Yesterday morning, the Supreme Court issued "travel disputes Supreme People's Court on the hearing provisions of law applicable to a number of issues," King claims that the terms of the provisions of support for tourists is invalid, and the first time to protect the personal information of consumers. This provision shall come into operation yesterday.
According to reports, the country in recent years, rapid growth in tourist arrivals, the number of domestic tourists last year, 19.2 million passengers, more than 2.1 billion people are expected this year. Tourism is increasing disputes involving many links, travel agencies and tourists increased the difficulty of dispute resolution, so the introduction of this judicial interpretation.
Tour operators terms of the King
Invalid
According to regulations, tourism operators to form contracts, notices, statements, notices, etc. to the tourists as unfair and unreasonable requirements, or reduce or waive the responsibility of damage to the legitimate rights of tourists, if tourists encountered similar terms of the King tourists request is based on the relevant provisions of the Consumer Protection Law of the content is invalid, the people's court should be supported.
Protection of personal information of consumers
The first clear
1 began to implement the Supreme Court formulated the "Disputes about the travel provisions of law applicable to a number of issues" in the provisions, tour operators, tourism support services, or those who disclose personal information without the tourists tourists agreed to disclose their personal information, tourism at the request of its held accountable, the people's court should be supported. This is the first judicial interpretation of Civil clear the protection of personal information of consumers. This judicial interpretation has also conducted a tourism consumer protection provisions more comprehensive, reflecting the judicial protection of human care.
Obligation to protect the tourists not entirely damaged
To compensate
By plane, train, liner, inter-city passenger bus and other public passenger transport delays, travelers seek compensation does not support the people's court, but if the result of transport delays can not be performed as agreed upon contract, or change the travel line
Process, resulting in the need for the case of refund, tourists returned to tourism operators request the actual costs incurred, the people's court should be supported.
Tour operators, tourism support services are deficiencies to the safety and security obligations, causing tourists personal injury, property damage, tourists request for tour operators, tourism support services are responsible for the people's court should be supported.
The behavior of a third party personal injury caused by tourists, property damage, by the third party liability; tour operators, tourism support services are not covered security obligations, tourists bear the added responsibility of its request, the people's court shall support.
Breach of contract, reduction of tourism projects
To compensate
Not attributable to force majeure and other tour operators, tourism support services are objective reasons to change itineraries, with the approval of the consent of tourists, tourists, tour operators request shared thus increasing tourist travel costs or refund requests for tourism operators thus reducing travel expenses, the people's court should be supported.
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 did not request compensation for tourism operators to complete the agreed reasonable expenses such as travel services, the people's court shall to support.
Tourism operators to provide services fraud, tourists request compensation for tourism operators double the loss suffered by the people's court should be supported.
Refuse fee increases Shopping
Should be returned
Clearly defined, if the tourist operators for refusing to travel or shopping activities arranged by the project be paid, fee increases, tourism operators, tourists can request the return of tourism operators; in the same tour, the tour operators provide the same services tourists because of the age, occupation and other differences, the cost increase, tourists can also request the return, the cost of these two types of requests for the return of the people's court are to be supported.
The regulations also clear, pre-designed tour operators, and to determine the total price for the transportation, accommodation,
Visit one or more of such services do not provide guides and tour services, excursions arranged by the tourists themselves during travel, tourism operators to provide service does not meet the contract, infringement of lawful rights and interests of tourists, tourists tour operators request are held accountable, the people's court should be supported.
Hosted four cases luggage
No compensation
Tour operator or travel support services for tourists who hosted the baggage damage, loss, loss of tourists to seek compensation, the people's court should be supported, with the following exceptions:
(A) the loss is due to tourists and tourism operators are not obeyed or travel assistance service providers, or tips without the prior statement, not cash, securities, valuables caused by carry;
(B) the loss is due to force majeure, accidents caused;
(C) of the loss is caused by the fault of the tourists;
(D) loss is due to goods caused by the natural properties. Source: Huaxi Dushi Bao
