"Day trip" arrangements for shopping travel agencies need to compensate for 20% liquidated damages

National Tourism Administration Standard Day-trip contract cancel the shopping link every arrangement or forced shopping once, travel agency should pay the total travel expenses of 20% of the penalty for the tourists. April 22, 2012, Beijing, Jade City, shop assistants to tourists to promote jade. CFP (data picture) a few days ago, the reporter learned from the National Tourism Administration, in order to standardize the domestic "Day Day" market order, the Ministry of Tourism and the State Administration for Industry and Commerce recently issued the "domestic tourism" contract (model text), in the model text, canceled shopping, Other paid items and free activities such as travel arrangements, if the tour operators, guides or drivers have such arrangements, will need to pay compensation to tourists. At the same time, travel agencies may not change the travel contract on the ground of force majeure. The relevant head of the national Tourism Administration, according to the actual situation of "day-trips", in view of the travel disputes prone to multiple links, the release of the "domestic tourism" contract (model text), a clear division between the two sides of the contract, mainly to protect the interests of tourists as the focus. Every additional shopping compensation for the total travel costs of 20% Low-cost touting, the trip points, forced shopping, kickbacks, etc. are "day-trips" in the more common and seriously affect the interests of tourists. Combined with the "day Tour" time is short, schedule compact characteristics, "domestic tourism" contract (model text) has no provisions on free activities, also does not allow travel agencies to arrange for separate paid items or designated shopping places to shop, if the attractions themselves include shopping, travel agencies need to express to tourists. Travel agencies and tour guides, the driver arranges for the tourists to shop in their designated shopping place or in the form of visiting, and arranging the shopping in disguise (except that the express attraction includes the shopping place in the contract), forcing or forcing the tourists to shop in disguise, every arrangement or compulsion, the travel agency shall pay the penalty of 20% of the total travel expenses Where a tourist requests a return, the travel agency shall bear the return responsibility within 3rd from the date of delivery of the goods to the traveller. Travel agencies and tour guides, drivers to arrange for separate paid items, travel agents should be paid to the tourists to pay the full refund of the cost of the project. In addition, the model text also stipulates that if the travel agency to reduce the travel time or tourist attractions, in addition to refund the part of the cost, but also to pay the total tourist costs 20% of the penalty. To curb "black" day-day "black Society", "Black Car", "Dark Guide" and "Black driving" illegal behavior, is a serious disruption of "day-day" market order, infringement of the legitimate rights and interests of tourists prominent problems. Whether it is to the tourist consumption rights, or to the government administration has caused great trouble. To address the above problems, "domestic travel Day" contract (model text) requires clear name and license number of travel agent, tour guide's name and guide card number, vehicle license plate number, driver's name, and the use of no valid qualified travel vehicles, drivers and tour guides, Strict liability for breach of contract was made. In the first article of the model text, it is expressly agreed that "travel agents do not have legalValid travel vehicles, drivers or tour guides shall refund the paid travel expenses to the tourists in full. If the tourists cause other personal and property damage, the travel agency should also bear the corresponding liability "and" travel agencies in violation of the contract chartered travel agreed to arrange a car tour, should pay the total travel costs of 20% of the penalty. Before departure, the travel agency shall refund the paid travel expenses to the tourists in full. Force majeure may not change the contract for the previous often used by travel agencies as a pretext for breach of the force majeure factors, the contract text, in order to avoid travel agents to adjust the itinerary, change the form of the contract to damage the legitimate rights and interests of tourists, such circumstances lead to the contract can not perform or continue to perform and fair as the principle of sharing the corresponding costs, and does not support the adjustment of the itinerary, change the contract. The relevant head of the National Tourism Administration, the tour is relatively simple, the occurrence of force majeure, such as can not be attributed to any party, easy to lead to the contract can not be achieved. In order to avoid the travel agencies to adjust the itinerary, change the form of the contract to damage the legitimate rights and interests of tourists, "domestic tourism" day-day contract (model text), the contract can not perform or continue to perform, both parties may terminate the contract, and the principle of equity to share the corresponding costs. Simplified text for easy operation It is understood that the "day trip" in practice, travel agencies and tourists do not sign the contract phenomenon is not uncommon, lazy in the simple tourism activities to discuss complex contract content is one of its factors. Compared with the team's domestic tourism contract (model text), "domestic tourism" "Day Tour" contract model (model text), both in terms of form or content are simplified, the basic information in the form of forms, the rights and obligations of responsibility to bear to embody, simple and practical, easy for travel agents and tourists to accept. The model text also stipulates that tourists should have the corresponding compensation responsibility for the loss of travel agency due to tourists ' reasons.