Complaint processing approach

    (Released on May 5, 2010, the national tourism administration, the 32nd come into force on July 1, 2010) Chapter I General provisions

    First in order to protect the legitimate rights and interests of tourists and tour operators, to fairly handle tourist complaints, according to the People's Republic of China Law on protection of consumer rights, the travel agents Ordinance, the tour guides management regulations and the management of Chinese citizens traveling abroad and other laws and regulations, these measures are formulated.

    Second complaint mentioned in these measures refers to tourism operators damage to their legitimate rights and interests of tourists, and travel administration, tourism or tourism quality supervision and administration of law enforcement agencies (hereinafter "complaint handling body"), to deal with civil disputes between the two sides.

    Third complaint handling body shall, within its terms of reference to deal with complaint.

    Local tourism administrative departments at all levels should, under the leadership of the people's Governments at the corresponding level, establish and improve the relevant administrative departments to handle tourist complaints mechanism.

    Article fourth complaint handling bodies in dealing with the complaint found that complaints of any unlawful or criminal acts or their employees, shall, in accordance with the provisions of laws, regulations and rules, administrative punishment, submitted to the relevant administrative departments administrative penalties recommended or transferred to the judicial authorities.

    Chapter II jurisdiction

    Complaint signed by the contract of fifth place or where the complainant, complaint handling bodies at and above the County jurisdiction.

    Need to immediately stop, remedy the damage behavior of complainant, should be governed by complaint handling bodies where the damage occurred.

    Sixth superior tourist complaint handling of complaint-handling bodies have authority over subordinate agencies of complaints.

    Seventh jurisdiction dispute, complaint handling bodies can be negotiated, or submitted to the common parent complaint handling body to exercise jurisdiction.

    Chapter III admissibility

    The eighth complaint to complaint handling bodies who could take the following complaints:

    (A) the tourism operator's breach of contract;

    (B) the complainant resulting from tourism operators ' responsibility to personal and property damage;

    (C) due to force majeure, accidents resulting in the contract cannot be performed or not performed, the complainant and the respondent disputes;

    (D) other damages the legitimate rights and interests of tourists.

    Nineth inadmissible the following circumstances:

    (A) the people's Court, arbitration institution, other administrative departments or community mediation has been accepted or processed;

    (B) the complaint handling body has dealt with, and there is no new situation and reason;

    (C) not part of the complaint dealing with agency mandate or jurisdiction;

    (D) more than 90 days of the date of the end of the travel contract;

    (E) does not comply with the conditions of complaint provided for in article tenth;

    (Vi) economic disputes other than as provided herein.

    The preceding paragraph (c) provides, complaint handling bodies have jurisdiction shall promptly notify the complainant of the complaint handling body or the relevant administrative department.

    The tenth complaint shall comply with the following conditions:

    (A) the complainant has a direct interest in the complaint;

    (B) have a clear complaint complaints, specific requests, fact and reason.

    11th complaint should be in writing, in duplicate, and shall set forth the following:

    (A) the complainant's name, gender, nationality, address, zip code, telephone number and date of the complaint;

    (B) the name, location of the respondent;

    (C) the requirements for complaints, arguments and relevant facts.

    12th complaint is relatively simple, the complainant may complain orally, recorded or registered by the complaint handling bodies and inform the respondent; not admissible complaints, complaint-handling agencies to orally inform the complainant was inadmissible and the reasons for, and recorded or registered.

    13th complaints the complainant's agent activity, power of attorney shall be submitted to the complaint handling body, and shall delegate permissions.

    14th complainants under article 4 or more people, with the same subject matter of complaints against the same respondent, for common complaints. Common complaints can be chosen by the complainant from 1 to 3 representatives to complain.

    Representative participate in the behavior of the complaints handling process complaint handling bodies, takes effect on all the complainants, they represent change, waiver requests or complaints to conciliation shall be subject to all the consent of the complainant.

    15th complaint handling body receiving complaints should be made within 5 working days following:

    (A) the complaint in accordance with this approach, be admissible;

    (B) the complaint does not comply with these measures, shall be served on the complainant of the notice of complaint is inadmissible, informed the inadmissibility grounds;

    (C) in accordance with the provisions of relevant laws and regulations and these rules, the Agency has no jurisdiction, should be based on the letters of complaints to the Office of tourism or travel complaint letters, and referred the complaint material jurisdiction of complaint handling agency or any other relevant administrative departments, and inform the complainant in writing.

    The fourth chapter deals with

    16th tour complaint handling body to handle tourist complaints, except as provided in this way, the implementation of mediation.

    Complaint handling Office shall ascertain the facts based on the principles of voluntariness, legitimate mediation, complainant and respondent mutual understanding, reach an agreement.

    17th tour complaint handling body to handle tourist complaints and filing process, fill out the complaint filing form and accompanying the complaint material, within 5 working days from the date on which the complaint, the complaint notification of acceptance and the complaint to be served on respondent.

    Facts are clear, and should immediately stop or remedy the complainant damages, you can fill out the complaint filing form and served on the respondent notice of the complaint inadmissible, but treatment should be documented.

    18th complaint should be made in the 10th after receiving notification of the written replies to replies of facts, reasons, and evidence.

    19th the complainant and respondent shall provide evidence of the complaint or reply to myself.

    20th complaint handling body should be put forward to the parties the fact that review, reasons, and evidence.

    Complaint handling body considers it necessary to gather new evidence, based on the provisions of relevant laws and regulations, collection or interested parties convened to investigate on their own.

    21st delegate any other complaint handling bodies to assist in the investigation, forensics, complaint investigation of shall issue a power of Attorney, complaint processing of entrusted body shall provide assistance. 22nd exclusively sex need identification or detection, identification or detection evaluation agreed upon by the parties.

    No agreement, the other party can apply to the statutory identification or detection identification or detection. Identification, inspection expenses shall be borne as agreed by the parties.

    No agreement, identification, detection by the applicant to bear; after the mediation agreement is reached, according to the conciliation agreement.

    Identification, detection time are not included in the complaint processing time.

    23rd in the complaints handling process, complainants and the accused who of their own accord, complaint processing mechanism of reconciliation should be informed of the findings and complaint handling bodies shall be recorded and after verification by the parties, the handling of complaints signed or sealed.

    24th complaint after complaint handling bodies, should arrange to mediate between the parties, mediation proposal put forward, thereby enabling both parties reached a conciliation agreement.

    25th complaint handling body should complaint within 60 days from the date of acceptance, made the following address:

    (A) the conciliation agreement reached between the parties, shall be made to the letter of complaint mediation, stated the complaint requests, identify facts, processes and results of mediation, complaint processing mechanism of signed and sealed by both parties seal;

    (B) in case of a dispute, terminate the mediation, complaint handling bodies shall provide the parties issue the complaint letter of termination of conciliation.

    Conciliation or mediation agreement after its entry into force does not perform, the complainants in accordance with provisions of national laws and regulations, apply to the arbitration or initiate litigation to the people's Court of arbitration.

    26th in the following cases, conciliation by the complaint handling body, the complainants mediation agreement cannot be reached with a tour operator, complaint handling bodies allocate travel agency quality deposit compensation decisions should be made, or to the tourism administrative departments make recommendations for allocation of travel service quality guarantee:

    (A) the travel agency due to dissolution, bankruptcy or other causes of tourists pay travel costs;

    (B) travel agencies suspend the performance of the contract obligations, stranding tourists, while actual transportation, accommodation or return the necessary and reasonable costs.

    27th tour complaint handling body should be published on a quarterly tourist complaints information.

    28th tour complaint handling body should use standardized complaint handling system.

    29th tour complaint handling body should accept complaints made files and keep the related information.

    30th article of the way in the style of the instrument, formulated by national tourism administration.

    The fifth chapter supplementary articles

    31st article explaining these measures by the national tourism administration. 32nd article this way come into force on July 1, 2010. The travel agency quality deposit regulations, the travel agency quality security interim provisions on rules for the implementation of interim measures, the travel agency quality bond compensation repealed simultaneously.