旅游“零负团费”问题法律规制再检审——兼论《旅游法》适用中的新问题

A Rereading of Governance of Operating by Zero and Negative Expense: Some Views about Application of Tourism Law

"零负团费"是一种扰乱旅游市场、侵害旅游者利益的经营方式。我国通过一般法律、旅游专门法以及地方法规和规定等三个层面对它进行规制,其中《旅游法》是最重要的规制手段。然而,该法实施以来,治理效果并不显著。由于现行法存在漏洞、新旧法衔接断层等原因,"零负团费"以更加隐蔽的形式运行,强制旅游者购物等现象还大量存在。针对实践中出现的新问题,《旅游法》中规制"零负团费"的思路应当从以下三个方面进行完善:允许旅行社指定旅游购物场所但限制购物次数、细化包价旅游合同必要条款、旅行社先行赔付责任制度与旅游服务质量保证金衔接。

There are three ways to manage the problem of operating by zero and negative expense, by general laws and regulations, especial laws and regulations on tourist trade and local statutes. The Tourism law is the most important one. Because of legal loopholes and no - coordination with new rule and the old one, the effect of the management looks quite not very well since the law has put into effect. The problem of operating by zero and negative has not ameliorated. To manage the problem , the Tourism law should be improved from methods, such as stipulating the travel agencies arranging shopping in regular places and restrict the shopping times, concretizing the necessary clauses of the package tour contract and solving the coordination with each other between the travel agency compensation in advance and travel agency quality of service guarantee fund.