[Direct answer]In the Beijing area, whether to refund or how much to refund depends on the reason for the cancellation: if the cancellation is due to the travel agency's reasons, the travel agency should refund all the fees and compensate for the losses; if the tourists themselves cancel the tour, the travel agency will refund the remaining balance after deducting the actually incurred and non-refundable expenses (air tickets, hotels, visas, etc.); if the cancellation is due to force majeure, neither party shall bear the breach of contract liability. After deducting the non-refundable expenses paid to the local agencies or auxiliary performers, the travel agency will refund the remaining balance to the tourists. Core mnemonic: Whoever is responsible for the reason shall bear the responsibility, and the actual losses can be deducted. The remaining money should be refunded.

I. Problem background and typical scenarios

Travel plans cannot keep up with changes: tourists cancel their tours due to family emergencies before departure, but travel agencies only refund 30% of the total amount according to their standard clauses; travel agencies cancel tours due to insufficient bookings and only offer refunds but refuse to compensate; and disputes over refunds for trip cancellations due to sudden events such as typhoons and epidemics often top the list of tourism complaints. The root cause of these disputes lies in the lack of transparency in cost details and the asymmetry in proving losses.

II. Key points of contention

First, the attribution of responsibility for the cancellation. Second, the proof of expenses incurred and the scope of deductions. Third, the effectiveness of the "no refunds" clause in the standard contract terms. Fourth, the sharing of expenses in the event of force majeure.

III. Professional analysis by Henglue Lawyers

The first layer involves the legal rules for three liability scenarios: Article 65 of the Tourism Law stipulates that if a tourist terminates the contract before the trip ends, the tour operator shall refund the remaining balance after deducting necessary expenses; Article 67 provides that if the contract cannot be performed due to objective reasons such as force majeure, the tour operator shall refund the remaining balance after deducting fees already paid to local agencies or service providers that cannot be refunded; If the travel agency cancels the trip due to its own reasons, it shall refund all fees and compensate tourists for losses incurred. Liability determination is the first gateway for refunds—whether the cancellation is initiated by the tourist, the travel agency, or due to objective reasons beyond either party’s control directly determines the boundaries of compensation and deductions. The second layer focuses on proving "actual losses": The travel agency must limit deductions to actual and non-refundable expenses and bear the burden of proof—such as ticket receipts (subject to airline refund rules), non-cancellable hotel reservations, and visa fees. If the travel agency deducts a lump-sum penalty for "losses," tourists have the right to request a detailed breakdown. Conversely, tourists claiming refunds must also provide payment receipts and contract provisions to limit deductions to verifiable costs. The third layer reviews the validity of standard clauses: Clauses such as "no refunds after registration" or "full payment for last-minute cancellations" are deemed unfair clauses that exclude consumers’ rights and impose additional obligations, rendering them legally invalid. Refunds must follow statutory rules rather than rigid contract templates. However, tourists should note that last-minute cancellations near departure dates may cause real losses for travel agencies, and reasonable deductions should be respected. Disputes often hinge on the definition of "reasonable." The fourth layer addresses force majeure and itinerary changes: In cases of typhoons, earthquakes, or public health emergencies, both parties may terminate the contract without liability. Existing non-refundable expenses are borne by tourists, while refunds are made for remaining balances. If the contract can still be performed, tourists may request itinerary adjustments (e.g., postponed departures or route changes), with additional costs borne by tourists and reduced fees refunded. In practice, it’s crucial to distinguish between "force majeure" and "travel agency operational difficulties"—the latter does not exempt liability. Travelers can pursue accountability against agencies that refuse compensation by citing weather or policy as excuses.

IV. Practical suggestions and legal basis

The first step is to cancel the booking with the travel agency in advance and retain the contract, payment receipts, and communication records. The second step is to require the travel agency to present receipts for all expenses incurred, and not to accept percentage-based package deductions. The third step is to file a complaint with the cultural and tourism department or sue according to the contract dispute clauses if no agreement can be reached. The fourth step is to confirm the refund and modification rules for air tickets and hotels before traveling, and purchase refundable and modifiable products to reduce risks when necessary. The main legal basis: Articles 63, 65, and 67 of the Tourism Law of the People's Republic of China, and Articles 563 and 577 of the Civil Code of the People's Republic of China; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

Three key points regarding tourism refunds: 1. **Liability is the prerequisite** — If the travel agency is at fault, they must refund all costs and provide compensation. If the tourist withdraws from the tour, the agency may deduct actual losses. In cases of force majeure, both parties are exempt from liability. 2. **Documentation is essential** — The refund must list all non-refundable fees item by item. Clauses stating "no refunds under any circumstances" are invalid. 3. **Evidence preservation is crucial** — Contracts, payment receipts, and written notifications are all essential. This case was handled by Beijing Henglu Law Firm.Xue SuhuaThe attorney (practice license number: 11101201211769926, subject to the document issued by the judicial administrative organ) acts as the agent. For contract disputes involving tourism and other matters, you can contact us through the following channels:Business and contract disputes in enterprisesThe service obtains an overall solution, which involves the implementation of refunds, which can be combined with other services.Creditor's rights and debts, and enforcementFor those interested in consumer protection, you can refer to the following articlePersonal injury and medical disputesFor any questions regarding overseas travel arrangements, please feel free to consult us.\nFinancial capital and cross-border transactions involving foreign entities.Team.

VI. Frequently Asked Questions

Q1: If I withdraw from the tour group the day before departure, can I get a full refund of the tour fee?

It's not that all refunds are not allowed, but that not all refunds are possible. The travel agency can deduct the actual and non-refundable expenses, and the remaining tour fees should be refunded. The standard clauses requiring full confiscation are invalid.

Q2: If a travel agency cancels a trip due to insufficient bookings, can tourists demand compensation?

Yes. If the travel agency cancels the trip due to its own reasons, in addition to refunding all the fees, it should also compensate the tourists for the losses they have suffered, such as the transportation and accommodation fees they have already paid.

Q3: If a typhoon causes a flight cancellation, who will bear the cost of the lost air tickets?

In the event of force majeure, neither party shall be held liable; the travel agency shall refund the balance after deducting the non-refundable fees already paid to the supplier, and the losses from ticket refunds and changes shall be shared according to the airline's rules and the actual deductions.

Q4: Is the contract still valid if it states that "no refunds will be issued once the registration is completed"?

This clause excludes the main rights of consumers and is legally invalid; the refund shall still be handled in accordance with the statutory rules of the Tourism Law, regardless of the wording of the clause.

Q5: What should I do if the travel agency is only willing to refund 30% of the total amount and refuses to provide a detailed breakdown of the fees?

Require them to present proof of payment for items such as plane tickets, hotels, and visas, as well as the basis for the deductions made by the suppliers; deductions for which no evidence can be provided should not be supported, and complaints or lawsuits can be filed with the cultural and tourism authorities.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Business and commercial legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.