Recently, the Delta variant outbreak has led to the closure of numerous tourist attractions across multiple regions. Under the support of free ticket refund policies, various platforms have seen a surge in cancellation orders.A representative from Tongcheng Travel stated that following the outbreak in Nanjing, the company immediately activated its Warm Service Assurance Plan, continuously upgrading travel protection measures daily based on pandemic developments. Currently, refund and modification policies have been established for hotels and attractions in 33 cities across 13 provinces including Jiangsu and Hunan, with the plan undergoing ongoing enhancements.
What happens when travelers face conflicts with tour operators due to unfulfilled flight and hotel bookings, or unmet travel contracts? Travelers often plan trips well in advance, sign contracts, and pay fees for flights, accommodations, and visas. Yet sudden pandemic resurgences disrupt these arrangements.
Previously, the Supreme People's Court, Ministry of Justice, and Ministry of Culture and Tourism jointly issued the "Notice on Properly Handling Tourism Contract Disputes Related to the Epidemic," requiring lawful and appropriate resolution of such disputes. It emphasizes prioritizing non-litigation dispute resolution mechanisms, strengthening source governance and comprehensive management, and establishing a coordinated mediation system where people's mediation, administrative mediation, and judicial mediation complement each other and interface seamlessly.Under pandemic control measures, both domestic and outbound travel have become objectively unfeasible. According to the Contract Law, Tourism Law, and relevant judicial interpretations, both travelers and travel agencies have the right to request contract termination. At this stage, both parties may negotiate contract termination to prevent further losses.
Pursuant to Articles 94 and 117 of the Contract Law and Article 67 of the Tourism Law, when a tourism contract cannot be performed due to force majeure, both parties have the right to terminate the contract and be partially or fully exempted from liability.Pursuant to Article 180(2) of the General Principles of the Civil Law, force majeure refers to unforeseeable, unavoidable, and insurmountable objective circumstances (such as natural disasters, wars, terrorist activities, or sudden public health emergencies). Accordingly, the inability to perform or continue performing a tourism contract due to the pandemic impact should be recognized as a force majeure event.
Pursuant to Article 67 of the Tourism Law and Article 13 of the Supreme People's Court's Provisions on Several Issues Concerning the Application of Law in the Trial of Tourism Dispute Cases, where a contract is terminated due to force majeure, expenses not actually incurred shall be refunded to the tourist. Expenses already paid by the travel agency to the local reception agency or service provider that are non-refundable may be deducted and are not subject to refund. Accordingly, the expenses to be refunded to the tourist are those not actually incurred.
Thus, determining which fees paid by tourists should be refunded after contract termination constitutes a key aspect of tourism contract disputes. On one hand, upon contract termination, the organizing travel agency shall refund the balance to tourists after deducting non-refundable expenses already paid to the receiving agency or service providers. Upon contract modification, any resulting additional costs shall be borne by tourists, while reduced costs shall be refunded to them.On the other hand, after terminating the contract with the tourist, the travel agency shall promptly cease bookings, cancel airline tickets and hotel rooms, and notify the local reception agency to cancel entrusted arrangements to minimize the tourist's losses. The travel agency also has the obligation to actively pursue reimbursement from service providers for expenses already paid to reduce actual losses.
Regarding travel disputes and complaints related to the pandemic, tourism authorities at all levels should adopt multiple measures. Guided by principles of fairness and impartiality, they should legally protect the legitimate rights and interests of both tourists and travel agencies, actively and prudently mediate disputes and complaints, and proactively resolve conflicts. Parties to travel contracts should also engage in maximum consultation and communication to minimize losses.Tour operators should assist travelers in handling contract termination and refund matters. Travelers, in turn, should show empathy and fully understand the non-refundable expenses already incurred by tour operators.