The review for the 2017 Tour Guide Examination is in progress, and candidates are working hard to prepare for the exam. The following are case analysis questions on the 2017 Tourist Guide Permit Policies and Regulations. I hope it will be helpful to everyone’s study!

Case 1

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Mr. Zhang and ten others Participated in a three-day tour of Zhangjiajie organized by a travel agency. The travel contract stipulates that the accommodation standard is "two-star hotel, double standard room, private bathroom". After arriving at the hotel, these guests found that although it was a standard room with an independent bathroom, the rooms were old and worn out and the facilities could not be used normally. They decided that the hotel was not up to standard, so they insisted on asking the travel agency to change the hotel. After asking the travel agency for instructions, the tour guide said that housing was extremely tight during the Golden Week and the travel agency tried its best to get a room in this hotel. He hoped that the guests would understand and said that the travel agency was willing to compensate each guest by RMB 50. However, Zhang and others refused to accept this opinion and decided to unilaterally terminate the travel contract and return on their own. Subsequently, they filed a complaint with the Tourism Quality Supervision Office and requested the travel agency to refund all travel expenses and pay liquidated damages. After investigation and verification, the hotel was indeed a two-star hotel.

Excuse me: 1. Did the travel agency breach the contract? (1 point) Why? (2 points)

Answer: 1. No. Because the hotel is indeed a two-star hotel and complies with the contract.

2. Is the travel agency’s service defective? (1 point) Why? (2 points)

Answer: Yes. The hotel arranged by the travel agency does not meet industry standards.

3. Is what these tourists did appropriate? (1 point) Why (3 points)

Answer: Not appropriate. First, there is no situation in this case where the contract can be terminated unilaterally; second, in this case, the tourist unilaterally terminated the contract, resulting in increased losses. According to the "Contract Law", all consequences will be borne by the tourist.

Case 2

Han signed a six-day tour contract in Southeast Asia with a travel agency. The contract stipulates that the total travel fee is 4,750 yuan, of which 3,800 yuan must be paid in advance, and the balance must be paid in full before departure. After the contract was concluded, Han paid 3,800 yuan and the travel agency issued an invoice.

Fifteen days before the tour, Han was unable to travel as originally planned due to something, so he proposed to terminate the contract and requested a refund of the 3,800 yuan that had been delivered. The travel agency said that the fees paid had been used for related travel expenses. Han agreed to deduct reasonable expenses from the 3,800 yuan, but the travel agency should provide relevant certificates and refund the balance. The travel agency said that the 3,800 yuan paid by Han was a deposit and was not refundable because the contract law stipulates that if the party paying the deposit fails to perform its agreed obligations, it has no right to demand the return of the deposit.

I would like to ask: 1. Is the 3,800 yuan paid by Han a deposit or an advance payment (2 points)? Why (3 points)?

Answer: It should be regarded as an advance payment (2 points) ). In accordance with the provisions of the "Contract Law" and the "Consumer Rights and Interests Protection Law", the amount received that is not explicitly stated as a deposit in the contract shall be regarded as an advance payment (1 point). Furthermore, the "Contract Law" clearly stipulates that the deposit The amount shall not exceed 20% of the total contract price, and the fees paid by Han accounted for more than 80% of the total costs (2 points).

2. What is the difference between advance payment and deposit? (7 points)

Answer: The main differences between the two are as follows: (1) The deposit has the nature of contract guarantee, but the advance payment does not (1 point); (2) The amount of the deposit shall not exceed 20% of the total contract price, but the advance payment may not be (1 point); (3) When a breach of contract occurs, the legal consequences of the two are different (1 point) . If the payee defaults, the deposit will be returned twice (1 point), and the advance payment will be returned in full and interest will be borne (1 point); if the payer defaults, it has no right to ask for the deposit (1 point), and reasonable fees will be deducted from the advance payment. Then return it (1 point).

3. How should the travel agency handle the money from Han? (3 points)

Answer: The travel agency should deduct reasonable expenses (such as passport fees, visa fees) from the 3,800 yuan , loss of air tickets, communication costs, etc.), this is the right of the travel agency (1 point), and it is the obligation of the travel agency (2 points) to return the balance and provide relevant vouchers

Case 3

< p> A travel agency entrusted tour guide Zhang to receive a tour group from Ningbo on February 10. A travel agency entrusted tour guide Zhang to receive a tour group from Ningbo. According to the itinerary, there should be a tour group from Ningbo on February. According to the itinerary, we should go to Gulangyu Island for a one-day trip on the 12th of the month. However, when we arrived at Gulangyu Island, we should go to Gulangyu Island for a one-day trip. However, when we arrived at Gulangyu Island, the tour guide Zhang recommended "sea tour" activities to tourists. You Zhang recommends sea tourism activities to tourists. At that time, 27 people expressed their willingness to participate, while others expressed their willingness to participate, while others expressed their willingness to participate, and others expressed their willingness to participate. After oral negotiation, the guests were free in the morning and were responsible for returning and returning lunch at 12:30. They also agreed to meet at Gulangyu Pier and head to Sunlight Rock together. Gather together and head to Sunlight Rock.

However, the tour guide did not arrive at the designated location at the agreed time. The guests did not see the designated location until 14:30 in the afternoon. The guests did not see the tour guide until the afternoon, and the tour guide did not apologize to the guests. The tour guide also did not apologize to the guests. The guest was very angry and complained to the travel agency, demanding compensation for the losses. Angry complained to the travel agency and demanded compensation for the losses.

Case Analysis

When the tour guide added "sea tour" items without authorization, he failed to strictly implement the self-financed item promotion for the tour group developed by the travel agency. system, without the consent of the travel agency; introduction system, without the consent of the travel agency; and when tourists were dissatisfied, the tour guide failed to handle it promptly and properly. When dissatisfaction occurred, the tour guide failed to handle it promptly and properly, further intensifying the conflict. This in turn triggered complaints from tourists. This further intensifies the conflict and triggers complaints from tourists. The Municipal Tourism Bureau gave Zhang an order to make corrections in accordance with the provisions of Article 22, paragraph 1, of the "Tour Guide Management Regulations" and the provisions of Article 12, paragraph 1, of the "Tour Guide Management Regulations". Correction, the penalty will be to suspend the license for 3 months. The penalty is to suspend the license for 3 months. And according to the scoring method of tour guides, 8 points will be deducted.