旅游法將治六大亂象
China mulls tourism law to eradicate six loopholes
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旅行社違約
Travel agencies breach contracts
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| 旅行社違約 Travel agencies breach contracts |
| 亂象：旅行社降低服務檔次和標準或者不履行合同約定的服務，導致旅游者權益受損。 | 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：某游客及家人參加某國際旅行社組織的青島、大連、旅順、蓬萊、煙臺、威海、嶗山雙臥雙船十日游。游客投訴該旅行社沒有事先告知他們需要出行后在旅游目的地拼團，并且沒有委派全陪導游，造成旅途中許多問題無人溝通協調，不能及時解決；住宿標準未達到合同約定的二星級旅游飯店標準；從大連返煙臺乘船承諾為三等艙（8-12人高低鋪），實際為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. |
| 草案規定：旅行社置換、減少游覽娛樂服務項目的，旅行社應當承擔繼續履行、采取補救措施的責任，或者賠償旅游者完成遺漏、減少服務項目所需合理費用。旅行社無正當理由拒絕履行合同，應當賠償旅游者的損失；造成旅游者人身傷害、滯留目的地等嚴重后果的，還要支付旅游費用一倍以上、三倍以內的懲罰性賠償金。對于拒絕履行合同的旅行社或導游，由旅游行政主管部門責令改正，對旅行社處５萬元以上２０萬元以下罰款、停業整頓，對導游人員處１萬元以上５萬元以下罰款、暫扣導游證１個月至３個月；造成旅游者滯留目的地的，吊銷旅行社業務經營許可證和導游證。 | 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. |
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