Mr. Hu and Mr. Li travel separately and provide services through the same travel agency. In the process, they ran into trouble. When they claimed compensation from the travel agency, the result was different. Mr. Hu participated in the group tour, and the hotel arranged by the land agency lowered the standard, and the group agency compensated Mr. Hu; However, Mr. Li is more experienced and unwilling to join the tour group. He only asked travel agencies to book air tickets and designated hotels for travel agencies to book. The hotel service was poor and the negotiation failed. Mr. Li's request for compensation from the travel agency for hotel service fees was rejected, and his complaint to the competent authorities was not supported. Why can Mr. Hu get compensation from the same travel agency while Mr. Li Can can't?

II. Relevant laws and regulations

1, Article11of the Tourism Law stipulates that a package tour contract refers to a contract in which a travel agency arranges a trip in advance to provide two or more travel services such as transportation, accommodation, catering, sightseeing, tour guide or tour leader. Tourists pay the total travel expenses.

2. Article 406 of the Contract Law stipulates that if the paid entrustment contract causes losses to the client due to the fault of the agent, the client may demand compensation for the losses. If the gratuitous entrustment contract causes losses to the principal due to the intentional or gross negligence of the agent, the principal may demand compensation for the losses.

3. Article 25 of the Provisions of the Higher People's Court on Several Issues Concerning the Application of Laws in the Trial of Tourism Disputes stipulates that: if a tour operator designs in advance and provides one or more services such as transportation, accommodation and sightseeing at a certain total price, but does not provide a tour guide or tour leader, and the tourists arrange their own tours, the people's court shall support the services provided by the tour operator that do not conform to the agreement and infringe on the legitimate rights and interests of tourists.

4. Article 74 of the Tourism Law stipulates that if a travel agency accepts the entrustment of a tourist to book travel services such as transportation, accommodation, catering, sightseeing and entertainment, it shall handle the entrustment affairs in person. If the travel agency's fault causes losses to tourists, the travel agency shall be liable for compensation.

Third, the case analysis

1. Types of travel contracts

Formally, it can be divided into written and oral travel contracts;

From the point of view of location, it can be divided into domestic travel contracts and overseas travel contracts;

The most important thing is the content. Before the promulgation of Tourism Law, it can be divided into package tour, free travel and travel agency contract. The provisions of the free travel contract can refer to the provisions of Article 25 of the Provisions of the High Court on Several Issues Concerning the Application of Laws in the Trial of Tourism Dispute Cases. After the promulgation of the Tourism Law, free travel has been classified as a package travel contract, which is no longer an independent type of travel contract. Travel contracts are divided into package travel contracts and agency travel contracts.

2. The traditional free travel contract has disappeared.

According to article11of the Tourism Law, the so-called package tour contract must meet three elements. First, tourism products are designed by travel agencies in advance, without the participation of tourists, who choose tourism products according to their own needs. Second, the travel agency provides more than two services, regardless of whether the service is provided directly by the travel agency or by the performance assistant. Third, tourists pay the total price to the travel agency. As long as the above three conditions are met, a travel contract is a package tour contract. At present, the so-called free travel is essentially a small package tour contract, which is a slim version of the package tour contract. Travel agencies design products in advance and provide two services for tourists, who pay in the form of total price.

3. Different travel contracts have different responsibilities.

As far as the package tour contract is concerned, as long as the travel agency and its helpers are at fault, whether the fault is breach of contract or infringement, the package tour agency is the ultimate undertaker of the service fault. Of course, tourists can also claim rights directly from the responsible person. It can be said that the package tour contract means that the package tour agency undertakes all the responsibilities within the scope of the contract.

In the responsibility of agency travel contract, the travel agency bears less responsibility. As long as the travel agency bears the fault liability of agency service, for example, the tourist requests to reserve a four-star room, but the travel agency reserves a three-star room for the tourist, the travel agency will bear the liability for breach of contract. For another example, the travel agency booked a plane ticket according to the requirements of tourists, but the flight was temporarily cancelled and the travel agency would not be responsible.

Therefore, in the above-mentioned cases, the rights and interests of both tourists have been damaged, and the responsibilities undertaken by travel agencies are different, because there are different contractual relationships between travel agencies and tourists.