Guide to take tourists to shopping mall legal provisions

1. Hello! I wish you success
what is the impact of the tourism law on tourism shopping:
1. In the whole tourism instry, the designated shopping spots of travel agencies have the greatest impact
the influence of shopping spots attached to scenic spots is small, but that of shopping spots completely attached to tourist groups is great. This kind of shopping spots are often distributed in the middle of two scenic spots, which are located in a remote place and are completely driven by tourist groups. The promulgation of the new tourism law will inevitably lead to the difficult transfer of most of them
2. For many tour guides (non scenic tour guides and overseas tour leaders), the introction of the new tourism law is a piece of bad news
travel agencies should conclude labor contracts with their tour guides according to law, and pay labor remuneration and social insurance fees. If a travel agency temporarily employs a tour guide to provide services for tourists, it shall pay the tour guide the full amount of the tour guide service fee as stipulated in the third paragraph of Article 60 of this law. If a travel agency arranges a tour guide to provide services for a group tour, it shall not require the tour guide to pay in advance or charge any fees from the tour guide< As far as travel agencies are concerned, there are two aspects that have the greatest impact:
first, the era of affiliation has passed.
Article 30 travel agencies are not allowed to rent or lend the business license of travel agencies, or illegally transfer the business license of travel agencies in other forms
affiliation is the most abnormal and serious problem in the travel agency instry. It seems that this time, affiliation has been on the edge of the rules. However, with the promulgation of the new tourism law, the instry has reached a consensus that affiliation is dead
if you don't know what affiliation is, please search by yourself. The existence of affiliation is a problem of the entry threshold of travel agencies. The cost of affiliation is only tens of thousands a year, while that of registered travel agencies is hundreds of thousands
the registered capital of an international travel agency shall not be less than 1.5 million yuan; The registered capital of a domestic travel agency shall not be less than 300000 yuan
although the way of affiliation is dead, it's just a matter of eating food, standing and kneeling. In order to expand the market and pursue interests, travel agencies will recruit many of them and set up sub departments. Although the independent development group was deprived of its qualification, the businessmen would play the rules well and upgrade the field army to the regular army. After all, it is not realistic to rectify the phenomenon of affiliation< Second, the era of pure play is coming.
travel agencies should not organize tourism activities at unreasonable low prices, ince or deceive tourists, and obtain improper benefits such as kickbacks by arranging shopping or paying for other tourism projects
pure play is a very simple concept, which has been put forward for a long time. However, with the promulgation of the new tourism law, the era of pure play has been delayed
of course, I'm not sure if it will be changed to other terms, but the low price group is dead, and the increase of group fee is a consensus. There will be more and more tour groups that do not shop or enter the store. The era of quality first and price second comes< 3. The tourism law was officially implemented on October 1. According to the law, travel agencies are not allowed to specify specific shopping places or arrange additional paid tourism projects. A number of travel agencies in Beijing said they would temporarily cancel the shopping link in a "one size fits all" way before the implementation details of the tourism law were issued

this year's "National Day" is the first test of the tourism market by the tourism law. The reporter has visited many travel agency stores in Beijing for several days, and the price of almost all routes of team tour has been adjusted, with the biggest increase of more than 100%< On the 27th, the relevant person in charge of the National Tourism Administration said that ring the national day, the National Tourism Department will send more than 4000 people to investigate and investigate the implementation of the tourism law. We will focus on investigating and dealing with ten major problems, such as "unlicensed operation of travel agencies, zero negative tour fee", "forced and disguised forced consumption", "tour guide leaders' private business", "tour guide leaders' failure to inform the norms of civilized tourism behavior". Focus on the supervision and inspection of Beijing, Chongqing, Shanghai and other places. According to its introction, after the National Day holiday, a series of typical cases will be launched according to the inspection situation to further clarify the role of the tourism law in the supervision of the instry<

the group quotation generally increased by 23%

the price generally increased after the team tour of the 11th National Day. The reporter has visited many travel agency stores for several days, and the prices of almost all routes have been adjusted. The group quotations of Southeast Asia, Taiwan, Hong Kong and other outbound destinations have been adjusted the most. The biggest increase in the range of adjustment is more than 100%, and the average increase is about 20% to 30%

take the 8-day tour in Taiwan as an example, the quotation of a private travel agency was adjusted from 4000 yuan in early September to more than 7000 yuan. Other travel agencies increased the line in 600 yuan to 1500 yuan

"our group was full in September, and the group in early October has received less than 20 customers." Store salesman LV Xiao told reporters that although the quotation has increased obviously, it's good for tourists. When they go abroad, they don't have to pay more money, and they don't have to enter the store. There are more scenic spots

according to the store salesman of Zhongxin travel, the routes in Korea and Thailand are more expensive than before“ The price increase is not as severe as you think. In fact, it includes the fees previously charged abroad, such as tickets and tips. " He took the 10 day tour of three European countries as an example, "our price adjustment is to include the admission fees of the Louvre and Versailles."<

travel agencies temporarily cancel the shopping link

can tour groups still shop after the promulgation of the tourism law? A number of travel agencies said that in the early days of the implementation of the tourism law, the choice of most travel agencies was to "refuse to shop", and there were no shopping malls or outlets on their itineraries“ Although the "tourism law" says that it is possible to shop with conditions, no one is sure if it does not fall on the paper. " Haitao tourism marketing department said

"this kind of arrangement in October is conservative, and it will definitely depend on market regulation in the end." Zhongxin tourism related person in charge said

impact on travel agencies: increase the free activity time of tourists

"depending on the situation, we will adjust the route, such as increasing some free activity time, or arranging more semi self-service procts, so tourists can shop by themselves." In a hotel

2. Hello
first of all, would you like to know if it's the shopping mall outside the tour guide or the shopping mall arranged ring your tour? If the shopping mall is arranged ring the trip, the tourist asks for a return, and the guide can help you return the goods; If the shopping shop is outside the tour guide's recommended itinerary, and it forces you to consume, resulting in tourists want to return goods, the guide must assist you to return goods, and there is a certain punishment for the guide. But no matter what kind of situation, if you want to return, you must have a legitimate reason to return. Generally, some goods can be returned and exchanged for free within 7 days, so you must ask clearly when you buy

I hope it can help you!

3. According to the law of the people's Republic of China on the protection of consumers' rights and interests, if the tourists are not informed of the change of the tour route before traveling, their right to know will be violated. In addition, according to the law, consumers have the right to choose their own goods or services. Consumers have the right to choose their own goods, varieties of goods or service modes, and decide to purchase or not to purchase any kind of goods or accept or not to accept any kind of service
therefore, the tour guide's practice infringes the tourists' right to know and to choose independently.

4. Eight criteria for determining whether there is fraud and compulsory shopping in travel agencies and tour guides are pointed out in the opinions on cracking down on "cheating and compulsory shopping" in tourism activities issued by the National Tourism Administration. As a tourist, we must understand these eight standards. When our rights and interests are violated, we can use the law to protect ourselves< There are eight behaviors of cheating and compulsive shopping in travel:

1. The travel agency arranges shopping without the written consent of tourists

2. Travel agencies and tour guides force tourists to shop by threatening or intimidating tourists

3. The shopping places arranged by travel agencies and tour guides are illegal or not open to the public

4. The goods sold in the shopping places arranged by travel agencies and tour guides are alterated and alterated, and the fake goods are replaced by the real ones, the inferior ones are replaced by the good ones, and the unqualified ones are passed off as the qualified ones

5. The operators of shopping places arranged by travel agencies and tour guides have a record of serious damage to the rights and interests of tourists

6. Improper interests such as kickbacks collected by travel agencies and tour guides

7. The business operators of shopping places are under the circumstances specified in Article 56 of the consumer protection law

8. According to laws and regulations, travel agencies, tour guides and managers of shopping places have other behaviors that damage the legitimate rights and interests of tourists through shopping
What are the five kinds of "unreasonable low price tours" that the National Tourism Administration has made clear
1. The price of tourism procts of the travel agency is more than 30% lower than the honest tourism guidance price published by the local tourism department or Tourism Instry Association
2. The Group Agency entrusts the business to the local agency and does not pay the local agency or the fee paid is lower than the cost of reception and service
3. The local reception agency does not pay for the reception and service costs or pays less than the cost of reception and service
4. The travel agency arranges the tour guide to provide services for the group tour, and requires the tour guide to pay in advance or collect fees from the tour guide
5. Other "unreasonable low price" behaviors of travel agencies that damage the legitimate rights and interests of tourists stipulated by laws and regulations
if the price of tourism procts provided by the travel agency is more than 30% lower than the honest tourism guidance price of the local tourism department, it belongs to "unreasonable low price tourism". Do anything should be within the scale, and in line with national regulations, in today's market economy, if you do anything without regulations and bottom line, then everything will be chaotic, as tourists must resist this kind of unreasonable low price travel behavior, no one to participate, no one will initiate, so to maintain a good tourism environment, we should start from ourselves!

5.

If there is a shopping dispute between a tour guide and a tourist, it should be handled correctly in this way. First of all, protect yourself. If the tour guide is still reluctant to do so, you might as well spend money first; Disaster free;, Keep the evidence and lodge a claim with the travel agency within 30 days after the end of the travel. If the travel agency refuses, it can complain to the consumer association or the relevant department of tourism supervision. After the complaint, the matter still can not be solved, so we can choose to go to the court to sue and protect our rights by legal means. Our country has "tourism law", the 35 articles of which clearly stipulate the issue of compulsory shopping rights protection. Therefore, tourists don't have to be afraid of being forced to shop by tour guides in the process of traveling. As long as there is evidence left, rights protection will be very smooth. Now, more and more tour groups, whether it's regular or low price, will join the shopping project. It's just that some groups are forced to buy, while others are not. Therefore, it is very important to be familiar with the law and know how to protect rights. When there is a shopping dispute with a tour guide, you don't have to be afraid or rigid. As long as you have sufficient evidence, you can protect your rights

only by taking tourists as the center and taking care of their feelings ring travel, can the tourism instry flourish and go to a higher level. If not, tourism and shopping are entangled, and travel agencies are suicidal

6. The tour guide takes tourists shopping, and tourists can not buy things
some tour guides will take tourists to shops and force them to shop in order to earn a commission. This kind of stereotype is more common in low fee tour groups
compulsory shopping is a serious violation of consumers' rights and interests. If threatened, they should complain to the consumer association or the tourism administration
therefore, you should check whether there are shopping items in the travel contract before joining the group, so as to avoid falling into the trap of soliciting customers at low prices, and avoid the loss of personal interests.

7. You can book your own tickets on the website, because you don't follow the group, so your tour guide won't be responsible for your travel expenses
if you want to book tickets through his travel agency, your situation will be classified as the business of purchasing air tickets on behalf of travel agencies, and you have to pay the appropriate handling charges
the cheapest air ticket depends on the prices quoted by various airlines, and travel agencies can't be the master

8. On October 3, some media exposed that a tour guide in Lijiang, Yunnan Province, insulted tourists many times and forced them to go shopping. If there was too little shopping, they would not be allowed to eat. Lijiang Tourism Development Commission issued a notice on its official website on the 6th: the tour guide license of the tour guide involved will be revoked, and the travel agency will be fined 100000 yuan
the circular said that on October 3, after CCTV broadcast the incident of "people encountering black mouthed guides on the lost way", relevant law enforcement officers of Lijiang Tourism Development Commission immediately investigated and dealt with it
according to the investigation and verification by the law enforcement officers of the Quality Supervision Institute, Miss Li, the experiencer, came to Lijiang on August 27, organized by Kunming holiday scenery travel agency. The Lijiang section of the tour was received by Lijiang Qinglongshan travel agency, which arranged the one-day tour of Yulong Snow Mountain. Qinglongshan travel agency appointed a tour guide named Liu (alias a long Tour guide ID No.: tdy20120297) accompanied Miss Li and her 44 people on a one-day tour to Yulong Snow Mountain. After getting on the bus, Liu used uncivilized language to abuse tourists and forced them to shop
according to the circular, under the condition of clear facts and conclusive evidence, it is decided to impose an administrative penalty of 100000 yuan on Lijiang Qinglongshan travel agency in accordance with the relevant provisions of the travel agency regulations; It is decided that Liu Jun, the tour guide, will be given an administrative penalty of revoking his tour guide license.

9. 1、 Article 5 of the interpretation stipulates that "if a tourist operator has taken out liability insurance, and the tourist only sues the tourist operator for an insurance liability accident, the people's court may list the insurance company as a third party at the request of the party concerned." Travel agencies must take out travel agency liability insurance. According to Article 65 of the insurance law, an insurer may directly compensate the third party for the damage caused by the insured of the liability insurance according to the provisions of the law or the contract. Therefore, the supplementary insurance company is the third party, which is in line with the law. In view of this, we should pay attention to the following two points in dealing with the problems of tourism insurance:
first, insurance should be carried out in strict accordance with the law. The scope of insurance includes: 1. The liability of tourists for personal injury and death; 2. The tourists are liable for the compensation of transportation and medical expenses for treatment expenses; 3. Compensation liability for the cost of handling the death and repatriating the remains of tourists; 4. Necessary rescue expenses for tourists, including reasonable transportation, board and lodging expenses for visiting close relatives when necessary, return expenses for accompanying minors, transportation, board and lodging expenses for travel agency personnel and medical staff to deal with; The travel delay needs to pay the reasonable expense and so on the compensation responsibility; 5. The compensation liability caused by the loss, damage or theft of tourists' luggage; 6. The litigation cost caused by the dispute of travel agency's liability; 7. Other compensation liabilities agreed by travel agency and insurance company
secondly, if the tourist wants to list the insurance company as the defendant, the travel agency should take the initiative to apply for the increase of the insurance company as the third party. In this way, we can avoid the occurrence of the second lawsuit to the insurance company after obtaining the adverse judgment. The merger of the two lawsuits can rece the operating costs caused by the lengthy judicial process and restore the reputation of the travel agency in a short time< Thirdly, to avoid the risk caused by "tour guide's consent"
in this explanation, tour guide's consent behavior will cause great risks. The tour guide's consent here refers to the meaning that the tour guide agrees the tourists to move freely or leave the team temporarily. The agreement here has legal significance, and it will increase the liability The explanation of "the period of self arranged activities" in the interpretation is: "including the period of independent free activities arranged by tour operators, the period of activities ring which tourists do not participate in the tour itinerary, and the period of indivial activities ring which tourists leave the tour temporarily with the consent of tour guides or tour leaders." The period of personal activities agreed by the tour guide or tour leader to leave the team temporarily is also included in the responsibility period of the travel agency Article 20 of the interpretation stipulates: "if a tourist, without the permission of the tour guide or tour leader, intentionally leaves the tour group, suffers personal injury or property loss, and requests the tourist operator to compensate for the loss, the people's court will not support it." It can be seen that without the consent of the tour guide or tour leader, the situation of tourists leaving without permission is not within the scope of compensation of the travel agency. Therefore, we come to the conclusion that we should try our best to avoid giving consent to tourists, let alone any written consent
here, we need to pay attention to one more point. The law does not impose excessive liability on travel agencies for disputes arising ring the period of "self arranged activities". Here, the law presupposes that tourists are rational people and should be responsible for their own behavior. Therefore, the travel agency should bear the responsibility if and only if it fails to fulfill the obligation of informing and reminding in the collateral obligation. Therefore, in the performance of tourism contracts, as long as such a lower level of obligations are fulfilled, there can be grounds for exemption< Fourthly, the provisions of travel agency's compensation liability in the interpretation are relatively scattered. After summing up, the author summarizes the following seven aspects: 1. Unilateral breach of contract by tourism operators. After charging tourists, travel agencies change the contents of the contract without authorization, or only charge money without providing services. 2. The tourism services provided by tourism operators are obviously "shrinking". For example, if the contract stipulates that tourists stay in three-star hotels or above, but only stay in ordinary hotels when they actually fulfill the contract, the promised service standard will be reced. 3. Tourism operators cause loss of tourists' luggage. For example, the hotel arranged by the travel agency has no security, resulting in the theft of tourists' property; When tourists visit scenic spots, the travel agency fails to take care of them, resulting in the damage, loss and theft of tourists' articles. 4. The tourist operator causes personal injury intentionally or negligently. 5. Tourism operators cheat tourists and damage their interests. For example, to recommend and sell fake and shoddy goods to tourists, to invent names, and to increase tourists' fees without authorization. 6. The staff and workers of tourism business units privately receive kickbacks or ask for tips. For example, some tour guides turn tour guides into "shopping guides", cajoling tourists into shopping in a store, asking for kickbacks, or asking tourists for tips directly. 7. Other behaviors that damage the interests of tourists. It can be seen that the regulation of travel agencies in the interpretation is relatively strict, but it is also consistent with the relevant laws and regulations applied in the past. We can find that protecting the interests of tourists is the basic idea at present. In this environment, travel agencies should pay attention to the above problems when performing the travel contract. Especially after the interpretation defines tourists as consumers, Article 48 of the consumer protection law can be applied. If the terms of the travel contract are suspected of fraud, the travel agency will face double compensation claims. Since tourism activities are group activities, a series of lawsuits will bring down the hotels involved< br />

10. Tourists are not willing to go shopping in the shopping center according to the plan. The tour guide can't force them to go shopping. They can only change the routine to lead them to the shopping center. It's the tourists' business whether they buy or not.