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Do Read Tips on Right Safeguard When Visiting Scenic Spots
From:衡阳党政门户网 | Date Add in:2018-07-23 15:33:34 [A  A]


  Viewing beautiful scenery in the world is the most pleasant thing to do when traveling. But when encounter disputes during our trips, what should we do?
      
 
Is it practical for individuals to spend time separately when visiting place on journey?
   
  At the beginning of their trips, many consumers may be not adapted to the food, hotels, and vehicles arranged by travel agencies, and have their own opinions about the arrangements. At that time, can consumers decide to walk separately on their own, and if some legal disputes are caused when they visit separately, can consumers claim rights to the travel agencies?
     
  Tips From Lawyer: During the time for self-arranged activities, when the leading tour guide fail to fulfill his obligation to inform the visitors of the related regulations, or there`s no specific relevant clause in the travel contract, visitors can claim their rights to the travel agencies after suffering personal injury or property loss.

  If personal injury or property loss is caused when the consumer walks singly, and the travel agency, as the tour operator, asserts that they have fulfilled their necessary obligations in prompting and rescuing, the burden of proof will be on the travel agency.

  If the consumer is apart from his group deliberately without the permission of the tour leader or guide, and suffers personal injury and property loss, the tour operator generally won`t be responsible for that. But if that is resulted from negligence of the security service of other traveling sites, consumers can claim their rights to the operator of the site that has failed to fulfill its security obligation for compensation.
    
  Do consumers have rights to say no to travel activities of poor quality?
     
  When traveling in group, travelers may often encounter some situations, such as the reduction of travel programs, shift of plans and even the stopping of activities during traveling. 

  Tips From Lawyer: If it is the travel agency that violates the conventions and commitment in the contract, and arbitrarily change the tour schedule or miss scenic spots arranged in advance in the package tour, reduce tour service items, lower the tour service standard or etc., consumers will have the rights ask the travel agency for refund. And if the consumers get the evidence that can prove that there exists fraud in the service provided by the travel agency, they can claim a compensation of double loss according to the relevant law. Undoubtedly, consumers don`t need to pay for the programs that is added arbitrarily by the travel agency.
      
 
Can consumers ask for compensations if the trip is delayed because of the vehicles ?

  When consumers begin their trips, travel agencies will have already booked transportation tickets. Therefore, when the delay of the transportation causes the cancel of relevant activities or reduction of actual tour programs, consumers don`t know if the responsibility belongs to the transportation operator, or the travel agency.

  Tips From Lawyer: If planes or trains is delayed because of bad weather, which is regarded as force majeure, consumers can ask the travel agency to return the fees that has not been cost in reality. But if the fault lies with the staffs in the travel agency or the transportation operator that has signed contracts with the travel agency, then consumers can directly ask the travel agency to compensate for their losses, and have rights to claim the return of the charge of tour package that has already been paid while don`t exist.
     
  Approaches for consumers to protect their legal rights.

  Conflicts may be generated between tour consumers and travel agencies or tour guides, or staffs at scenic spots or entertainment venues. And many consumers have no idea of the approaches to protect their legal rights and the relevant departments that they can complain to or go to relevant departments to file a lawsuit.
      
  Tips From Lawyer: Consumers can complain to the Tourist Administration or to the Consumers` Association when having disputes on personal injury, property damage, service quality, or etc.. The department responsible for complaints in Tourist Administration is usually the Quality Inspection Institute. When making a complaint, consumers usually need to write down the complaint targets, matters, facts, and reasons clearly, and provide evidence. Consumers can also complain to the Consumers` Association, or directly go to court to file a lawsuit.
     
  Here`s a tip for consumers. Both the effectiveness of making complaints and filing lawsuits are time-limited. Generally, complaints to the Tourism Administration should be made within 90 days after the end of tour, while the effective period of lawsuit at court is two years. But if the compensation lawsuit is filed merely for the personal injury, the effective period will be one year.
 

Sponsored by Hengyang Municipal People's Government, Undertaken by Hengyang Normal University
Co-sponsored by Information Office of Hengyang Municipal People's Government Technical Support & Design:Hengyang Normal University
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