Common legal issues during the travel process

With the continuous improvement of living standards, people choose to travel as one of the holiday styles during vacation time. At the same time, the gradual maturity of network technology has brought people more choices for travel options. We can easily screen out the appropriate travel routes on some travel software. Compared with the way that the travel agency has to sign a contract when the network is underdeveloped, it can now be solved on the network. But precisely because it is so efficient and convenient, it has led to conflicts between many tourists and travel agencies. In this article, the author will analyze the common legal issues in the travel process from the following two aspects. It is hoped that travellers will receive reasonable and legal protection when they go out to play, and travel agencies can further provide quality services.

1. The travel agency did not arrange the journey according to the contract

On January 9, 2017, the tourists signed a long-term "Team Outbound Tourism Contract" with a travel agency, stipulating the tourists: Kongmou, Liu, Zhang, Anmou, departure time February 2017. Attached to the group's intentions are: Thailand, January-February 2017, Vietnam, March-April, Baikal, May-June, Song Shida, July-August, Saipan, September-October, Western Europe, November-December The supplementary agreement is blank, with the words of Kong, Liu, Zhang, and An. However, the travel agency finally arranged the Thai route for the company's reasons. After the contract was signed, Liu paid 29,800 yuan to travel and social travel, but the travel agency only arranged for Liu to travel to Thailand once, unable to arrange other routes. On April 24, 2017, the two parties signed the "Refund / Withdrawal/Indemnity, Application Form", but the travel agency did not refund Liu. Liu is ultimately reluctant to continue to fulfill the travel service contract relationship with the travel agency and request the refund of the corresponding travel funds, and the travel agency will be brought to court.

During the trial, the travel agency agreed to terminate the travel service relationship with Liu, but after deducting the amount of the line that has already traveled, the remaining money will be refunded.

The court held that, once the contract was concluded, the parties should fully perform their respective obligations in accordance with the contract. In this case, Liu paid the travel expenses, and the travel agency did not arrange the travel itinerary as agreed, and its behavior violated the contract. In the lawsuit, both parties agreed not to continue to perform the relationship of the tourism service contract, which was deemed to be the termination of the contract negotiation between the two parties. Liu asked for the refund of the remaining travel expenses. The reason was justified and the court supported it. In view of the fact that the travel agency stamped the application form filled out by Liu, it should be deemed that it approved the refund application claimed by Liu. Therefore, the hospital supported Liu’s claim for full refund of travel expenses, and requested the travel agency to deduct the part. The defense of the fee is not accepted.

According to the lawyer, when the traveler finds that the travel agency has not arranged the journey according to the contract, and even if the travel agency cannot continue to provide the corresponding travel service, the traveler should communicate with the travel agency in time and provide the solution provided by the travel agency. The written form is retained as evidence material. In the above case, the traveler finally returned the full refund due to the timely signing of the corresponding refund application form with the travel agency.

2. How to deal with personal injury incidents in overseas tourism

On May 9, 2012, Zou and others signed a travel contract with a travel agency. The two parties agreed: "A total of 30 people from Party A will sign up for the 13-day tour of Eastern Europe + Turkey from July 19, 2012 to July 31, 2012. The amount of the tour fare is 18,200 yuan per person totaling 546,000 yuan...". At 5 o'clock on the afternoon of July 20, 2012, when the cruise ship of Zhai was docked, there was a collision with the pier for some reason. As a result, Zou fell and was injured on the ship. Later, he was sent to the local hospital for treatment with other injured people. . After returning to China, he went to Shanghai Sixth People's Hospital for treatment. On August 8, 2012, the travel agency refunded a fee of RMB 18,200 for a group tour fee. However, the compensation for personal injury has never been agreed. Zou therefore brought the travel agency to the court and demanded that he be liable for personal injury.

The court held that: Zou and the travel agency signed a travel contract, the two sides set up a legal relationship for the travel contract, the travel agency should provide travel services that meet the requirements for the protection of tourists' personal and property safety. However, due to the collision between the Turkish cruise ship and the terminal during the trip, it caused the squatting to stand on the ship and fell and was injured. It is obvious that the defendant constituted a breach of contract. Therefore, he should be liable for personal loss caused by 瞿.

In the end, the court ruled that the travel agency compensated for a medical expenses, disability compensation, and lost time, totaling RMB 96,794.67;

Lawyers believe that the situation of travellers' injuries during overseas travel is not uncommon. Many travel societies refuse to pay the corresponding personal injury costs. Most of the reasons for refusal are because travellers are injured in travel abroad and have nothing to do with travel agencies, and travel agencies have made reasonable guarantees. obligation. However, since the two sides have signed a tourism contract and established a legal relationship for tourism contracts, the travel agency should provide services to protect the personal and financial security of tourists. In the above case, if the collision between the cruise ship and the pier is caused by the traveler's reason and the traveler is injured, it can be concluded that the travel agency has not fulfilled its reasonable guarantee obligation. It is necessary to remind tourists that under normal circumstances, travel agencies have different levels of service provided by different travel agencies due to factors such as the size of the company, industry reputation, and location. Therefore, when travelers choose a travel agency on the Internet, they should choose local high-quality travel companies as much as possible, and when signing a travel contract, pay attention to the terms of the travel agency to provide specific service content and assume corresponding responsibilities. If an accident occurs during the trip, you can avoid complaints without a door and get a refund in time.