Introduction: How to sue a travel agency if the visa is not issued and the ticket is invalid due to the visa not being issued by the travel agency 1. How to sue the travel agency if the visa is not issued and the ticket is invalid 2. What to do if the flight is canceled and the visa expires 3. Refund the ticket if the visa is not issued 4. The visa is not issued by the travel agency How to sue them if the ticket is invalidated? 5. Will the ticket purchased by the travel agency be refunded? 6. What should I do if the flight is canceled and the visa expires? 7. What should I do if the visa expires due to flight cancellation? 8. How to sue the travel agency if the visa is not issued and the ticket is invalid?
1. How to sue the travel agency if the visa is not issued and the ticket is invalid?
You plan to go abroad, but when you leave the country, the border guards do not allow you to leave the country. You must bear the loss of the air ticket yourself.
There are several situations where you are normally refused to leave the country: The first is that you are on the list of criminals or have other unfulfilled judicial judgments or financial disputes. In this case, you will be refused to leave the country. The second is that there is a problem with your passport or visa, so you cannot leave the country. There are many situations, some of which are if the passport is damaged, altered, or the chip is damaged, or if you do not have a visa for the destination country, or if the visa is expired or damaged, etc., you are not allowed to leave the country. Even if you are allowed to leave the country, you have reached your destination. The country will also refuse entry when entering the country.
2. What should I do if my flight is canceled and my visa expires?
There is no good solution, other than waiting or re-signing.
3. Refund the ticket if the visa is not issued
You can return to your country at any time if you need to.
A visa is issued by a foreign government (through an embassy or consulate) and indicates how long you are allowed to stay in the foreign country. If your visa has not expired, it means your stay in the foreign country is legal. As long as you want to return to your country, you can book a flight back with you.
On the contrary, if you come back after your visa has expired, you will have violated the regulations of the foreign country. Therefore, you must leave the country and return to your country before your visa expires.
4. How to sue the travel agency if the visa is not issued and the ticket is invalid?
Under normal circumstances, if your visa has expired, you can still leave the country. You may have to pay a certain fine when leaving the customs. Of course, it will also affect your subsequent visa application. It is recommended that you contact the local Chinese embassy or consulate and inquire with the country’s immigration office about the extension.
As for the flight circuit breaker issue, it is recommended to communicate and coordinate with the airline.
5. Will the tickets purchased by the travel agency be refunded?
my country’s current “Tourism Law” clearly stipulates that package tour contracts should be in written form, including basic information about travel agencies and tourists; travel itinerary arrangements; minimum number of people in a tour group, transportation, accommodation, catering and other travel service arrangements and standards; It is not difficult to see that the travel itinerary is an important part of the travel contract, including the specific content and time of tours, entertainment and other items; the schedule of free activities; travel expenses and the deadline and method of payment; liability for breach of contract and methods of resolving disputes.
At the same time, the “Tourism Law” also stipulates that travel agencies should provide tourists with travel itineraries before the travel itinerary begins. The travel itinerary is an integral part of the package travel contract. Tour guides and team leaders shall strictly implement the travel itinerary and shall not change the travel itinerary or suspend service activities without authorization, shall not ask for tips from tourists, and shall not induce, deceive, force or force tourists in disguised form to make purchases or participate in separately paid tours.
Anyone who changes the travel itinerary without authorization during the travel itinerary and seriously harms the rights and interests of tourists will be ordered to make corrections by the tourism authorities, fined not less than 30,000 yuan but not more than 300,000 yuan, and ordered to suspend business for rectification; if it causes tourists to be stranded and other serious consequences, The travel agency business license shall be revoked; the directly responsible person in charge and other directly responsible personnel shall be fined not less than 2,000 yuan but not more than 20,000 yuan, and the tour guide certificate and tour leader certificate shall be temporarily withheld or revoked.
In summary, even if the tourism authorities impose penalties on travel agencies or tour guides, they cannot exempt consumers from compensation. As for the amount of compensation, it should be calculated based on the actual losses you suffered.
Case introduction
An advertising company is planning to organize its employees to go on vacation to Mount Lushan. The advertising company and the travel agency signed a travel contract. The advertising company requires that the tour group must stay at a hotel in Lushan, and has agreed on liability for breach of contract: If Party A (tourists) is unable to make the trip due to reasons caused by Party B (referring to the travel agency), Party A (referring to the tourists) will be notified 5 to 3 days before the start of the tour. , pay a penalty of 20% of the total travel cost; if notified 3 days to 1 day before the start of the trip, pay a penalty of 30% of the total travel cost. After the travel agency purchased the train ticket to Lushan, the local travel agency informed the tour group agency that all guest rooms had been booked. Three days before departure, the tour group agency informed the advertising company that the trip would not be possible, and the advertising company required the tour group agency to issue a written notice. The organizing agency issued a written notice that “due to the inability to provide guest rooms as agreed, the tour cannot take place” and began to deal with the aftermath. The travel agency hopes that the advertising company can bear the loss of refunded train tickets and bear 20% of the liquidated damages; the advertising company requires the travel agency to return the full advance payment and at the same time compensate the advertising company for 30% of the total tour price as liquidated damages as stipulated in the contract. The two parties refused to give in to each other. When the negotiations failed, the advertising company complained to the tourism authorities and requested compensation.
1. Legal provisions
1. Article 8 of the Tourism Law stipulates that a contract established in accordance with the law shall be legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not change or terminate the contract without authorization. A contract established in accordance with the law shall be protected by law.
2. Article 114 of the Contract Law stipulates that if the agreed liquidated damages are lower than the losses caused, the parties may request the people’s court or arbitration institution to increase them; if the agreed liquidated damages are excessively higher than the losses caused, the parties shall You can request the people’s court or arbitration institution to appropriately reduce the amount.
3. Article 29 of the “Travel Agency Regulations” stipulates that if the travel contract signed by a travel agency and tourists is unclear or there is a dispute over the understanding of the standard terms, it shall be interpreted in accordance with common understanding; if there are more than two interpretations of the standard terms , an explanation should be made that is beneficial to tourists; if the standard terms and non-standard terms are inconsistent, the non-standard terms should be adopted
2. Case analysis
(1) The travel agency’s breach of contract is obvious. In this dispute, there is no need to discuss too much about whether the travel agency must bear the liability for breach of contract, because the travel agency must bear the liability for breach of contract for its unilateral termination of the travel contract. What we must focus on is, first, how should travel agencies bear liability for breach of contract? This is the focus of disagreement among travel agency advertising companies. Travel agencies are also willing to bear liability for breach of contract, but they have different understandings of how much liability for breach of contract they should bear. Second, whether tourists must share the travel agency’s refund losses. The travel agency requires tourists to share the cost of train tickets. The reason is that the travel agency buys the tickets to prepare for the travel group’s trip. The travel agency has incurred actual losses, which the tourists should bear.
(2) Understanding the meaning of the format clauses. The travel agency advertising company agreed in writing that “If the notice is received from 5 to 3 days before the start of the tour, 20% of the total travel fee will be paid; if the notice is received from 3 to 1 day before the start of the tour, 30% of the total travel fee will be paid. “Liquidated damages.” From the perspective of the content of the agreement, both the travel agency and the advertising company’s opinions on the payment of liquidated damages are reasonable. However, according to the “Travel Agency Regulations”, “If there are more than two interpretations of the standard terms, the interpretation should be made in favor of tourists.” “” provides that since the travel contract is provided by a travel agency, when the travel agency and the advertising company have a dispute over the interpretation of the format terms, an interpretation that is favorable to the advertising company shall be made. According to this explanation, the travel agency should compensate 30% of the total tour group price as liquidated damages.
(3) How to determine whether liquidated damages are high or low. Under normal circumstances, as long as a travel agency and advertising company sign a travel contract, including the agreement on liquidated damages, both the travel agency and the advertising company must abide by the contract. Changes in the content of the travel contract need to be resolved in two ways: First, negotiation between the two parties . Both travel agencies and advertising companies can negotiate the content of the travel contract. As long as both parties agree, the content of the travel contract can be adjusted, including the agreement on liquidated damages. Second, resolve through court litigation. For example, in the case, the travel agency believed that the liquidated damages were too high and unbearable. When negotiations failed, the travel agency filed a lawsuit with the People’s Court, requesting the court to reduce the payment of liquidated damages.
In short, due to the travel agency’s work errors, the tour group was unable to make the trip, and the direct economic losses caused could only be borne by the travel agency. If the tickets purchased by the travel agency for the tour group are refunded, the tour group cannot be blamed. The tour group had no fault in the whole process. Therefore, there is no basis for the travel agency to require the advertising company to bear the loss of the refund. In addition, the travel agency must also bear 30% of the total group payment as liquidated damages to the advertising company.
After a travel agency signs a contract with a consumer, it should arrange the travel itinerary strictly in accordance with the contract, and no one has the right to make changes without authorization. If the travel agency encounters special circumstances during the performance of the contract and needs to change the itinerary, it must state the reasons and make suggestions to the consumer. Only after the consumer agrees, the travel agency has the right to make changes. Otherwise, changing the content of the travel contract without authorization is a breach of contract. If a tour guide changes the itinerary without the consent of the travel agency, it is a violation of the contract and may cause certain losses to consumers. Since the tour guide is appointed by the travel agency, his behavior is a duty act on behalf of the travel agency, and all consequences of his behavior should be borne by the travel agency. If the tour guide’s behavior also violates the regulations of the relevant tourism administrative department, consumers can complain and report to the relevant departments, and the relevant departments will impose corresponding penalties on the tour guide. However, if it is only a unilateral breach of contract by the travel agency, the tour guide cannot be required to bear compensation liability. . Consumers can safeguard their rights under the Contract Law. Article 107 of the “Contract Law” stipulates: “If a party fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.” Article 114 It stipulates: “The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party based on the circumstances of the breach of contract, and may also agree on a method for calculating the amount of compensation for losses caused by the breach of contract. If the agreed liquidated damages are lower than the losses caused, the parties may request The People’s Court or arbitration institution shall increase the amount; if the agreed liquidated damages are excessively higher than the losses caused, the parties may request the People’s Court or the arbitration institution to appropriately reduce the liquidated damages for delay in performance. After the defaulting party pays the liquidated damages, the party shall also increase the amount. “Perform debts.” Relevant documents involved in this issue: “Contract Law”
In short, according to the analysis of netizens, you must leave evidence when defending your rights, otherwise it will be difficult to defend your rights! Hope this helps!
Be careful that the travel agency recognizes the fact of breach of contract, but does not accept the amount of economic loss compensation claimed by the consumer. The reason is that the travel agency has notified the consumer of the itinerary change via WeChat, and the change of the itinerary does not affect the number of travel days and For tourist items, the stranding is due to a typhoon and is a force majeure. Therefore, the expenses incurred should be shared between the travel agency and the tourists, and the travel agency should not bear all the responsibility.
6. What should I do if my visa expires due to flight cancellation?
Are you planning to come back after you return to China? It doesn’t matter if you don’t plan to come back.
If you go back to your country, take a China Airlines flight. Or if you have all the materials, go directly to the local prefecture to get a recepisse. Most places can get it on the same day. As long as you don’t transfer to the UK, you can transit in the Schengen countries.
7. What should I do if my visa expires due to flight cancellation?
Countries have different solutions to this situation. Taking the UK as an example, the British government stipulates that you can apply for a visa extension under special circumstances, which is called “special guarantee”. Conditions for extension application:
1. The current visa or “special guarantee” visa expires before June 30, 2022;
2. Plan to leave the UK, but cannot leave because the country/region of residence has closed its borders or quarantine facilities are temporarily overcrowded.
8. How to sue the travel agency if the ticket is invalid because the visa is not issued?
Visa rejection generally occurs for the following reasons:
1. Past or present criminal conduct
The applicant’s past, present circumstances and behavior have a strong influence on the consular officer’s decision to issue a Schengen visa. In this case, the visa may be refused due to the applicant being considered to pose a threat to the public policy, internal security or public wealth of the Schengen Area (i.e. terrorism, drug abuse, child abuse, addiction, other serious crimes).
2. False travel documents
All individuals (applicants) who try to present false travel documents to an embassy or consulate, who try to forge a false identity with a false identity, have a common fate, which is the absolute refusal of the visa and other attendant adverse consequences.
3. Insufficient explanation of the purpose and circumstances of the planned stay
Another motivation for the consular office to deny your Schengen visa is not providing the necessary justification for the purpose and conditions of your planned trip and stay. details as following:
Failure to provide employment and professional qualifications commensurate with current financial situation
Unable to provide documents supporting the purpose of travel and stay in the Schengen Area
Applying for a visa for a period that does not comply with the travel itinerary, holiday entitlements or income provided
Unable to provide an unchanging statement regarding the purpose of travel and stay
4. Damaged passport
The reason for visa refusal may be that the passport is not well preserved. This situation may occur when the passport page falls off or is lost, or the passport cover is damaged, etc.
5. Passport is invalid
Another motivation for a consular officer to reject your visa application is presenting a passport that is not acceptable to the embassy or consulate. The categories of such cases are as follows:
Return to your country with a Schengen passport valid for no more than 3 months
Present a passport without two different blank visa pages
Present a travel document booklet instead of a valid passport
Hold a valid passport for more than ten (10) years
6. Lack of proof of travel route
Another reason for Schengen visa application failure is not providing the right plan for traveling within the Schengen area. This case includes:
Applying to the wrong embassy in the Schengen area (unable to determine your main destination in the Schengen area)
Unable to prove booked accommodation in each destination and spend every night in the Schengen area
Unable to provide reserved air tickets for each applicant (as a group of travelers)
It is not possible to offer travel tickets to every tourist destination in the Schengen Area.
Learn how to get a flight itinerary for your Schengen visa application without paying any actual airfare.
7. Invalid letters of recommendation
Further evidence of a failed Schengen visa application is the provision of a formal letter of recommendation that has not been authenticated by the author. This case includes:
If a formal letter is not provided, the letter must have the company’s address and contact information, or the author himself
If a formal letter is issued no later than three months from the date of application
Missing author’s seal and signature on formal letters
other
8. Insufficient living resources
One of the reasons why the embassy or consulate of a Schengen country may refuse to grant you a visa is that there is no or insufficient evidence of your lifestyle during your stay in the Schengen area and insufficient evidence of your return to your home country. Such cases may include:
Failure to provide financial statements within one month from the date of application
Lack of entitlement to a current account statement (replaced by a credit card statement)
Lack of sufficient funds in submitted financial statements
Present a traveler’s check without the applicant’s name on it
9. Invalid birth certificate or marriage certificate
Another reason for Schengen visa application failure is the inability to provide a birth certificate or marriage certificate that is accepted by the embassy or consulate (without legalization). This case includes:
No certificate recognized by an official agency such as the Ministry of Home Affairs is provided
Failure to provide a non-English certificate translated by an authorized translator
Lack of civil certificate (replaced by religious document)
Unable to provide proof from both parents of the child
Unable to provide proof that the name on the submitted passport matches the person’s name
Unable to provide legal sole custody order documents for the children (if single parent)
Unable to provide legal adoption documents for adopted children (applicable to EU spouse applications)
10. Invalid travel insurance
Another possible reason for a failed Schengen visa application is the inability to provide appropriate travel insurance for the duration of your stay in the Schengen area. Such cases may include:
Failure to provide expected amount of travel insurance
No travel insurance is provided that does not cover the candidate’s return home
It is not possible to provide travel insurance that is valid throughout the Schengen area
Unable to present travel insurance covering the entire Schengen area trip
Learn more about Schengen travel insurance requirements.
11. Failure to provide proof of accommodation
Another factor that may cause your visa to be refused is that you cannot properly prove that you have a place to stay while traveling abroad. This case includes:
Unable to show proof of hotel reservation,
No invitation from the organizer (proof of sponsorship) is provided,
No proof of prepaid travel was presented.
Learn how to get a hotel booking confirmation for your visa application.
12. Schengen visa situation is not good
What else could ruin one’s Schengen visa application? That’s the early history of the Schengen visa. This case includes:
Previous failure to comply with the Schengen visa restrictions (i.e. staying in the Schengen area for longer than the prescribed time, not traveling according to the prescribed travel route – mainly skipping the main destination countries in the Schengen area, etc.).
Source: https://m.showguide.cn/n/2010303350.html
The most common reason is the inability to demonstrate sufficient financial support. To put it simply, you must have enough money in your bank card to be approved.