Provisions of the Supreme People’s Court on several Issues concerning the Application of law in the trial of Tourism Dispute Cases

2022-06-12 0 By

Hello everyone, today we study together the Supreme People’s Court on the trial of tourism dispute cases applicable to the law of several issues of the provisions from article 1 to Article 7.Provisions of the Supreme People’s Court on Several Issues concerning the Application of Law to the Trial of Tourism Dispute Cases (2021.1.1) (Adopted at the 1496th Meeting of the Judicial Committee of the Supreme People’s Court on September 13, 2010,On December 23, according to the 2020 1823th meeting by the Supreme People’s Court trial committee of the Supreme People’s Court on modifying the < in the Supreme People's Court on civil trial work to apply the law of the People's Republic of China > > the explanation of some issues such as 27 a civil class the decision of the judicial interpretation “correction) for the correct of tourism disputes casesThese Provisions are formulated in accordance with the Civil Code of the People’s Republic of China, the Law of the People’s Republic of China on the Protection of The Rights and Interests of Consumers, the Tourism Law of the People’s Republic of China, the Civil Procedure Law of the People’s Republic of China and other relevant laws, and in light of the practice of civil trials.Article 1 Tourism disputes as mentioned in these Provisions refer to contractual disputes or infringement disputes arising from tourism between tourists and tourism operators or auxiliary tourism services.”Tourism operator” refers to a person who runs tourism business in his own name and provides tourism services to the public.”Tourist auxiliary service provider” refers to a person who has contractual relationship with a tourist operator and assists the tourist operator in fulfilling contractual obligations of tourism and actually provides such tourist services as transportation, sightseeing, accommodation, catering and entertainment.These Provisions shall apply to disputes arising from tourism between tourists and operators of scenic spots in the course of self-guided tourism.Article 2 The people’s court shall accept a lawsuit brought by individual tourists over a tourism contract dispute in the event of a dispute arising from the execution of a tourism contract concluded with a tourism operator in the form of a unit, a family or other collective, except for a lawsuit brought by the collective in the name of one of the parties to the contract.Article 3 Where a tourist causes personal injury or property loss to a tourist due to the same cause on the part of the tourist operator, and the tourist chooses to request the tourist operator to bear the liability for breach of contract or tort, the people’s court shall conduct the trial according to the cause of action selected by the party concerned.Article 4 Where the tourist only sues the tourist operator for breach of contract due to the reason of the tourist auxiliary service provider, the people’s court may add the tourist auxiliary service provider as a third party.Article 5 If the tourism operator has taken out liability insurance and the tourist brings a lawsuit against the tourism operator only because of an insured liability accident, the people’s court may, at the request of the party concerned, list the insurance company as a third party.Article 6 of the tour operator to format terms, notice, statement, shop notices, etc way to eliminate or restrict the tourists right or mitigated punishment or be exempted from tour operator liability, increase the tourists such as unfair and unreasonable rules with the tourists, the tourists on the basis of consumers’ rights and interests protection law the provisions of article 26 requests that the content is invalid, the people’s court shall support.Article 7 Where a tourist operator or tourist auxiliary service provider fails to fulfill its duty of security and causes personal injury or property loss to tourists, and tourists claim that the tourist operator or tourist auxiliary service provider shall bear the liability, the people’s Court shall support it.The third party shall bear the responsibility for personal injury or property loss of the tourist caused by the act of the third party;Where a tourist operator or a tourist auxiliary service provider fails to fulfill its security obligations and tourists request it to assume corresponding supplementary responsibilities, the people’s court shall support it.Next time we will continue to study the Provisions of the Supreme People’s Court on the application of law in the trial of tourism dispute cases.