" travel mode " the 92nd regulation, tourist and travel operator produce issue, can solve through following way:
(one) both sides talks things over;
(2) complain to consumer society, travel accept an orgnaization to perhaps organize application mediation about mediation;
(3) the arbitral agreement that basis and travel operator reach submits to to arbitrate the orgnaization arbitrates;
(4) to people court to lodge a complaint.
Travel mode sets the 93rd times, consumer society, travel is complained accept orgnaization and concerned mediation organization to be on bilateral and freewill foundation, undertake intercessory to the dispute between tourist and travel operator lawfully.
Why be mediation? Mediation, it is to point to a third party beyond bilateral party, it is a basis with state law, code and policy and social morals, undertake dredge to dispute both sides, persuade, make them forgive each other, undertake negotiation, come to an agreement of one's own accord, solve the activity of dispute. Mediating the biggest feature is his the premise that settles dispute is bilateral and freewill, is not tripartite is compulsive, intercessory result may be both sides reconciles, cannot reconcile likely also. " method of travel complaint handling " the 25th regulation, travel complains mediation to won't do, after perhaps mediating student effect, did not carry out, it is OK to complain a person the regulation according to state law, code, to arbitral orgnaization application arbitrates or to people court to lodge a complaint.
A few kinds of cases that mediate a success hard include commonly:
(one) visa problem. Visa is signed by refus, who bears certificate fee? To this problem the understanding of a lot of tourists is punch-drunk. Leave the country travel visa by the diplomatic and consular missions of each country specific deal with, travel agent is in charge of the requirement according to diplomatic and consular missions to tourist collection hand-in-hand travel sends relevant data the label, whether refus autograph is decided by travel agent by and rather than of decision of each country diplomatic and consular missions, travel agent sends an autograph to want to pay corresponding fee necessarily, although be signed by refus,still produce relevant cost. Cannot understand as a result of a lot of tourists or subjective go up not to want to understand fact of this be related, cause this kind to complain mediate successfully hard.
(2) the agreement is unidentified. The main basis that travel of mediation of orgnaization of travel complaint handling complains is " travel contract " , the problem that complains when the tourist is in " travel contract " in did not agree, travel is complained accept an orgnaization to be able to consult " quality of travel agent service compensates for a standard " . But the appears possibly problem in travel process is all-embracing, " contract " and " compensatory standard " can not enclothe completely, and orgnaization of travel complaint handling is not judicatory or arbitral orgnaization, have no right to consult applicable be like " top people court travels about cognizance statute of dispute case comfortable use the regulation of a certain number of problems " wait for content to make intercessory opinion, so this kind is complained mediate successfully hard.
(3) amount is too large. This main reason depends on orgnaization of travel complaint handling can be being mediated only, and mediation does not have force, when the amount that needs compensation is too large, although travel,the intercessory opinion that complaint handling orgnaization makes is reasonable and lawful, the both sides that is mediated travels especially operator one party does not accept intercessory opinion likely still, and this is law gifts the legal right of travel operator, orgnaization of travel complaint handling has no right to force to its are accepted and carry out intercessory opinion.
(4) proof is not full. This kind of circumstance besides the tourist, actually more appears in travel agent to provide evidence not complete. Incorporate just is in in the tourist be apart from give up league membership raises when date giving a group is closer, travel agent can advocate actually border business loss expends prep above penalty due to breach of contract commonly, this kind of circumstance exists really from constant manage analysis, but travel agent often is not offerred give sufficient evidence, orgnaization of travel complaint handling cannot maintain charge to already arose when doing not have sufficient evidence, can make the opinion that withdraws cost only, and travel agent cannot be accepted apparently, cannot mediate successfully finally.
As according to concept of law manage state affairs ceaseless and thorough popular feeling, travel director branch has realised cannot interfere civil action at will, in the day-to-day management of travel market, market action must return the market and legal itself, exercise must receive specific authorization of law before public right force, and will interfere civil action through public right force is chaos of a kind of administration apparently as, return meeting administration badly to break the law.
But at present some tourists still cannot understand, they often think the action of public right force wants to be more than a judicial department, because this hopes to wait for a method to affect public right force, interference through including media exposure civil relation, with achieving oneself appeal to beg. And because partial media practitioner lacks the legal knowledge of relevant industry, to expand at the same time consequence is mixed sales volume, can adopt normally take the title that guides a gender, often garble again on content.
This kind of behavior not only do not have a help to mediating itself, adverse effect still arrives since the meeting even. The tourist should be clear, mediation just solves one of methods of civil dispute, not be must method, also not be final step. When the way that chooses to pass mediation when you will settle dispute, should take more rational processing kind in this process apparently, just achieve more favorable to oneself result likely.
Examine and verify | Zhao Shuang
Data sources | Tianjin city travel executes the law group
