Mr. Wu signed up for the "Guangzhou Panyu Style One-day Tour" organized by a travel agency in Qingyuan, paid the tour fee and signed the contract. During the itinerary, due to weather reasons, the tour guide canceled one of the attractions with the consent of the entire group. At the same time, the tour guide temporarily changed two shopping spots without the consent of all tourists, which led Mr. Wu to complain because he thought the tour guide had changed the itinerary and added shopping spots without permission. During the itinerary, due to a conflict with the tour operator, it was impossible to arrange travel activities according to the original itinerary. The tour guide temporarily adjusted two shopping points without the consent of the entire group of tourists, which led Mr. Wu to believe that two shopping points had been added. . Later, due to weather reasons, one scenic spot was canceled after the tour guide sought the consent of the majority of tourists in the group. Mr. Wu asked the travel agency to refund the tour fee and complained that the tour guide changed the itinerary without authorization, infringing on the legitimate rights and interests of tourists.
After coordination, the travel agency refunded Mr. Wu’s tour fee and apologized. The tourism quality supervision and management department imposed administrative penalties on tour guides for changing their itineraries without authorization and decided to impose a fine of 10,000 yuan.
Lawyer’s Tip:
This case does not provide whether the sales price of the line product complies with the provisions of Article 35, Paragraph 1 of the Tourism Law. In view of the fact that the focus of this case is to analyze its Whether it violates the provisions of Paragraph 2 of Article 35, we will not analyze the issue of sales price for the time being.
There is no information in this case to show that the travel agency fully respected tourists’ right to independent choice when arranging the original shopping destination, which violated Article 9 (Tourists’ right to independent choice) and Article 30 of the Tourism Law The provisions of paragraph 2 of Article 5. The travel agency's unauthorized change of two shopping spots in the itinerary violated the provisions of Paragraph 2 of Article 41 of the "Tourism Law" and constituted an unauthorized change of the itinerary. According to the provisions of Article 100 of the "Tourism Law", the tour guide may be fined 2,000 A fine of RMB 20,000 to RMB 20,000. Therefore, the above-mentioned punishment for the tour guide is appropriate. In addition, travel agencies should refund the reduced attraction fees to tourists in accordance with Article 67 (2) of the Tourism Law.