Tourism Law of the People's Republic of China
Article 92 Disputes between tourists and tour operators can be resolved through the following channels:
(1) Both parties negotiate;
(two) to apply for mediation to consumers' associations, tourism complaint acceptance agencies or relevant mediation organizations;
(three) according to the arbitration agreement reached with the tour operators, submit it to an arbitration institution for arbitration;
(4) bring a lawsuit to the people's court.
- Related articles
- Guide to summer tourism with straw hats
- Beijing, Chengdu and Chongqing self-driving tour guide Chengdu self-driving Beijng Tours-Private One-day Tour route recommendation
- Walking in the Corridor of Books 600-word composition
- Overview of Xuchang Ceramic Vocational College
- What free tourist attractions in Korea are worth punching in?
- The best route and attractions from Qingdao Longwan to Zhengzhou
- How to write a project planning letter
- Introduction to Qianfo Mountain in Nanjing The best introduction to Qianfo Mountain one-day tour
- Introduction of one-day tour in Xuzhou
- What are the scenic spots in Guiyang?