Hear the correct travel disputes, according to trial practice, the enactment of this interpretation.
a judicial interpretation of the scope of judicial interpretation
【first】 The interpretation of the scope of disputes referred to the tourism, is the tourists and tourism service providers for breach of contract between disputes or infringement disputes, including tourists and tourist accommodation, transport, sightseeing, shopping, entertainment and service elements to provide ancillary disputes or breach of contract between the infringement dispute.
second】 【jurisdiction disputes by the Tourism Tourism origin, destination, travel dispute, the defendant has its domicile jurisdiction of the Court.
subject of litigation with third parties】 【tourists to breach of contract cause of action to prosecute a direct line travel service providers as the defendant; tourists to infringement prosecution cause of action, only the prosecution of tourists travel service providers, travel service providers listed as a defendant and prosecution of tourists only travel service providers assisted, assisted travel service providers listed as a defendant, both tourists and tourism service providers charged , and prosecution of supplementary tourism services providers, both listed as co-defendant.
Article】 【units and units of family travel and tourism service providers to enter into a contract, the flight of tourists during the individual event of damage, the injured who brought the action of breach of contract, the column unit is the plaintiff; infringement complaint brought the injured person, the individual plaintiffs listed tourists. more individuals were indicted by the damage, the column that it is co-plaintiff.
a member of the family and Tourism service providers enter into a contract, individual tourists and tour the damage process, the injured person filed the action of breach of contract, signing people out the plaintiff; infringement complaint brought the injured person, the individual plaintiffs listed tourists, more than one person damage to both the lawsuit, the plaintiffs listed it as common.
【Article】 competing claims the right to travel service providers for breach of contract, against the tourists, personal and property interests, tourists have the right to select the required travel service providers liable for breach or tort liability.
Second, tourism, Article VI of contracts
invalid】 【Disclaimer travel safe harbor provisions of the contract meet the Tourism service providers should be invoked to waive the responsibility of the people's court shall not support.
Article】 【format interpretation of the contract parties to a contract for travel form the understanding of the contents of the contract dispute, the people's court shall make party provider is not conducive to the interpretation of the contract.
offer】 【Article VIII of tourism products to sell advertising and promotional material for the solicitation of an offer, but the travel service provider for the tourism product descriptions and promises specifically identified, shall be regarded as an offer.
Third, tourism, performance of the contract
Article IX 【tourism service providers under a contract for travel services provider shall provide in accordance with the standards stipulated in the contract travel services. does not meet the contract standard, the right to request to take tourists appropriate remedial measures or compensation for the loss of tourists. due to significant impairment, which travel service damage to the interest of tourists, tourists have the right to terminate the contract and requested travel service provider liability.
obligations under Article alerts 【Description】 tourism service providers should provide tourists with the requirements of personal and property security needs of the service, travelers are likely to endanger persons, property safety of the tourism project, it should be made prior instructions and warnings to tourists.
tourism service providers not fulfill this, warning tourists obligation to cause the loss of personal property, shall be according to their degree of fault, liability.
Article XI】 【obligation to assist during the tour, tourists for their own reasons of personal injury, property damage and tourism service providers should assist in dealing with tourists, the cost burden from the tourists.
tourism service provider does not perform to assist obligations, resulting in tourists personal injury, property damage expansion, tourism service providers should respect the loss of part of the expanded based on the degree of fault liability for tourists.
【Article XII under a travel insurance service providers should apply for travel insurance for tourists.
travel service provider fails to fulfill the duty to insure personal injury caused to the tourists and property losses, should the interests of tourists can enjoy a range of insurance liability.
Article XIII 【lawsuits in the insurance company to provide travel services for tourists who have insurance travel accident insurance, the insurance event occurred When tourists travel service providers prosecution, the court may be listed as the third party insurance companies.
Article XIV】 【contractual obligations after the tour began, tourism service providers to terminate the contract, and travelers can request Travel service providers are paid in advance fees to return the original point of departure. travel service provider requests payment and interest repayment of the pads, the people's court should be supported.
four changes to the contract the contract under Article XV
content modified by the increase or decrease in the tourism project contract shall obtain the consent of tourists.
Article XVI Mission】 【turn tourism service providers in ensuring standards are not reduced under the premise of tourism services, you can travel before the start of the tourists go to other tourist service providers, but the contract should be re-signing tour.
tourism service providers and tourists, tourism is not re-entered into the contract, the original transferee tourism service providers and providers of tourism services jointly and severally liable tourists.
tourists do not agree with the transfer, the right to terminate the travel contract, but shall promptly inform the tourism service providers.
Article XVII to change the contract】 【tourists before the deadline in the contract , tourists can travel contract in the rights and obligations to a third party, travel service providers not to be unreasonably refused. travel service provider and the additional costs can request payment of tourists; thus reducing the cost of Tourists can not ask for refund.
V. Termination
Travel Article XVIII】 【tourists travel contract to lift the lifting of the travel contract, the contract shall be compensation for travel service suppliers so the directly loss, but does not comply with the contract travel service quality standards or changes in travel tourism service providers to terminate the contract, except the contents.
Article XIX】 【Before termination because of exceptional circumstances in which tourists can participate in the tour and the proposed termination of the contract and tourism service providers to pay the reasonable costs of the request, the people's court should be supported.
Diershitiao 【】 tourism service providers to terminate the contract due to natural disasters, social events and other causes of force majeure purpose of the contract can not be achieved and tourism service providers have the right to lift the travel contract. tourism service providers to terminate the contract, shall be returned to the corresponding costs of tourists.
six, liability and damages for breach of Article Where the tourists
compensation 】 tourism service providers responsible for violations caused by tourists tourists claim compensation for direct losses, the people's court should be supported.
Article two personal and property damages】 【travel service or travel service providers to provide auxiliary are not entirely within the reasonable limits of safety and security obligations, resulting in tourists suffered personal property damage, shall be liable for damages.
Article Whoever provides support services to tourism caused by the tourists because of default】 travel accommodation, transportation, sightseeing, shopping and entertainment elements of the support services provider is not in accordance with the travel contract to provide the corresponding travel services, travel service providers should be held liable for breach. its responsibility, it can provide support services to the travel recover their losses, tourists should be necessary assistance. If necessary, the court may provide additional support services who travel to a third party.
twenty-four stroke treatment】 【change service providers without reducing travel itineraries Missing tourist attractions, tourists travel service provider the right to request to continue the contract, or compensation for its completion of the missing tourist attractions attractions tickets and travel expenses and other normal expenses.
【Twenty-five parties have voluntarily organized Tours the process of self-help Tour in serious injury or death of one of the parties, through no fault of other parties, may order the other party to bear the compensation liability. But the spirit of the victim for damages, the people's court shall not support.
twenty-six 【Traffic incident handling】 Tourism in traffic accidents, not attributable to the travel service provider, it does not bear the liability. travel service provider and vehicle for the driver of the vehicle not entirely prudent selection of those obligations, it should be with the infringer liable for compensation.
twenty-seventh Article, train, flight delay or cancellation of travel service providers】 scheduled train, flight delays or cancellations caused by the loss of tourist interest. travel service provider shall assist the tourists claim. For the resultant shortened tours, travel service provider shall not be liable for compensation, but shall be returned to the corresponding costs.
tourist attractions in the twenty-eighth Article, the treatment of injury】 tourists attractions in the event of damage, not attributable to the travel service provider, it does not bear the liability.
twenty-ninth tourism service providers Article, the exemption】 one of the following circumstances, tourism service providers to claim exemption from all or part of the responsibility the people's court should be supported:
(a) not attributable to a third party against the other travel service providers causes visitors personal and property rights are being infringed;
(b) the tourists their own reasons;
(c) Force Majeure.
third ten】 【mental damages for breach of contract providers of travel services to tourists is not agreed upon purpose of the contract, tourists claim damages the spirit of the people's court should be supported.
第三十一条 【guides, leader】 tourism service providers should ensure that tour, the team leader qualifications with the state to ensure the quality of its services meet contract standards. because of guide, leader of the reasons not to perform the contract or the performance of the defective and tourism service providers shall be liable.
guide, the team leader position in the tourism activities in the behavior of the damage caused by tourists, tourism service providers shall be liable for compensation; tour, the team leader because of gross negligence or intentional harm tourists shall be and travel service providers liable for compensation. travel service providers liable for compensation, you can to guide recovery team leader.
thirty-second shopping articles which deal with disputes arising from disputes】 tourism and shopping, if shopping, travel service providers by the selection and purchase led by the tour guides to tourists the legitimate rights and interests infringed shopping, travel service providers lazy shopping to fulfill the responsibility to help pursue the obligation, the court may sentence tourism service providers so Xianhangpeifu.
tourists stress due to travel service providers, lured shopping suffered wrongful act, request travel service providers liable, the people's court should be supported.
third thirteen double compensation fraud】 【tourism service providers to provide services for tourists fraud resulting in tourists purpose of the contract can not be achieved, in accordance with the br> Thirty-fourth Article, property damage】 tourists in the tourism lost belongings during the service providers requesting compensation for travel, tourism and commitment to hosting service providers, the people's court should be supported.
baggage of tourists In the plane, train, lost in transit by rail, according to the aviation sector, lost tourists who request compensation for travel services, the people's court should be supported. travel service provider liability for travel agent or travel in the course of procedures, tourism service providers to properly care for obligations not entirely lost, damaged tourist documents, procedures, or procedures for travel agency service providers fault of the defects, tourism service providers should be actively to help travelers go through relevant procedures and formalities required to bear the direct costs and other reasonable expenses should be paid.
tours of the above acts, the travel service provider shall indemnify the losses caused to the tourists. < br> integrity of the thirty-sixth Article, under a party to the contract breach occurred due to loss of tourism, the non-defaulting party shall take active measures to support the party in breach to prevent the losses. not to take timely measures so that the additional losses, on the expansion of the loss should bear the responsibility no right to demand compensation for the defaulting party; but to prevent further loss and reasonable expenses incurred by the party in breach shall.
seven Tours
individual entrusted with the thirty-seventh Article, visitors to a single individual matters entrusted】 tourism service providers commissioned by booking air tickets, train tickets, hotel accommodation, hotel from the airport or train station transfers, attraction tickets, concert tickets and other individual services, travel services provider default, in connection with the commission contracts entered into by the tourists agreed fiduciary agent liable for breach of the range of services.
thirty-eighth Article, agent visa travel due to any reason not attributable to the service provider to the causes of failure to obtain a visa or a tourist destination by immigration authorities abroad to prevent immigration disputes, tourism service providers in the tourism contract clearly stipulates that the fiduciary agency relationship, the People's Court should apply when the accommodation providers and tourists only travel expenses to and from the process of combination of the personal self-tourism and property damage does not take responsibility, but otherwise provided by laws and regulations, or unless otherwise agreed by the parties.
terms of the fourth ten 【intermediate ban】 travel providers in the contract, assist with tourism service providers and intermediary relationships between tourists avoid its responsibilities, the terms null and void.
eight, the effective time of the fourth
eleven】 【effective time of the interpretation of the years from 2009 years after the date of implementation of the new .2009 travel disputes the admissibility of the first instance, apply the provisions of this interpretation. have been made to force the referee's tourism law disputes for retrial, not applicable to the interpretation of requirements.
in the interpretation of the entry into force before the promulgation of the purposes of judicial interpretation, and its contents are inconsistent with this interpretation to the interpretation shall prevail.
law exempted from liability given complete immunity from responsibility
book
a book, General
the activities of self-help non-profit tourism activities, with a certain degree of risk, and different from the business activities and travel group travel. The letters of responsibility for the activities of immunity, the right to give up , risk and liability to make any agreement to give up so. participate in this event, please read carefully, according to the responsibility of the contents of the book involves self-restraint.
1, all participants of the event must purchase accident insurance ( Social Security is not).
2, where the registration as this event caught people have full civil capacity, as in the activities of the consequences of personal injury occurred, manager, organizer assumes no liability for fault by the injured who according to the law and the law books to resolve the waiver of liability. on behalf of the other applicants, who were enrolled as being on behalf of personal injury, team leader, through no fault of the organizers do not bear the liability according to law by the injured person and the waiver of liability address book according to law. violations of personal rights of others or property rights, or other related crimes is not within the scope of this exemption, must bear the corresponding legal responsibility.
3, the activities of-pocket expenses and activities have a certain difficulty and danger, the participants should pay attention to their own safety, the team leader is only responsible for the Wizard, does not bear any legal and financial responsibility.
4, activities related to the activities of wading, participants must first clearly affirm their ability to swim, dive let people know that the organizers and peer; not swim, divers must bring their own life-saving tool, not a separate wading diving and are not swimming, diving.
5, outdoor activities, it may face a real risk of being injury or even death. These risks include, but are not limited to force majeure events, and others such as snake bites, heat stroke, sudden physical illnesses and so on. travel en route to take any means of transport are produced by accident has nothing to do with the organizers. Participants understanding of the risks listed above do not fully encompasses the activities of all the possible risks, and agree to these risks Ruoyin person is injured by its own corresponding responsibilities, and the organizers, independent leader.
if the participants do not accept the above terms, please exit the event before the event.
Second, the leader of the rights and obligations
1. Leader entitled under the weather, equipment, physical factors such as staff refused to have signed up to participate in The final decision to participate in activities and personnel;
2. Leaders have the right to cancel or change the actual situation plan;
3. an obligation to maintain the team's overall leader, if necessary, have the right to advise players without organization and discipline their safety to leave the team.
4. tour obliged to leave their team of voluntary safety organizations, leaving the team, leaving the team obliged to discourage unsafe behavior.
5. Leader obligation to deal with emergencies, for medical care, such as bleeding , artificial respiration and other medical measures are not liable.
6. leader who does not bear any legal responsibility.
7. leader no authority to bind any person of full capacity right of personal liberty.
three players rights and obligations
1. players have the option to participate or withdraw from the event, but quit when the team leader must obtain consent from the team forced to leave their own from the time when all ties.
2. players have the right to inform the team leader any issues themselves.
3. members an obligation to set a specified time, date not wait!
4. members of an obligation to obey the leader arrangements must be subject to record activities on the state of emergency treatment requirements.
5. to have team spirit and safety, environmental protection and fire prevention awareness, promote self-help and mutual support necessary to combine outdoor concept. in the activities to achieve the majority, individuals subject to the overall.
6. any one team member should be based on: unpredictable factors such as acute illness, causing bodily harm, accompanied by an obligation to render assistance, but if the cause irreversible damage to other team members do not assume any responsibility.
IV, organization filing
1. Disclaimer Disclaimer: Activities for the self-service, non-profit activities. costs clear, and all self-help. participants for their actions and consequences. In addition to the responsibility of team leader and to accept that all costs of supervision and control, but does not have any risk by the event itself and to the way the risk of circuit responsible for the consequences arising.
2. dangerous statement: outdoor sports have certain risks and unpredictable nature, be sure to consider carefully according to their own conditions, care to attend. Participants must be at least eighteen years of age and physical health, physical activity had no effect on disease.
3. led the way Description: Registration is affixed to the itinerary in the general travel team, team leader from which to organize and coordinate the travel speed; put the strongest team physically In the latter team, the weakest in the squadron physical, dangerous sections of the first Pathfinder leader; members serious physical or why he did not need to stop moving because of unforeseen circumstances, the right leader to help organizations to enable them to move on reducing the burden or organizational security escort descent. members due to non-manual or emergency reasons themselves leaving the team leader of the right to dissuade and discourage ineffective treatment by force leaving the team.
4. a state of emergency treatment: experience of natural disasters, all members must unconditionally obey the leader of command, confirm the safety team leader before making organization descent. encounter a fire robbery, rescue all the team members should be carried out effectively, rapidly and 110,119 invalid when such contact. encountered acute diseases, team activities were suspended, terminated or until disease symptoms are medical team assistance to continue. experience tired, according to members of the situation, in recognition of the place can be safely back to the city part of the organization by the leader of descent. encounter sudden change in weather, according to the team situation, in recognition of the place can be safely back to the city organized by the group leader descent.
V. Other
1. no civil capacity or with limited capacity for civil conduct, declined to participate. without civil capacity or with limited capacity for civil conduct by means of deception or concealment to enroll Force Quit immediately upon discovery, before exiting by itself responsible for any problems, nothing to do with the promoters.
2. The activities of members, please get along and exchange-based, not evil because of the relative and cause anything from trouble, fighting behavior.
3. to participate in activities, they must communicate in advance with their families to obtain understanding and support of family members, while aware of and agree to the disclaimer.
4. on behalf of the other applicants, must provide on behalf of those who were to join and leave a copy of ID card and the power of attorney or providing the correct ID number for the record the real, by the application on behalf of others who were Disclaimer bring this application on behalf of the participants were signed and confirmed, such a situation The following are the participants on behalf of the application, such as personal injury suffered, or the activities of the promoters of liability does not assume the same.
5. The activities of security after the event of any dispute between the members are members of the disputes between individuals, nothing to do with the event organizers.
5. This disclaimer 』『 unforeseen accidents are not listed according incidents, > the original one copy of this agreement, on file by the organizers, all participants voluntarily signed this agreement immediately after undertaking legal effect. sports safety after the team the right to supervise the destruction of personal data organizer.
seven commitment to the organizers of the book
I solemnly promise: I have read and agree to these terms, in the In the event the event of personal injury and damage to the consequences of ancillary equipment, all by my own independent solution.
Forum ID: Real Name:
ID number: Tel:
Emergency Contact Name: Emergency Contact Phone:
commitment Signature:
________ ________ day of _______ month
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