What are the limitations on claims by a traveler who suffers any kind of financial losses due to the fault of the travel agency?

Date:2005-09-24 09:10

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.

Source:绍兴市政府