● With the increasing popularity of self-help outdoor tourism, outdoor clubs, donkey friends clubs and go on road trip clubs frequently publish tourism products illegally through WeChat groups or QQ groups, publicize tourism routes, and receive citizens or donkey friends to travel.
● According to the relevant provisions of the Tourism Law, it is illegal for non-tourism enterprises and individuals to organize tourism activities by themselves.
● To completely eradicate the chaos of compulsory consumption of low-priced groups, we should rely on the law, increase punishment measures, and increase illegal costs and rights protection benefits.
□ Our reporter Zhao Li
"Since you have chosen a group with shopping links, you need to spend. What was your attitude towards me in the shop today? They’re all fighting guerrillas in there! Now get off and go to the store, and spend 20,000 yuan an hour … …” These words came from a female tour guide in Guilin.
This female tour guide brought a group organized by a beauty brand. According to tourists, "Give a product gift of 598 yuan to the travel agency", and you can go to Guilin from Hunan for free. On the last day of the trip, due to the high consumption of jade shops, the consumption of tourists did not meet the "psychological expectation" of the tour guide, so the above scene appeared.
After this compulsory consumption incident was exposed, the "low-priced group" once again attracted attention.
With the increasing popularity of self-help outdoor tourism, it is not uncommon for outdoor clubs, donkey friends clubs, go on road trip clubs, health care products sales enterprises and some training institutions to illegally publish tourism products, publicize tourism routes and receive citizens or donkey friends to travel through WeChat groups and QQ groups. According to the relevant provisions of the Tourism Law, it is illegal for non-tourism enterprises and individuals to organize tourism activities by themselves. However, according to the disclosure of relevant departments, many tourism activities attract consumers to join the group with "low-cost group tours" or even "zero group tours".
Through unannounced visits to such organizations that operate travel agencies without travel qualifications, the "Legal Daily" reporter found that many low-priced groups hide many tricks.
Ostensibly claiming not to be profitable.
In fact, hidden invisible consumption.
Recently, the reporter found a large number of QQ groups of related organizations through online search, and the format of group names is simple and consistent: ×× Outdoor Club. The reporter tried to apply to join the QQ group of these outdoor clubs as an outdoor sports enthusiast, but the pass rate was extremely low. Many applications for joining the group are "sinking into the sea" after they are issued. Some organizations directly rejected the reporter’s application for joining the group. For example, the ×× Shanshui Outdoor Club refused on the grounds that it was not introduced by acquaintances in the group after the reporter repeatedly applied for joining the group.
After many attempts, the reporter finally entered the individual group chat as an ordinary tourist, but after joining the group, the relevant responsible persons of these organizations will know the information of the new group users, such as "Who introduced them", "Where did they come from" and "What activities have they participated in before".
At present, the QQ group of "Beijing XX Outdoor Club" has 1436 people, and it promotes itself as an outdoor adventure club with the theme of mountaineering, hiking, camping, grassland riding, desert crossing, forest adventure, seaside swimming, photography, skiing, food, singing and making friends. The outdoor activities of this club are rich and varied, and most of them are short-lived, generally divided into one-day activities and two-day activities. The prices of short-term activities are generally low. Many one-day activities cost less than 100 yuan, and some two-day activities cost around 300 yuan. Take the one-day tour of Kingfisher Valley (located in Yanqing, Beijing) as an example. The activity cost is 65 yuan/person, including car charter, expressway fee, master fee and outdoor insurance. The activity was held on June 15th. By 15:30 on June 14th, more than 50 people had signed up.
The person in charge of the club explained to the reporter: "The expenses incurred by the activity are all AA system, without any additional benefits."
Two years ago, Ms. Wang, a citizen of Beijing, was dragged into an outdoor tour group, which published many low-priced tour routes. "People who organize tours say that if they don’t make money, they just organize everyone to go out to play." But Ms. Wang found that they "have not earned less money."
She once took part in a trip to Zhangjiakou, the cost was not enough for 300 yuan, but after getting on the bus, the hidden cost began. The organizer charged each tourist 50 yuan’s hard work and each tourist had to pay 10 yuan’s tea fee after the meal.
"Without a formal contract, it is too informal for such a tour group to transfer money through WeChat or pay by punching in." Ms. Wang said.
Some insiders also revealed to reporters that some outdoor clubs often attract friends to travel under the banner of non-profit, and the relevant personnel of the club make profits through the price difference. Because outdoor clubs don’t need to pay deposits and taxes like travel agencies, the operation of outdoor clubs is almost "zero cost".
The reporter interviewed Mr. Zhang, a staff member of a scenic spot who is in charge of receiving these clubs. He said: "The profits of related expenses can basically be divided into four or six with the organizers, and the commissions taken by general travel agencies or tour leaders are more."
The promoter declares that he is not responsible.
Tourists face greater risks.
Another "Beijing Lvyou ××" QQ group information shows that it was founded on October 23, 2015. At present, it has 2,862 members and has organized 44 activities. The organizer is "Beijing× Wolf Outdoor". The activity destinations are nearly Shuanglong Gorge, Pofengling and Dongling Mountain in the suburbs of Beijing, and as far away as Wuyuan, Dunhuang and Mohe.
According to the information of official website in Beijing × Wolf Outdoor, this organization is "dedicated to the tent rental industry in Beijing (Tianjin)", and its business scope mainly includes various outdoor goods rental businesses such as Beijing (Tianjin) camping tent rental, cotton sleeping bag rental, down sleeping bag rental, walkie-talkie rental and mountaineering bag rental.
The official website page of Beijing × Wolf Outdoor has also set up a column of "Journey Friends Activities". Open this page, which shows 70 pieces of relevant travel information released by this organization from June 6, 2017 to October 24, 2018. The reporter opened several links, most of which are related introductions such as tourist routes, itinerary planning and cost range, and occasionally a "disclaimer" is attached to the introduction. Disclaimer said: The initiator of the activity is only the contact person of the activity, and may not have participated in the training of outdoor leaders and field rescue. Although it is obligatory to help every participant, the initiator and leader of the activity are not responsible for any damage and consequences caused by participating in the activity — — Sign up voluntarily at your own risk.
Such a disclaimer can also be found in the details of the activities of the "Beijing donkey friends ××" QQ group.
The reporter found that the Mountain X Outdoor Club has also organized outdoor travel activities many times. According to a tweet from its WeChat WeChat official account on June 13th, the length of a seven-day trip is around 3,000 yuan per person. The travel routes include Jiaju Tibetan Village, Hailuogou Glacier, Daocheng Aden, Siguniang Mountain and other popular tourist attractions. The expenses include transportation (driver’s accommodation), accommodation (7 nights), tickets (Siguniang Mountain Shuangqiaogou, Jiaju Tibetan Village, Aden Scenic Area, Hailuogou), meals (breakfast in Danba), tour leader service and insurance. At the same time, it is stated that this line only buys travel accident insurance for players, excluding illness insurance and financial insurance. During the activity, if the financial loss occurs, it shall be borne by the players themselves; If financial losses are caused by personal reasons and need to be handled by themselves, a "departure agreement" needs to be signed.
Another go on road trip club, "X Ant go on road trip Club", also indicated similar terms in a go on road trip route push on June 14th. There is only a 500,000 yuan personal accident insurance in the travel expenses, and there is nothing else.
The leader of "Beijing × Star Club" told reporters that the price given by his club was "more cost-effective than the travel agency" and an extra accident insurance would be given. When the reporter asked whether to sign the relevant responsibility contract, the team leader replied: "Without signing the contract, the activities are voluntary."
Free travel has become a new trick
Force shopping to set a trap
It is worth noting that related disputes occur frequently.
In April 2017, Tian Congxin, an outdoor travel enthusiast, sued the organizer of the WeChat group tour and lost the case. The lawsuit originated in the summer of 2016. He and his friends joined the WeChat group of Happy Friends’ self-help tour and drifted to Daqinggou, Inner Mongolia. During the drifting, he accidentally caused an acute compression fracture of the lumbar spine. When he claimed compensation from the tourism organizer, he was rejected and sued the court. The court ruled that the organizer did not aim at profit, and because Tian Congxin was injured in the wrong sitting position, he took full responsibility.
On November 22nd, 2014, Zhang Bingyu followed the coaches of Qingdao Qianli Sports and Leisure Club Co., Ltd. to Jiuxian Mountain for altitude downhill outward bound training. During the descent, the protective rope was untied, and Zhang Bingyu fell from a height of about 30 meters above the ground and died. Yu, an employee of Qianli Sports Company, is the leader of this outward bound training. He knows Cao, whose net name is Mumu, from the outdoor sports group, who was temporarily hired by the company as the outdoor coach of this activity. According to the verdict, both Yu and Cao claimed that they did not have the qualification certificate to engage in downhill activities.
Organizations and individuals without tourism qualifications like this often offer various low-cost tours when operating travel agency business.
According to a Beijing resident who didn’t want to be named, his parents participated in a low-cost tour organized by the "outdoor donkey friends group" WeChat group. "Everyone has a one-day tour in 50 yuan and Yixing Zhuhai. My parents gather at 6: 30 in the morning and come back with big bags at 6: 00 in the evening. Bamboo shoots, bamboo chopping boards, activated carbon balls, dish towels, etc., spend hundreds of dollars and buy a bunch of useless things. "
The reporter interviewed Mr. Zhang, who used to be a tour guide. Mr. Zhang said: "In the tourism industry, low-cost groups basically imply consumption content, which is a default rule in the industry. But if you pay enough money reasonably, there may be only some slight guidance and no compulsory consumption. "
Ma Aiping, a professor at beijing international studies university Tourism Management College, thinks that the tour fee for four days and five nights is 598 yuan. If this fee includes food, accommodation and transportation, the price is obviously low, so travel itinerary includes three shopping items.
Liu Simin, director of the Tourism Research Institute of the Cultural and Creative Industry Research Center of Beijing Foreign Studies University, believes that there may be many reasons for being lower than the market price and operating cost, but if there are obvious shopping arrangements in the itinerary, it can basically be judged as unreasonable low-cost travel.
In 2017, the National Development and Reform Commission, in conjunction with the public security, industry and commerce, price and other departments, continued to carry out a number of actions to comprehensively rectify the order of the national tourism market, and seriously investigated and dealt with illegal acts such as "unreasonably low-cost travel" and "illegally operating travel agency business", and filed 2,595 cases, fined and confiscated illegal income of 33.26 million yuan, and revoked 45 business licenses.
Since then, although the related problems of some travel agencies have been contained and supervised to a certain extent, some organizations and individuals who operate travel agencies without tourism qualifications have begun to "move". There are also companies tying health care products during the "zero tour fee" tour.
Take Jiufang Joy as an example. This company is not qualified to organize tourism. In August 2018, a fire broke out in Beilong Hot Spring Leisure Hotel in Harbin, Heilongjiang, causing 20 deaths and 23 injuries. According to media reports, Jiufang Joy mainly sells health care products to middle-aged and elderly people, and customers with large consumption can get travel opportunities rewarded by enterprises.
According to the disclosure of relevant departments in Beijing, many tourism activities use "zero tour fee" as bait to attract the elderly to join the group, which hides multiple risks. Law enforcement officials of relevant departments in Beijing said that low-cost tours under the guise of "free tours" and "zero tour fees" are becoming more and more hidden, and the elderly often become the "hardest hit areas" for being deceived.
According to law enforcement officials, at present, "buying health care products for travel" and "buying wealth management for free travel" organized in the form of companies have become new tricks of criminals, and even some companies cheat in the name of recruiting "tourism experiencers", and applicants encounter compulsory shopping traps when traveling.
"WeChat friends circle, clubs, motorists’ clubs and other spontaneous group trips are often personal agreements, and there is no business license. Many irregular behaviors cannot be defined and are in a blind spot of supervision. This kind of tourism behavior is more prone to problems, ‘ Black tour guide ’ The phenomenon of slaughtering customers is even more difficult to detect, which brings difficulties to tourism law enforcement and evidence collection. " Beijing lawyer Liu Chengxian told reporters.
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