The Provisions Of The Supreme People'S Court On Several Issues Concerning The Application Of Law To Trial Of Tourist Disputes Are Formally Implemented Today.

Sun Jungong, a spokesman for the Supreme Court, said that with the vigorous development of tourism, the number of tourists has increased year by year, and the number of tourist disputes has increased year by year.

The people's court is also faced with the difficulty of applying the law and unifying the law enforcement.

The compensation for damages in travel contracts is across the two major areas of tort law and contract law, and involves numerous administrative regulations and departmental rules.

Although there are many laws and regulations, the contract law does not specify the tourism contract, and there is a blank in judicial interpretation.

With the enhancement of tourists' awareness of safeguarding their rights and interests, there are more and more social disputes with high social sensitivity and unclear legal basis.

In September 13th this year, the 1496th session of the Supreme Court Judicial Committee adopted the provisions of the Supreme People's Court on Several Issues concerning the application of law to the cases of tourist disputes (hereinafter referred to as the "Regulations"), which shall come into force on November 1, 2010.

The -26 provision covers four aspects.

First, we should reasonably define the scope of accepting cases in tourism disputes.

The judicial interpretation of tourism disputes includes contractual disputes and infringement disputes arising from tourism between tourists and tour operators and tourism auxiliary service providers.

The purpose of formulating the judicial interpretation is to solve the problem of who will bear the responsibility and bear the responsibility when the tourists' rights and interests are violated in the process of tourism.

Tourist disputes between tourist attractions and tourists can be handled according to the judicial interpretation.

The two is to clarify the individual's litigation rights of tourists.

In collective travel, a person who has signed a contract without signing a contract may also lodge a contract complaint unless he has the right to initiate an action.

In the process of collective tourism, the conclusion of tourism contracts is often the representatives elected by collectives instead of each traveler signing contracts with tour operators alone.

In this case, if the contract holder is only allowed to initiate a lawsuit, the right of the traveler can not be guaranteed when the unsigned traveler is injured and the contract signer is lazy to sue.

Therefore, it is clear that tourists have the right to sue in their own name, which is of great significance for safeguarding the legitimate rights and interests of the litigants.

The three is to safeguard the legitimate rights and interests of tourists in all aspects.

The regulations comprehensively regulate the legal relationship of tourism and define the scope of protection for tourists' legitimate rights and interests.

As for the safety of tourists and the safety of travellers' luggage, documents and passports, judicial interpretations are made.

The judicial interpretation clarifies the right of tourists to claim that the overlord clause is invalid, and at the same time, clarifies the right of tourists to claim compensation for the difference fees charged by tour operators, and for the first time, in the civil judicial interpretation, it protects the protection of consumers' personal information.

Judicial interpretations also provide relevant provisions for the consequences and responsibilities of tour operators such as pfer and affiliation.

Four, we should reasonably define the responsibilities of tour operators.

Supporting and promoting the healthy development of tourism is one of the keystones in formulating this judicial interpretation.

The judicial interpretation does not emphasize unilaterally the maintenance of the interests of tourists, and expands the responsibilities of tour operators without limit. Instead, it safeguards the rights and interests of tourism operators reasonably by defining the force majeure, the period of free activities and the responsibilities and responsibilities of tour operators in the course of free travel.

- tourists' personal information is protected.

The ninth provision of the Regulations stipulates that the people's court shall support the tour operators and tour assisting service providers who disclose personal information of tourists or do not agree to disclose their personal information without tourists.

- the tyrant clause will be bound

The sixth provision of the regulations clearly states that the tour operators make unfair or unreasonable provisions for tourists in terms of form contracts, notices, statements and notices, or reduce or exempt their responsibilities from damaging the legitimate rights and interests of tourists. Tourists request that the contents be invalid in accordance with the twenty-fourth provision of the consumer rights protection law, and the people's court shall support them.

- a clear responsibility for tourists carrying luggage loss

The twenty-second provision of the regulation states that the people's court should support the loss or damage of baggage items that tourists or tour auxiliary services take care of for tourists. The people's courts should support them. Except for the following cases: (1) the loss is caused by tourists' failure to listen to advance statements or tips from tour operators or tour assistances, not carrying cash, valuable securities or valuables from them; (two) losses are caused by force majeure and accidents; (three) losses are caused by tourists' faults; (four) losses are caused by natural attributes of articles.

- tour operators should not increase their fees due to differences in age and occupation of tourists.

The twenty-third provision of the regulation clearly points out that the tourist court requires the tour operators to return the following fees: the people's court shall support: (1) the cost of increasing the income of the shopping activities or the items that are paid separately by refusing tour operators; and (two) in the same tour, the tour operators provide the same services and increase the fees due to the differences in age and occupation of tourists.

- free line operators should assume controllable risk liability.

The twenty-fifth provision of the regulation states that the tour operators should design in advance and provide one or more services, such as pportation, accommodation, sightseeing and so on, at the fixed price. They do not provide tour guides and tour leader services. The tour operators' services provided by tour operators are not in conformity with the contractual stipulations, and infringe upon the legitimate rights and interests of tourists.

If the tourists' rights and interests are infringed in the self arranged tour activities, the people's court shall not support the request that the tour operators and the tour assistant service shall bear the responsibility.