旅游法将治六大乱象
China mulls tourism law to eradicate six loopholes
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旅行社违约
Travel agencies breach contracts
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| 旅行社违约 Travel agencies breach contracts |
| 乱象：旅行社降低服务档次和标准或者不履行合同约定的服务，导致旅游者权益受损。 | 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：某游客及家人参加某国际旅行社组织的青岛、大连、旅顺、蓬莱、烟台、威海、崂山双卧双船十日游。游客投诉该旅行社没有事先告知他们需要出行后在旅游目的地拼团，并且没有委派全陪导游，造成旅途中许多问题无人沟通协调，不能及时解决；住宿标准未达到合同约定的二星级旅游饭店标准；从大连返烟台乘船承诺为三等舱（8-12人高低铺），实际为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. |
| 草案规定：旅行社置换、减少游览娱乐服务项目的，旅行社应当承担继续履行、采取补救措施的责任，或者赔偿旅游者完成遗漏、减少服务项目所需合理费用。旅行社无正当理由拒绝履行合同，应当赔偿旅游者的损失；造成旅游者人身伤害、滞留目的地等严重后果的，还要支付旅游费用一倍以上、三倍以内的惩罚性赔偿金。对于拒绝履行合同的旅行社或导游，由旅游行政主管部门责令改正，对旅行社处５万元以上２０万元以下罚款、停业整顿，对导游人员处１万元以上５万元以下罚款、暂扣导游证１个月至３个月；造成旅游者滞留目的地的，吊销旅行社业务经营许可证和导游证。 | 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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