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Travel complaints shall be under the jurisdiction of the local tourism complaint handling agency at or above the county level where the travel contract is signed or where the respondent is located. If it is necessary to immediately stop and correct the damage of the respondent, it shall be under the jurisdiction of the tourism complaint handling agency in the place where the damage occurred.
Article 6. The higher-level tourism complaint handling agency has the right to deal with the complaint cases under the jurisdiction of the lower-level tourism complaint handling agency.
Article 7. In the event of a dispute over jurisdiction, the tourism complaint handling agency may negotiate and determine, or report to the common superior tourism complaint handling agency to designate jurisdiction.
Chapter III: Acceptance.
Article 8. The complainant may complain to the tourism complaint handling agency on the following matters: (1) It is believed 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 complainant and the respondent have a dispute due to force majeure or accidents that cause the travel contract to be unable to be performed or cannot be fully performed; (4) Other damage to the legitimate rights and interests of tourists.
Article 9. The following circumstances are not to be accepted: (1) The people's courts, arbitration institutions, other administrative departments, or social mediation bodies have already accepted or handled them.
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Tourism disputes are mainly based on mediation, and if the travel agency finds that the travel agency has violated the "Tourism Law" and other behaviors, it will impose administrative penalties on the travel agency in accordance with the relevant provisions of the Tourism Law.
Tourism complaints, refers to tourists, overseas travel agents, domestic tour operators in order to protect their own and others' legitimate rights and interests of tourism, to damage their legitimate rights and interests of tour operators and relevant service units, in written or oral form to the tourism administrative department to file a complaint, ask for instructions to deal with the behavior.
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1. Statute of limitations for complaints: 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.
2. Statute of limitations: If the complaint management organ receives a complaint or oral complaint, and after review, it meets the conditions for acceptance, it shall promptly investigate and deal with it; If the conditions for acceptance are not met, the complainant shall be notified of the inadmissibility within 7 days and the reasons shall be explained;
3. Statute of limitations for responding to a lawsuit: After the complaint management organ makes a decision to accept the complaint, it shall promptly notify the respondent. The respondent shall give a written reply within 30 days from the date of receipt of the notice;
4. Statute of limitations: The decision made by the tourism complaint management authority shall be notified to the complainant and the respondent within 15 days in the form of a decision on the handling of tourism complaints;
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 investment bridge celebration 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.
Article 9 of the Tourism Law of the People's Republic of China Tourists have the right to choose tourism products and services independently, and have the right to refuse the compulsory trading behavior of tour operators.
Tourists have the right to know the truth about the tourism products and services they have purchased.
The tourist has the right to request the tour operator to provide products and services as agreed.
17th and local people at or above the county level shall incorporate the development of tourism into the national economic and social development plan.
And the people of provinces, autonomous regions and municipalities directly under the Central Government, as well as the people of districted cities and county-level cities with rich tourism resources, shall, in accordance with the requirements of the national economic and social development plan, organize the preparation of tourism development plans. When the tourism resources that cross the administrative region and are suitable for overall use are utilized, they should be prepared by the people's organizations at higher levels or prepared by the relevant local people's consultations to prepare a unified tourism development plan.
18th tourism development planning should include the overall requirements and development objectives of tourism development, requirements and measures for the protection and utilization of tourism resources, as well as tourism product development, tourism service quality improvement, tourism culture construction, tourism image promotion, tourism infrastructure and public service facilities construction requirements and promotion measures.
According to the tourism development plan, local people at or above the county level can prepare special plans for the development and utilization of key tourism resources, and put forward special requirements for tourism projects, facilities and services in specific areas.
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Legal Analysis: In order to protect the legitimate rights and interests of tourists and tour operators, deal with tourism complaints in a timely and fair manner, and maintain the reputation of national tourism, these provisions are formulated in accordance with the relevant laws and regulations of the People's Republic of China.
Legal basis: Interim Provisions on Tourism Complaints of the National Tourism Administration Article 5 The responsibilities of the tourism complaint management authority of the national tourism administrative department are:
A) the development of national tourism complaint management rules and regulations and organize the implementation.
B) guide, supervise and inspect the tourism complaint management of local tourism administrative departments.
3) Complaints received may be directly investigated and handled, or may be transferred to the relevant departments for handling.
4) Accept applications for resumption of deliberation on the complaint handling decisions made by the tourism administrative departments of provinces, autonomous regions and municipalities directly under the Central Government.
E) commendation or commencement of the local tourism complaint handling work, the organization of the exchange of complaint management experience and information.
6) Other matters related to the management of tourism complaints.
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