"Feng Chun does not swim happy, but fearing is crazy person. " everythings on earth grows, numerous flower blooms, as " 51 " the drawing near of holiday, little trip length a holiday was carried program. Face imminent travel summit, the tourist is in and form a delegation what to when travel agent signs a contract, need to notice? Confront travel issue visitor this how does thought for the time being?
One, how does main body of responsibility of dispute of travel service contract decide?
There is tourist in serving contract dispute in view of travel, form a delegation a variety of relations such as the tripartite that travel agent, ground receives company, journey to assist support of the people to send tourist to damage, cannot affirm when tourist oneself travel serves principal part of contract dispute responsibility when, all can form a delegation what sign a contract at first with tourist travel agent serves as the accused, ask its assume corresponding responsibility; Form a delegation after travel agent assumes corresponding responsibility, can accept company, trip to the ground that sends tourist to damage directly auxiliary person or other tripartite chases after countervail. But because the reason of public traffic operator causes tourist person,damage, belongings losing, assume liability to pay compensation lawfully by public traffic operator, form a delegation travel agent ought to assist tourist to claim for compensation of public traffic operator.
2, travel issue should to where to lodge a complaint?
Travel serves contract dispute to attribute contract dispute, should applicable " code of civil law of People's Republic of China " the 23rd, can fulfill to lodge a complaint of ground people court to ground of the accused abode or contract. Next, if tort action is involved in travel issue, should applicable " code of civil law of People's Republic of China " the 28th, can to to lodge a complaint of ground of the accused abode or court of people of tort behavior ground.
Accordingly, when producing travel issue, party is OK to travel contract (sale) fulfill sign the ground, cause tourist to damage the land, form a delegation the layer of foundation of company dwelling place of travel agent people court to lodge a complaint.
3, when tourist and travel operator produce issue, what does dimension authority way have?
01
Complain to consumer society, travel accept an orgnaization to perhaps organize application mediation about mediation; (government of people of prefectural class above ought to be appointed or establish unified travel to complain accept an orgnaization, accept an orgnaization to receive complain, ought to undertake the branch is handled in time handle or be handovered concerned, inform complainant) .
02
The arbitral agreement that basis and travel operator reach submits to to arbitrate the orgnaization adjudicates on;
03
To have jurisdictional people court to lodge a complaint.
4, it is very important to save evidence!
Travel agent collects fees the necessary evidence that the consumptive proof such as bill shopping in road of entrance ticket of bill, tourist attraction, travel is consumptive dimension authority, consumer should appropriate has kept. Change the cost that project place produces to do sth without authorization of travel agent midway especially, should ask for bill more, when so that be,producing issue, complain inform against, to lodge a complaint provides evidence.
5, can ask to form a delegation travel agent assumes a few kinds of posture with common responsibility
01 nonperformance obligation or fulfill obligation not to accord with an agreement
Travel agent nonperformance wraps obligation of valence travel contract to perhaps fulfill contract obligation not to accord with an agreement, ought to assume lawfully continue to fulfill, take remedial action perhaps compensates for the responsibility of breach of contract such as the loss; Cause tourist person to damage, belongings losing, ought to assume liability to pay compensation lawfully.
Travel agent is had fulfil a requirement, classics tourist asks still repudiate contract, cause tourist person to damage, stay in those who wait for serious consequence, tourist still can ask travel agent pays travel expenses one times above 3 times the following compensation.
But travel agent fulfilled majority obligation by contract agreement, the tourist also enjoyed each service that travel agent provides, cannot ask because of the change of individual tourist attraction travel agent compensates for total travel expenses.
Spring warm
The flower leaves
02 did not use up obligation of safe clew, deliverance
During tourist proper motion orchestrates an activity, travel agent did not use up obligation of safe clew, deliverance, ought to damage to the person of tourist, belongings loss assumes corresponding responsibility.
Accordingly, in travel service contract, "Notice to had kept please oneself property, if property is lost, travel agent does not assume responsibility. " wait for similar provision to be returned to be clause of Xiang Yu the Conqueror.
03 accept the fault after entrusting to cause damage
Travel agent accepts the commission of tourist, for its era orders traffic, accommodation, meal, visit, the travel such as recreation serves, collection does sth for sb of charge, ought to handle personally commend work. Because the fault of travel agent gives tourist to cause losing, travel agent ought to assume liability to pay compensation.
04 numbers do not remove into the group contract
Travel agent is catchpenny tourist organized tour, because did not achieve those who agree the number cannot give a group, form a delegation the company can remove contract. But, churchyard travel ought to shift to an earlier date 7 days to inform tourist at least, leave the country travel ought to inform tourist 30 days ahead of schedule at least.
Because travel agent forms a delegation,the cancels consequently formerly group with insufficient number plans, belong to travel agent break a contact, accordingly unless tourist agrees with change the date, change a line, otherwise, travel agent divides group of sum go back outside the paragraph, still ought to undertake corresponding responsibility of breach of contract.
Feng Chun does not swim happy
But fearing is crazy person
Be over
