As the first small long holiday after the downgrade of the new crown, after "Yangkang", some people rushed home to celebrate the Spring Festival, and some chose to seize the small long holiday of the Spring Festival to travel, looking for the long-lost "poetry and distance".
How should people deal with and protect their legitimate rights and interests for various problems that may arise during the peak travel period?
Recently, Zhang Qian of the Nanmofang Tribunal of the People's Court of Chaoyang District, Beijing issued risk reminders to passengers through the Beijing News.
How should travelers protect their rights if the travel agency changes the itinerary without authorization?
In case A, during the Spring Festival, Xiao Wang carefully selected a "Suzhou-Hangzhou" hot travel itinerary, intending to take his parents there for fun, and ordered the above-mentioned travel products through a travel agency, and the two parties clarified the itinerary and specific attractions agreement.
During the trip, the travel agency failed to book the tickets for the famous garden A in Suzhou because the contract was too popular. Later, the travel agency changed the garden A in the itinerary to garden B without authorization, and the experience of Xiao Wang’s family was greatly reduced.
Afterwards, Xiao Wang sued the travel agency to the court and asked the travel agency to bear the liability for compensation.
Paragraph 1 of Article 69 of the "Tourism Law of the People's Republic of China" stipulates that travel agencies shall perform their obligations in accordance with the stipulations in the package tour contract, and shall not change the travel itinerary without authorization.
Zhang Qian explained that the Spring Festival is the peak tourist season, and it is not uncommon for popular attractions to have no tickets and Internet celebrity hotels to increase prices due to the surge in tourists.
In this case, the travel agency shall fully negotiate with the tourists, and both parties may change the travel itinerary or accommodation arrangement in accordance with Article 543 of the Civil Code on the basis of consensus.
If the travel agency changes the itinerary or lowers the hotel standard without consultation, the tourists may request the travel agency to bear the corresponding liability for breach of contract according to Article 577 of the Civil Code.
Signing up for a "low-price tour" turns into a "high-price purchase" in seconds, should the travel agency be held responsible?
In case B, during the Spring Festival, a travel agency launched a "7-day tour of Yunnan, only 399" activity. The retired Lao Zhang was very excited about this, so he signed up to join the tour.
Unexpectedly, during the travel process, not only did most of the scenic spots pass by in a flash, but also added a lot of shopping links. Under the pressure of the tour guide, Lao Zhang had no choice but to buy a silk quilt and two pieces of jade at a total cost of 12,000 yuan.
Afterwards, Lao Zhang sued the travel agency to the court and asked the travel agency to compensate for the loss.
Article 35 of the "Tourism Law of the People's Republic of China" stipulates that travel agencies shall not organize tourism activities at unreasonably low prices, deceive tourists, and obtain illegitimate benefits such as kickbacks by arranging shopping or paying for additional tourism items.
Travel agencies that organize and receive tourists are not allowed to designate specific shopping places, and are not allowed to arrange additional paid tourist items.
However, unless it is agreed by both parties or requested by tourists, and does not affect other tourists' itinerary arrangements.
In the event of a violation of the preceding two paragraphs, the tourist has the right to request the travel agency to handle the return of the goods and pay for the return in advance within 30 days after the end of the travel itinerary, or to refund the cost of the additionally paid travel items.
Zhang Qian explained that in recent years, in order to attract tourists and seek profits, travel agencies often form groups at unreasonable low prices. Tourists thought they were taking advantage of it, but they never thought of "traveling" as "travel shopping", and their mood and experience were greatly reduced. .
The "prevalence" of low-price tour groups has led to the phenomenon of travel agencies defrauding customers and forcing them to shop.
Tourists should keep their eyes open, choose travel agencies with corresponding qualifications and reasonable prices, and avoid falling into the trap of low-cost and free travel.
In the event of being forced to shop, tourists can keep the consumption vouchers. If they meet the circumstances stipulated in Article 35 of the "Tourism Law of the People's Republic of China", they can request the travel agency to return the goods and return them within 30 days after the end of the itinerary. Advance the return payment; in addition, if the travel agency or tour guide is fraudulent or intimidating, tourists can also claim their rights in accordance with Article 148 or Article 150 of the Civil Code and demand that the travel agency bear the liability for compensation .
Group "self-driving tour", "exemption agreement" is inevitable
In case C, Xiao Li and Xiao Zhao are both fans of "self-driving tour" in a certain club.
During the Spring Festival, the club organizer posted a "self-driving tour" registration information in the WeChat group, intending to organize several members to travel by self-driving tour under the "AA system" according to their own travel route. Xiao Li and Xiao Zhao signed up immediately after seeing the news.
Before departure, everyone signed a "disclaimer agreement" in which the organizer only arranges food, accommodation, and transportation during the trip, and the participants are responsible for other issues.
During the journey, due to the twists and turns of the mountain road and the slippery snowy road, the car driven by Xiao Li unfortunately overturned. Both Xiao Li and Xiao Zhao, who was sitting in the co-pilot, were seriously injured.
Afterwards, the traffic accident certificate determined that Xiao Li was fully responsible for the accident, and Xiao Zhao sued Xiao Li and the club organizer to the court, demanding compensation.
Article 1198 of the "Civil Code of the People's Republic of China" stipulates that the operators and managers of public places such as hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues, and other business places or public places, or those who engage in mass activities Organizers who fail to fulfill their security obligations and cause damage to others shall bear tort liability.
Zhang Qian explained that with the increasing popularity of "self-driving travel", the demand for small-scale group travel is increasing, and some car clubs have emerged as the times require.
Under normal circumstances, the club organizer is responsible for formulating the "self-driving tour" route, arranging accommodation and meals, and the participants prepare their own vehicles or travel by carpooling with others.
In addition, everyone often signs a "disclaimer agreement" to express their willingness to participate voluntarily and assume responsibility, so as to avoid "worries about the future".
However, when the damage occurs, such an "exemption clause" cannot be completely exempted from liability. Xiao Li, as the direct infringer, should be liable for compensation, and the club organizers failed to fulfill their security obligations during the event, such as prudently planning the itinerary, Forecasting weather conditions in advance, planning travel time reasonably, etc., should also bear the tort liability to Xiao Zhao.
Participate in activities "at your own risk", and you will be responsible for your injuries
In case D, Xiao Wu signed up for a "3-day grassland tour" tour group organized by a travel agency.
According to the travel itinerary, Xiao Wu watched the wonderful horse racing and wrestling matches. After watching, as a sports enthusiast, Xiao Wu was eager to try and strongly demanded to "compete" with professional wrestlers. The on-site tour guide repeatedly explained to him the risks of wrestling, Xiao Wu ignored it.
After some small trials, Xiao Wu was injured by a fall and was diagnosed with a fractured ankle.
Afterwards, Xiao Wu sued the travel agency and the wrestler to the court on the grounds that he was injured during the tour, demanding compensation.
Article 1176 of the "Civil Code of the People's Republic of China" stipulates that if one voluntarily participates in cultural and sports activities with certain risks and suffers damage due to the behavior of other participants, the victim shall not request other participants to bear tort liability; however, Other participants have intentional or gross negligence for the occurrence of the damage.
Zhang Qian explained that with the continuous development of the tourism industry, tourism projects with folk customs or regional characteristics are increasingly favored by everyone. For special activities in the tourism process, such as wrestling in the "Grassland Tour" and "Ice and Snow Season" in the Northeast Some tourists are also eager to go skiing.
In this case, Xiao Wu, as an adult with full capacity for civil conduct, made a wrong judgment on his own ability and voluntarily participated in wrestling activities when he knew that wrestling was professional and dangerous. Self-willing risk means that you should take responsibility for your own injuries.
The wrestling event was not included in the travel agency's original itinerary, and the tour guide also dissuaded Xiao Wu from participating in wrestling activities. Therefore, the travel agency fulfilled its obligation of safety and was not liable for compensation for Xiao Wu's injury.
Beijing News reporter Zuo Lin