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November 5, 2010, to visit Taiwan embrace the bereaved families of the victims of the incident to take the ashes and dirt back to Zhuhai. (Picture) CFP for map
Yangcheng Evening News reporter Yin Security Studies
A year ago, 18 Zhuhai tourists to visit Taiwan, did not expect to encounter strong typhoon and mudslides, the bus sank, 18 tourists and a tour guide were killed, most of the remains has been found.
In June this year,giuseppe zanotti sandal, 18 families of the victims will be travel agencies --- Gongbei trip to court, the total amount claimed up to 11.67 million yuan. At this time, only to find the families of the victims, paradoxically travel agency travel contract signed with the victims in front of the provisions of the dispute can travel to court, but later agreed to arbitrate a dispute only. Court of First Instance ultimately rejected the prosecution.
1
Recalling pain
18 tourists killed retrieve only one remains
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A year ago on October 21, 18 tourists and a tour guide died in Taiwan,air max pas cher, Su-Hua Highway area, causing much attention across the Taiwan Strait.
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A year later, the Yangcheng Evening News reporter learned that the investigation was that 18 tourists each other together into four groups, in October 13, 2010, on the 15th have been signed with the Gongbei trip "to Taiwan tourism delegation contract", then Starting on October 16 to visit Taiwan. As planned,louboutin pas cher, the tour will end on October 22. Travel costs 4199 yuan per person.
According to the victims Gong Zhu Yan's husband saying, October 22, strong typhoon "catfish" get Suhua Highway collapse, bus hit by torrential rain and landslides into the sea. Until the 25th, was found in Yilan Jhuangwei eight sea miles off the coast at a set of human remains, it is his wife's body, the remains of other victims were not found.
Accordance with the purchase of travel insurance, the families of all the victims had received Taiwan tourists per capita of 110 million yuan in compensation.
In June this year, 18 families of the victims will tour the United Gongbei trip to court,hogan uomo, the families claim compensation for death, raising alimony, property damage expenses, funeral expenses and a total of 11.67 million yuan, and a public apology.
2
 ,sac de voyage longchamp;
Question
Adventure tours take the "road of death"
Family members told Yangcheng Evening News reporter, the main reason for the proceedings is Gongbei trip to the incident, did not pay attention to bad weather.
Before the tour departure, Taiwan's major television stations were on the "catfish" to give follow-up reports, some of rolling coverage, "Why did not cause these Gongbei China Travel Service's attention " Mr. Zhu and other family members say, trapped in the More than 500 visitors Suhua Highway, have come from the mainland, and why foreign tourists stayed in hotels in the same day
"Under the harsh environment still choose to go down this cliff there, under the cliffs, near the sea,louboutin pas cher homme, the accident occurred many times 'road of death', travel agents in the end have not put the safety of tourists in the first place "
There are families of the victims also told reporters, Gongbei Travel indifferent to the families, even the memorial service held in Zhuhai victims did not attend the workshop. Later, under questioning victims' families, Gongbei travel agencies explicitly told them that travel agents do not recognize the existence of this fault or negligence for the disaster.
3
Contradiction
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Contract terms fights only arbitration
18 families of the victims signed a total of four substantially identical "to Taiwan tourism delegation contract." Meet them hired a lawyer Gao Xi Wei, Han Qing, Acting four games this content substantially the same lawsuit.
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When the victims 'families and lawyers ready to sue, a look at this, "to Taiwan tourism delegation contract," discovered the contract signed by travel agents' possession of heaven and earth. " Like other travel contract, which several contracts were for travel services at detailed provisions. On how to resolve disputes when people are concerned about tourism, this contract is very clear.
"To Taiwan tourism delegation contract" paragraph 6 states that "dispute resolution."
As a rule, the quality of services by travel agencies Tourism Quality Supervision and management supervision, as a result of the team's quality of service issues, causing damage to the legitimate rights and interests of tourists, according to "travel agency quality deposit compensation trial standard" compensation, both parties can not be reached to the quality of tourism Supervision and management of complaints. "This contract disputes through consultation, mediation fails, the people's court may by law."
However, "to Taiwan tourism delegation contract" Diba Kuan, which is the last one, is a "special agreement terms." The terms of painting a table, all items are requested in writing, or there is the option, you need to select the painting "√", do not choose the painting "×". In this form, once again it shows the "dispute resolution": "This contract takes effect from the date of the signing of such a dispute, the parties negotiation fails, may enter into the land of tourism quality supervision and management of the contract or the Consumer Council for mediation; mediation fails,louboutin paris, the following paragraph ___ ways to solve: 1, submit the Zhuhai Arbitration Commission; 2, according to the people's court. "
In the four contracts signed in two solutions to this, there are three parts of the contract is the first choice, the victims Gong Yan, courtesy of Suhwa Chou signed the contract did not choose. This means that,magasin louboutin paris pas cher, in the same contract, the paragraph 6 of the contract agreed format to appeal court; VIII of the arbitration agreement negotiation fails only!
With a contract, the terms of two different years, have a "dispute resolution" provides very different,chaussures femmes soldes louboutin, in the end of the letter which one
4
 ,louboutin homme;
Setback
The court dismissed the prosecution families
 ,doudoune hollister;
The defendant Gongbei CTS believes that they signed with the tourists' travel to Taiwan tour contract, "Article VIII" special agreement clause "has already established that the parties mediation, arbitration should be chosen.
The family believes that the provisions of the travel contract contradictory, the contract should be invalid. 18 visitors in Gongbei tourism organizations death, is a violation of the right to life. These four cases the object of life,louboutin soldes, not mere property disputes, personal rights and jurisdiction of such court management belongs to the people, have no right to accept the arbitration committee.
However, the Court adopted a second letter "dispute resolution", that "the plaintiffs have no right to sue on the facts of the case to this court, the Court rejected the plaintiffs."
It accepted four of the first instance court proceedings is Xiangzhou District Court. August 22, there is no trial, Xiangzhou District Court rejected the families of the prosecution, and issued a civil ruling.
Xiangzhou District Court found that although "to Taiwan tourism delegation contract," the two terms are related to the treatment, but the terms of Article VIII of the Department of the special agreement, and this is to be confirmed by handwritten mode, the Court finds that this provision is the true meaning between the deceased and the defendant said that the true meaning of Article VI of the victims and the defendant is not represented between. Accordingly the Court finds that the deceased and the defendant only choice to an arbitration institution for arbitration.
5
Strive
Litigation will receive greater justice
The ruling caused a lot of dissatisfaction with their families. Families of the victims of attorney Han Qing think they hit the infringement lawsuit. "We sued the tort liability, not breach of contract. Gongbei Travel omission, to the party causing the most damage, we are not begging Gongbei Travel compensate a little bit miserable 'liquidated damages'." Gong Yan's husband Zhu Mr. angrily, which killed 18 persons, 16 of the victims have a contract signed in, indeed VIII of selected arbitration, but when his wife and courtesy of Suhwa Chou contract, and did not choose arbitration, "The court is also why given the same verdict it, this is very serious! "
September 13th, 18 families of the victims have appealed to the Zhuhai Intermediate People's Court ruled that the first instance court to set aside the ruling of the case under the jurisdiction of the courts.
Yangcheng Evening News reporter contacted Gongbei trip,air max thea, the responsible person to respect the court decision, inconvenience comment.
Why do families of the victims do not want to arbitrate, through court proceedings to resolve Han Qing explained that in accordance with the "Arbitration Law", arbitration is a one-off,hogan 2014, unless you can find loopholes in the arbitration proceedings, or not retrial, but the court may seek greater justice by multiple lawsuits.
"Contract Law" Article 41 stipulates that the standard term of two or more interpretations,peuterey originale, is not conducive to the party supplying the standard terms shall be interpreted. Standard terms and non-standard terms are inconsistent, non-standard terms should be used.
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Guangzhou University Law School Professor Liu Xinggui told Yangcheng Evening News reporter, in accordance with the "Contract Law", the court's decision itself is right, because the printed form contract is travel agents do not necessarily reflect the wishes of visitors, but the handwriting Select reflects the true wishes of tourists.
Remind
Contract close watch Supplementary Provisions
Professor Liu Xinggui believes family members to seek ways to resolve the courts, tort liability can be directly used to access to the courts, rather than by travel contract signed. With tort litigation, the court has the responsibility to accept.
Yangcheng Evening News reporter interviewed a number of people in the industry that the travel agency, and now tourists travel signed contracts with travel agencies, are generally template Tourism Bureau, the number of travel agencies will be added later in the contract some of the "other" provisions, or "special agreement clause" .
Travel agency manager, told reporters that the arbitration is clearly beneficial for travel agencies, travel agencies signed a "paradox" clause, which is not wrong with the law, as they were before the development contract will allow lawyers careful study. As a consumer, when signing this contract, we must be more than an eye, not because of the previously defined, select the court dispute, followed by additional provisions not read, it is easy to fall into the trap.
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发表于 2015-5-25 19:47:59
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