What to do if you encounter a tourist black shop

No, alarm processing.

If the forced consumption only violates the civil law, the victim can file a civil lawsuit in court. If the forced consumption violates the Public Security Management Punishment Law, the victim can be detained or fined. Whoever forcibly buys or sells goods, forces others to provide services or forces others to receive services shall be detained for not less than five days but not more than ten days, and shall also be fined not less than 200 yuan but not more than 500 yuan; if the circumstances are relatively minor, he shall be detained for not less than five days but not more than 10 days or more. A fine of not more than five hundred yuan.

Legal Basis

Article 46 of the "Public Security Administration Punishment Law"

Forcibly buying and selling goods, forcing others to provide services or forcing others to accept services , shall be detained for not less than five days but not more than ten days, and shall be fined not less than 200 yuan but not more than 500 yuan; if the circumstances are relatively minor, shall be detained for not more than five days but not more than 500 yuan, or shall be fined not more than 500 yuan.

When an operator sells goods, any behavior that violates the buyer's intention of tying the goods or attaching other unreasonable conditions can be deemed as compulsory consumption. Government officials and their subordinate departments abuse their administrative powers and restrict others from purchasing the goods of their designated operators, and government officials seek benefits from this.

In order to make huge profits from tutoring fees and school uniforms, teachers discuss with their bosses in advance and designate students to go to a certain place to buy certain things, which is also classified as compulsory consumption.

Article 226 of the "Criminal Law of the People's Republic of China" stipulates that a person may be sentenced to fixed-term imprisonment of not more than seven years or criminal detention and a fine. The circumstances are serious and should include the following points:

1. Promoting unfair transactions and making large illegal profits;

2. Forced transactions multiple times;

3. Having a bad impact on society;

4. Causing relatively serious consequences to the victim and family;

5. Forced transactions that seriously disrupt the market;

< p>6. Two or more persons commit forced transactions together.

1. When consumers encounter disputes in tourism, they can negotiate between the two parties;

2. Apply for mediation to consumer associations, tourism complaint acceptance agencies or relevant mediation organizations;

3. Submit it to an arbitration institution for arbitration according to the arbitration agreement reached with the tourism operator;

4. At the same time, you can also file a lawsuit in court.

Tourists can choose ways to safeguard their rights based on the degree of infringement of their rights and interests, the actual factual evidence they possess, their expectations for timeliness and compensation amount, and the travel agency’s handling of the incident.

Legal basis: "Travel Law of the People's Republic of China"

Article 35 Travel agencies shall not organize tourism activities at unreasonably low prices to deceive tourists, and Obtaining kickbacks and other illegitimate benefits by arranging shopping or paying for separate travel projects.

Travel agencies that organize and receive tourists are not allowed to designate specific shopping venues and are not allowed to arrange additional paid travel items. However, this is excepted if it is agreed upon by both parties or requested by the tourist and does not affect the itinerary arrangements of other tourists.

In the event of violation of the provisions of the first two paragraphs, tourists have the right to request the travel agency to handle returns and advance the return payment within thirty days after the end of the travel itinerary, or refund the cost of separately paid travel items.

Article 41 When engaging in business activities, tour guides and group leaders shall wear tour guide certificates and group leader certificates, abide by professional ethics, respect tourists’ customs and religious beliefs, and shall inform and explain tourism civilization to tourists Code of conduct guides tourists to travel in a healthy and civilized way, and discourages tourists from behaviors that violate social ethics.

Tour guides and team leaders shall strictly implement the travel itinerary and shall not change the travel itinerary or suspend service activities without authorization, shall not ask for tips from tourists, and shall not induce, deceive, force or force tourists in disguised form to make purchases or participate in activities for which additional payment is required. Tourism projects.

If the tour guide forces tourists to make purchases, it is recommended to negotiate with the travel agency to which the tour guide belongs. If the solution cannot be solved through negotiation, you can apply for mediation to the consumer association, the tourism complaint acceptance agency or the relevant mediation organization; after the tourist complains, the consumer association, the tourism complaint acceptance agency and the relevant mediation organization will, on the basis of the voluntariness of both parties, handle the situation between the tourist and the tourist in accordance with the law. Mediation of disputes between tourism operators.

Legal basis: "Tourism Law of the People's Republic of China" Article 41 When engaging in business activities, tour guides and tour leaders shall wear tour guide certificates, abide by professional ethics, and respect the customs, habits and religion of tourists. Beliefs should inform and explain the norms of civilized tourism behavior to tourists, guide tourists to travel in a healthy and civilized manner, and discourage tourists from behaviors that violate social ethics. Tour guides and team leaders shall strictly implement the travel itinerary and shall not change the travel itinerary or suspend service activities without authorization, shall not ask for tips from tourists, and shall not induce, deceive, force or force tourists in disguised form to make purchases or participate in separately paid tours.

Tourists who are forced to shop by tour guides can complain to the tourism administrative department or the industrial and commercial administrative department and request compensation from the travel agency.

According to the law, the tourism authorities shall order corrections, confiscate the illegal gains, order the company to suspend business for rectification, and impose a fine of not less than 30,000 yuan but not more than 300,000 yuan; if the illegal gains exceed 300,000 yuan, a fine of not less than one time and five times the illegal gains shall be imposed. The following fines shall be imposed; if the circumstances are serious, the travel agency business license shall be revoked; the directly responsible person in charge and other directly responsible persons shall have their illegal gains confiscated, be fined not less than RMB 2,000 but not more than RMB 20,000, and the tour guide license and tour guide license shall be temporarily withheld or revoked. certificate.

Article 35 of the "Tourism Law of the People's Republic of China": Travel agencies shall not organize tourism activities at unreasonably low prices to deceive tourists, and obtain them by arranging shopping or paying for additional travel items Kickbacks and other illegitimate benefits.

Travel agencies that organize and receive tourists are not allowed to designate specific shopping venues and are not allowed to arrange additional paid travel items. However, this is excepted if it is agreed upon by both parties or requested by the tourist and does not affect the itinerary arrangements of other tourists.

In the event of violation of the provisions of the first two paragraphs, tourists have the right to request the travel agency to handle returns and advance the return payment within thirty days after the end of the travel itinerary, or to refund the cost of separately paid travel items.