The tour guide changed the travel contract without authorization, and the tour guide changed the itinerary without authorization.

1. The tour guide changed the itinerary without authorization.

It can be changed without authorization in the case of endangering the personal safety of tourists, but it should be informed to the travel agency. Plus other circumstances, it can only be hehe. The punishment is severe.

2. The tour guide changed the reception plan without authorization.

Do a good job of explanation, both parties should abide by the contract signed by * * *, and changing the scheme without authorization is a breach of contract. Even if the plan is changed, it must be agreed by most passengers.

3. Under what circumstances can the tour guide change the itinerary?

Answer this question as a travel professional. If you suddenly change your tour guide for no reason during the trip, it will definitely arouse the guests' resentment. There must be something unexpected about changing tour guides, so I have to change tour guides. In this case, the tour guide or travel agency will explain the situation to the tourists and change the tour guide with the consent and understanding of the guests. At the same time, the new tour guide is more prominent than the previous tour guide in all aspects, which makes the guests satisfied.

Another situation is that the tour guide arranged by the travel agency doesn't like the guests, or the tour guide doesn't like them. I can't work at all, which leads to complaints from guests and strong demands for a new tour guide. At this time, the travel society tries its best to meet the needs of guests. The replacement tour guide must be a competent and skilled tour guide of the company. It is not necessary to let the guests have fun in the next trip, but also to let them forget the past. And this kind of tour guide we often say:

The tour guide was complained to change the itinerary without authorization.

As a direct bridge between travel agencies and tourists, tour guides play a vital role in the whole process of tourism service. So how can tour guides change their travel plans to appease tourists?

If it is caused by force majeure, first of all, you should explain it clearly to all tourists, win their understanding and report the situation to your travel agency. For example, because of the heavy wind and waves, tourists can't go fishing in the sea, so after obtaining the consent of tourists, guests can postpone their trips or do other activities.

If the tour guide changes the itinerary without authorization, it will cause losses to tourists. Then the tour guide mainly bears the losses of tourists, and the travel agency bears joint responsibility. At the same time, travel agencies and tour guides should apologize to tourists and provide spiritual and material comfort to injured tourists. Comfort can be a gift from a tourist attraction, or a direct monetary compensation, which can be negotiated.

5. What if the tour guide changes his itinerary?

If there is no force majeure, you can not change your itinerary. If you encounter it, you can complain to the tourism authorities. It was designated as the Regulations on the Administration of Tour Guides. There are three kinds of illegal acts: increasing or decreasing tourism projects, changing reception plans and suspending tour guide activities. The tourism administrative department shall order the tour guide to make corrections and temporarily suspend the tour guide card for 3 to 6 months; If the circumstances are serious, the tourist guide card shall be revoked by the provincial tourism administrative department.

6. What do tour guides do when tourists ask for a change of itinerary?

China's current Tourism Law clearly stipulates that package travel contracts should be in written form, including the basic information of travel agencies and tourists; Travel arrangements; The minimum number of tour groups, arrangements and standards for transportation, accommodation, catering and other tourism services; The specific content and time of sightseeing, entertainment and other projects; Schedule of free activities; Travel expenses and payment terms and methods; It is not difficult to see that the travel itinerary is an important part of the travel contract.

At the same time, the Tourism Law also stipulates that travel agencies should provide travel itineraries before the start of tourism. The itinerary is an integral part of the package tour contract. Tour guides and tour leaders shall strictly implement the travel itinerary, and shall not change the travel itinerary or suspend service activities without authorization, ask tourists for tips, and shall not induce, deceive, force or force tourists to shop or participate in other paid tourism projects in disguise.

Unauthorized changes to the travel itinerary, which seriously damages the rights and interests of tourists, shall be ordered by the tourism authorities to make corrections, and a fine of not less than 30,000 yuan but not more than 300,000 yuan shall be imposed, and shall be ordered to suspend business for rectification; If tourists are stranded and other serious consequences are caused, the travel agency business license shall be revoked; d

To sum up, even if the tourism authorities punish travel agencies or tour guides, they cannot exempt consumers from the liability for compensation. As for the amount of compensation, it should be calculated in combination with the losses you actually suffered.

Case introduction

An advertising company is going to organize employees to spend their holidays in Lushan. The advertising company signed a travel contract with the travel agency. The advertising company requires the tour group to stay in a hotel in Lushan, and stipulates the liability for breach of contract: if Party A (tourist) fails to make the trip due to the reasons of Party B (travel agency), the travel agency will pay 20% of the total travel expenses as liquidated damages; If the notice is given 3 to 1 day before the start of the tour, 30% of the total cost of the tour will be paid as liquidated damages. After the travel agency bought the train ticket to Lushan Mountain, the land agency informed the tour group that the rooms were all booked. Three days before departure, the tour group informed the advertising company that it could not make it, and the advertising company asked the tour group to issue a written notice. The travel agency sent a written notice. I can't travel because the guest room can't. Failing to provide as agreed and starting to deal with the aftermath. The travel agency hopes that the advertising company will bear the loss of train ticket refund and 20% penalty; The advertising company requires the travel agency to refund all the advance payment and compensate the advertising company for 30% of the total travel expenses according to the contract. If the two sides do not give in to each other and negotiation fails, the advertising company will complain to the tourism authorities and demand compensation.

I. Legal provisions

1. Article 8 of the Tourism Law stipulates that a legally established contract is legally binding on the parties. The parties shall perform their obligations as agreed, and shall not alter or terminate the contract without authorization. Contracts established according to law are protected by law.

2. Article 1 14 of the Contract Law stipulates that if the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the US People's Court or arbitration institution to reduce them appropriately.

3. Article 29 of the Travel Agency Regulations stipulates that if the travel contract signed by a travel agency and a tourist is unclear or the understanding of the standard terms is controversial, it shall be interpreted according to the usual understanding; If there are more than two interpretations of the standard terms, it shall be interpreted in favor of tourists; If the standard terms are inconsistent with the non-standard terms, the non-standard terms shall be adopted.

Two. case analysis

(1) The travel agency's breach of contract is obvious. In this dispute, the travel agency must bear the liability for breach of contract, because the travel agency must bear the liability for breach of contract when it unilaterally terminates the travel contract. Must pay attention to, first, how should the travel agency bear the liability for breach of contract? This is the focus of disagreement between travel agencies and advertising companies. Travel agencies are also willing to bear the liability for breach of contract, but their understanding of the liability for breach of contract is different. Second, whether tourists must share the loss of refund from travel agencies. The travel agency requires tourists to share the cost of train tickets. The reason is that the travel agency only buys tickets to prepare the tour group's itinerary. Travel agencies have incurred actual losses, and tourists should bear them.

(2) Understand the meaning of standard terms. If the travel agency agrees in writing to notify 5-3 days before the start of the tour, it will pay 20% of the total travel expenses as liquidated damages; If the notice is given 3 days to 1 day before the start of the tour, a penalty of 30% of the total cost of the tour will be paid. Judging from the contents of the agreement, the opinions of travel agencies and advertising companies on paying liquidated damages are reasonable. However, according to the regulations of travel agencies, if there are more than two interpretations of the standard terms, an interpretation that is beneficial to tourists should be made. Since the travel contract is provided by the travel agency, if there is any dispute between the travel agency and the advertising company on the interpretation of the format terms, it should be explained.

(3) How to determine the level of liquidated damages. Under normal circumstances, as long as the travel agency advertising company has signed a travel contract, including the agreement on liquidated damages, both travel agencies and advertising companies must abide by the contract. There are two ways to change the contents of the travel contract: first, the two sides negotiate. Both travel agencies and advertising companies can negotiate the contents of the travel contract, and as long as both parties agree, they can adjust the contents of the travel contract, including the agreement on liquidated damages. Second, solve it through court proceedings. For example, in the case, the travel agency thinks that the liquidated damages are too high to bear. On the premise of unsuccessful negotiation, the travel agency filed a lawsuit with the American people's court, asking the court to decide to reduce the payment of liquidated damages.

In a word, the tour group can't go because of the mistake of the travel agency, and the direct economic loss can only be borne by the travel agency. The refund of tickets purchased by travel agencies for tour groups cannot be attributed to tour groups. There is no fault in the whole process of the tour group, and there is no basis for the travel agency to ask the advertising company to bear the refund loss. In addition, the travel agency will also bear 30% of the total tour fee as liquidated damages to the advertising company.

After signing the contract with the consumer, the travel agency shall arrange the travel itinerary in strict accordance with the contract, and no one has the right to change it without authorization. If the travel agency needs to change its itinerary due to special circumstances during the performance of the contract, it shall explain the reasons to the consumers and make suggestions. Travel agencies have the right to change the travel contract only after obtaining the consent of consumers, otherwise it is a breach of contract to change the contents of the travel contract without authorization. Tour guide S's behavior of changing the itinerary without the consent of the travel agency is a breach of contract, which may bring certain losses to consumers. Because the tour guide is appointed by the travel agency, his behavior is his duty behavior on behalf of the travel agency, and all the consequences of his behavior should be borne by the travel agency. If the behavior of the tour guide S violates the regulations of the relevant tourism administrative departments at the same time, consumers can complain and report to the relevant departments, and the relevant departments will give the tour guide corresponding punishment. However, if only the travel agency unilaterally breaches the contract, the tour guide cannot be required to bear the liability for compensation. Consumers can call the Contract Law to protect their rights. Article 107 stipulates that if a party fails to perform its contractual obligations or fails to perform its contractual obligations as agreed, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. Article 1 14 stipulates that when one party breaches the contract, it may agree to pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, or agree on the calculation method of the amount of liquidated damages. If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the US People's Court or arbitration institution to reduce them appropriately. If the parties agree to postpone the performance of liquidated damages, the breaching party shall also perform the debt after paying the liquidated damages. Related documents involved in this issue: contract law.

In short, according to the analysis of netizens' rights protection, we must leave evidence, otherwise it will be difficult to protect rights! I hope I can help you!

Note that the travel agency acknowledges the breach of contract, but does not accept the amount of compensation for economic losses claimed by consumers. The reason is that the travel agency has informed consumers of the itinerary change through WeChat, and the itinerary change does not affect the number of days of tourism projects. The detention is caused by typhoon and belongs to force majeure. Therefore, the expenses incurred should be borne by the travel agency and tourists, and the travel agency should not bear all the responsibilities.

7. The tour guide changed the itinerary without permission

There are no clear rules.

Tourism Law

Article 39

Engaged in tour guide business, should obtain the qualification of tour guide.

When engaging in business activities with tour guides, they should wear tour guide cards, abide by professional ethics, respect the customs and religious beliefs of tourists, inform and explain the norms of civilized tourism behavior to tourists, guide tourists to travel healthily and civilized, and discourage tourists from violating social morality.

Tour guides and tour leaders shall strictly implement the travel itinerary, and shall not change the travel itinerary or suspend service activities without authorization, ask tourists for tips, and shall not induce, deceive, force or force tourists to shop or participate in other paid tourism projects in disguise.

8. The tour guide arbitrarily changes the travel punishment regulations.

The purpose of signing a tourism contract in the process of tourism is to prevent the occurrence of tourism disputes. Relatively speaking, the tourism industry is becoming more and more standardized, and the quality of tourism companies, scenic spots and tour guides has been greatly improved, but there are few disputes. On the whole, the form is good. As tourists and vulnerable groups, it is very important to sign travel contracts. Before signing a contract, tourists must sign a standardized and detailed travel contract with the travel agency. In the tourism contract, it is necessary to specify the number of scenic spots and the service standards of tour guides. And clarify the responsibilities and obligations of travel agencies. Pay attention to several aspects:

First, whether to provide standardized contract text.

Second, whether to affix the official seal of the unit.

Three, whether to provide the official receipt.

Four, to clearly define the content of the contract.

1. A travel contract shall include basic contents such as travel itinerary, travel price, insurance amount and liability for breach of contract.

2. The contract shall clearly describe the tourist routes and scenic spots, means of transportation and standards, as well as the standards of meals and accommodation.

3. For tourist attractions, all scenic spots and the starting time of the visit should be clearly defined. When necessary, the schedule agreed in the travel agency advertisement can be used as an annex to the contract.

As for accommodation standards, it should be noted that standard rooms only have a specific meaning in star-rated hotels. Therefore, when the accommodation place is a general hotel or guest house, the number of beds, whether there are accommodation facilities, toilets, televisions, telephones and other conditions should be clearly agreed.

5. Shopping items shall specify the number of shopping, the name of the shopping point and the stay time. Liability for breach of contract should include dispute handling methods, complaint handling institutions, etc.

During the trip, both parties should fulfill their commitments according to the contract. If the travel agency does not act according to the contract, such as changing the hotel's S-star, lowering the dining standard, changing the plane to the train, and waiting for the sleeper to harden, tourists should truly record the facts and consequences of their breach of contract, and keep physical evidence as much as possible so as to complain to the relevant departments in the future.

On the contrary, tourists who change the agreement, such as temporarily leaving the group or returning early, should also inform the travel agency in advance, and it is best to reach a written agreement. Without authorization, tourists should be careful of the travel agency's counter-complaint. 1999 10 the national tourism administration promulgated and implemented the contract law, changed the itinerary of tour guides, accepted kickbacks, and bound shops and a group of people.

Tourists should also make rational judgments, dare to raise objections, remind tour guides and persuade them to ensure the quality of reception services in accordance with the travel contract. Look at the quality objectively. In the process of traveling, tourists should also look at the quality of tourism services objectively. Few people think that after grandparents paid the money, even some tourists only know a little about the law and put forward excessive demands in the name of safeguarding the interests of consumers. This is obviously irrational and biased.

If you are dissatisfied with the service of the travel agency, you have the right to complain, but you must take the facts and relevant state regulations as the criterion. You can't ask for exorbitant prices. Everything should belong to God. Both parties to the contract should be equal. Tourists have the right to complain as long as they register in a formally registered travel agency and sign a travel contract in accordance with the regulations. thorium

Secondly, there is a clause in the travel contract about leaving the group in advance. Tourists who fail to make the trip for personal reasons shall bear the liability for breach of contract and collect liquidated damages.

Is this clause reasonable? What is the maximum amount of liquidated damages (charging standard)?

Leave the league early, bear the liability for breach of contract and pay a certain penalty. According to the Regulations on the Administration of Tour Guides, this clause itself is allowed. However, the problem often lies in the high liquidated damages agreed in the travel contract, and the amount of liquidated damages is limited by law.

First of all, according to the second paragraph of Article 1 14 of the Regulations on the Administration of Travel Agencies, if the agreed liquidated damages are excessively higher than the actual losses, the parties concerned may request the US People's Court or an arbitration institution to reduce them appropriately. According to the second paragraph of Article 29 of the Interpretation of the Interim Measures for Compensation for Tourism Quality Deposit in the Supreme People's Court, USA, if the liquidated damages agreed by the parties exceed 30% of the losses caused, it can generally be considered as excessively higher than the second paragraph of Article 1 14 of the Contract Law.

Secondly, travel agencies need evidence to prove that the damage caused by tourists is a breach of contract. It cannot be said that the amount of damage is only based on subjective estimation. There have also been cases where some travel agencies claimed damages for breach of contract due to insufficient evidence, and the court refused to support them.

In this place, you should also note that according to the latest outbound travel contract model of National Tourism Administration Team 20 14, in outbound travel, if the tourist proposes to cancel the contract more than 30 days before the start of the trip and fails to apply for a visa, the travel agency needs to refund all the travel expenses to the tourist; If the visa has been processed, the remaining travel expenses will be refunded after deducting the visa fee.

If the tourist proposes to terminate the contract within 30 days, the travel agency will refund the necessary expenses in proportion to the contract amount, and the remaining expenses will still be returned to the tourist.

Third, travel contracts often list such clauses. Please take care of your belongings. If they are lost, the travel agency will not be responsible.

Are the terms in this contract format correct? Is it effective?

This clause is illegal. Let's look at the provisions of the contract law first. Article 7 stipulates that consumers have the right to protect personal and property safety when purchasing and using commodities and receiving services.

Consumers have the right to ask business operators to provide goods and services that meet the requirements of protecting personal and property safety. Then, Article 80 of the Contract Law stipulates that tour operators should make clear explanations or warnings about necessary safety precautions, emergency measures and other situations that may endanger the personal and property safety of tourists.

Article 70, paragraph 3, also stipulates that if a travel agency fails to fulfill its obligations of safety tips and assistance in the process of tourists' travel, it shall bear corresponding responsibilities for personal injuries and property losses of tourists.

Therefore, the travel agency can't completely ignore the property safety of tourists, but should give an express statement in time when it may endanger the property safety of tourists, and give timely assistance when the property is in danger, otherwise it will bear the corresponding liability for compensation.

Therefore, the format clause unilaterally exempts the above-mentioned travel agencies from their obligations and is invalid.

4. Nowadays, more and more people are considering group purchase when traveling, and they will be told on the group purchase page or when signing a contract that if this route is not organized, the travel agency will inform the team to reschedule, change the route or refund the group money in full two days in advance (including the day of departure) without any compensation.

Is such an agreement fair?

Such an agreement is unfair and illegal for tourists. Article 63 stipulates that if a travel agency attracts tourists to participate in group tours and cannot leave the group because it does not reach the agreed number of tourists, the group agency may terminate the contract. However, tourists should be informed at least 7 days in advance for domestic tourism and at least 30 days in advance for outbound tourism.

If you can leave the group because you have not reached the agreed number, the travel agency may entrust other travel agencies to perform the contract in writing.

Travel agencies only notify tourists of rescheduling, changing routes or full refund two days in advance, which violates the provisions of the Tourism Law and causes tourists to suffer the loss of trust interests.

5. The travel agency arbitrarily changes the travel itinerary or unilaterally cancels the itinerary. What is the situation stipulated in the contract law? Can passengers claim any compensation?

It is a breach of contract for a travel agency to change its itinerary without authorization or unilaterally cancel it temporarily.

Article 107 clearly stipulates that if a party fails to perform its contractual obligations or fails to perform its contractual obligations as agreed, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. Therefore, passengers can ask the travel agency to continue to perform the contract according to the original itinerary, or they can ask the travel agency for compensation for breach of contract.

At the same time, this practice of travel agencies also violates the provisions of the Consumer Protection Law. The first paragraph of article 69 clearly stipulates that travel agencies shall perform their obligations in accordance with the package tour contract and shall not change the travel itinerary without authorization. The first paragraph of Article 70 also stipulates that if a travel agency fails to perform its obligations under the package tour contract or fails to perform its contractual obligations as agreed, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses according to law; Those who cause personal injury or property loss to tourists shall be liable for compensation according to law.

If the travel agency meets the performance conditions and refuses to perform the contract according to the requirements of the tourists, causing serious consequences such as personal injury and detention of the tourists, the tourists may also ask the travel agency to pay compensation of more than one time and less than three times the travel expenses.