Traditional Culture Encyclopedia - Travel guide - How to solve the travel contract signed with the travel agency when the typhoon strikes, because the scenic spots are closed and the flights are cancelled?
How to solve the travel contract signed with the travel agency when the typhoon strikes, because the scenic spots are closed and the flights are cancelled?
Q: When the typhoon hit, the flight was cancelled due to the closure of scenic spots. I have signed a travel contract with the travel agency and booked a hotel. What should I do?
A: According to the relevant provisions of the Contract Law and the Tourism Law, if a tourist does not predict a typhoon when signing a contract with a travel agency, the typhoon is force majeure. At the same time, if the travel agency fails to perform the contract due to the typhoon without delaying the performance of the contract, both parties may terminate the contract and partially or completely exempt the travel agency from its responsibilities. As for consumers booking hotels, it is equivalent to signing a lease contract with the hotel. Because the typhoon is force majeure, the contract between the two parties can be terminated and consumers have the right to ask for a refund. If the merchant refuses to refund all the time, consumers can complain to the Consumer Council or bring a lawsuit to the local court. In addition, if the flight is cancelled due to the typhoon and the passengers are stranded at the airport, the airline or airport shall assist the passengers in arranging accommodation and accept the passengers' request for refund.
Q: When the typhoon came, in order to reduce the loss of people's lives and property, many units stopped work, production, classes and markets. Can wages be stopped?
Answer: According to Article 12 of the Interim Provisions on Wage Payment promulgated by the Ministry of Labor, if the unit stops work or production during a wage payment period due to reasons other than the employee, the employer shall pay the employee wages according to the standards agreed in the labor contract. In other words, the mobilization order takes effect, and the wages during the shutdown period should also be paid as usual, and cannot be deducted at will.
Under this extreme weather condition, except for some special posts, all enterprises and institutions should actively respond to the government's mobilization to stop work, give workers a holiday and pay wages normally. Even if the unit does not stop work, workers should be allowed to take time off without deducting wages.
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