In the case of non-bilateral fault, the tourist visa is refused. How to define the loss and who should bear it? If one person is refused to sign, the tourists in the same trade request to cancel the contract. Is there any deduction for the necessary expenses that have occurred? This paper tries to give corresponding answers through case study and analysis.
Visas are indispensable for traveling abroad. However, for many reasons, visas are not 100% available. In practice, disputes, complaints and lawsuits between travel agencies and unauthorized tourists, their counterparts, relatives and friends who have already booked airline tickets, hotels and other expenses often occur because of the failure of tourist visas.
Generally speaking, in the absence of a breach of contract between the two parties (usually it is difficult to prove the fault of the other party), the travel agency can deduct the actual and non-refundable fees after the cancellation of the travel contract due to visa problems. However, according to the general understanding of tourists, the order of operation of travel agencies should be to apply for visas before booking airline ticket hotels. As a result, the visa has not been issued, and the airline ticket hotel fees have not been and should not be paid for, the travel agencies should return them.
In practice, due to the fluctuation of ticket prices and some uncontrollable factors that may arise in hotels, and in order to get lower ticket prices, travel agencies usually book tickets and Hotels with their service providers when tourists do not apply for visas. This mode of operation and service itself is not a problem, but because of the unavoidable refusal risk in the process of tourist visa processing, this kind of advance booking means that travel agencies have to bear certain operational risks, and travel agencies are predictive of such risks. Once it happens, the travel agency should regard it as the cost of the normal production and operation process, and can not transfer the operation risk to the tourists.
Nevertheless, according to previous jurisprudence, if the travel agency did not know that it had not been signed until it was near the trip, which led to irreparable losses and expanded losses, the court would take into account the practice of the industry in its discretion and make a decision based on the evidence of actual loss.
In addition, for a person who has not been signed and the refund after the termination of the contract, it is necessary to consider comprehensively the type of travel, the relationship between peers and the purpose of travel. If the itinerary is a parent-child tour, a honeymoon tour, and the peers are husband and wife, parents and children, etc., the tourists have expressed or can confirm that it is meaningful to travel together according to normal understanding. If the travel agency fails to get a ticket for the reason of the travel agency, or if the loss occurs or enlarges due to the service defect of the travel agency in the similar case, the travel agency shall return the same. Pedestrian fees.
According to the practical experience of judicial and mediation, the author draws the attention of travel agency operators:
Standardize the signing and content of contracts. In the contract, it should be prompted that there is a risk of failure of the tourist visa, and the corresponding responsibility should be agreed with the tourists for the risk. At the same time, inform tourists about the time of booking tickets, Hotel and refund. If tourists know about the advance booking and refuse to sign personal visas for reasons other than travel agencies, tourists agree to bear the cost of air tickets, hotels and other expenses, and if the tourists fail to travel, they are regarded as tourists who voluntarily cancel the contract and assume the phase. Should be responsible for the law and so on.
Standardize business operations. Familiar with visa knowledge, market, process and other information to ensure timely receipt and complete submission; improve the mode of operation of connection and cooperation between visa processing and machine wine booking, and try to send visas as as early as possible, leaving appropriate time for the accidental refusal of visitors to recover losses or change plans; pay close attention to the trends of embassies and consulates in real time, 1. In case of refusal of visa, timely notification should be given, and all payment vouchers related to the visitor should be kept for reserve.