摘要
旅行社"零负团费"的经营方式对旅游者权益及旅游行业的危害十分明显,但现有法律并不能达到治理的目标。"零负团费"现象泛滥的根本原因在于:在旅游购物中受到损害的旅游者往往因异地维权的高成本而放弃追究法律责任,结果纵容了恶意商店的违法行为,并以佣金的形式滋养了"零负团费"的经营活动。通过对旅行社苛以连带责任和协助责任,使其承担与佣金收益相对等的风险与责任,并且在诉讼维权方面实现旅游者本地维权的可能性,以此倒逼旅行社放弃"零负团费"的经营活动,实现旅游市场的健康发展。
It is quite evident that ＂zero or negative tour fee＂ practice has harmed the interests of tourists and tourism industry.However,the existing laws and regulations fail to address it properly.The root cause of its unchecked spreading is that when their rights are infringed upon shopping during travel,tourists are usually forced to give up finding out legal liabilities because of the high cost at places away from home,thus making the illegal malicious shopping run wild and providing a breeding ground for the practice in the form of commission.Imposing joint and assistant liabilities on travel agencies will make them assume the risks and responsibilities in line with their profits from the commission and tourists are likely to sue for a breach of promise at home.As a result,the travel agencies are compelled to abandon such kind of operational activities so as to make sure the sound development of tourism market.
出处
《旅游学刊》
CSSCI
北大核心
2010年第9期71-76,共6页
Tourism Tribune
关键词
零负团费
法律治理
旅游购物纠纷
法律责任
zero or negative tour fee
legal solution
shopping dispute
legal liability
