The service of the travel agency is "shrunk" repeatedly as the defendant
news background - a case of frequent resentment in security accidents by tourists in case one: more than 60 year old Ji'nan citizen Li Da, who decided to travel to the United States last summer with his wife. After investigation, the couple and a foreign travel agency in Ji'nan signed a contract for Chinese citizens to travel outbound tourism, which agreed to a 15 day tour in Hawaii, the east west coast of the United States and Hawaii, and the couple paid 22500 yuan per person to the travel agency. In the course of the trip, Mr. Li, the couple felt that the travel agency did not do their duty, unauthorized cancellation of many scenic spots, the service is also "shrinking", the old two suffered a lot of grievances. After returning home, Li Daye and his wife filed a petition against the travel agency to the people's Court of Lixia District in Ji'nan, demanding compensation from the other party. The Court confirmed that the travel agency cancelled the tour of Santiago crystal church, volcanic eruption, pirate ship and Lombard Street. The seventeenth provisions of the provisions of the Supreme People's Court on the application of laws to the trial of cases of tourist disputes are stipulated. "Tourism operators have violated the contract stipulates, such as changing the travel travel, missing the tourist attractions, reducing the tourism service items and reducing the standard of tourism service, and the tourist requests the tourist operator to pay the compensation." The people's court shall support such reasonable expenses as the agreed travel service items. " Accordingly, the court held that travel agencies should compensate tourists for their missing spots. While visiting Niagara Falls scenic spots, although tickets were confiscated, tourists were individually charged for the tickets. As the travel agency did not explain this in the contract, it should not collect the ship's fees separately. 13 dollars per person should be returned to the plaintiff. In the course of tourism, travel agencies collect tourist fees according to the standard of US $7 per day to pay American drivers and tour guides. After hearing the court found that there were two days in the United States, there was no tour guide service of the US driver, so the two day tip should be returned to tourists for 14 dollars per person. In the end, the court decided that the defendant's travel agency would compensate Mr. Li for the loss of more than 1300 yuan per person. The decision was effective because neither side had appealed during the appeals period. Case two: a travel agency in Rizhao City serves as a travel agency for a one-day tour of a travel agency in Wenshang County. In organizing visitors, the tour guide takes visitors to the seaside. When Lin Lin was swimming in Rizhao beach, he died of drowning in the sea due to lack of knowledge of swimming in the sea. Lin's family will send a Rizhao travel agency to court to request the defendant's travel agency to compensate for the loss. After the trial, the court held that during the tour of tourists, a travel agency in Rizhao did not give passengers the relevant safety knowledge, and did not provide security services, and should be responsible in accordance with the law. Finally, the court decided that a travel agency in Rizhao should bear 25% of the liability and pay 93311.18 yuan to the relatives of the deceased.
the cause of the dispute - the price war must be built on the basis of the quality of service at the expense of
the case of the "shrinking" of the service of the travel agency. According to the judicial statistics of the people's Court of Lixia District, the cases of travel service "shrink" as the defendant account for the majority in the cases of tourism disputes. Some travel agencies play with text games, the contract agreement is not consistent with the actual content, such as reducing the standard of boarding and lodging, reducing scenic spots and compressing the itinerary; sightseeing and touring into shopping tour, using low price meal, low price room, low price car instead of contract standard meal, standard room, standard car, and taking inducement and so on to allow tourists to take part in the self fee project. And shopping activities to gain profit. "Now, the competition of travel agencies is heating up, with only a few profit margins. In order to attract tourists, a large number of travel agencies continue to lower prices, and some even lower than the cost price group, and then induce or force tourists shopping as a means to make profits. The head of a Ji'nan travel agency, who does not want to be named, said the price war in the tourism industry must be built on the basis of sacrificing the quality of service. It is against this background that many travel agency services shrink.
judge's view - to standardize the industry order to ensure that there are many cases of this kind of tourism service dispute, judge Li Lanxia, judge that it is the prerequisite for the healthy development of the tourism industry to standardize the order of the industry and ensure the quality of tourism service. Moreover, tourism often goes to places with many dangerous factors such as mountain, mountain, mountain, river, lake, lake, sea and so on. Once the tourist service is "shrinking", it often affects the safety of the tourists. In recent years, frequent incidents of travel safety incidents have also sounded the alarm for travel agencies. It is understood that, for a long time, there are a lot of misunderstandings in the agreement on liability in the tourism contract. Some tour operators write the main rights and duties very carefully, but desalination of the accompanying obligations consciously or unintentionally, including the obligation of security, the duty of warning, the obligation of salvation, the duty of prudent choice, etc. Tourists are faced with the obligation of rescue operators who are in danger. Even if the tourist team goes to a store to be "cut", the travel agency is also obliged to help the claim. Although these obligations are complementary, if the obligations are not fulfilled, the supplementary obligations will rise to legal obligations and bear the responsibility. Therefore, tour operators should improve service flow, increase service content, expand service concept and expand service mode.
of course, as a mature tourist, there is also a problem of rational consumption and rational rights protection. First, we must sign the contract and choose the main body, that is, choosing a good travel agency is the key. Secondly, we should select the object, that is, the tourist destination and itinerary. Once again, there is a sense of equal rights and obligations. If the tourist operators have done their duty, the tourists are responsible for their own reasons.