Obligations of tourism operators:
The obligations of tourism operators refer to the responsibilities that tourism operators should perform in operating tourism activities, that is, tourism operators must perform certain behaviors in accordance with the law Or suppress one's own behavior. The obligations of tourism operators correspond to the rights of tourism consumers. The realization of the rights of tourism consumers is realized to a certain extent through the fulfillment of obligations by tourism operators. According to Articles 16 to 25 of the Consumer Rights Protection Law, tourism operators must perform the following obligations:
(1) Fulfill obligations stipulated in relevant laws and regulations and Obligations agreed with travel consumers. Fulfilling the obligations stipulated in relevant laws and regulations includes the following contents: ① When providing goods or services to tourist consumers, tourism operators shall comply with my country’s Product Quality Law, Food Hygiene Law, Drug Administration Law, Advertising Administration Regulations, Trademark Law and other laws and regulations. ②Tour operators have the obligation to fulfill their legal agreements with tourism consumers. The agreement between tourism operators and tourism consumers refers to the agreement between tourism operators and tourism consumers on goods or services. This is a double-obligation contract. Of course, this agreement must not violate the provisions of laws and regulations.
(2) Obligation to accept tourism consumer supervision. The obligation to accept supervision from tourism consumers includes the following: ① Tourism operators must accept criticisms and suggestions from tourism consumers through effective channels or methods, such as setting up specialized agencies, assigning full-time personnel to collect, listen to consumers’ criticisms and suggestions, and communicate with consumers dialogue, etc. ② Put the activities of providing goods or services to tourism consumers under the effective supervision of tourism consumers.
(3) Obligation to ensure the safety of goods or services. The obligations to ensure the safety of goods and services include the following: ① The goods or services provided by tourism operators must meet the requirements for protecting personal and property safety. Tourism operators should be equipped with tourism safety facilities and safety equipment, conduct regular inspections and maintenance of tourism facilities, establish a safety management responsibility system, and ensure the personal and property safety of tourists. The operation of amusement facilities must obtain a certificate of acceptance from the technical inspection department in accordance with relevant national regulations. ② For goods and services that may endanger personal and property safety, true explanations and clear warnings should be given to tourist consumers, and the correct use methods and methods to prevent harm should be explained and marked. ③ If there are serious defects in goods or services that may cause personal or property harm to tourism consumers even if used correctly, tourism operators should immediately report to the relevant departments and inform tourism consumers, and at the same time take measures to prevent the harm from occurring.
(4) Obligation to provide true information about goods or services. The obligation to provide true information about goods and services includes the following: ① Tourism operators shall provide true information about goods or services to travel consumers and shall not make false propaganda that leads to misunderstanding. ② True and clear answers should be given to questions raised by tourism consumers about the quality of goods or services and how to use them. ③ The price of goods or services should be clearly marked.
(5) Obligation to indicate the operator’s true name and mark. The obligation to indicate the true name and mark of tourism operators includes the following: ① Tour operators and operators who rent counters or business premises from others must truthfully indicate their company names and business marks. ②You can only use your real tourism company name or business mark. It is not allowed to use an unapproved and registered company name; it is not allowed to change or use an approved and registered company name without authorization; it is not allowed to counterfeit other people's company names and business marks held by others, and it is not allowed to counterfeit or use other people's business names or business marks. , Enterprise names or business marks that are enough to cause misunderstanding among tourist consumers.
(6) Obligation to issue purchase vouchers or service documents. The obligation to issue purchase vouchers or service documents includes the following: ① When tourism operators provide goods or services, they should issue purchase vouchers or service documents to consumers in accordance with relevant national regulations or business practices. ② When tourist consumers ask for consumption vouchers and documents, operators must issue them. The purchase voucher refers to the written voucher issued by the seller of the commodity to the buyer of the commodity after the performance of the sales contract to prove the performance of the contract.
Business practices refer to the practices generally followed by operators in a certain industry when selling goods or providing services, especially the practices in issuing purchase vouchers or service receipts to consumers. Although it is not stipulated by national laws and regulations, it is recognized and abided by relevant operators and plays an important role in maintaining normal transaction order and protecting consumer rights and interests.
(7) Obligation to ensure the quality of goods or services. The obligation to ensure the quality of goods or services includes the following: ① Unless tourist consumers are aware of the defects before purchasing the goods or receiving the services, the tourism operators shall ensure that under normal use of the travel goods or receipt of travel services, The tourism products or tourism services it provides should have certain quality, performance, purpose and validity period. ② When tourism operators indicate the quality status of tourism commodities or tourism services through advertisements, products, descriptions, physical samples or other means, they shall ensure that the actual quality of the tourism commodities or tourism services they provide is consistent with the indicated quality status.
(8) Obligation to bear the "three guarantees" and other responsibilities. The obligation to assume the "three guarantees" and other responsibilities includes the following: ① The tourism operator assumes the responsibility for repair, replacement, and return of tourism products in accordance with regulations or agreements, or other responsibilities (such as breach of contract, infringement, and failure to perform other obligations) ); ② Based on the characteristics of different service industries, they shall be responsible for the services they provide in accordance with relevant national regulations or agreements; ③ shall not intentionally delay or unreasonably refuse to perform relevant obligations.
(9) Obligations that restrict consumers’ rights through format contracts and other means shall not be used. The obligation not to restrict consumer rights through format contracts and other means includes the following: ① Tourism operators shall not make unfair and unreasonable provisions for tourism consumers through format contracts, notices, statements, store notices, etc. ② The civil liability for harming the legitimate rights and interests of tourism consumers shall not be reduced or exempted in the above manner. ③If the format contract violates the first two obligations, the content will be invalid. Format contracts are also called standardized contracts or standardized contracts. In the field of consumption, they refer to the contract terms drawn up unilaterally when an operator enters into a contract with a consumer. Its characteristics are: the subject of formulating the standard contract is the operator; the counterparty only has the freedom to accept the contract, but does not have the freedom to participate in determining the content of the contract; the contract is directed to an unspecified majority of consumers, and has certain rights in terms of applicable objects. Universality; once formulated, it can be used for a long period of time and is fixed and continuous. Notices, statements, store notices and other means refer to operators using explicit means to inform consumers of their relevant business conditions. Notices, statements, and store notices are common methods in practice. In addition, there are also instructions, notices, customer instructions, etc.
(10) Obligation to respect consumers’ personal rights. The obligation to respect the personal rights of consumers includes the following: ① Do not insult or slander tourism consumers. Operators or others use others to fabricate and spread false facts, or use uncivilized and impolite language to belittle and slander the human dignity of tourism consumers, which is an act that infringes on citizens' right to reputation. ② The bodies of tourist consumers and the items they carry are not allowed to be searched. ③The personal freedom of tourism consumers shall not be infringed upon.
(11) Tourism operators should abide by professional ethics and operate in accordance with the law in their business activities; follow the principles of equality, voluntariness, fairness, and good faith; and disclose service items and charging standards.
(12) Tourism operators shall establish and maintain complete business files, accept the supervision and management of the tourism administrative department, and truthfully provide relevant information such as tourism operations and tourism statistics.
(13) Tourism operators should strengthen education and training for employees, and implement standardized and standardized services in accordance with national and tourism industry standards.
(14) Tourism operators should obtain service quality grades in accordance with relevant national regulations and implement standardized management of service quality. Tourism operators who have not obtained a service quality grade are not allowed to use service quality grade signs and titles for advertising or business activities. The state encourages tourism operators to apply for enterprise quality system certification.
Legal basis:
"Consumer Rights and Interests Protection Law"
Article 16 Operators providing goods or services to consumers shall comply with this Law and Fulfill obligations under other relevant laws and regulations.
If operators and consumers have an agreement, they shall perform their obligations in accordance with the agreement, but the agreement between the two parties shall not violate the provisions of laws and regulations.
Operators who provide goods or services to consumers must abide by social ethics, operate with integrity, and protect the legitimate rights and interests of consumers; they must not set unfair or unreasonable transaction conditions, or force transactions.
Article 17 Operators shall listen to consumers’ opinions on the goods or services they provide and accept supervision from consumers.
Article 18 Operators shall ensure that the goods or services they provide meet the requirements for protecting personal and property safety. For goods and services that may endanger personal or property safety, true explanations and clear warnings shall be given to consumers, and the correct methods of using the goods or receiving services and methods of preventing harm shall be explained and marked.
Operators of hotels, shopping malls, restaurants, banks, airports, stations, ports, movie theaters and other business premises shall fulfill their safety and security obligations to consumers.
Article 19 If operators discover that the goods or services they provide are defective and endanger personal or property safety, they shall immediately report to the relevant administrative departments and inform consumers, and take measures to stop sales and issue warnings. , recall, harmless treatment, destruction, cessation of production or service and other measures. If recall measures are taken, operators shall bear the necessary expenses incurred by consumers due to the recall of goods.
Article 20: Operators shall provide true and comprehensive information to consumers regarding the quality, performance, usage, validity period, etc. of goods or services, and shall not make false or misleading publicity.
Operators shall give true and clear answers to consumers’ inquiries regarding the quality and usage of the goods or services they provide.
Business operators must clearly mark prices when providing goods or services.
Article 21 Operators shall indicate their true name and mark.
Operators who lease other people’s counters or venues must indicate their true names and marks.
Article 22 When operators provide goods or services, they shall issue invoices and other purchase vouchers or service documents to consumers in accordance with relevant national regulations or business practices; consumers who request invoices and other purchase vouchers or services shall For documents, the operator must issue them.
Article 23 Operators shall guarantee the quality, performance, purpose and validity period of the goods or services they provide under normal use of goods or receipt of services; however, when consumers purchase the goods or services Exceptions are made if the goods or services were already known to be defective before receiving the service, and the existence of the defects does not violate mandatory provisions of the law.
If operators indicate the quality status of goods or services through advertisements, product descriptions, physical samples or other means, they shall ensure that the actual quality of the goods or services they provide is consistent with the indicated quality status.
For motor vehicles, computers, televisions, refrigerators, air conditioners, washing machines and other durable goods or decoration and decoration services provided by operators, consumers shall discover within six months from the date of receiving the goods or services. If a dispute arises about defects, the operator shall bear the burden of proving the defects.
Article 24 If the goods or services provided by operators do not meet quality requirements, consumers may return the goods in accordance with national regulations and the agreement of the parties, or require the operators to perform replacement, repair, etc. obligations. In the absence of national regulations and agreement between the parties, consumers may return goods within seven days from the date of receipt; if the statutory conditions for contract termination are met after seven days, consumers may return goods in a timely manner; if the statutory conditions for contract termination are not met, consumers may require the operator to perform Obligations such as replacement and repair.
In case of return, replacement or repair in accordance with the provisions of the preceding paragraph, the operator shall bear the necessary expenses such as transportation.
Article 25: Operators sell goods through the Internet, television, telephone, mail order, etc., and consumers have the right to return goods within seven days from the date of receipt without giving reasons, except for the following goods: Except:
(1) Custom-made by consumers;
(2) Fresh and perishable items;
(3) Online downloads or dismantling by consumers sealed audio-visual products, computer software and other digital commodities;
(4) Delivered newspapers and periodicals.
Except for the products listed in the previous paragraph, other products that are not suitable for return due to the nature of the product and confirmed by the consumer at the time of purchase are not eligible for return without reason.
The goods returned by consumers should be in good condition. Operators shall return the price of goods paid by consumers within seven days from the date of receipt of returned goods. The freight for returning the goods shall be borne by the consumer; if the operator and the consumer have other agreements, the agreement shall prevail.
Article 26 If operators use standard clauses in business activities, they shall draw consumers’ attention to the quantity and quality of goods or services, prices or fees, performance deadlines and methods, and safety precautions in a conspicuous manner. Matters and risk warnings, after-sales services, civil liability and other content that are of major interest to consumers shall be explained in accordance with the requirements of consumers.
Operators shall not exclude or limit consumer rights, reduce or exempt operators from responsibilities, or increase consumer responsibilities through standard terms, notices, statements, store notices, etc., which are unfair and unfair to consumers. Reasonable regulations do not allow the use of formal clauses and technical means to force transactions.
Format terms, notices, statements, store notices, etc. that contain the content listed in the preceding paragraph shall be invalid.
Article 27 Operators shall not insult or slander consumers, may not search the bodies of consumers and the items they carry, or infringe on the personal freedom of consumers.
Article 28 Operators that provide goods or services through the Internet, television, telephone, mail order, etc., as well as operators that provide securities, insurance, banking and other financial services, shall provide consumers with business services Address, contact information, quantity and quality of goods or services, price or fees, performance period and method, safety precautions and risk warnings, after-sales service, civil liability and other information.
Article 29: Operators shall follow the principles of legality, legitimacy and necessity when collecting and using consumers' personal information, clearly state the purpose, method and scope of collecting and using information, and obtain the consent of consumers. Operators who collect and use consumers' personal information should disclose their collection and use rules, and must not collect or use information in violation of laws, regulations and the agreements between the parties.
Operators and their staff must strictly keep the personal information of consumers collected confidential and shall not disclose, sell or illegally provide it to others. Operators should take technical measures and other necessary measures to ensure information security and prevent the leakage and loss of consumers' personal information. When information leakage or loss occurs or may occur, remedial measures should be taken immediately.
Operators are not allowed to send commercial information to consumers without their consent or request, or if consumers explicitly refuse.