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According to the "Interim Provisions on Tourism Complaints", the following statutes of limitations are stipulated:
1. Statute of limitations: The statute of limitations for complaints requesting legitimate rights and interests from the tourism complaint authorities is 60 days, and the statute of limitations for complaints is calculated from when the complainant knows or should know that the rights have been infringed, and if there are special circumstances, the tourism complaint management authority may extend the statute of limitations for complaints.
II. Statute of Limitations: Where a complaint management organ receives a complaint or an oral complaint, and upon review, it meets the requirements for acceptance, it shall promptly investigate and handle it; If the conditions for acceptance are not met, the complainant shall be notified within 7 days that the complaint will not be accepted, and the reasons shall be explained.
III. Statute of Limitations for Responding to Litigation: After the complaint management organ makes a decision to accept the complaint, it shall promptly notify the respondent. The respondent shall make a written reply within 30 days of receiving the notice.
Fourth, the statute of limitations: the tourism complaint management authority to make a decision on the handling of the complaint shall be in the form of a tourism complaint handling decision within 15 days to notify the complainant and the respondent.
5. Statute of limitations for applying for reconsideration: If the complainant or the respondent is dissatisfied with the decision or administrative penalty decision made by the tourism complaint management authority, he or she may apply for reconsideration to the tourism complaint management authority at the next higher level of the handling authority within 60 days.
Also, how to write a complaint letter. Namely:
1) The subject matter of the complaint;
2) the investigation and verification process;
3) Basic facts and evidence;
4) Responsibilities and handling opinions.
The tourism complaint management authority shall review the written response of the respondent.
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I was passing by on a mission.
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Legal analysis: Complaints must be submitted to the Tourism Quality Supervision Institute. The China National Tourism Administration stipulates that the time limit for accepting complaints is valid within 90 days from the date of the incident.
On the basis of ascertaining the facts and clarifying the responsibilities, the Tourism Quality Supervision Institute will mediate the cases that can be mediated within 30 days and facilitate the two parties to reach an agreement. After the decision of the quality supervision potato Jingxiao made a decision, the two parties issued a "travel agency quality deposit compensation decision", the parties are not satisfied with the decision, within 15 days after receiving the notice to the tourism quality supervision of the higher level of appeal, or to the people's court to appeal.
Legal basis: Article 92 of the Tourism Law of the People's Republic of China stipulates that disputes between tourists and tour operators can be resolved through the following channels: (1) negotiation between the two parties; (B) to the consumer association, tourism complaint acceptance agency or relevant mediation organization to apply for mediation; (3) Submit to an arbitration institution for arbitration in accordance with the arbitration agreement reached with the tour operator, and (4) file a lawsuit with the people's court.
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Tourism Zen rights protection is one of the ways to protect consumer rights and interests. Ways to protect the rights of tourism: If the tourist has evidence to prove that the tourist has suffered losses due to illegal acts such as coercion and deception of tour guides and tour leaders, he can file a lawsuit with the relevant court and request the travel agency to bear the liability for compensation.
If the tourist buys fake and shoddy goods, the tourist can sue the seller to the relevant court in accordance with the law, and request the seller to bear the corresponding liability for compensation or call the complaint of the Industrial and Commercial Bureau of Dangjin to take the local industry and commerce**12315. Precautions for tourism rights protection: If you encounter a travel dispute during the trip, you can first communicate with the tour operator, tour leader or tour guide of the tour operator, and then contact the tour operator to ask for proper handling.
It is necessary to reflect their opinions and suggestions to them in a timely manner, and listen to the reply of the travel agency before making a decision.
Legal basis: "Measures of the People's Republic of China for the Handling of Tourism Complaints": Article 8 The complainant may complain to the tourism complaint handling agency for the following matters:
1) It is considered that the tour operator has violated the contract;
2) The complainant's person or property is damaged due to the responsibility of the tour operator;
3) The travel contract cannot be performed or cannot be fully performed due to force majeure or accidents, and the complainant and the respondent have a dispute;
4) Other damage to the legitimate rights and interests of tourists.
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If tourists encounter quality problems in the process of traveling, they can complain to the tourism quality management department, but they need to pay attention to the following points before complaining:
First, there is no complainant, who should be a party or a legal person whose legitimate rights and interests of tourism have been directly infringed;
Second, the content of the complaint and the compensation request should be in line with the scope of the complaint trial;
Third, the complainant should have a clear target of the complaint, a specific compensation request and a solid basis for the event;
Fourth, when the complainant goes through the complaint registration procedures, he shall provide the travel contract (agreement), group payment receipt, travel itinerary and related complaint materials;
Fifth, the time limit for complaining to the tourism quality management department is 90 days, and the expiration period is calculated when the fact of infringement occurs by the applicant, and the request for exceeding the statute of limitations will not be accepted.
1. How to deal with the malicious registration of trademarks?
When a trademark is preemptively registered in bad faith, the correct way to deal with the dry auspicious code is:
First of all, the dispute will be handed over to a professional lawyer to deal with, after all, the professionalism of intellectual property rights is strong, and the general business is unable to deal with such a problem, please ask a lawyer to protect their legitimate rights and interests, if it really constitutes infringement, you must also wait for the confirmation of the law, subject to the result of the law.
Second, choose to resolve the matter through proper legal means. In fact, the malicious complainant itself has malicious intent, and does not dare to claim rights in a fair and open manner, and is more reluctant to go to the court to litigate than the business being complained, therefore, there is no need to worry about the adverse consequences of litigation, let alone choose private, the correct way to deal with it is to take the legal route, use the law to protect their legitimate rights and interests.
Finally, if the malicious complainant's behavior causes losses to himself, the complainant will be held legally responsible, so that the complainant will not dare to use the hidden identity to spread rumors and cause trouble, disrupting the normal operation of the business.
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Legal analysis: Complaints must be submitted to the Tourism Quality Supervision Institute. The China National Tourism Administration stipulates that the time for accepting complaints is valid for 90 days from the date of the incident.
On the basis of ascertaining the facts and clarifying the responsibilities, the Tourism Quality Supervision Office will conduct mediation within 30 days for cases that can be mediated, and promote the two parties to reach an agreement. After the quality supervision institute makes a decision, the two parties will issue a "travel agency quality deposit compensation decision", and the parties are not satisfied with the decision, they can appeal to the tourism quality supervision office at the next higher level within 15 days after receiving the notice, or file a complaint with the people's court.
Legal basis: Tourism Law of the People's Republic of China
Article 92 Disputes between tourists and tour operators can be resolved through the following means: (1) negotiation between the two parties; (B) to the consumer association, tourism complaint acceptance agency or relevant mediation organization to apply for mediation; (3) Submit to an arbitration institution for arbitration in accordance with the arbitration agreement reached with the tour operator; (4) Initiating litigation in the people's courts.
Article 93 Consumer associations, tourism complaint acceptance agencies and relevant mediation organizations shall, on the basis of their own volition, mediate disputes between tourists and tour operators in accordance with the law.
Article 94 In the event of a dispute between a tourist and a tourist operator, and the tourist has a large number of people and a common request, a representative may be elected to participate in consultation, mediation, arbitration and litigation activities.
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Your complaint should generally be submitted in writing to the "Quality Inspection Institute" in the form of a complaint. If you have difficulty writing, you can also dictate, and the tourism complaint authority will take a note and sign it. Either way, there are a few things you should do with your complaint.
Otherwise, the "Quality Inspection Office" of the Tourism Office may not accept the application.
1. Your complaint must be made within 60 days from the time you knew or should have known that your interests had been infringed. You can file a complaint in the place where your interests have been violated or when you return to your place of residence.
2. You must specify the specific object of the complaint that you believe has caused damage to your interests. For example: travel agencies, tour guides, hotels or all of them. At the same time, their exact names or names and locations should be indicated.
3. You should also write down the specific complaint request. For example: compensation for economic losses, demand for liability for breach of contract, etc. Of course, we should seek truth from facts.
Based on this, at the time when your interests are harmed (generally in the middle of a tour, in a foreign country), you should collect relevant supporting materials. If you have already returned to the starting point, it will be very difficult for you to collect these materials. Favourable and strong evidence is the basis for the success of your complaint.
5. You should also indicate your name, gender, nationality, occupation, age, company name and address in the complaint.
Measures for Handling Tourism Complaints
Article 3 tourism complaint handling agencies shall handle tourism complaints within the scope of their duties.
Local tourism administrative departments at all levels shall, under the leadership of the people, establish and improve the working mechanism of the relevant administrative departments to jointly deal with tourism complaints.
Fourth tourism complaint handling agencies in the handling of tourism complaints, found that the respondent or its employees have violated the law or criminal acts, shall, in accordance with the provisions of laws, regulations and rules, make administrative penalties, to the relevant administrative departments to propose administrative penalties or transfer to the judicial organs.
1. Scope of tourism complaints.
1. You believe that the tour operator is not providing a tour service of the right price and quality.
2. You believe that the tour operator has not fulfilled the contract or agreement. (About the tour contract).
3. You believe that the tour operator intentionally or negligently caused your personal injury.
4. You believe that the tour operator intentionally or negligently caused damage to or loss of your baggage.
5. Employees of tourism business units accept kickbacks and ask for tips without permission.
6. You believe that the tour operator has defrauded you and damaged your interests.
7. All other events that you think will damage your interests.
Here are some things you should do before you travel. First of all, for the personal and property safety of yourself and your family and friends, you must take all kinds of precautions, and remember the local embassy for help** in case of accidents. Before you decide to travel, go through the corresponding documents, and local immigration procedures, and then pack your bags according to the local geography and temperature. >>>More
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Garbage Tuniu, I went from Chongqing to Jiuzhaigou for two days, 3060 a person, really a pit person, not including tickets, overlord terms, and no food, more expensive than going abroad, or what a special car, the driver is not a person, it is completely a fraud, more pit people than entering the store with a group, said that the fare is 200, but when it comes to giving money, it will be 280, he is Tibetan, and we dare not give it, specially pull us to buy rhodiola rosea in expensive places, speaking of altitude sickness to kill people, pharmacies generally a box of rhodiola 45, He brought it to 230, pit our money and let him buy medicine to eat, never to travel to Tuniu in the future, he had a good attitude before he paid the money, and he changed after paying the money, and he didn't care, what pit people Tuniu.com,
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