旅行業者發行旅遊禮券可行性之研究

Abstract

各大旅展中，常見消費者排隊搶購各式餐券、溫泉泡湯券、住宿券、下午茶券、遊樂園門票不等，惟卻獨缺旅行業販售之旅遊禮券。觀察現行法規，旅行社之主管機關交通部觀光局主要以旅行業屬特許行業、需專業經營，旅遊屬於預付型交易，發行旅遊禮券顯將信用擴張，且旅行社一旦惡性倒閉，消費者將求償無門等原因，禁止旅行社業者發售旅遊禮券，交通部觀光局更曾多次發函申令旅行社業者不得發行旅遊禮券。惟旅遊禮券之發行，除有助於活絡旅遊市場，此類支付工具也深受消費者喜愛，尤其是企業戶，更常大量採購致贈員工，故是否要全面禁止發行，值得吾人思忖。 觀察先進國家如日本，發行旅遊禮券已行之有年，除有專法做控管外，履約擔保機制亦設計非常縝密周延。是以，本文擬借鏡日本法之規定，探究我國旅行社業者發行旅遊禮券時，法制上應如何做規範，另從實務工作者之角度，就產業未來發行可能會遇到的問題，提出相關配套。最後並就修法方向提出相關建議，期許政府未來開放旅行業發行旅遊禮券後，能為旅遊市場挹注活水、替業者帶來廣大商機外，也讓購買禮券之消費者，充分獲得保障，達到政府、旅行業、消費者三贏的局面。

At major travel fairs, it is common for consumers to line up to purchase all kinds of coupons, including meal coupons, spring coupons, accommodation coupons, afternoon tea coupons, and amusement park tickets, but it is rare to find the vouchers sold by the travel industry. According to the current regulations, the authority- Tourism Bureau, Ministry of Transportation and Communications, mainly considers that the travel industry is a licensed industry that requires professional operation, and views travel as a pre-paid transaction. The issuance of travel vouchers will significantly expand the credit and once the travel agency shuts down viciously, there will be no solution for consumers to seek compensation. For the above reasons, the Tourism Bureau has repeatedly sent official letters to travel agency not to issue travel vouchers. However, the issuance of travel vouchers will help activate the tourism market, and such payment tools are also popular among consumers. In particular, corporations often purchase large quantities of vouchers for employees as gifts, so it is worth considering whether to completely ban the vouchers or not. Taking advanced country such as Japan for example, the issuance of travel vouchers has been practiced for many years. In addition to special laws for regulation, the escrow mechanism is also very well-designed. Therefore, this dissertation intends to learn from the provisions of Japanese law to explore how to regulate the legal system when our country's travel agency issuing travel vouchers. In addition, from the perspective of operators to propose supporting measures for the problems that the travel industry may encounter in future. Finally, relevant suggestions are proposed to the law revision. It is hoped that after the government lifts the restrictions of the travel industry to issue travel vouchers in the future, it will not only breathe new life into the tourism market and bring greater business opportunities for the industry, but also allow consumers to fully obtain their protection to achieve a win-win situation for the government, travel industry, and consumers.