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Depending on the circumstances, the claims can range from 10 percent to 30
percent of the amount the traveler paid the travel agency.
(1) If the travel agency is unable to operate the contracted tour after it
has received payment from tourists, it should inform the tourists three days
before the set-off date as outlined in the contract. In addition the travel
agency should pay 10 percent of the amount a tourist in compensation. For
outbound tours, notice of a tour cancellation should be given to tourists seven
days beforehand.
(2) If a traveler misses a train, flight or boat because of the travel
agency, his financial loss will be covered by the travel agency, and he will be
awarded 10 percent of the amount he paid the travel agency, as stated in the
contract.
(3) If a travel agency fails to provide services to the tourists, as laid out
in the contract, or the quality of the services is lower than those expressed in
the contract, tourists should be compensated by the travel agency the difference
between the value of the contracted services and the actual services provided,
plus the same amount in claims for breach of contract.
(3) If the guide of a travel agency fails to offer quality services according
to related industry rules, the travel agency he belongs to should pay the
tourists twice the amount they paid in advance to hire a guide.
(4) If the guide breaches the contract, resulting in financial losses for the
customer, the travel agency he is employed by must take full responsibility and
pay the full claim.
Guide malpractice includes changing, adding or deleting routes or programs,
increasing tourists' shopping time, selling or collaborating in selling fake
goods to tourists, and asking for tips.
If a guide deletes programs and changes routes, the admission fee for the
deleted scenic spots and the expenditure on the transportation should all be
paid by the travel agency as refund to the tourists, plus the same amount in
claims. If a guide adds to the itinerary outlined in the contract, such as
more meals, additional massages or other luxury entertainment, the travel agency
should cover the whole cost. If a guide arranges more shopping time than
contracted, the travel agency will pay 20 percent of what the tourists consumed
in the shop every additional shopping time. If a guide takes the tourists to
some souvenir shops not certified by the authority, all the financial loss
incurred, for example, from the fake goods or inferior quality, will be covered
by the travel agency. If a guide sells goods directly to the tourists, a full
refund should be awarded. If a guide asks for tips, the travel agency should
pay twice the amount he asked for. If a guide leaves the tour on his own and
the tourists don't know what to do at the destination, the travel agency are
required to pay all the tourists expenses during the time the guide was absent,
plus 30 percent of the amount the tourists paid the travel agency. (5) If the
travel agency arranges meals worth less than those contracted, compensation 20
percent of the price of the contracted meals should be paid. (6) If the
travel agency arranges hotels lower than the class outlined in the contract, a
refund of the difference between the real hotel room cost and the contracted
cost should be paid, plus 20 percent of the contracted room cost as
claims. (7) If transportation, such as planes, air-conditioned buses or
boats, is of a lower class than contracted, a refund of the disparity between
the real transport cost and the contracted cost should be paid, plus 20 percent
of the contracted transport expenditure as claims.
For the travel agencies who have informed the tourists of the possible
problems, or have dealt with the crisis in the best interest of the tourists,
the amount of claims can be minimized or exempted. |