Judicial interpretation of the supreme law: Travel agents are not good at determining the Overlord clause

The core of the travel agency's "overlord clause" damage the legitimate rights and interests of tourists how to deal with? What is the determination of the travel agency's temporary request for additional expenses?　　November 1, the Supreme People's Court published the "Law on the application of tourism disputes in a number of issues," the provisions of such cases to regulate the trial.　　-A total of 26 judicial interpretations have been issued since November 1, 2010.　　-Judicial interpretation is based on the principles of contract law, as well as consumer rights protection law, tort Liability law, civil Procedure Law related provisions.　　-The judicial interpretation of the tourism disputes, refers to the tourist and tourism operators, tourism auxiliary services for tourism between the contract disputes or tort disputes.　　-In a group tour, a person who has not signed a contract for a contract may also initiate a contract in the case of a party having the right to initiate an action.　　How to determine the "overlord clause"? "Case" Kunming, Yunnan tour guide Xiaozhuang with a northeast tour along Kunming, Dali, Lijiang, Shangri-La tourism. Travel agencies used two or three of pages of publicity materials, the scenic spots along the way to blow the hype, wait until the signing of the contract, visitors found that the above listed mainly such as "overlooking Cangshan", "Car view three towers", "overlooking Tiger Leaping Gorge" and other provisions. Foreign tourists do not know this, to the field only to find, browsing is just a hurried window of the scenery, even stop to take a "to this visit" photos of time. A whole trip down, in addition to Shangri-La Pudatso National Park and no tickets to Dali City, Lijiang ancient city, travel agencies do not arrange a decent spot.　　The tourists complained and demanded compensation. "Interpretation" Yunnan Lingyun law firm lawyer Li Chunguang that the so-called "overlord clause", mainly refers to some operators unilaterally to evade legal obligations, relief of their own responsibility unequal form of contract.　　The unfair "overlord clauses" set up by some tourism service enterprises in the tourism contract not only seriously damage the lawful rights and interests of tourists, but also become incompatible with the increasingly mature tourism consumption market in China. On the question of "overlord clause", the present judicial interpretation stipulates that the tour operators make the unfair and unreasonable provisions to the tourists by means of the form contract, notice, declaration and notice, or relieve and exempt them from the responsibility of damaging the lawful rights and interests of tourists,　　The People's Court shall support the request of the tourist requesting that the content is invalid in accordance with the provisions of article 24th of the Consumer Rights Protection Act.　　How to deal with travel agents ' trespass? "Case" beam some 26 people participated in a Guangzhou travel agency organization of Lijiang, Yunnan five days tour. The second day of the trip after breakfast, the guide without the consent of tourists, unauthorized increase of tea and horse Road tourism project, charge 100 yuan per person.　　After the end of the trip, Liang and other people complained to the tourism Quality Supervision Department, asked the travel agents to refund the increase in the expense of the project.　　"Interpretation" Guangdong province, deputy director of tourism quality Supervision Liang Yongzhong that the tour guide's behavior violates the agreement between tourists and travel agencies, travel agencies should bear the responsibility of breach of contract, should be returned to a full amount of beam and other people to participate in the project funds. During the tour, travelWhat if the club changes the itinerary without permission? The judicial interpretation of this announcement stipulates that the people's Court should support the travel operators who violate the contract agreement, change their travel itinerary, omit tourist attractions, reduce tourism service items and reduce the standards of tourism service, and ask the tourist operator to compensate for the failure to complete the agreed travel service items.　　The People's Court shall support a tourist operator who asks the tourist operator to double compensate for the losses it has suffered when providing services.　　The judicial interpretation also stipulates that the people's Court should support the tourists who have suffered personal injury and property loss during their own activities, and the tourist operators have not fulfilled the necessary obligation of prompting and rescuing, and the tourists ask the tour operators to bear the corresponding responsibility.　　What about the loss of baggage? "Case" an international travel agency in Guangzhou organized the Aegean 9th tours, tourists and travel agencies signed a travel contract. After the tour arrived in Turkey, the entire group of guests in a car to visit the site, because the driver did not close the car window, causing the whole group of tourists to keep the leader of the passports and tourists carrying belongings in the wagon stolen. On the day of the incident, all the tourists were sent to the hotel for police to find and notify the Chinese consulate. After many contacts, the next morning, to the consulate for a temporary passport, but because the local tour guide is not familiar with the road, and did not arrive at the consulate, had to negotiate with the consulate to take good photos on the third day of the morning (Saturday) overtime treatment.　　After the replacement of the passport, the third night the entire group of guests finally returned home safely. "Interpretation" Liao, director of the Tourism Quality Supervision Institute of Guangdong Province, according to the relevant departments, the leader of the collection of tourist documents after the relevant formalities should be returned immediately, unless the tourists asked the leader to help custody, visitors personal documents should be their own custody, due to the failure of the team leader to cause the loss of tourist documents, travel agencies should bear the corresponding responsibility.　　The travel agency should assist in the settlement of the relevant claims, but the loss outside the insurance shall be borne by the travel agency. The judicial interpretation of this publication states that the people's Court shall support a travel operator or a tourist aid service for the damage and loss of the baggage items in the custody of a tourist and the person who seeks compensation for damages, except in the following cases:　　(b) The loss is caused by force majeure or accidental incident, and (iii) the loss is caused by the fault of the tourist, and (iv) the loss is due to the natural property of the goods. In order to support and promote the healthy development of tourism, judicial interpretation does not emphasize the maintenance of tourists ' interests and expand the responsibility of tour operators, but by reasonably defining the responsibility and exemption conditions of tour operators during the course of force majeure, free activities and free travel,　　The rights and interests of tour operators have also been reasonably maintained. In addition, the judicial interpretation also clearly protects the personal information of tourists, and stipulates that tourism operators and tourism auxiliary service providers disclose the personal letters of tourists.or without the consent of the traveller to disclose its personal information, the People's Court shall support it if the traveller requests it to bear the corresponding responsibility. The people's Court should support the disputes between tourists and the operators of tourist attractions in the course of their own travel, that is, the "free line" dispute, which is usually referred to as "freedom", and the judicial interpretation stipulates that the service provided by tour operators does not conform to the contract, violates the lawful rights and interests of　　The people's Court does not support tourists who have infringed on their lawful rights and interests in their own arranged tourism activities and are asking for the responsibility of tourism operators and tourist auxiliary services.　　Link according to the Chinese Consumer Association statistics, in the third quarter of 2010, the volume of travel complaints increased 64.5%, ranked fourth in the complaint increase. In the complaint of travel, the problem that the consumer reflects mainly concentrates in: The travel agency does not follow the contract to visit the scenic spot, changes the route randomly, the shopping arrangement is too many; the journey and the scenic spot in the concern consumer health safety problem handling is not timely, is not active; outbound tourism service due to reception work cohesion problem seriously affect the (Reporter Bailong Deng Junhu hongjiang)