Zhiming Lawyer's Insight | During the National Day holiday, Zhiming lawyers offer a "tips" for travel rights protection.

[4] Yulong Snow Mountain in Yunnan? Mount Huangshan in Anhui? Gulangyu Island in Xiamen? With so many beautiful and fun places, which one should I choose? So torn...

 

[5] Although the Mid-Autumn Festival and National Day are six days apart this year, many tourists are combining the two holidays by taking annual leave and opting for long-distance trips. Some citizens have already started selecting their preferred routes or scenic spots, planning to travel with their families or friends to either experience exotic customs or admire the magnificent landscapes of the motherland.

 

[6] It is often during such times that tourists encounter complaints and disputes during their travels. So, what are the common scenarios that arise?

 

1. Increasing shopping frequency and forced shopping;

 

2. Lowering service standards;

 

3. Tour guides failing to fulfill their duties;

 

4. Disputes over refunds due to weather-related itinerary changes;

 

5. Main complaints about scenic spots involve internal transportation, vendors, and parking issues.

 

As living standards continue to improve, the number of holiday travelers keeps rising, and disputes and complaints are also growing. According to the tourism complaint management regulations, which disputes and complaints are not accepted?

 

I. Cases that have already been accepted or handled by a people's court, arbitration institution, or other administrative department;

 

II. Cases where the tourism complaint acceptance body has already made a handling or mediation, and no new evidence or new reasons are provided;

 

 

 

However, who should be sought to resolve tourism disputes? Besides negotiating with the travel agency themselves, most tourists choose to complain to the tourism authorities. The Tourism Law, implemented on October 1, will further standardize tourism dispute resolution methods, providing tourists with legal basis for rights protection.

 

Frequent tourism disputes and the phenomenon of tourists having no way to protect their rights are not uncommon in tourism activities. When tourists have disputes with travel agencies during their trips, or suffer personal injury or property damage and demand compensation, travel agencies often prevaricate or refuse on various grounds. Tourists either have to swallow their anger in unfamiliar places, or get confused by legal terms such as tour organizers, local operators, and service providers, unable to find the right party to claim against; some tourists who dare to assert their rights are unilaterally abandoned by travel agencies or even subjected to violence.

 

Four ways to resolve tourism disputes

 

The Tourism Law stipulates that disputes between tourists and tourism operators can be resolved through the following four methods: negotiation between both parties; applying for mediation to consumer associations, tourism complaint acceptance bodies, or relevant mediation organizations; submitting to arbitration institutions for arbitration based on an arbitration agreement reached with the tourism operator; and filing a lawsuit with a people's court.

 

Negotiation between both parties, also known as mutual settlement, is a method where tourists and tourism operators negotiate on a voluntary and equal basis, with sincerity to resolve the issue, by presenting facts and reasoning, exchanging views, and making mutual concessions. "This method is direct, timely, and peaceful, with lower costs. However, its drawback is the lack of legal enforceability; if one or both parties back out, other channels must be used to resolve the matter," a legal expert explained.

 

Mediation refers to a method where, under the auspices of a neutral third party, through persuasion and guidance, both parties voluntarily negotiate to reach an agreement and resolve the dispute.

 

Arbitration is a legal system where parties voluntarily submit a dispute to a third party for a binding decision based on a written arbitration agreement reached beforehand or afterward.

 

Litigation is a means by which a people's court, representing the state, resolves disputes through the exercise of judicial adjudication power. It also carries the highest authority and ultimate decisiveness; as long as one party deems it necessary, they can directly file a lawsuit with the court.

 

Mediation is the fastest way to resolve disputes.

 

Mediation, especially through tourism complaint agencies, is the most common method tourists use to handle tourism disputes. Compared to arbitration and litigation, mediation involves fewer procedural constraints and is simpler and faster. Compared to direct negotiation between the two parties, mediation, with the involvement of a neutral third party, makes it easier for both sides to reach an agreement. To leverage the advantages of mediation, certain principles must be followed; otherwise, it is difficult to achieve the goal of eliminating conflicts and resolving disputes.

 

It is particularly important to note that tourists joining group tours should choose a legitimate travel agency, obtain invoices and itineraries, and sign contracts to prove the transaction relationship and service agreements with the travel agency. Many tourists who join tours without obtaining the above documents often face difficulties in mediation due to the inability to determine the responsible party.

 

Alright, I believe many readers now have a clear understanding of how to protect their rights in tourism disputes.

 

Wishing everyone a happy National Day and a pleasant journey!