Some travel agencies in Yunnan prohibit journalists from participating in legal groups: afraid of being photographed shopping itinerary profession | lawyer | journalist
As summer vacation approaches, tourism in Yunnan is gradually becoming popular. However, recently, a news professional revealed on social media that when booking a Yunnan travel agency through online group buying, he was advised by customer service not to join the group because he held a press card.
The reporter noticed that as early as 2017, some media outlets exposed that Yunnan travel agencies have explicitly stipulated that they do not accept professional personnel such as lawyers, journalists, or tour guides to participate in tours. Subsequently, relevant platforms have made improvements. The lawyer stated that such behavior has violated the Consumer Rights Protection Law. The Yunnan Provincial Department of Culture and Tourism stated that no similar phenomenon has been found and suggested that journalists should not choose tourism products that are too cheap.
Travel agency: Tour guides do not accept customers from "sensitive industries"
Mr. Li, a journalist, stated that he purchased a Yunnan tour in a group on a certain short video platform. When communicating with the platform guy about travel matters, he asked an additional question: "Is there a discount or free admission for having a journalist's ID?" Unexpectedly, the other party immediately called to verify his identity. After confirming, he suggested not to join the tour group, saying that this type of tour group definitely cannot withstand scrutiny. He cannot take such a big risk and is afraid of losing his job
A journalist recently roast on the Internet. Image source/Network screenshot
Is it true that this is the case? On the morning of the 17th, the reporter verified whether the journalist's ID card was discounted or free of admission, citing reservations for a group tour of Lijiang Dali Shangri La. After hearing the reporter's inquiry, the customer service representative of Kunming Kanghui Tourism directly said, "We cannot receive reporters, and there are no travel agencies willing to receive journalists."
When the reporter asked if they didn't receive the reporter due to ticket discounts, the customer service representative emphasized that some tour guides at certain tourist attractions are unwilling to receive the reporter, which is a rule of the industry: "Unless you are with a pure play group, generally you need to enter the shopping store. Shopping is voluntary now, and you won't be forced to make purchases. But the tour guide still definitely wants you to buy some." The customer service representative suggested that when registering for a tour, you don't mention yourself as a journalist, and there shouldn't be any major problems.
The reporter consulted Kunming China International Travel Service on the grounds of registering for the Xishuangbanna Pure Play Group. A customer service manager heard that it was a journalist participating in a tour group and said, "Even tour guides dare not accept this kind of thing. If they take two random photos on the road, it's a bit difficult to handle, so it's best not to go. The company has regulations that journalists are professionals here, and tour guides may not accept them. Although it's a purely entertainment group, it's inevitable that there will be shopping in some scenic spots during the trip. After the journalist takes the photos, it's hard to explain this thing. If he comes here just to get some news, it's hard to say."
"If you're playing, don't say you're a journalist. Because the company basically doesn't accept sensitive industries, such as lawyers," said the customer service manager.
The reporter also consulted two local travel agencies in Dali and Xishuangbanna. However, both staff members stated that there are no restrictions on the identity of journalists in the pure play group, but the scenic area may not have any preferential conditions for journalist cards.
In 2017, a travel agency was punished for this
According to CCTV, before the 2017 Spring Festival holiday, some "special offer tour groups" on a certain platform set many thresholds, with regulations on the geographical location, age, and gender composition of consumers. Some projects even prohibit journalists, lawyers, and tourism industry professionals from participating in the delegation. The customer service representative of Kunming China International Travel Service stated that these tour groups will bring tourists into some shopping stores because they are concerned that such behavior may be exposed by reporters or lawyers may use contracts to argue, so restrictions are imposed on tourists in these two professions.
In 2017, some Yunnan tourism products on a certain platform imposed restrictions on the occupation and geographical location of tourists. Image source/network
An industry insider who declined to be named stated that the main concern is that people in these specific professions are "nitpicking", such as lawyers who have specific professional abilities to determine whether what they are doing is legal or illegal. Journalists have media resources and there is a possibility of media coverage.
Subsequently, the platform stated that it had taken down the illegal products and punished the exposed product suppliers in accordance with relevant rules. It apologized to the relevant users involved and welcomed media and public opinion supervision.
The reporter saw on multiple Yunnan tourism booking interfaces on a certain platform that currently, in terms of crowd restrictions, only for safety reasons, do not accept prompts for pregnant women to book, and no longer see restrictions for specific professions. However, during the journalist's consultation, it was found that some travel agencies in Kunming still have restrictions on specific professions such as journalists.
On July 17th, a reporter called the Propaganda and Promotion Department of Yunnan Provincial Department of Culture and Tourism, and a staff member said that they had not heard of similar restrictions on journalist participation in delegations. "As a tourist, there must be no problem with you. You may say that you are a journalist, and the other party may think that you are going to interview or something else." The staff member also suggested that reporters should not quote low-priced groups, as groups that quote normal prices should not encounter such problems. If it is specifically for connecting with scenic spots or conducting interviews, it is necessary to contact them in advance.
Lawyer: Depriving consumers of their right to choose violates consumer law
The reporter also conducted a small investigation into multiple lawyers, asking if they have encountered similar situations while purchasing travel services or traveling. Zhang Weiping, the chief lawyer of Guangdong Pingwei Law Firm, and Nie Weichang, a lawyer of Beijing Dacheng Law Firm, both stated that such incidents have not yet occurred.
Zhang Weiping believes that neither the Tourism Law nor the Consumer Rights Protection Law restricts tourists or groups of consumers. This behavior restricts the rights of special groups, violates relevant legal provisions of the Consumer Rights Protection Law, deprives special groups of the right to choose as consumers, and is considered illegal.
Lawyer Nie Weichang stated that setting conditions to restrict journalists, lawyers, or tour guides from participating in the delegation is illegal. Article 9 of the Consumer Rights Protection Law stipulates that consumers have the right to full information, the right to life and health, the right to property safety, and the right to choose. These rights are granted to consumers by law, and operators do not have the right to choose consumers. Article 16 also stipulates that when providing goods or services to consumers, business operators shall abide by social ethics, operate with integrity, protect the legitimate rights and interests of consumers, and shall not set unfair or unreasonable transaction conditions or force transactions.
Fu Jian, director of Henan Zejin Law Firm, also believes that travel agencies often add restrictive clauses in group buying products, treating individual types of groups differently. This phenomenon is not uncommon in the entire industry. On the one hand, the reason may be that lawyers and journalists are familiar with the law and public opinion, as well as the golden rules for handling problems, so they can easily identify the tricks of travel agencies and make reasonable arrangements. The differential treatment of consumer groups by travel agencies not only involves regional and occupational discrimination, disrupting market order, but also infringes on the legitimate rights and interests of consumers, which is not conducive to the healthy development of the industry.
