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Law

Can I request a refund from the travel agency if I am unable to travel due to insufficient passport validity?

2024-07-18   

【 Case 】 Ms. Wang, who is nearly seventy years old, signed up to participate in a group outbound tour. However, when she arrived at the airport late at night to start her trip to a certain country, she was informed by the airline that her passport was not valid for six months and according to the regulations of the tourist destination, she could not enter without a visa. Ms. Wang recalled that when she registered for the package tour, she had already sent the electronic version of her passport to the travel agency, and immediately asked the accompanying travel agency staff. However, the staff stated that they also did not pay attention to the issue of expiration date. Ms. Wang had no choice but to terminate her trip. Subsequently, Ms. Wang sued the travel agency to the court, demanding that the agency refund one, compensate one, and pay for transportation expenses. The travel agency believes that Ms. Wang should provide the travel agency with a passport that meets the regulations, and that she has registered for the last item of the tour group. The airfare, hotel and other expenses have been pre paid, and they do not agree with Ms. Wang's lawsuit request. The trial court believes that as a professional tourism service agency, travel agencies should fulfill the necessary duty of care when offering package tours. They should strictly verify the passport information of tourists and promptly notify them when problems are discovered; And Ms. Wang is almost seventy years old, so the travel agency should assume a more detailed obligation to inform her. If a travel agency breaches its contract and causes losses to tourists, tourists have the right to demand that the travel agency bear corresponding compensation responsibilities. But Ms. Wang's request for a refund and compensation does not have any contractual agreement or legal provisions, and the court cannot support this lawsuit request. In the end, the court ruled that the travel agency would refund Ms. Wang's tour fee and bear her transportation expenses to and from the airport. The judge introduced that the Tourism Law stipulates the relevant matters that travel agencies should inform tourists when entering into a package tour contract, including informing tourists of the relevant laws and regulations of the tourism destination, providing tourists with sufficient and accurate information, etc., to ensure that tourists can make informed decisions and protect their rights and interests. For special groups such as the elderly, travel agencies should strengthen their notification and demonstrate more care and sense of responsibility. Outbound travel is a relatively significant and complex matter, and when tourists choose to join a tour group, it is difficult to require them to understand all the policies and regulations for going abroad. In this case, a certain country exempts tourists holding Chinese passports from visa requirements. Tourist passports must have a validity period of six months, which is a relevant policy and regulation of the tourist destination. As a professional tourism service enterprise, the travel agency should inform and remind Ms. Wang of this entry policy. Before signing the contract, Ms. Wang had already sent the electronic version of her passport to the travel agency, which has the obligation to review it. The judge stated that the travel agency's negligence caused Ms. Wang to be unable to travel smoothly, resulting in certain losses. The court's ruling demonstrates a firm stance on protecting consumer rights and also places higher demands on tourism service providers. Creating a healthy tourism market environment requires guidance and supervision from laws and regulations, as well as conscious self-discipline from tourism service providers. Elderly consumers should also enhance their self-protection awareness, choose qualified and reputable tourism service providers, and actively protect their legitimate rights and interests through legal means once they encounter problems. (Case source: Supreme People's Court) (News Agency)

Edit:He Chuanning Responsible editor:Su Suiyue

Source:Xinhua

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