Overview of knowledge points related to tourism complaints

Overview of knowledge points related to tourism complaints

1 991June1day, according to China's civil law, civil procedure law, administrative procedure law, administrative reconsideration regulations and other laws and regulations, the National Tourism Administration formulated and issued the Interim Provisions on Tourism Complaints, which is the first departmental regulation with the nature of administrative regulations in China, stipulating tourism complaints and complaint procedures. Since then, the Interim Measures for Quality Margin Compensation of Travel Agencies, the Interim Measures for Organization and Management of National Tourism Quality Supervision and Management Institutions, and the Trial Standards for Quality Margin Compensation of Travel Agencies have been promulgated one after another, and the complaint system has been continuously improved in terms of organizational guarantee, compensation sources, basis and standards.

Tourism complaint system is a relatively perfect legal system in China's tourism management, and it is one of the five ways to deal with tourism disputes with the most tourism characteristics. The establishment of tourism complaint system is conducive to the national tourism administrative organs to better exercise state power, handle the contradictions and disputes between the two sides fairly and reasonably, and manage tourism according to law; Being a tourist? No complaints? The problem is solved; Maintain China's tourism reputation and image; It is conducive to timely protecting the legitimate rights and interests of tourists, standardizing their business behavior, strengthening the quality of their tourism services, maintaining the order of the tourism market, and promoting the sustained and healthy development of tourism.

(A) the concept and characteristics of tourism complaints

1, travel complaints (be sure to remember)

It refers to the behavior of tourists, overseas travel agencies and domestic tour operators who, in order to safeguard their own and others' legitimate rights and interests in tourism, complain in written or oral form to tourists and related service units that damage their legitimate rights and interests and ask the tourism administrative department to handle them.

2. Characteristics of tourist complaints: (Remember 1? Article 5)

(1) The complainant is a person who has a direct interest in this case.

The direct interested party refers to the person who exercises the corresponding claim right according to law because the respondent's behavior directly damages its legal person, property rights or business reputation. Include tourists, sea travelers, domestic tour operators and tourism professionals.

(2) When the damage occurs. This kind of damage must be in violation of laws, disciplines and service rules. Acts that belong to the respondent's performance of legitimate duties shall be protected and not included in the scope of complaints.

(3) The respondent is subjectively at fault.

(4) The dispute involved in the complaint should occur in or be closely related to tourism activities.

(5) The accepting organ is a tourism complaint management institution established by the tourism administrative department, and its complaint handling behavior is a specific administrative act of the tourism administrative department.

In addition to resolving tourism disputes through negotiation, mediation, arbitration and litigation, the parties involved in tourism legal relations can also request the tourism administrative department to safeguard their rights and interests through complaints. After the parties complain, the tourism administrative department will make a decision, which is an administrative ruling. Administrative adjudication is a kind of quasi-judicial behavior, which is the activity of administrative organs to solve disputes with civil nature within a certain range. Administrative adjudication includes administrative reconsideration and administrative adjudication. The former is used to solve disputes between citizens and administrative organs, while the latter is used for administrative organs to deal with disputes between citizens or legal persons.

Tourism complaint management department and tourism complaint acceptance agency

(a) the tourism complaint management department and the tourism complaint acceptance agency.

The tourism complaint management department is the tourism administrative department at or above the county level.

The tourist complaint accepting institution is a tourist complaint management organ established by the tourism administrative department according to law;

The tourism complaint management institution is the internal working institution of the tourism complaint management department. Its actual name is the Tourism Quality Supervision and Management Office established in accordance with the principle of grading compilation, which is specifically responsible for tourism complaints, handling complaint cases on behalf of the tourism administrative department that established it, and making a complaint decision. However, the tourism complaint management organization does not have an independent administrative legal person status and cannot make any administrative actions in its own name. The consequences of the complaint handling decision made shall be borne by the tourism management department that made the decision.

In real life, tourists often complain directly to tour operators who they think have harmed their legitimate rights and interests. The nature of complaints at this time is different from that of tourism complaints mentioned in this chapter. Tourism operators are enterprise legal persons and have no administrative power and no right to handle tourism complaints. Therefore, after receiving complaints from tourists, we should promptly investigate and verify them, and strive to resolve disputes through consultation with tourists. If reconciliation cannot be chosen, it shall be promptly transferred to the tourism complaint management organ for review and handling. If the object of tourists' complaints is the staff of tourism enterprises, tourism enterprises should also urge both parties to reconcile, otherwise they should be transferred to the relevant complaint management organs in time.

(two) the responsibilities of the tourism complaint management organ

The duties of the national tourism complaint management institution established by the national tourism administrative department are: to formulate the rules and regulations of the national tourism complaint management and organize their implementation; Guide, supervise and inspect the management of tourism complaints of local tourism administrative departments; Complaints received can be directly investigated and handled, and can also be handed over to relevant departments for handling; Accepting applications for reconsideration that are not satisfied with the decision on handling complaints made by the tourism administrative departments of provinces, autonomous regions and municipalities directly under the Central Government; Other matters commended or notified by local tourism complaints.

Local tourism complaint management institutions established by local tourism administrative departments at or above the county level are responsible for: implementing national tourism complaint rules and regulations; Accepting tourist complaints within its jurisdiction; Accepting the investigation and handling of major tourism complaints involving the investigation by the tourism complaint management organ at the next lower level within its jurisdiction; Report the investigation and handling of major tourism complaints within the jurisdiction to the tourism complaint management institution at the next higher level; Establish and improve the recognition or notification system of tourism complaint management in this region; Other matters related to the management of tourist complaints in this area.

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