旅行社违约

Travel agencies breach contracts

乱象：旅行社降低服务档次和标准或者不履行合同约定的服务，导致旅游者权益受损。 Phenomenon: Certain travel agencies provide lower-than-agreed service quality or refuse to fulfill their contractual obligations, which damages tourists' rights and interests.
案例：某游客及家人参加某国际旅行社组织的青岛、大连、旅顺、蓬莱、烟台、威海、崂山双卧双船十日游。游客投诉该旅行社没有事先告知他们需要出行后在旅游目的地拼团，并且没有委派全陪导游，造成旅途中许多问题无人沟通协调，不能及时解决；住宿标准未达到合同约定的二星级旅游饭店标准；从大连返烟台乘船承诺为三等舱（8-12人高低铺），实际为40人左右。 Case: A tourist and his family joined a double-bed double-boat 10-day tour of Qingdao, Dalian, Lvshun, Penglai, Yantai, Weihai and Laoshan organized by an international travel agency. Then, the tourists lodged a complaint against the travel agency, saying that the travel agency did not tell them ahead of time that the tour group was formed in the destination of the tour; the travel agency did not assign a tour guide for the group and therefore they had no one to communicate with and many problems met by them could not be solved in time; the boarding standard did not reach the two-star hotel standard written in the contract; the travel agency promised them the third-class cabin (double-decker room of between 8 and 12 passengers) of the boat travelling from Dalian to Yantai, but actually there were about 40 people in a room.
草案规定：旅行社置换、减少游览娱乐服务项目的，旅行社应当承担继续履行、采取补救措施的责任，或者赔偿旅游者完成遗漏、减少服务项目所需合理费用。旅行社无正当理由拒绝履行合同，应当赔偿旅游者的损失；造成旅游者人身伤害、滞留目的地等严重后果的，还要支付旅游费用一倍以上、三倍以内的惩罚性赔偿金。对于拒绝履行合同的旅行社或导游，由旅游行政主管部门责令改正，对旅行社处５万元以上２０万元以下罚款、停业整顿，对导游人员处１万元以上５万元以下罚款、暂扣导游证１个月至３个月；造成旅游者滞留目的地的，吊销旅行社业务经营许可证和导游证。 Draft tourism law: If a travel agency changes or reduces its tour, entertainment or service items, it must carry out remedial measures or properly pay the tourists for reducing the items. If a travel agency refuses to execute the contract without a just cause, it should compensate for the tourists' losses, and if it caused severe consequences, such as the physical injury and tourists being trapped in the destination, the travel agency should also pay a penalty higher than the tourism price but lower than three times of the price. If a travel agency or tour guide refuses to execute the contract, tourism administration authorities would order the agency or guide to correct the mistake. If it is a travel agency, it will be fined between 50,000 and 200,000 yuan and its business will be suspended for adjustments. If it is a tour guide, the guide will be fined between 10,000 and 50,000 yuan and the guide's tour guide certificate will be suspended for between one and three months. If a travel agency or tour guide trapped its tourists in the destination, the business license of the agency or the tour guide certificate of the tour guide will be evoked.

 

游客无法维权
Tourists cannot safeguard their rights
乱象：在游客合法权益受到侵害的时候，游客维权经常会遇到投诉无门或者无效的情况，部分游客可能会有不理性的过激维权行为。 Phenomenon: When tourists' legal rights are infringed, tourists usually do not have a place to lodge their complaints to or their complaints have no effect. Therefore, some tourists may carry out irrational right-safeguarding actions.
案例：2012年春节黄金周期间，三亚一些海鲜排挡、出租车及个别景区提供成本低廉的天价旅游服务。据罗迪在新浪发布微博称：“朋友一家3口前天在三亚吃海鲜，3个普通的菜被宰近4000元。邻座一哥们指着池里一条大鱼刚问价，店家手脚麻利地将鱼捞出摔晕，一称11斤，每斤580元共6000多元。那哥们刚想说理，出来几个东北大汉，只好收声认栽。”三亚市政府新闻办开始表示，春节黄金周在食品卫生、诚信经营等方面没有接到一个投诉、举报电话，后来才迫于压力道歉并展开调查和追究责任。 Case: During the Spring Festival golden week of 2012, some sea food restaurants, taxies and a few scenic spots charged extremely high prices for low-cost tourism service items. According to information written by Luo Di on the micro-blog of sina.com, "The three-people family of my friend had a meal in a sea food restaurant in Sanya and the family was charged about 4,000 yuan for three common dishes." At first, the information office under the municipal government of Sanya said that it did not receive a single complaint or tip-off in the food sanitation, business credit and other aspects during the Spring Festival golden week, but later, it, under a heavy social pressure, had to apologize, carry out an investigation and call the relevant people to account.
草案规定：县级以上人民政府应当指定或者设立统一的旅游投诉受理机构。旅游投诉受理机构接到投诉，应及时进行处理或者移交相关部门处理，并告知投诉者。草案还规定，旅游者与旅游经营者发生争议时，消费者协会、旅游投诉受理机构和相关主管部门应在双方自愿的基础上，依法对旅游者与旅游经营者之间的争议进行调解。 Draft tourism law: Every people's government above the county level should appoint or establish an organization of receiving and dealing with tourism complaints. When the organization receives a complaint, it should deal with it in time or transfer it to another relevant organization to deal with it and tell the complainer. The draft also stipulates that when the tourists have a dispute with the tourism business operator, the consumers' association, organization of receiving and dealing with tourism complaints and other relevant administrative departments should mediate the dispute between the two sides on the principle of reaching a consensual agreement.

 

来源：中国网 日期：2012年9月14日

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