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In connection with some of the tourism contracts implemented in the tourism market in beijing city, experts from the beijing city consumers ' association specialized in organizing a detailed evaluation of the unfair provisions. Yesterday, the results of the evaluation and the amendments were officially published by the association. Journalists then contacted the designated travel agency, which expressed different views on the points of compromise。
Travel agents don't pay for accidents
"the king's clause"
B (consumer) is self-responsible for illness: in the event of an accident causing injury to b, a is responsible for notifying the insurance company and assisting the insurance company to investigate and verify that, within the amount of compensation paid by the insurance company, a is not liable for expenses other than those paid by any insurance company. (beijing spring travel agency contract)
[according to points of agreement]: in the terms of the contract, “if an accident causes injury to a b party (consumer), the a party (operator) is responsible for notifying the insurance company of the case”, in fact some of the accidents were caused by a. Therefore, a party is liable accordingly。
[recommended proposal]: provides for obligations of party a (operator) in cases where consumers in tourism cause physical and property damage to tourists as a result of a travel agency's fault, and where compensation from insurance companies is insufficient to compensate for the loss。
[recommendation echoing]: the manager of beijing spring travel said that this was the old rule, and we have now changed。
Quality issues for travel agents
[governance clause]: subparagraph 4 on the operator's non-liability for breach of contract provides that after quality problems have arisen, the b party (operator) has taken timely measures to address them. (contract for the meeyun county tourism advisory service centre)
[assessment of points of agreement]: the form clause exempts the operator from liability for compensation to the consumer. Article 11 of the law of the people's republic of china on the protection of consumers' rights and interests stipulates that “consumers who have suffered damage to persons or property as a result of purchasing, using goods or receiving services shall have the right to compensation in accordance with the law”
[revision proposal]: replace the provision with the following: “if, after a quality problem has arisen, the party b (operator) fails to compensate for the loss of the party a (consumer) by taking timely aftercare measures, it shall be liable accordingly.”
[recommendations echo]: director zhao of the meeyun county tourism advisory service stated that they used the contracts of the spring and autumn travel agency, a situation that was due to the fact that the printed version was a simplified version and would certainly be complete in the future。
Travel agents change their itinerary at random
“the a (operator) reserves the right to adjust the itinerary without diminishing the attractions.” (beijing holiday travel agency limited contract)
[according to points of agreement]: if a party retains this right, it means that it may vary the main elements of the “routine” in the contract at will for any reason. A party's adjustment to the course of the contract is a unilateral change of contract that infringes the consumer's right to fair trade。
[modification proposal]: remove this unfair and illegal provision。
[recommendation echoing]: according to the manager of the personnel department of the beijing shinkuku holiday travel agency ltd., this provision reflects the characteristics of the travel agency, i. E. Its inability to grasp the status quo of many social facts. For example, when foreign heads come to the palace and therefore stop visiting, the travel agency must make a date adjustment for the tourist content. That should be understandable。
Intentional exemption clause
“a (operator) collects the full cost of b (consumer) and is unable to travel for a (operator) reasons. B (consumer) should be notified three days in advance, otherwise 10% of the amount paid by b (consumer) should be paid as default money.” (beijing travel agency contract)
[according to points of agreement]: this provision is intended by the operator to provide an exemption from liability for breach. The provision provides that when travel agents are unable to travel, consumers should be notified, otherwise default money should be paid. So, if the operator had complied with the act of notification, would the operator have been exempt from liability for breach of contract that it should have incurred? This provision makes the rights and obligations of the parties unequal。
[recommended proposal]: amend the provision to read: “if a party (operator) is unable to travel for the reasons of a party (operator), three days' notice should be given to party (b) and 10 per cent of the sum paid by party (consumer) should be paid as default money.”
[recommends echo]: a mr. Wang of the company said that the issue of the compromise point was due to a technical error by his company that caused problems in the contract and would be corrected in the future。
We'll have to make up the difference
[governance clause]: “registration of natural (single male or female) rooms is required to be filled or arranged as appropriate”. (contract of beijing shekwan holiday travel agency limited)
[concerning point comment]: the emergence of natural monologues is not a consumer's fault, but a consequence of the inappropriate organization of travel agents. The presence of natural units should be settled by the travel agency in consultation with the hotel (hotels), the consumer should not be forced to pay the difference, accommodation should be arranged under conditions below the standard of accommodation agreed upon prior to the mission, and the operator should refund the difference in the room with the consumer's consent。
[recommendations for amendment]: remove unfair elements of the contract terms in this format and reformulate the provisions on the rights, obligations, etc. Of consumers and operators。
[recommendation echo]: the manager of the personnel department of the beijing shinkuku holiday travel agency ltd. Explained, for example, that it would be difficult to make arrangements for female tourists to live alone if there were seven caravans, six men and one woman. The travel agency, on the basis of consultations, allows the fee to be paid, but if the visitor does not agree, the travel agency will arrange for the female tour guide to live with her or postpone the mode of travel。
Tourists bear force majeure losses
“the costs of travel and delays due to force majeure factors are at the expense of the guests.” (beijing cloud travel agency ltd.)
[facilitation point comment]: when a contract is signed, travel agents and tourists are fully equal civil subjects, and their rights and obligations are reciprocal in accordance with the principles of fairness and integrity in contract law. It would be unfair to impose losses on the tourist side only if force majeure causes a change in itinerary or delay。
[revision proposal]: amend the clause to read: “the costs of a change of itinerary, delay due to force majeure shall be reasonably shared between the parties.”
[recommendation echoing]: mr. Yang of the travel agency stated that the contract was based on the model contract of the tourist board and that the phrase was not made by himself. If the tourist board and the association can reach an agreement, then neither does the travel agency. (yang yu feng, chau)
Reporter's comment: we don't have enough fire. Colour
In the recent past, there has been a high frequency of anti-racist attacks on the ruling terms of the travel agency, a lack of interest in the industry. While a lot of people are saying good for the deal, others are thinking -- how is it working
Dr. Ho jun, deputy director of the institute of administrative law of the chinese university of political science and law, said that the point of elimination was only a comment by a public institution and was not legally binding. If that were the case, it would only put pressure on the administration of justice。
However, in legal practice, this pressure has not yet been demonstrated. Vice-professor guo jiu, a researcher on procedural law at the chinese university of political science and law, said that no consumer had invoked the merits of the withdrawal as a legal basis for his support in legal proceedings. - even if invoked, it would be ineffective because, in the case of such economic contracts, courts must try them within the framework of economic contract law. (déi lin)
