What influence does the tourism law have on the development of tourism?

Case analysis of tourism laws and regulations (1) l An international travel agency in Beijing organized an outbound tour-Thailand, Hong Kong and Macao 14 day tour, and 16 people signed up. Because this travel agency was in a hurry and didn't choose to pick up the agency, I just found a travel agency in Hong Kong. Due to the poor organization of the land agency, there is no local escort in Thailand, and many scenic spots cannot be visited. After Zhang returned to Beijing, he went to this travel agency in Beijing to make a claim. The agency argued that it was not our responsibility. Zhang complained to the Tourism Quality Supervision Bureau and found that the quality guarantee paid by the travel agency was only 600,000 yuan. L Excuse me: Is the travel agency's excuse correct? L if the travel agency is unable to compensate, is the quality deposit applicable? (2) In order to do a good job in the summer vacation, a travel agency organized a trip to a newly developed island in Shandong. Organizationally, in order to ensure a certain profit, it is convenient for other local travel agencies to negotiate a unified price, which is much higher than the cost price. After that, more than 30 people were organized. This scenic spot must have beautiful scenery and make people linger. Many tourists are very interested in taking pictures. Two of them climbed a strange and steep mountain, and as a result, they fell unsteadily, causing fractures. When they got home, they went to the travel agency to claim compensation. The travel agency argued: "This is the reason why the tour guide didn't remind them, and it has nothing to do with our agency. After investigation, the tour guide did not remind them, so they asked them to claim compensation from the tour guide. The two went to the Quality Supervision Bureau to complain. L 1。 Is the deposit applicable? L 2。 What are the violations of the travel agency? L 3。 Is the tour guide illegal? (3) Beijing l A Travel Agency organizes tourists to go out for a two-day trip to Xingcheng at a price of 198 yuan/person. Among them, Li signed up three people. The contract was well written, but when I got on the bus, I found that the "luxury air-conditioned car" listed in the contract became a Beijing bus (ordinary passenger). When I arrived in the local area, I found that the accommodation was changed from "three-star double standard" to "two-star four-room" and it was a public toilet. When traveling, the tour guide Ma said, "The three scenic spots of ABC arranged by the travel agency are not fun. Xingcheng has just developed a D scenic spot, which is more fun. Suggest going. The tourists were so excited that everyone went. At this time, the tour guide also said that in order to commemorate the development of D scenic spot, a set of stamps was introduced at the price of 60 yuan, but as long as 45 yuan can buy them from her. Tourists are very annoying, and accommodation, play and travel are not good. After returning to Beijing, they asked the travel agency to compensate half of the travel expenses (99 yuan). The travel agency explained: "Xingcheng is a newly developed city, and many supporting facilities are not perfect. Because it is the peak season, Samsung cannot book a room, so it can only book two stars. The replacement of luxury air-conditioned cars with ordinary passengers is the cause of the transportation company, and we should claim compensation from the transportation company. The room rate is 80 yuan, and our agency can refund the room rate difference of 40 yuan. Excuse me: l 1. Is the organization's excuse reasonable? Why? And what expenses should be compensated, and is quality assurance applicable? L 2。 What is the horse's violation? What should I do? L 3。 If the tour guide refuses to accept the review, does he have the right to file reconsideration and litigation? L 4。 When the tour guide put forward reconsideration, Ma said that the tour guide has the right to adjust or change the reception plan during the tourism activities, and the administrative department has no right to punish it. As for selling goods without permission, she admitted the punishment. Is Ma's defense correct? (4) Li, a third-year student majoring in Korean in a foreign language university, has always been very yearning for the tour guide industry, from freshman to junior, but he has not succeeded. I went to an international travel agency for an internship in the summer vacation and wanted to accumulate some practical experience for the next exam. The business of this international travel agency is very busy, and Li was once entrusted as a tour guide. But unfortunately, Li was first seized by the administrative law enforcement department. L 1。 What are his violations? What should the administrative law enforcement departments do? L 2。 Li was dissatisfied and consciously worked for a travel agency. Does the travel agency have the right to hire? L 3。 If Li's tour group is replaced by a Korean guest, can the travel agency hire him? (5) A tour guide from a travel agency in Shanghai took a tour group to Kunming. This group is a difficult teacher group of 26 people. I got on the bus in Shanghai and suddenly found that there were many children. According to the regulations, the tour guide immediately reports to the travel agency. The travel agency replied: "No, if you join the group, the children will have to pay, and the parents will pay separately. "It's agreed that the original price is 3,200 yuan/person and the child is 2,000 yuan/person." When the delegation arrived at the Kunming World Expo Park, the tour guide suggested that because the ticket price of the Expo Park was not included in 2000 yuan, each of the four children in 50 yuan would pay half of the ticket price. The teachers disagreed and thought that the tour guide was suspected of cheating, which annoyed the tour guide. One of the teachers called 1 10 to call the police. Then the local escort will show others around first, and the whole escort will be taken to the police station to make a record. The whole escort became more and more angry, so he called the travel agency and asked to leave the group. Learn to agree. The four teachers thought that the tour guide service was stopped during the whole journey, and they went to the Quality Supervision Bureau to complain after returning to Shanghai. Does the tour guide behavior belong to the termination of the tour guide contract? (6) l Xu, a tour guide of a travel agency in Yangzhou, was invited to provide tour guide service for his friend's unit on May 1 day. When I was a tour guide in Zhejiang, I was caught by local law enforcement officers and decided to punish him. The reason is that tour guides must be appointed by travel agencies to carry out tour guide activities, and tour guides may not directly undertake tour guide business privately or in other ways. L 1。 Does Xu refuse to accept the right to file a reconsideration? L 2。 Does Xu's behavior belong to privately contracting tour guide business? If so, how to punish? (7) l A tour guide brought a Hui tour group. In the course of traveling, tour guides don't understand tourists' suggestions on worshipping and other people's valleys, and often speak some languages that don't respect Hui folk customs. Therefore, the delegation is prepared to complain to the Tourism Bureau. After the tour guide learned about it, he insulted the tourists and insulted each other's personal dignity. L 1。 What are the violations of the tour guide? L 2。 How to deal with tour guides' violations? (8) A travel agency in Suzhou took a tour group to Changbai Mountain. This is late summer and early autumn. Before climbing the mountain the next day, the tourists asked Qian if he wanted to put on more clothes. Qian replied that there is no need to go into battle lightly. The group really climbed to the top smoothly. The next day, the temperature dropped and three tourists were frostbitten. One of them had severe frostbite on his nose and asked the tour guide to deal with it. The tour guide said that this was caused by the three of you not keeping warm properly. Deal with it yourself. After the three returned to Suzhou, they claimed compensation from the travel agency. The travel agency does not admit the responsibility, and should find a tour guide to bear it. L 1。 Can the travel agency not take responsibility? L 2, the travel agency found this excuse bad and gave birth to another plan, saying that the weather in Changbai Mountain is force majeure and has nothing to do with the agent. Is it? L 3。 Seeing that the claim is hopeless, tourists ask the Quality Supervision Bureau for quality margin compensation. Is it applicable? L is it travel liability insurance? L tourists are still unconvinced and demand that the tour guide be punished. What are the violations of the tour guide? How to punish? (9) L Shanghai Railway Bureau organizes old employees to go to Huangshan for recuperation. Ma is 72 years old. Because of the rare opportunity, he took his little grandson with him. I went by bus at night. By the time I arrived, the horse had died in the carriage, and my family filed a claim with the travel agency. L 1。 Is the quality guarantee applicable? English: After investigation, the old man died of a heart attack due to fatigue at 0: 20. Is travel liability insurance applicable? (10) l A tour group traveled abroad, and Zhang lost his mobile phone while shopping. Is it covered by the warranty? If the tour guide and travel agency don't remind them, does it belong to? (1 1) l 1997 Wang, a tour guide of an international travel agency, was tried by the people's court for the crime of negligent injury, and was sentenced to be exempted from criminal punishment because of his minor behavior. 1998 because the tour guide coerced tourists to spend money during the tour, the tour guide's tour guide card was revoked by the tourism administrative department according to law. In 2005, Wang took the tour guide qualification examination and passed the examination, and obtained the tour guide qualification certificate. However, when applying to the tourism administration department for a tour guide card, it was rejected by the tourism administration department. Wang refused to accept this specific behavior of the tourism administrative department and applied for reconsideration to the tourism administrative department at the next higher level according to law. Please use your legal knowledge to answer the following questions: l (1) Wang Can refused to issue him a tourist guide card and applied for reconsideration to the previous level tourism bureau? What is its legal basis? L (2) Is it correct for the tourism administration to refuse to issue a tourist guide card to Wang? What is its legal basis? In June 2006, the tour guide Xu was appointed by an international travel agency as a tour guide for a French tour group in China. In the process of sightseeing. Seeing that the camera carried by a tourist was small and exquisite and fully functional, Xu found that the price of the camera in France was cheaper than that in China, so he discussed with the tourists and bought the camera. Later, it was punished by the tourism administration department. Please use your legal knowledge to answer the following questions: l (1) Xu Can, a tour guide, buys goods from foreign tourists? Why? L (2) What laws and regulations does the tourism administration punish Xu? What are the specific rules? (13) l Tourists make reservations at travel agencies, stay in 200 yuan and pay the fees 10 yuan. At this time, the tourists checked in and found that the hotel's external quotation was 180 yuan. What principle was violated? A travel agency in Jae-Il Lee signed up for a five-day tour in Hainan. He was named in the newspaper on March 2, 2005 and will leave on April 2, 2005. At this time, the travel expenses are 1680 yuan/person, of which the air ticket is 1 100 yuan. However, on March 20, the state adjusted the air ticket price, and the air ticket discount should not be too low. So the air ticket changed from 1 100 yuan to 1320 yuan, which was more than 220 yuan. L 1, travel agencies travel as scheduled, who will bear the extra 220 yuan? L 2。 It was supposed to leave on April 2, but on April 2, because there were not enough people in the group, I informed Li on April 1 that I wanted to withdraw this business because there were not enough people in the group. At this time, Li has paid all the expenses 1680 yuan. Does the travel agency only need to return 1680 yuan at this time? Can this item be properly kept? L 3。 After consultation, they agreed to travel on April 20. Is this a change of contract or a transfer of contract? L 4, the weather is unpredictable, April 10, due to the state's management of air ticket prices, it was adjusted. If the air ticket goes up, who will bear the extra cost of the air ticket at this time? L 2 If the air ticket price drops, 8 10 yuan will be enough. Who will refund the extra air ticket fee? L 5。 If the travel agency does not adjust at this time, but Li proposes to travel on April 20, then the country will adjust the ticket price. If the plane ticket is on, who will bear the extra expenses? L if the ticket price drops, who should be refunded the extra fee? L 6。 If the non-government adjusts the price at this time, but because of the peak season and the rising oil price, the airlines adjust the air ticket fees, which leads to the increase in air ticket prices in 220 yuan. Who will bear the extra expenses? A travel agency in Jae-Il Lee signed up for a five-day tour in Hainan. He was named in the newspaper on March 2, 2005 and will leave on April 2, 2005. Cost 1680 yuan/person. L 1, Li paid 600 yuan first, and the receipt indicated "down payment", but Li was busy on April 2. Li Can asked for a refund of the deposit at this time? L 2。 The travel agency learned its lesson and only accepted 300 yuan. The receipt says "deposit". Li has no time to go. Can he get 300 yuan back? L 3。 If the travel agency only accepted 300 yuan and marked "down payment" on the receipt, it will inform Li on April 1 day, because he was the only one who signed up, so he can't make the trip, and now he will return it to 300 yuan and pay 10% of the down payment as liquidated damages. May I? L 4。 If I pay the deposit in 300 yuan, but Li says he can't go, can I ask for a refund? L 5。 If Li pays 300 yuan in advance, the receipt only says "Li received 300 yuan today". If Li can't come later, can I return it? (16) l A 30-member Shenzhen tour group plans to travel to Beijing from 2. 10 to 2. 14, visit the Great Wall on 2. 10, and visit the Forbidden City on 2.10. After arriving in Beijing, the tour guide said that the route was unreasonable and the most beautiful tour should be put at the end, so the scenic spots on 10 and 14 were changed. On June 5438+03, it snowed heavily in Beijing, making it impossible to visit the Great Wall. L 1, tourists go to complain and demand punishment for tour guides, ok? L 2。 If tourists complain that travel agencies should pay more for the quality of service and make compensation, can they? L 3。 If the travel agency is unable to compensate, can it apply for a quality deposit? How to compensate? (17) A travel agency in Shanghai organized some staff from the Industrial and Commercial Bureau to recuperate in Kunming. It turns out that the accommodation is a Samsung double standard, and the tour guide described it very well before check-in. However, when checking in, tourists found that the rooms were a little broken, there was no hot water, some rooms had no sewers, and some air conditioners could not be used. The Trade and Industry Bureau headed by Yin 12 people negotiated with the tour guide. Yin said, "We can't stay long, so go home. We don't need you. " So I took my peers to another four-star hotel. Is it okay for Yin to do this? (18) l Zhao and others signed up for Xinmatai tourism in the first salesroom of Suzhou A International Travel Service. At that time, it was agreed that 6500 yuan/person would pay in April 1 and travel on May 8. By May 6th, the salesroom was empty. So Zhao and others went to the international travel agency A, but country A said, "The sales department has contracted, and they don't take responsibility, let alone the right to travel abroad. This is a violation of the store." L 1。 Is the 3000 yuan paid a deposit or an advance payment? L 2。 Is the contract signed by Zhao and others with the sales department valid? L 3, Zhao and other three people can ask A to make compensation and return 3,000 yuan? (XIX) Horse 16 people participated in the tour from Beijing to Kundali. Originally, it was planned that the middle traffic was soft sleeper, but in Dali, the reserved soft sleeper stopped because of the collapse of the road section, so passengers could not. So the travel agency urgently called Puke to return, but the guests refused to take it, so the plane in Kunming could not catch up. L 1, can tourists ask the travel agency to take responsibility? L 2。 Is it reasonable to have 16 people in the horse? Who will bear the extra cost of 600 yuan? (20) In 20)l 2006, a domestic travel agency in Beijing organized and received a team of 34 people from other places. In the process of tourism, the high is the low companion. In order to save time, the unplanned tourism items are increased and the two planned scenic spots are reduced privately. He repeatedly told the guests that it was not easy for everyone to come to Beijing once. Now that we are here, we should pay more attention to the scenic spots. On the basis of obtaining the consent of most guests and charging more 50 yuan for each guest, we added four more scenic spots (including two scenic spots deducted from the plan). During the team activities, Gao also sold 8 sets of commemorative stamp albums to the guests. Due to the hot weather in summer and the teaching by the elderly in the team, many guests feel that the visit time of the planned scenic spots is too little and too hasty, and they are dissatisfied with the behavior of high-priced scenic spots. After the tour, the group guests collectively signed a complaint to the cause management department. And demanded that the tour guide be punished. Please explain according to relevant laws and regulations. L (1) Guide Gao's behavior violated these regulations. L (2) What penalties should be given to tour guides and designated travel agencies? (2 1) L Zhang signed up for the tour guide qualification examination, and contacted a travel agency without obtaining the tour guide qualification certificate, hoping to participate in the tour guide internship of the travel agency. In September this year, during the tourist season, the travel agency hired Zhang as a tour guide because of the shortage of tour guides, which was seized by the tourism administrative department and fined him for failing to pass the tour guide qualification examination to engage in tour guide activities. Zhang refused to accept the punishment and thought that he was not engaged in tour guide activities without authorization, but was hired by a travel agency to engage in tour guide work. The tourism administrative department shall apply for reconsideration to the tourism administrative department at the next higher level for improper punishment. L Excuse me: Does l (1) Zhang's viewpoint hold water? Why? L (2) Can a travel agency hire Zhang as a tour guide? Why?