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Supreme Overlord halt the terms of the Yunnan Tourism standardized service high
Today (November 1), the Supreme Court issued "to hear disputes tourism provisions of law applicable to a number of issues," the judicial interpretation, Yunnan counsel, the hearing provided the correct travel disputes, legal protection when Matter of great significance to the legitimate rights and interests, but also the tourism industry, high quality, standardized services and set higher requirements. Today, the Supreme Court's "to hear disputes tourism provisions of law applicable to a number of issues," the official purposes of judicial interpretation, is a tourism province of Yunnan, the introduction of judicial interpretation in terms of significance in Yunnan, Southwest Forestry University, Associate Professor, Director of Yunnan Lingyun Li Chunguang law firm lawyers, the new regulations in the individual's right of appeal involving tourists, tourists stands for "King terms" the provisions of protection for personal information of consumers Reviews . Highlights: Overlord provision will be deemed invalid Interpretation: the so-called terms of the King, mainly refers to the number of operators to evade legal obligations unilaterally established, reduction of inequality in their own format of the contract responsibility. Some of the tourist service enterprises in the tourism all set in the contract unfair Level terms of the King, both serious harm to the legitimate rights and interests of tourists, but also with the mature consumer market in China out of tune. Under which tourism operators to form contracts, notices, statements, notices, etc. as tourists unfair and unreasonable requirements, or reduce or waive the responsibility of damage to the legitimate rights of tourists, tourists please King seeking similar provisions found invalid, the people's court should be supported. Provisions: Article Tourism operators to form contracts, notices, statements, notices, etc. to the tourists unfair and unreasonable requirements, or reduce or waive the responsibility of damage to legitimate rights and interests of tourists, tourists request is based on the Consumer Protection Law and the provisions of Article Four of the content found invalid, the people's court should be supported. Highlights: Tourists will be compensated by reducing the quality of service Interpretation: Quality is the life, only to protect and enhance the quality of tourism services in order to promote the tourism industry of scientific development. As tour operators, to enhance the quality awareness and social responsibility, effective implementation of the contract Service obligations, or they will bear the corresponding liability according to law. Under the provisions of any unauthorized alterations to the tour operators tours, missing tourist attractions, reduce travel services, reduce tourism service standards and other acts, tourists can request compensation for tourism operators agreed not to complete journey Reasonable expenses such as travel services; if tourism operators to provide services fraud, and tourists can also request compensation for their losses double. Provision: Article XVII breach of contract, tour operators, travel itinerary with unauthorized changes, omissions, tourist attractions, reduce travel services, reduce the standard of tourism services and other acts, tourists request compensation for tourism operators Not complete agreement reasonable expenses such as travel services, the people's court should be supported. Tourism operators to provide services fraud, tourists request compensation for tourism operators double the loss suffered by the people's court should be supported. Highlights: tourists to be inappropriate may request the return of fee increases Interpretation: Many tour operators name of the so-called "zero fare" banner to attract business, but actually only enough tourists to pay the cost of room and board costs, if not on the road shopping and to participate in "swim at their own expense," Meet the group's Travel operators are bound to face a loss, so once the other tourists refused to pay for shopping or to participate in the project cost increase is likely to be even "abandoned." This cut-throat competition not only harms the tourism market, but also directly against the To consumer freedom and choice. Under which operators of tourist travel arrangements for refusing to shopping activities or projects to be paid separately increase the cost, you can ask tour operators to be returned. Meanwhile, as tour operators, nor shall Provide the same services in the same tour, as tourists age, occupation and other differences in fee increases. Provisions: Article Three tourists asked to return the cost of tourism operators, the people's court shall support: (A) for refusing to tour operators who arrange shopping activities or otherwise pay for the cost of the project is increase; (B) in the same tour, the tour operators provide the same services, as tourists age, occupation and other differences, the cost increase. Highlights: consent shall not be transferred without the tourist group Interpretation: At present, the trip "transfer mission" disputes have become increasingly prominent. Many travel agencies often use "transfer mission" approach to their contract transferred to other travel agencies travelers, from another travel agency to provide services to tourists to Lower their operating cost of the services, but the contract determines the relative attributes of contractual obligations are not free to transfer, tourist operators and the consensus is not "changing group" shall bear the corresponding legal responsibility. According to the interpretation of the provisions, if the tour operators tourism business will be transferred to other tour operators, tourists do not agree to the transfer, you can request to lift travel contract, breach of contract held responsible tour operators. The tour operators arbitrarily Since the sale of its travel business to other tour operators, tourists have suffered damage in the tourism process, you can request with the signing of the contract travel tour operators and to provide travel services tour operators bear the joint responsibility Office. Provisions: Article tourism tour operators will be transferred to other tour operators, tourists do not agree to the transfer, the request to lift travel contract, breach of contract held tour operators, the people's court should be supported. Tour operators tourism business without their transfer to other tour operators, tourists have suffered damage in the tourism process, the request with the signing of the contract travel tour operators and to provide travel services tour operator commitments Bear joint and several liability, the people's court should be supported. Highlights: damages for their own activities, there are new regulations being Interpretation: National Tourism Administration, the State Administration for Industry recently issued a new version of "team outbound travel contract" and "mainland residents to Taiwan Tourism Contract" are the model text provides that: "In their own arrangements during the event Should be able to control risk in their chosen activities within the scope of, and responsible for their own safety, "but the effectiveness of the content will have flaws. According to the regulations, if the tour operator fails to fulfill obligations of the necessary tips, rescue obligations, then the tourists suffered during the event in their own arrangements for personal injury, property loss, the tourists take the appropriate requests for tourism operators Responsibility, the "self-arranged during the event," both arranged by tour operators in the free tours during the event independently, tourists do not participate in the activities of tours and tourists during the tour by the tour guides or consent During the temporary leave of absence for personal activities. However, if the tourists in the tourist guides or tour itinerary without permission from the team suffered intentional personal injury, property damage, it can not ask the tour operator for compensation. Provisions: freedom of tourists during the event suffered in their own arrangements for personal injury, property damage, tour operator fails to fulfill the necessary obligations tips, rescue obligations, tourists request tourism operators held accountable for The people's court should be supported. Their own arrangements under the preceding paragraph during the event, including tour operators arranged independently in the free tours during the event, tourists do not participate in the tour itinerary and tourists during the event The guide or leader agreed to a temporary leave of such individuals during the event. Diershitiao tourists in the tourist guides or tour itinerary without permission, deliberately out of the team, suffered personal injury, property damage, request compensation for the loss of tourism operators, the people's court shall not support.
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