出境游保证金法律地位及相关问题探讨

The Inquiry into the Legal Status of Guaranty Money in Outbound Travel and Its Relevant Problems

出境游组团社为了规避风险,向游客收取所谓的出境游保证金。尽管旅行社的行为没有违反法律规定,但在收取和管理保证金的过程中,组团社存在诸如管理不规范、数额偏高、不能及时返还、不签订书面协议、任意处置滞留不归游客的保证金等问题,影响了旅行社的社会形象,旅行社应从中吸取教训,强化对保证金的管理,维护旅行社和游客的合法权益。

To evade the risks, the outbound travel services receive the guaranty money of outbound travel from the tourist. Although the services’ operations do not break the law, in receiving and managing the guaranty money there are many problems ——irregular management, excessive guaranty money, illiteracy contract, and arbitrary handling of guaranty money received from those who stay outband after travel. Because their social features are impaired, travel services should draw lessons, improve their management of guaranty money, and safeguard their and their tourists’ interests.