Shangchen Travel: The tourism industry is recovering, and travel should pay attention to avoiding pitfalls

With the improvement of people's living standards, the people's enthusiasm for tourism has been further released, and the recovery of tourism has injected vitality into social and economic development. Tourism covers accommodation, catering, transportation, tourism and other services, covers travelers' personal and property rights and interests, and the "blowout" tourism boom.

　　Travelers need to keep their eyes peeled.

　　Recently, the Dongcheng District People's Court of Beijing Municipality released typical cases related to tourism, and the reporter of Rule of Law Daily sorted out some of them by providing tourists with "dodgeball guides" and insurance for "walk-and-go" travel through the case interpretation law.

　　It is difficult to enjoy discounts when purchasing a membership

　　Partial refund for platform running

　　Qian Mimi, who likes to travel, learned from a website advertisement that when you buy a membership card launched by Heizhu Travel Company, you can stay in cooperative hotels and homestays for free, and you can also enjoy other high-end hotel discounts. So

　　Through the company's WeChat mini program, she successively purchased membership cards such as annual pass, yongyuan card, Puyu card, and "uncontrollable" card. The membership card can enjoy a variety of combined benefits for booking rooms, and she can book rooms multiple times through this mini program and prepay the room deposit in advance. In addition, under the introduction of the staff,

　　She also purchased the "19.8 won small blind box" 250 times and the "198 won blind box" 10 times.

　　In June 2021, Qian Mimi traveled to Hangzhou and when she arrived at her destination, she found that the hotel she booked through the mini program had no check-in information at all, and she could only rebook the hotel at the normal price.

　　After that, the mini program used to book the hotel was suddenly interrupted and the staff could not be contacted. Qian Mei sued Heizhu in court, seeking compensation for the reservation deposit, the cost of purchasing a card, the cost of the blind box and the loss of the hotel totaling more than 67,000 yuan.

　　Due to the summons of the court according to law, Heizhu Company did not appear in court to reply, and the court was absent from Heizhu Company in accordance with the law. Combined with the membership agreement, screenshots of order and payment records, screenshots of membership card purchase order information, screenshots of chat records and other relevant evidence submitted by Qian Mimi, the court relied on the relevant provisions of the Civil Code.

　　The default judgment was that Kurotake Tourism Company returned the money, and the unpurchased fee, reservation deposit, blind box expenses and other expenses amounted to more than 35,000 won.

　　The presiding judge of the case said that in the choice of platform, tourists should choose a platform with a large volume or a good reputation to make an appointment. This kind of platform generally has a mature business model and service guarantee, and it is easy to communicate when there is a problem. During the reservation process, it is recommended that after making an appointment through the online platform,

　　By confirming through the official platform of the B&B hotel or by phone, you can avoid the embarrassing situation of not having a room. In the purchase of products, it is recommended to buy according to needs, do not covet preferential advance payment, recharge a large number of travel membership cards, so that the travel company "runs" to avoid property losses. In terms of awareness of the protection of rights,

　　Keep electronic order screenshots, proof of payment and other relevant information, and be careful not to pay the other party, not the contract. It is difficult to distinguish the authenticity of an electronic signature

　　There was insufficient evidence and the indictment was withdrawn

　　Liu Bo plans to take the family on a trip to Vietnam. After communicating with Wang Wen, who claimed to be an employee of Ocean Travel Agency, he received the "Group Outbound Travel Contract" printed with the travel agency's electronic signature. Liu Bo then transferred travel expenses to Wang Yuanyuan on WeChat, but did not ask for an invoice. afterwards

　　Due to the impact of the new crown epidemic, the team reported by Liu Bo was not able to travel.

　　After that, Liu Bo repeatedly asked Wang Yuanyuan for a refund, and Wang Yuanyuan evaded it for various reasons. In desperation, Uber sued the court to demand that Ocean Travel refund the relevant travel expenses.

　　At trial, Ocean Travel claimed that Wang Yuanyuan was not an employee of the company. The electronic signature on the tour contract is also not the signature of their company. The travel agent claimed to have never received the travel expenses paid for the reservation and was therefore not the subject of the travel contract and was not the proper defendant in the present case.

　　Ocean Travel also submitted to the court the homepage and signature page of the electronic contract submitted by the company to the Beijing Travel Agency Business Management System. This signature differs from the signature on the travel contract signed by Yu Pu, and Ocean Travel provided the court with a screenshot of the electronic contract inquired by the above-mentioned system. There is no information about the contract. (Albert Einstein).

　　Considering the lack of evidence, Uber filed to drop the lawsuit against Ocean Travel.

　　The presiding judge of this case said that with the development of paperless intelligence, the tourism industry is also more enthusiastic about signing electronic contracts due to the characteristics of a large number of collective-oriented and scattered customers. General consumers do not have the ability to identify the authenticity of electronic signatures, so once a dispute occurs,

　　Instead, electronic contracts can be an obstacle to the protection of consumer rights.

　　In this regard, the judge suggested that when choosing a travel platform, travelers should sign electronic contracts through formal and legal platforms, and in confirming the form of electronic contracts, travelers should pay attention to the numbers listed in the electronic contracts provided by travel companies.

　　Make sure you can find the information on the National Travel Supervision Service Platform. In the review of the content of the contract, the traveler should not only study the specific schedule, but also study the conditions for the return of the deposit, liability for breach of contract and other important contract terms. When paying,

　　The traveler is required to pay the travel expenses to the receiving account recorded in the electronic contract, ensure that the recipient matches the name of the business license of the travel company providing the service, and request a receipt, taking care not to transfer to the personal account of the purported employee.

　　The patient was injured by a fall while traveling on the way

　　Indemnify both parties for their mistakes as appropriate

　　Wu Jianguo, his mother and six friends signed the Beijing Domestic Tourism Contract with Wubei Travel Agency, and agreed to visit Tiananmen Square, the Forbidden City, the Summer Palace and other scenic spots. Before the contract was signed, Wu Jianguo truthfully informed the travel agency of Mo Fufang's physical condition of "leg discomfort, cancer recurrence, and metastasis to the bone marrow".

　　The salesman replied: "We are family-style free companions, time and attractions are relatively easy and free." ”

　　After that, guided by a guide, 6 people toured the Summer Palace. Previously, the tour guide did not provide necessary safety reminders or auxiliary equipment according to Fu Fang's physical condition. During the free time at noon that day, Fu Fang urgently evacuated 120 people after falling in the park. According to hospital records, Fu Fang was hospitalized with interfemoral fracture of the femur, postoperative breast cancer, bone metastasis, and severe osteoporosis. For this purpose, more than 110,000 won was paid for treatment fees and nursing care fees.

　　Because Aobei Travel refused to pay the medical expenses, the township filed a lawsuit in court, demanding that Aobei Travel Agency compensate for the above-mentioned losses. (American TV series Northern Exposure).

　　The court considered that Wubei Travel Agency did not fulfill the necessary reminder obligation during the free movement of Pufang, but at the same time, when Pufang was seriously ill, weak and unable to move, it also chose to travel with relatives. The nature of the risk of eclampsia is inherently related to the disease.

　　Therefore, Aobei Travel was awarded 10,000 yuan in compensation at its discretion.

　　After the judge's hearing, the travel agency stated that for travelers who inform the elderly, the weak, sick, disabled, pregnant and other travelers who inform their physical condition in advance, the group should carry out special markings, provide detailed and appropriate travel routes and travel methods before travel, and present the "Itinerary Instructions".

　　Tourist guides should make necessary safety reminders or provide assistive equipment according to the traveler's physical condition. Travelers such as the elderly, the weak, the sick, the disabled, etc. should choose the appropriate travel products according to their health conditions, follow the instructions of the tour guide during the trip, and walk with relatives as much as possible to avoid putting themselves in danger. In the event of an accident,

　　Travel agencies should urgently send doctors to properly handle them in accordance with the principle of "health first". Tourists should pay attention to the relevant evidence during the dispute period, and if necessary, call the complaint telephone number of the provincial and municipal tourism bureau or call the consumer complaint telephone number 12315 to handle the dispute according to the complaint procedure.

　　Visa refusal before leaving the country

　　Cancellation Fee Refund

　　Yu Lan and Liu Daqiang planned to travel to Japan, and in early September 2019, they entrusted Bi Yu to apply for a "three-year multiple visa for Japanese individuals", and registered on the "6-day Do Not Disturb Travel to Hokkaido, Japan" organized by the company, paying the corresponding visa fees and travel expenses of more than 33,000 won. And then

　　The two handed over the information required for the agent visa to the empty company. At the end of September of the same year, Feiyou notified Liu Lan to withdraw.

　　Since then, ULAN has learned that the company did not request complete information as requested by the Japanese Embassy in China, nor did it submit its submission to the embassy in full. The trip was to celebrate their wedding anniversary, so Liu Daqiang had to give up the club trip. After that, the two filed a lawsuit in court.

　　The travel agency was asked to refund more than 33,000 won in related fees.

　　Bi Yu claimed that the visa applied for by the two was mainly Liu Daqiang, and Wu Lan was the spouse, and the two were tied together with the visa information. The approval of Liu Daqiang's visa proves that the information not submitted by Liu Daqiang meets the relevant requirements and fulfills the contractual obligations.

　　Ulan's withdrawal was the decision of the Japanese Embassy in China, and Biyu was not wrong. Liu Daqiang chose to give up his community trip and bear the loss himself.

　　During the trial, ULAN submitted printed materials and WeChat chat records on the official website of the Japanese Embassy in China, proving that ULAN entrusted visa processing to a third party and did not submit copies of marriage certificates and household registration books as required by the Embassy. The court held that if a non-doctor knew about the couple and provided a marriage certificate, the marriage certificate was not submitted to the relevant embassy when a third party was entrusted with the visa. Through the follow-up chat records, the reason why Liu Lan withdrew was that the embassy suspected that the two were not really husband and wife. meantime

　　Ulan suffered losses because he did not sign before the date of departure approaching the date of his departure and was unable to reapply for visas and travel. Non-air services are defective and will require a refund of KRW 17,999 for Lan's visa fee and travel fee. Liu Daqiang had already signed and decided to give up the club trip himself.

　　Therefore, Liu Daqiang's visa fees and travel expenses are not subject to refunds for non-airline fees.