New Judicial Interpretation Of Tourism Disputes

In November 1st, the Supreme People's court

"Tourism disputes involve contract law, tort liability act,

In five cases, tourists can be compensated.

The regulations stipulate that the tour operators and the auxiliary travel service providers fail to fulfill their obligations of safety and security. If they fail to fulfill the obligation of notification or warning for the tourism projects that may endanger the safety of the tourists and their personal property, or tourists may cause personal injury or property loss due to the actions of the third party, the tourist can lodge a claim against the three party separately, and the people's court shall support it.

In real tourism, this is often the case, tourism operators pfer business to other peers, tourists have a greater opinion.

It is clear that tourists can refuse the pfer behavior of tour operators, ask for the lifting of travel contracts and accountability of tour operators for breach of contract.

If a tour operator entrusts part of the tour business to other tour operators or allows others to hang on to his or her own name to engage in tourism business, the tour operator shall bear or jointly assume liability for compensation if the trustee fails to fulfill his obligations and causes damage to the tourist.

In tourism, tourists often suffer personal and property damage when they travel on their own.

At present, tour operators have products that only provide pportation, accommodation and other services, while tourists arrange tours on their own, commonly known as "free travel". Tourists may also face personal and property damage.

In case of the above circumstances, it is stipulated that if a tour operator fails to fulfill the necessary obligation of presentation, obligation of relief, or the service provided is not in conformity with the contract, he shall bear the corresponding responsibility.

The regulations also show that compensation for damage or loss of luggage items that are hosted by tour operators or tour assisting service providers for tourists.

Once a tour operator offers fraud, he will compensate the tourist twice.

The reporter noted that even the problem of "advance" of personal information protection of tourists is related to the regulations, and the operators of tourism or the tour assistant service should be responsible for information disclosure or without the consent of tourists.

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Tourists can get a refund for five factors.

Refund, which is a sad word for tourists.

Under what circumstances can a refund be made or how much should be refunded?

Under normal circumstances, tourists can hardly get a refund, no matter what the reason is, so let alone a full refund.

Today, regulations provide a clear explanation of the refund.

Due to delays in pport such as aircraft and trains, the travel contract can not travel according to the agreement. It is clear that in such a case, the tour operator should refund the actual cost of the tour unless the contract stipulates otherwise.

It is also necessary to refund the cost which has not yet been incurred in real terms: due to the defects of travel documents caused by the fault of tour operators, the trip will be affected.

After the signing of the travel contract, what do tourists do not want to take part in the tour? It is stipulated that the tourists should be pferred to the third party in the contract. If the travel expenses are reduced after the pfer, the regulations also require the tour operators to refund some of the reduced expenses.

Even in the process of tourism, tourists suddenly want to unilaterally terminate the contract. The regulations also require tour operators to refund the cost that has not actually happened.

Of course, if the tour operator should increase the cost of tourists at different ages and occupations, and arrange for shopping activities or additional pay items to be added to the cost of tourists' refusal, tourists also have the right to claim the refund.

Individual travel can be instituted.

In addition to protecting the personal information and making sure that the terms of the overlord clause are invalid, there is another bright spot, that is, the individual's litigation rights are clearly defined.

The regulations stipulate that in the form of unit, family and other collective forms, a tourist contract is concluded with a tour operator, and disputes arise in the course of performance. In addition to the collective prosecution in the name of one party of the contract, the people's court shall accept the case that the tourist brings up a dispute over the travel contract.

This means that 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 a lawsuit.

Du Wanhua explained that 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.