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Tourists who participated in group tours were dumped, and the travel agency said that they would refund the fee after the lawsuit was completed

On the morning of September 19, Mr. Yan, a citizen of Wuhan, reported to the reporter of Jingshi Live that he spent 2,580 yuan to sign up for a seven-day tour of Nanning by Wuhan Huagangsheng International Travel Agency. After returning to Han, Mr. Yan hoped that Wuhan Huagangsheng International Travel Agency would refund him all the fees for the tour, but the travel agency said that it would wait until they had finished the lawsuit with the travel agency responsible for the local connection, which made it difficult for Mr. Yan to accept.

On the morning of September 19, the reporter of Jingshi Live contacted Mr. Yan, a citizen of Wuhan. Mr. Yan told reporters that on August 20 this year, he signed up for a seven-day group tour in Nanning, Guangxi at Wuhan Huagangsheng International Travel Agency and signed a contract. At 10:56 on September 13, including the leader of Wuhan Huagangsheng International Travel Agency, a total of 20 people in their tour group set off from Wuchang Railway Station and arrived in Nanning in the early morning of the next day. After arriving in Nanning, the staff of the travel agency in charge of the ground pick-up took them to the hotel. "The next day they left us alone, and he said that the travel agency didn't pay for their pick-up." At noon on September 14, after the coordination of the local police in Nanning, Wuhan Huagangsheng International Travel Agency bought train tickets for the 20 of them to return to Wuhan on the 15th. Mr. Yan said: "We now have to refund the full amount first, and then compensate for the loss, which is so annoying, and now he is not even willing to give us a refund, so he said that there is no money." ”

Ms. Zhang, another tourist in the same team, told reporters that at 8:30 on September 14, she was originally going to take a bus to visit Changshou Village in Bama, Guangxi, but the team leader of Wuhan Huagangsheng International Travel Agency suddenly notified them to let tourists do their own activities first. Ms. Zhang said that at that time, she was in an unfamiliar place, and she encountered such a thing, which made her feel very helpless.

On September 19, the tourists of their tour group found Wuhan Huagangsheng International Travel Agency together. Ms. Zhang said: "Our minimum demand is to get our 2,580 yuan back. He said that he also has an economic dispute with the other party's local company, and he will compensate them after the lawsuit is over. ”

Tourists who participated in group tours were dumped, and the travel agency said that they would refund the fee after the lawsuit was completed

Photo / Courtesy of the interviewee

Subsequently, the Jingshi live broadcast reporter contacted Mr. Hu who went to work at Wuhan Huagangsheng International Travel Agency. Mr. Hu told reporters that their company and the local travel agency have been communicating about the payment, on September 13, the two sides reached a consensus, signed the "confirmation letter" agreed to pay 20,000 yuan before two o'clock in the afternoon on September 14, 10 o'clock in the morning on the 18th, before returning to the group to settle the final payment. "We called 20,000 yuan at 11 o'clock in the morning of the 14th according to the confirmation letter, and after half an hour, the ground company said that they didn't want to take it, or they would pay the balance now, and he said that there was a Mid-Autumn Festival in the middle, and he was afraid that he would not be able to settle the final payment."

Tourists who participated in group tours were dumped, and the travel agency said that they would refund the fee after the lawsuit was completed
Tourists who participated in group tours were dumped, and the travel agency said that they would refund the fee after the lawsuit was completed

Photo / Courtesy of the interviewee

At the same time, Mr. Hu also said that now customers come to the company and want an explanation, and they understand. However, according to the agreement, they have already paid half of the fee to the ground travel agency, because the other party is unwilling to receive, so the tourists return the same way, so their company feels that the responsibility for this refund and even compensation should be borne by the ground travel agency. "What the person in charge of the Wuhan branch and the boss of the headquarters now mean is that the solution is to go to the lawsuit first, and after the lawsuit is settled, all the money will be cleared out, so it is very uncomfortable on both sides now."

According to Mr. Hu, the company responsible for the seven-day tour of Nanning is Hubei Guangyou Tianxia Tourism Co., Ltd. Subsequently, the reporter of Jingshi Live contacted Ms. Ku, the person in charge of Hubei Guangyou Tianxia Tourism Co., Ltd. Ms. Ku did not agree with what Mr. Hu said. Ms. Ku told reporters that it was the first time they cooperated with Wuhan Huagangsheng International Travel Agency, and they negotiated with Wuhan Huagangsheng International Travel Agency many times for when to make the first payment, and the advance payment of 20,000 yuan was originally scheduled for September 6, which was later postponed to the 13th. "But Wuhan Huagangsheng International Travel Agency has been dragging on not paying, so we urged again and again, because thinking that it was a cooperative relationship, we first helped tourists to put the round-trip train tickets, including local accommodation, including tourist cars, and the tour guide were arranged, and we also paid the money, but then they still did not transfer the money."

Tourists who participated in group tours were dumped, and the travel agency said that they would refund the fee after the lawsuit was completed
Tourists who participated in group tours were dumped, and the travel agency said that they would refund the fee after the lawsuit was completed

Photo / Courtesy of the interviewee

Ms. Ku said that after the tourists arrived in Nanning, "when they didn't pay a penny, I arranged for a tour bus and a tour guide, took the tourists to the hotel, and then arranged accommodation, and then came to communicate with Wuhan Huagangsheng International Travel Agency about the payment, but they still didn't pay." Then the next day I paid for a train ticket and a stay, and a fare. ”

Ms. Ku also told the Jingshi live broadcast reporter that because they had been urging Wuhan Huagangsheng International Travel Agency to pay, but the other party repeatedly shirked it, and Mr. Hu also told her that the company's shareholders were suspected of running away, so their company decided not to take the following trip.

Tourists who participated in group tours were dumped, and the travel agency said that they would refund the fee after the lawsuit was completed

Photo / Courtesy of the interviewee

Ms. Zhang, a tourist, also told reporters that they had complained to the relevant departments, and the staff of the Bureau of Culture and Tourism said that they would come to the scene to deal with it. On the afternoon of September 19, the reporter of Jingshi Live contacted the Culture and Tourism Bureau of the upper jurisdiction. The staff told reporters that on the morning of the 19th, after they received the complaint, they arranged for the staff to go to the scene for coordination, and now they are investigating and handling, and other specific circumstances are inconvenient to disclose for the time being.

So, who should bear the refund and compensation for tourists? In this regard, Lu Jin, a lawyer at Hubei Chisheng Law Firm, said that because there is a contractual relationship between tourists and Wuhan Huagangsheng International Travel Agency, and there is no direct legal relationship with Hubei Guangyou Tianxia Tourism Co., Ltd., according to the principle of relativity of contract, Wuhan Huagangsheng International Travel Agency has failed to effectively perform its contractual obligations, and its behavior has constituted a breach of contract, and it is not only necessary to refund the tourist, but also may bear the liability for breach of contract. As for the disputes between the two companies, they should settle them by themselves, and should not affect or hinder the protection and realization of the legitimate rights and interests of tourists. (Jingshi live reporter Zhang Jingru)

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