While online travel has a low price temptation, there are pitfalls to beware

In the internet era, online travel site traffic soared, through the online travel site directly booking travel products are becoming more and more normal. While enjoying the convenience of the Internet, the direct dispute between online travel websites and consumers is becoming more and more obvious.

The price is confusing the cattle net

At the beginning of the new Year, a consumer of the Ctrip Travel network complaints, as well as CCTV financial channel recently exposed to the air ticket travel packages are not according to the airline regulations, charging high refund fees and other incidents caused the market attention again.

According to reports, the citizen Mr. Liu January 4 this year on the way cattle online see, from Beijing, Maldives Kulama 5 nights 7th Tour special information, double plus insurance only 10095 yuan, he booked the March 28 departure of the two self-help tour, the next single show a single promotional price of 4801 yuan, and the actual payment price is 5001 yuan. To his surprise, the next day the trip plan went down the drain. After Mr. Liu submitted the order, the cattle network to the shortage of resources, system errors and other reasons for unilateral changes in prices, and asked Mr. Liu to cancel the order.

Passers-by cattle customer service staff after checking the order number, explained that due to the site system problems, resulting in Mr. Liu's order price is wrong, the matter has been feedback to the corresponding departments to deal with. "This situation can not be avoided, the manual has been in the audit." Our company has hundreds of thousands of lines, prices will inevitably have a disorder, but later the price has been artificially modified. "The customer service staff also explained," The way cattle net ' booking notice ' indicated, ' The Self-Service tour product all is the instantaneous valuation, please take our final confirmation price to be subject '. In other words, only when we manually confirm the price is correct, the online payment function can be opened, consumers can operate online payment. But the original order of Mr. Liu has not occupied the position of success, only in the advisory order status. The reporter learned from the passers-by, in response to the complaint, the company has been in consultation with consumers to resolve the company to provide consumers with more favorable product compensation.

In fact, similar disputes between consumers and online tourism companies have not been uncommon in recent years, and some veteran online tourism companies are also complaining about the storm. such as, before the media reported, malicious cancellation of air tickets, arrangements for failure to refuse refunds, as well as the background of a country's tourism enterprises to buy electronic access to the Taiwan card and false shipments and so on.

For similar cases, Beijing Zheng Hai law firm lawyer Li to remind consumers that after the order, regardless of whether the consumer has paid the corresponding money, does not affect the establishment of the contract relationship between the two parties. If a merchant unilaterally cancels an order for its own reasons, it shall bear the liability for breach of contract and shall compensate the consumer for the loss. If the merchant can prove that the consumer agrees to cancel, there is no compensation. If the consumer said the situation is true, then the practice of the Merchant is contrary to the provisions of the Contract law, the principle of good faith, should bear certain legal consequences.

Where to go Ctrip "lead" the complaint list

According to a survey of Chinese netizens ' tourism and leisure life and outbound tourism consumption, a previous survey showed high education, middle and high income middle-aged and young people, has become a travel habits of the network consumption of the main body, their way of travel tends to network, self-help, 75% of the Internet users will choose online transactions for tourism consumption. It is embarrassing that the consumer protection mechanism has not been more convenient because of the development of the Internet, complaints are still "headache" problem.

Previously according to the 3 15 complaints platform monitoring, tourism 3 15 complaints platform in November 2014 received a total of effective complaints 73, reply 25, recovery rate of 34.2%, nearly half of travel complaints involving online tourism enterprises. Data show that in November, the complaint involving online tourism enterprises, where the number of complaints to the network, accounting for 16.4% of the total complaint, followed by Ctrip Travel Network, the number of complaints accounted for 15.1%, both accounted for nearly 70% of total complaints online tourism enterprises. From the content of complaints, quality of service, product quality, tourism contracts, after-sales service is the main complaint.

In addition, the Shanghai Tourism Quality Supervision Institute "December 2014 Tourism Quality Surveillance Bulletin" shows that Shanghai Ctrip International Travel Service, Tong Cheng International Travel Service (Suzhou) Co., Ltd. Shanghai branch, Beijing International Travel Service Shanghai Branch, Shanghai Donkey Mother Xing Travel International travel Service 1, 2, 4, 5, The subject matter of the complaint relates to the reservation of the hotel room, the refund dispute after the visa has not been done, the personal accidental injury dispute of the outbound travel, the dispute of the outbound travel itinerary, the dispute of the missing spots of the European Tour, the expenses of the Hong Kong and Macao Tour, and the return of the In the complaint, the industry pointed out that the online travel agencies involved in complaints than the traditional travel slightly higher, which is due to the large volume of online travel agencies, although the proportion of complaints is very low, but only the number is relatively high. There is no denying that a significant portion of these complaints are from projects launched by online travel agencies and traditional travel agencies. and the cooperation and restriction between the online society and the traditional society need a better mechanism of self-discipline and mutual supervision.

Again, such as the recent very hot outbound travel, not row disputes, change of itinerary and other complaints focus is increasingly prominent. Before there are consumer complaints, "double 11" in the Ali under the trip online ordering the United States during the Spring Festival 9th, just 7999 Yuan, but recently was told by travel agencies, booking products because "not a regiment", so can not go. For "Double 11", "Double 12" during the introduction of some significantly below the market price of outbound travel products, insiders have pointed out that this means is actually "advance pre-sale", suitable for long-term cutting (charter), that is, the large-scale operation of the route of destination wholesalers, these wholesalers are designed to run the volume, First, the way to use the pre-sale of money charter, and then according to the situation grabs. If the travel agency can be more excellent price to sell the cabin, let the original low price pre-sale guests change date, big deal refund. If the cabin is not sold out, those guests are used to guarantee the "replacement team." If the real unprofitable, travel agency big deal declared "not a regiment", the dissolution of the contract.

Because there are many links, the responsibility is relatively vague, not yet formed a unified industry standards and so on, so many consumers in the online platform to buy tourism, travel products, once the rights and interests are infringed, can only eat "grievances". "Tourism rights is difficult for a long history, and in fact, online tourism business integrity level is basically higher than the average, for them intangible goodwill more important." "There are, of course, a lot of problems that need to be regulated gradually," says one travel professional. ”

"The current electricity market is very lack of contract spirit, in the past we have overemphasized innovation, ignoring the integrity." This is the legal spirit that the operators and consumers of the electric business must strictly abide by. The spirit of contract includes three elements: contract freedom, contract justice and contract adherence. In practice, disregard of the freedom of contract, the abuse of administrative control is a lot of disregard for contract justice, Overlord contract phenomenon is rampant, disregard of the contract strictly adhered to, the phenomenon is very serious. Electric business operators should see the immediate tangible benefits, but also to see the intangible brand interests, to seek consumers and operators to win more share of the management of the road. "Liu Junhai, director of the Business Law Institute of Renmin University of China, professor of law school.

Legal norms need to be implemented and perfected

Litigation cost is an important factor restricting consumer rights, and the imperfect legal system is also an important constraint. "In the interview, many for the legal profession admits."

As a result of the current domestic tourism market overall confusion, whether it is offline tourism companies, or online tourism companies will be affected by the big environment. At present, the domestic tourism environment is not mature enough, coupled with the relevant laws are not perfect, many enterprises are in the loopholes. Thankfully, consumers also see some laws beginning to sound, but it still requires concerted efforts by all parties. July 2014, "travel agency products third party network trading platform operating and service requirements", "Travel Service Network Service Requirements" and other 5 tourism industry standards began to implement, the first time to standardize online tourism business services. Under the new rules, "(Third party network trading) platform should obtain business license, telecommunications and Information Services business license, complete the record of the business site, and the main page of the site to publicize the relevant information", "should be with the Cooperative travel agency entered into operating contracts, supervision of travel agencies issued by the travel agency products and related information "," may establish the credit appraisal system to carry on the credit appraisal and the management to the travel agency, the credit grade appraisal system should advance the public announcement, and provides the credit rank inquiry service for the tourist.

The new rules also have corresponding requirements for information and data services of online tourism enterprises. It stipulates that the storage time for both parties to the platform transaction is not less than 3 years from the date of its last login. The time of the transaction data can be queried for not less than 3 years from the date of the transaction. To some extent, this provides the basis for the rights-defending behavior of the disputes after the tourists ' consumption.