Traditional Culture Encyclopedia - Travel guide - If you leave the group midway, you will have to pay liquidated damages.

If you leave the group midway, you will have to pay liquidated damages.

1. Liquidated damages for cancellation of travel group

Travel contract rules:

Liability of the seventeenth tourist for breach of contract

1. Tourist If you propose to terminate the contract within 30 days before departure (including the 30th day), you must pay business loss fees to the departure agency according to the following standards

30 to 15 days before departure, 5% of the total travel cost.

14-7 days before departure, 15% of the total travel cost.

6-4 days before departure, 70% of the total travel cost.

3-1 days before departure, 85% of the total travel cost.

15% of the total travel expenses. What else does it mean? Look, the total cost of the trip is included in the contract. Just use that number to calculate 15%.

2. Refund standards for travel group cancellations

If the contract is signed with a travel agency, there are usually relevant agreements and the terms of the contract should be implemented. Based on past experience, if you cancel the tour more than 7 days in advance, you can negotiate a full refund (pay attention to finding a suitable and reasonable reason, such as a temporary emergency, illness at home, etc. and say that you will look for opportunities to cooperate with travel agencies in the future). If the travel agency disagrees or has a bad attitude, you can ask the local tourism authorities to help coordinate. If time is too tight, such as leaving the group 1-2 days before the trip, you may have to pay a certain percentage of the fee. The general ratio is 10-15% of the tour fee, and some deduct 100 yuan or 200 yuan. (This depends on the route and price you ordered)

3. How to calculate liquidated damages for canceling a tour group

Travel agencies must pay a certain amount of liquidated damages for canceling a tour group.

4. How will the travel agency charge liquidated damages for canceling the group?

Communicate with the travel agency and reach an agreement on voluntary withdrawal from the group. The society deducts part of the liquidated damages according to the contract. The following examples illustrate the deduction algorithm for liquidated damages: (Article 8. Party A withdraws from the tour. Party A may notify Party B to terminate this contract before the start of the tour, but must bear the necessary expenses Party B has paid for this tour, and pay according to the following standards Liquidated damages:

1. If notified 5 days before the start of the tour, 10% of the balance after deducting the necessary fees paid by Party B shall be paid.

2. If notified 5 days before the start of the tour, If the notice is given 5-3 days before the start of the tour, 20% of the balance after deducting the necessary fees paid by Party B shall be paid.

3. If the notice is given from the 3rd day to the 1st day before the start of the tour, the payment shall be made after deducting the necessary fees paid by Party B. 30% of the balance after paying the necessary fees.

4. If notified one day before the start of the tour, 50% of the balance after deducting the necessary fees paid by Party B shall be paid.

5 .If you notify or fail to participate in the tour at or after the start of the tour, you shall pay 100% of the balance after deducting the necessary fees paid by Party B. The specific amount can be referred to the contract signed with the travel agency before the tour. According to the "Tourism Law". Regulations: If the tourist terminates the contract before the end of the tour, the travel agency shall return the balance after deducting necessary expenses to the tourist.

5. How much is the liquidated damages for cancellation of the tour?

The travel agency. If the contract is terminated within 7 days before departure, all fees shall be refunded to the tourist and liquidated damages shall be paid. For 7 to 4 days before departure, the penalty shall be 10% of the total travel cost; 3 to 1 day before departure, 15%; and on the day of departure. 20%. If the passenger cancels the contract 7 to 4 days before departure, the penalty is 50% of the total travel cost; 3 to 1 day before departure: 60%; 80% on the day of departure.

580 Article 8: If the parties agree on both liquidated damages and a deposit, when one party breaches the contract, the other party may choose to apply the liquidated damages or deposit terms. If the deposit is insufficient to cover the losses caused by one party and the other party breaches the contract, the other party may demand compensation for losses exceeding the amount of the deposit.

6. Liquidated damages for travel cancellation

If one party notifies the other party to terminate the contract before traveling, it shall bear liability for breach of contract in accordance with the following standards

1. The breaching party shall be liable for breach of contract. If the other party is notified 72 hours before departure, 10% of the total travel expenses shall be paid as liquidated damages

2. If the defaulting party notifies the other party 72 hours before departure to 24 hours before departure, the defaulting party shall pay the total travel expenses. 20% as liquidated damages

3. If the breaching party notifies the other party within 24 hours before departure, the breaching party

4. If the above liquidated damages are not enough to compensate the other party. The breaching party shall compensate the non-breaching party according to the actual losses. 5. If the above liability for breach of contract involves the transportation costs of airlines, ships, railways and other public transport service providers, the calculation can be made according to the relevant provisions of the relevant departments. The total amount of liquidated damages or compensation shall not exceed the total amount of travel expenses.

: 7. Regulations on group refunds in travel contracts: 1. It is definitely unreasonable to leave 700 yuan, especially six days in advance. Notify the travel agency to cancel the trip.

2. Expenses incurred: Application for visas in advance, air ticket booking and refund costs, of course, must be borne by you.

3. As for the expenses incurred overseas, such as house, car and ship expenses, they do not need to be deducted.

4. They may say that you have wasted a place and lost your profits, but this is not your responsibility.

5. Let them come up with the legal basis for deducting money and convince you, otherwise they will go to the relevant departments to argue.

6. When paying the money, you must sign a standard travel contract or format contract from the tourism management department.

Please read the contract carefully first. Of course, there are also unreasonable aspects in the contract. If you can't resolve the matter through negotiation, file a complaint.

7. It is recommended that you do not complain to the Consumer Association. It is best to complain to the Tourism Quality Management Section of the local tourism bureau. They will give you a reasonable answer and give you a refund opinion. Don't make it happen if the travel agent doesn't - it usually does. Qualified international travel agencies have a quality guarantee deposit of 1 to 1.6 million yuan from the tourism authorities to handle these disputes. They will first deduct money from the quality deposit and then ask the travel agency to make up for it.

8. However, you must keep evidence that you are really sick and hospitalized to prove that you really can not travel. In particular, you need to prove that you actually gave evidence of withdrawing from the group six days in advance.

9. Brother, this is not easy for travel agencies. Let it go if you can, or discuss whether you can hang out with them later. Don't make too much of a fuss, be sad and hurt.

10. I have been engaged in tourism for many years, and this industry is really not easy! Wish you all the best!

8. Is there a standard for liquidated damages for canceling a tour group?

You can leave the group if it rains, but if it rains and does not affect the normal conditions of the tour, you must bear the actual expenses yourself. Such as refund fees, high-speed rail refund fees and other fees.

Another situation is that if rain affects travel safety, the relevant departments may not send people to visit. In this case, the travel agency will have to cancel the tour. But actual expenses incurred will also be incurred. It depends on how the travel agency handles this situation. Some travel agencies bear the expenses incurred, of course, some travel agencies will not bear this part of the expenses. There are force majeure factors in the travel contract, and the travel agency will not be held responsible. As far as I know, where is Ctrip going? The knowledgeable people at these three travel agencies guarantee this. In this case, a full refund will be given to the guest.

Don’t quit the group easily, because the travel agency has already booked your air tickets, air tickets, hotels, etc. before you set off. Expenses have been incurred. If you cancel the group without reason, you will be responsible for the expenses incurred. If you can't travel, you will lose money in vain, so it is not worth it.

:9. Standards for liquidated damages for cancellations from tour groups

1. What are the specific standards for liquidated damages for cancellations from domestic tour groups?

Liquidated damages are punitive and are not premised on the non-breaching party suffering losses. Generally speaking, the upper limit of liquidated damages in a contract does not exceed 30% of the actual loss. But if it is too high or too low, you can ask the court to reduce or increase it.

Liquidated damages are an estimate of the losses that one party may cause if both parties breach the contract, which may not be completely consistent with the actual losses of the non-breaching party after breach of contract; therefore, this can be decided by the judge. The law stipulates that liquidated damages not only create psychological pressure on the parties, but also avoid the trouble of calculating losses and proving the size of losses after breach of contract, allowing parties to quickly determine their specific liability for breach of contract

Article 5 of the Civil Code Article 185 (Effective January 1, 2021) The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party based on the circumstances of the breach, and may also agree on a method for calculating the amount of compensation for losses caused by the breach of contract.

If the agreed liquidated damages are lower than the losses caused, the People's Court or arbitration institution may increase it at the request of the parties; if the agreed liquidated damages are excessively higher than the losses caused, the People's Court or arbitration institution It can be appropriately reduced according to the request of the parties.

If the parties agree to delay performance of liquidated damages, the defaulting party shall also perform its debts after paying the liquidated damages.

Second, the upper limit of fines

Liquidated damages can be divided into statutory liquidated damages and agreed liquidated damages.

Statutory liquidated damages refer to the applicable circumstances, proportion or amount of liquidated damages that are expressly stipulated in the law;

agreed liquidated damages refer to the applicable circumstances, proportion or amount agreed upon by both parties when signing the contract liquidated damages.

If the contract only stipulates liquidated damages in principle but does not specifically stipulate the proportion or amount of liquidated damages, and the relevant laws do not clearly stipulate the proportion or amount of liquidated damages, the contract can be settled in accordance with the "General Principles of the Civil Law" on breach of contract. Implementation of financial liability provisions.

If there is no liquidated damages clause in the contract, and the law does not stipulate the proportion or amount of liquidated damages, but as long as the other party causes losses to the other party due to breach of contract, the breaching party shall pay compensation to the other party. The amount of compensation should be determined based on the actual losses suffered by the other party. The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party based on the circumstances of the breach of contract, or they may agree on a method for calculating the amount of compensation for losses caused by breach of contract.

There is no prescribed ratio for liquidated damages, as long as both parties accept it. The proportion of liquidated damages depends on the specific content. For example, if the developer delays the delivery of the house, the liquidated damages are 0.2%; if the buyer defaults, the deposit cannot be recovered; if the seller defaults, the deposit will be doubled. Generally speaking, when it comes to developer breach of contract, the compensation ratio is lower. In the judicial interpretation, if one party requests a reduction on the grounds that the agreed liquidated damages are too high, it should be appropriately reduced on the basis that the liquidated damages exceed 30% of the loss caused. This should be an explanation of the excessive liquidated damages in the contract law. rather than the provisions on the proportion of liquidated damages.

When signing a contract, both parties must also perform their obligations stipulated in the contract. If any party breaches the contract, it will not only bear the liability for breach of contract, but also pay a certain amount of liquidated damages. The default amount is determined based on actual losses.

If the amount of liquidated damages is too high, the other party can also request a reduction of liquidated damages through legal channels.

Citizens will also enter into corresponding agreements with others, so in order to ensure that the agreement is legally binding, they will also sign corresponding contracts. At the same time, the rights and obligations of both parties, liability for breach of contract, and other information will be stated in the contract. Failure to perform the obligations stipulated in the contract is also a breach of contract, and the defaulting party must pay a certain amount of liquidated damages if necessary.