What impact do tourism regulations have on the development of tourism?

Case Analysis of Tourism Regulations (1) l After obtaining the "International Travel Agency Business License", an international travel agency in Beijing organized an outbound tour - a 14-day tour to Thailand, Hong Kong and Macao, and 16 people from Zhang signed up to participate. This travel agency was in a hurry and didn't compare options with local pick-up agencies, so it just randomly found a Hong Kong travel agency. Due to poor organization of local tour operators, there are no local tour guides on the Thai section, and many scenic spots cannot be visited. After Zhang returned to Beijing, he went to the Beijing travel agency to file a claim. The agency argued that it was not our responsibility. Zhang went to the Tourism Quality Supervision Bureau to complain and found that the quality guarantee deposit paid by the travel agency was only 600,000 yuan. l I would like to ask: Is the travel agency’s defense correct? l If the travel agency is unable to compensate, is the quality guarantee deposit applicable? (2) l In order to prepare for summer vacation travel, a travel agency organized a trip to a newly developed island in Shandong. In the organization, in order to ensure a certain profit, the agency facilitates other local travel agencies to negotiate a unified price, which is much higher than the cost price. Later, more than 30 people were organized to go. This scenic spot is definitely beautiful and makes people forget to leave. Many tourists are very interested in taking pictures. Two of them climbed up a strange and steep mountain. As a result, they became unstable and fell, causing fractures. After the two returned home, they went to the travel agency to claim compensation. The travel agency argued: "This is the reason why the tour guide did not give a reminder and has nothing to do with our agency. After investigation, it was found that the tour guide did not give a reminder, so they asked these two people to claim compensation from the tour guide." Then go to the Quality Supervision Bureau to complain. l 1. Is the deposit applicable? l 2. What violations did the travel agency commit? (3) A travel agency in Beijing organized a two-day trip to Xingcheng. , the price was 198 yuan/person. Three of them, Li, signed up. The contract was well written, but after getting on the bus, they found that the "luxury air-conditioned vehicle" listed in the contract had changed to Beijing Bus (Private Passenger). I found that the accommodation was changed from "three-star double standard" to "two-star quadruple room" with a shared bathroom. During the tour, the tour guide Ma said: "The three ABC attractions arranged by the travel agency are not fun, and Xingcheng has just developed a D attraction. It’s more fun and recommended to go. The tourists were very excited and everyone went there. At this time, the tour guide said that in order to commemorate the development of scenic spot D, a set of stamps was launched locally for 60 yuan, but he could buy it from her for only 45 yuan. The tourist was quite annoyed because the accommodation, entertainment and transportation during the trip were not good. After returning to Beijing, he asked the travel agency to compensate half of the travel cost (99 yuan). The travel agency explained: "Xingcheng is a newly developed city, and many supporting facilities are not perfect. And because it is the peak season, we cannot book rooms with three stars, but can only book rooms with two stars. The reason why luxury air-conditioned cars are converted to regular passengers is because of the transportation company. A claim should be made to the transportation company. The room price is 80 yuan, and our company can refund the room price difference of 40 yuan. Is the company’s argument reasonable? And what kind of compensation should be paid? 2. What is the quality guarantee for Ma? How to deal with violations? l 3. If the tour guide refuses to accept the review, does he have the right to file a reconsideration and lawsuit? l 4. When the tour guide files for reconsideration, Ma claimed that the tour guide has the right to adjust or change the reception plan during the tour. , the administrative department has no right to punish. As for selling goods privately, she accepted the punishment. Is Ma’s defense correct? (4) l Li, a third-year student majoring in Korean at a foreign language university, has always been interested in the tour guide industry. Junior year, but none of them were successful. I went to an international travel agency A during the summer vacation to gain some practical experience for the next exam. The international travel agency was very busy and entrusted Li to be a tour guide. He was caught by the administrative law enforcement department once. l 1. What violations should the administrative law enforcement department handle? l 2. Li was dissatisfied and felt that he was hired by the travel agency. l 3. If the group led by Li is changed to Korean tourists, can the travel agency hire a tour guide? According to regulations, the tour guide immediately reported the incident to the travel agency. "No, if the child goes with the group, the parents will pay for it." It was agreed that the original fee would be 3,200 yuan/person, and that for children would be 2,000 yuan/person. "When the group arrived at the Kunming World Expo, the tour guide proposed that because the Expo ticket price was not included in the 2,000 yuan price tag, each of the four children should pay half of the ticket price, 50 yuan. The teacher disagreed, thinking that the tour guide was suspected of being secretive, and the tour guide was annoyed. One of the teachers called 110 to call the police. The local escort took the others to the tour first. The whole escort got more and more angry and called the travel agency to ask for permission to return. A teacher believed that the tour guide had terminated the tour guide service and complained to the Quality Supervision Bureau after returning to Shanghai. l Is the tour guide’s behavior considered a termination of the tour guide contract? Tour guide service. When he was a tour guide in Zhejiang, he was caught by local law enforcement officers and the reason was that tour guides must be appointed by travel agencies, and tour guides are not allowed to privately or directly engage in tour guide services l 1. , I would like to ask if Xu has the right to file for reconsideration if he is not satisfied.

l 2. Is Xu’s behavior privately contracting tour guide business? If so, how should it be punished? (7) l A tour guide took a Hui ethnic group. During the tour, the tour guide expressed his incomprehension to the tourists’ requests for worship and other folk customs, and often spoke language that did not respect the Hui folk customs. Therefore, the group planned to file a complaint with the Tourism Bureau. After learning about it, the tour guide cursed the tourists and insulted their dignity. l 1. What violations did the tour guide commit? l 2. How to deal with the tour guide’s violation? (8) l Qian from a travel agency in Suzhou took a group to travel to Changbai Mountain. This is late summer and early autumn. Before climbing the mountain the next day, a tourist asked Qian if he needed to wear more clothes. Qian said no, he could travel light. The group of people climbed to the top smoothly. The next day, when the temperature dropped, three tourists suffered from frostbite. One of them had severe frostbite on his nose. He asked the tour guide to deal with it. The tour guide said that it was caused by the three of you not keeping warm by yourself, so he had to deal with it himself. After the three returned to Suzhou, they filed a claim with the travel agency. The travel agency does not admit responsibility and should find the tour guide to take responsibility. l 1. Can the travel agency not be held responsible? l 2. The travel agency found that this excuse was not working, and came up with another plan, saying that the weather in Changbai Mountain was force majeure and had nothing to do with the agency. Yeah? l 3. Seeing that there was no hope of claiming compensation, the tourist submitted a warranty claim to the Quality Supervision Bureau. Is this applicable? l Is it covered by travel liability insurance? l The tourists are still upset and demand that the tour guide be punished. What violations did the tour guide commit? How to punish? (9) l The Shanghai Railway Bureau organized old employees to go to Huangshan for recuperation. Ma was 72 years old. Because the opportunity was rare, he took his grandson with him. We took a night bus to get there. When we arrived, Ma had passed away in the carriage, and his family filed a claim with the travel agency. l 1. Is quality deposit applicable? l 2. It was found that the old man suffered a heart attack due to fatigue and died at 0:20. Is travel liability insurance applicable? (10) l A tour group went out for a trip and Zhang lost his mobile phone while shopping. Is it covered by the warranty? If the tour guide and travel agency do not remind you, does it belong? (11) l In 1997, Wang, a tour guide from an international travel agency, was tried by the People's Court for the crime of negligent injury. Because of the minor nature of his behavior, he was sentenced to be exempted from criminal punishment. In 1998, because the tour guide coerced tourists into spending money while leading a group, the tour guide's license was revoked by the tourism administration department in accordance with the law. In 2005, Wang took the tour guide qualification examination and passed it, and obtained the tour guide qualification certificate. But when he applied to the tourism administration department for a tour guide certificate, he was rejected by the tourism administration department. Wang was dissatisfied with this specific behavior of the tourism administrative department and applied for reconsideration to the first-level tourism administrative agency in accordance with the law. Please use the legal knowledge you have learned to answer the following questions: l (1) Can Wang apply to the previous tourism administrative agency for reconsideration of the tourism administrative department's refusal to issue a tour guide certificate? What is its legal basis? l (2) Is it correct for the tourism administrative agency to refuse to issue a tour guide certificate to Wang? What is its legal basis? (12) l In June 2006, tour guide Xu was appointed by an international travel agency to serve as a tour guide for a French tour group to China. During the travel tour. Xu saw that the camera carried by a tourist was small and exquisite, and had complete functions. After asking, the camera was cheaper in France than in China, so he discussed with the tourist and purchased the camera. Later, he was punished by the tourism administration department for this matter. Please use the legal knowledge you have learned to answer the following questions: l (1) Can tour guide Xu purchase items belonging to foreign tourists? Why? l (2) According to what regulations did the tourism administrative department punish Xu? What are the specific regulations? (13) l A tourist goes to a travel agency to book a room, and pays 200 yuan to the travel agency for a two-star double standard stay, and a handling fee of 10 yuan. At this time, when the tourist is staying, he finds that the hotel's quoted price is 180 yuan. What principle is violated? (14) l Li went to a travel agency to sign up for a five-day tour of Hainan. His name was reported on March 2, 2005, and he was planning to depart on April 2, 2005. At this time, the travel fee is 1,680 yuan per person, including 1,100 yuan for air tickets. However, on March 20, the state made adjustments to manage ticket prices, and ticket discounts cannot be too low. So the ticket price changed from 1,100 yuan to 1,320 yuan, which is 220 yuan more. l 1. If the travel agency travels as scheduled, who will bear the extra 220 yuan? l 2. It was originally agreed to set off on April 2, but because there were not enough people in the group on April 2, Li was notified on April 1 that because there were not enough people in the group, he had to cancel the business. At this time, Li has paid all the fees of 1,680 yuan. Does the travel agency only need to refund 1,680 yuan at this time? Is there an appropriate margin for this item? l 3. After negotiation, they agreed to travel on April 20. Is this a change of contract or a transfer contract? l 4. Due to unexpected events, adjustments were made on April 10 due to the state’s management of ticket prices.

l ①If the air ticket increases, who will bear the extra cost? l ② If the air ticket price drops, 810 yuan is sufficient. Who will refund the excess air ticket cost? l 5. If it is not an adjustment by the travel agency at this time, but Li proposes to travel on April 20, then the state will make adjustments by managing the ticket price. If the ticket is issued, who will bear the extra cost? l If the air ticket goes down, who should refund the excess fee? l 6. If the price is not adjusted by the government at this time, but due to the peak season and the increase in oil prices, the airline adjusts the ticket price, causing the ticket price to increase by 220 yuan. Who will bear the extra department? (15) l Li went to a travel agency to sign up for a five-day tour of Hainan. His name was reported on March 2, 2005, and he was planning to depart on April 2, 2005. The cost was 1,680 yuan per person. l 1. Li paid 600 yuan first, and the receipt was marked as "deposit", but Li had something to do and was not free to go on April 2. Can Li request a refund of the deposit at this time? l 2. The travel agency learned its lesson and only charged 300 yuan, with "deposit" marked on the receipt. Li has no time to go. Can I get the 300 yuan back? l 3. If the travel agency only charges 300 yuan, and marks it as a "deposit" on the receipt, and informs Li on April 1 that the trip cannot be made because he is the only one who signed up, the 300 yuan will be refunded at this stage, and the prepaid amount will be refunded. 10% of the payment is liquidated damages. Is it possible? l 4. If I paid a deposit of 300 yuan, but Li said he couldn’t go, can I ask for a refund? l 5. If Li pays 300 yuan in advance, the receipt only states "Today I receive RMB 300 from Li." If Li has something to do and is unable to go, can it be refunded? (16) l A Shenzhen tour group of 30 people is planning to travel to Beijing from 2.10 to 2.14. They plan to visit the Great Wall on 2.10, the Forbidden City on 2.11, the Temple of Heaven on 2.12, 2.13, 2.14, etc. After arriving in Beijing, the tour guide said that the route was unreasonable and the most beautiful ones should be visited last, so the scenic spots on the 10th and 14th were swapped. On the 13th, heavy snow fell in Beijing, making it impossible to visit the Great Wall. l 1. Is it okay for tourists to complain and demand punishment for the tour guide? l 2. If a tourist complains and thinks that the travel agency should bear more than the ticket fee due to service quality issues and compensate, is it okay? l 3. If the travel agency is unable to compensate, can the quality guarantee deposit be applied? How to compensate? (17) l A travel agency in Shanghai organized some people from the Industrial and Commercial Bureau to go to Kunming for recuperation. The accommodation was originally scheduled to be three-star and double-standard. Before checking in, the tour guide also described it very well. However, when checking in, tourists found that the rooms were a bit shabby, there was no hot water, some rooms had no sewers, and some air conditioners did not work. There were twelve people from the Industrial and Commercial Bureau, headed by Yin, who negotiated with the tour guide. Yin said, "We can't stay here anymore. You can go home, we don't need you." So he took his companions and checked into another four-star hotel. Is it okay for someone to do this? (18) l Zhao and three other people signed up for the Singapore-Malaysia-Taiwan tour at the first outlet of Suzhou A International Travel Agency. It was agreed at that time that the fee was 6,500 yuan per person. The payment was due on April 1 and the tour would take place on May 8. When I went there on May 6, the store was already empty. So Zhao and others went to travel to country A, but country A said: "The sales department has been contracted by others, and they do not bear responsibility. Moreover, they do not have the right to travel abroad. This is a violation of the regulations by the store." l 1. What is the ownership of the 3,000 yuan paid? Deposit or advance payment? l 2. Is the contract signed by Zhao and the other three persons with the sales department valid? l 3. Can Zhao and other three people ask China Travel Service A to compensate and return 3,000 yuan? (19) l 16 people from Ma took a trip from Beijing to Kundali. The planned transportation was soft sleeper. However, when they arrived in Dali, the reserved soft sleeper was stopped due to a road collapse and the passengers could not travel. So the travel agency urgently called regular customers to return, but the guests refused to take the flight, so the Kunming flight could not catch up. l 1. Is it okay for tourists to require travel agencies to take responsibility? l 2. Is the approach of 16 people named Ma reasonable? Who will bear the extra 600 yuan for the flight payment? (20) l In July 2006, a domestic travel agency in Beijing hosted a group of 34 people who came to Beijing from a certain city outside the city. During the visit, Gao, who was a low-accompanying person, wanted to save time and increase unplanned activities. The tour items have been privately reduced by two planned attractions. He repeatedly told the guests that it is not easy for everyone to come to Beijing. Now that they are here, they should see more scenic spots. After the majority of the guests agreed and an additional NT$50 was charged for each guest, four more scenic spots were added ( Including two attractions that Gao secretly subtracted from the plan). During the team activities, Gao also sold 8 sets of commemorative stamp albums to guests.

Due to the hot weather in summer and the large number of elderly people teaching in the group, many guests felt that the planned visit to the scenic spots was too short and too hasty, and they were dissatisfied with Gao's behavior of adding additional scenic spots. After the tour, the group guests Collectively sign a complaint to the administrative department for reasons and request that the tour guide Gao be punished. Please explain in accordance with the relevant laws and regulations. (1) Tour guide Gao’s behavior violated those regulations. (2) The tour guide and the tour guide should be punished. What are the penalties for the appointed travel agency (21) l After Zhang signed up to take the tour guide qualification examination, he contacted a travel agency before he obtained the tour guide qualification certificate, hoping to participate in the travel agency’s tour guide internship. September this year was the peak tourist season, and the tour agency’s tour guide Since there were not enough staff, Zhang was hired as a tour guide. However, the tourism administration department found out that he had conducted tour guide activities without passing the tour guide qualification examination and was fined. Zhang was dissatisfied with the punishment and believed that he was not conducting tour guide activities without authorization but was hired by a travel agency to engage in tour guide work. The punishment by the tourism administrative department was inappropriate, so he applied for reconsideration to the higher-level tourism administrative department.

l I would like to ask: l (1) Is Zhang’s opinion valid? Why? l (2) Can the travel agency hire Zhang to work as a tour guide? Why?