Tourism Law
Release time:
2021-04-09
Tourism Law of the People's Republic of China
(Adopted at the second meeting of the Standing Committee of the Twelfth National People's Congress on April 25, 2013, amended for the first time according to the Decision on Amending the "Foreign Trade Law of the People's Republic of China" and other twelve laws adopted at the twenty-fourth meeting of the Standing Committee of the Twelfth National People's Congress on November 7, 2016, and amended for the second time according to the Decision on Amending the "Wildlife Protection Law of the People's Republic of China" and other fifteen laws adopted at the sixth meeting of the Standing Committee of the Thirteenth National People's Congress on October 26, 2018.)
Table of Contents
Chapter One General Principles
Chapter Two Tourists
Chapter Three Tourism Planning and Promotion
Chapter Four Tourism Operations
Chapter Five Tourism Service Contracts
Chapter Six Tourism Safety
Chapter Seven Tourism Supervision and Management
Chapter Eight Tourism Dispute Resolution
Chapter Nine Legal Responsibilities
Chapter Ten Supplementary Provisions
Chapter One General Principles
Article 1 In order to protect the legitimate rights and interests of tourists and tourism operators, regulate the order of the tourism market, protect and reasonably utilize tourism resources, and promote the sustainable and healthy development of the tourism industry, this law is formulated.
Article 2 This law applies to tourism activities such as sightseeing, vacation, and leisure organized within the territory of the People's Republic of China and to related business activities providing services for tourism activities.
Article 3 The state develops the tourism industry, improves public tourism services, and protects the rights of tourists in tourism activities according to law.
Article 4 The development of the tourism industry should follow the principle of unifying social benefits, economic benefits, and ecological benefits. The state encourages various market entities to reasonably utilize tourism resources in accordance with the law while effectively protecting them. Tourist sites built with public resources should reflect public welfare.
Article 5 The state advocates healthy, civilized, and environmentally friendly tourism methods, supports and encourages various social organizations to carry out tourism public welfare publicity, and rewards units and individuals that make outstanding contributions to the development of the tourism industry.
Article 6 The state establishes and improves tourism service standards and market rules, prohibits industry monopolies and regional monopolies. Tourism operators should operate with integrity, compete fairly, assume social responsibilities, and provide safe, healthy, hygienic, and convenient tourism services for tourists.
Article 7 The State Council establishes and improves a comprehensive coordination mechanism for tourism, coordinating the development of the tourism industry.
Local people's governments at or above the county level should strengthen the organization and leadership of tourism work, clarify relevant departments or institutions, and coordinate the development and supervision of the tourism industry in their administrative regions.
Article 8 Legally established tourism industry organizations shall implement self-discipline management.
Chapter Two Tourists
Article 9 Tourists have the right to independently choose tourism products and services and have the right to refuse the coercive trading behavior of tourism operators.
Tourists have the right to know the true situation of the tourism products and services they purchase.
Tourists have the right to request tourism operators to provide products and services as agreed.
Article 10 The personal dignity, ethnic customs, and religious beliefs of tourists should be respected.
Article 11 Tourists such as persons with disabilities, the elderly, and minors shall enjoy conveniences and discounts in tourism activities in accordance with laws, regulations, and relevant provisions.
Article 12 Tourists have the right to request assistance and protection when their personal or property safety is in danger.
Tourists whose personal or property rights are infringed have the right to obtain compensation according to law.
Article 13 Tourists shall abide by social public order and social morality during tourism activities, respect local customs, cultural traditions, and religious beliefs, protect tourism resources, safeguard the ecological environment, and comply with the norms of civilized tourism behavior.
Article 14 Tourists shall not infringe upon the legitimate rights and interests of local residents during tourism activities or in resolving disputes, shall not interfere with others' tourism activities, and shall not infringe upon the legitimate rights and interests of tourism operators and tourism practitioners.
Article 15 When purchasing or receiving tourism services, tourists shall truthfully inform tourism operators of personal health information related to tourism activities and comply with safety warning regulations during tourism activities.
Tourists shall cooperate with the measures taken by the state to temporarily restrict tourism activities in response to major emergencies and the safety precautions and emergency response measures taken by relevant departments, institutions, or tourism operators.
Tourists who violate safety warning regulations or fail to cooperate with the measures taken by the state to temporarily restrict tourism activities in response to major emergencies, safety precautions, and emergency response measures shall bear corresponding legal responsibilities.
Article 16 Tourists going abroad shall not illegally stay abroad, and tourists traveling in groups shall not split from the group or leave the group without permission.
Tourists entering the country shall not illegally stay in the country, and tourists entering in groups shall not split from the group or leave the group without permission.
Chapter Three Tourism Planning and Promotion
Article 17 The State Council and local people's governments at or above the county level shall incorporate the development of the tourism industry into national economic and social development planning.
The State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the central government, as well as the people's governments of cities and counties with rich tourism resources, shall organize the preparation of tourism development plans in accordance with the requirements of national economic and social development planning. When utilizing tourism resources that cross administrative regions and are suitable for overall utilization, the upper-level people's government shall organize the preparation of a unified tourism development plan or the relevant local people's governments shall negotiate to prepare a unified tourism development plan.
Article 18 Tourism development plans shall include the overall requirements and development goals for the development of the tourism industry, the requirements and measures for the protection and utilization of tourism resources, as well as the requirements and promotion measures for tourism product development, tourism service quality improvement, tourism culture construction, tourism image promotion, and the construction of tourism infrastructure and public service facilities.
According to the tourism development plan, local people's governments at or above the county level may prepare special plans for the development and utilization of key tourism resources, proposing specific requirements for tourism projects, facilities, and service functions in specific areas.
Article 19 Tourism development plans shall be coordinated with the overall land use planning, urban and rural planning, environmental protection planning, and other planning for the protection and utilization of natural resources and cultural resources.
Article 20: People's governments at all levels shall fully consider the spatial layout and construction land requirements of relevant tourism projects and facilities when formulating land use master plans and urban-rural plans. Planning and constructing infrastructure and public service facilities such as transportation, communication, water supply, power supply, and environmental protection shall also take into account the needs of tourism development.
Article 21: The tourism utilization of natural resources and cultural resources such as cultural relics must strictly comply with relevant laws and regulations, meet the requirements for resource and ecological protection and cultural relic safety, respect and maintain local traditional culture and customs, preserve the regional integrity, cultural representativeness, and regional uniqueness of resources, and consider the need for military facility protection. Relevant authorities should strengthen supervision and inspection of resource protection and tourism utilization.
Article 22: People's governments at all levels shall organize evaluations of the implementation of tourism development plans formulated by their respective governments and make the results public.
Article 23: The State Council and local people's governments at or above the county level shall formulate and implement industrial policies conducive to the sustainable and healthy development of the tourism industry, promote the construction of tourism and leisure systems, take measures to promote regional tourism cooperation, encourage the development of cross-regional tourism routes and products, and promote the integration of tourism with industries such as manufacturing, agriculture, commerce, culture, health, sports, and science and education, while supporting the development of tourism in ethnic minority areas, revolutionary old areas, remote areas, and impoverished areas.
Article 24: The State Council and local people's governments at or above the county level shall allocate funds based on actual conditions to strengthen the construction of tourism infrastructure, public tourism services, and the promotion of tourism image.
Article 25: The state shall formulate and implement a tourism image promotion strategy. The tourism authority of the State Council shall coordinate the overseas promotion of the national tourism image, establish tourism image promotion agencies and networks, and carry out international cooperation and exchanges in tourism.
Local people's governments at or above the county level shall coordinate the local tourism image promotion work.
Article 26: The tourism authority of the State Council and local people's governments at or above the county level shall establish public information and consultation platforms for tourism as needed, providing necessary information and consultation services to tourists free of charge regarding tourist attractions, routes, transportation, weather, accommodation, safety, and medical emergencies. Relevant departments of municipal and county-level people's governments shall set up tourism consultation centers at transportation hubs, commercial centers, and places where tourists gather, and set up tourism directional signs at scenic spots and on roads leading to major scenic spots.
Municipal and county-level people's governments with rich tourism resources may establish dedicated tourist transport lines or transfer stations based on local conditions to provide services for tourists traveling in cities and surrounding areas.
Article 27: The state encourages and supports the development of tourism vocational education and training to improve the quality of tourism practitioners.
Chapter 4: Tourism Operations
Article 28: To establish a travel agency, attract, organize, and receive tourists, and provide tourism services, the following conditions must be met, and permission must be obtained from the tourism authority, along with legal business registration:
(1) A fixed place of business;
(2) Necessary business facilities;
(3) Registered capital that meets regulations;
(4) Necessary management personnel and tour guides;
(5) Other conditions stipulated by laws and administrative regulations.
Article 29: Travel agencies may operate the following businesses:
(1) Domestic tourism;
(2) Outbound tourism;
(3) Border tourism;
(4) Inbound tourism;
(5) Other tourism businesses.
Travel agencies operating the second and third businesses mentioned above must obtain the corresponding business operation licenses, with specific conditions set by the State Council.
Article 30: Travel agencies shall not rent or lend their business operation licenses, or illegally transfer their business operation licenses in any other form.
Article 31: Travel agencies shall pay a tourism service quality guarantee deposit as required, which shall be used for compensating damages to tourists' rights and for emergency rescue costs when tourists' personal safety is at risk.
Article 32: Travel agencies must ensure that the information they publish to attract and organize tourists is true and accurate, and shall not engage in false advertising or mislead tourists.
Article 33: Travel agencies and their staff shall not arrange visits or participation in projects or activities that violate Chinese laws, regulations, and social ethics when organizing and receiving tourists.
Article 34: Travel agencies organizing tourism activities shall purchase products and services from qualified suppliers.
Article 35: Travel agencies shall not organize tourism activities at unreasonably low prices to lure tourists, nor obtain improper benefits through shopping arrangements or additional paid tourism projects.
When organizing and receiving tourists, travel agencies shall not designate specific shopping locations or arrange additional paid tourism projects, except where both parties agree or at the request of the tourists, provided it does not affect the itinerary of other tourists.
In the event of violations of the previous two provisions, tourists have the right to request the travel agency to process returns and advance the refund within thirty days after the end of the tour, or to refund the costs of additional paid tourism projects.
Article 36: Travel agencies organizing group outbound tourism or organizing and receiving group inbound tourism shall arrange for a team leader or tour guide to accompany the group throughout the journey as required.
Article 37: Individuals who pass the tour guide qualification examination and have signed a labor contract with a travel agency or registered with a relevant tourism industry organization may apply for a tour guide certificate.
Article 38: Travel agencies shall sign labor contracts with the tour guides they employ in accordance with the law, pay labor remuneration, and contribute to social insurance.
When travel agencies temporarily hire tour guides to provide services to tourists, they shall pay the full amount of the tour guide service fee as stipulated in Article 60, paragraph 3 of this law.
Travel agencies arranging tour guides to provide services for group tourism shall not require tour guides to advance or charge any fees.
Article 39: Individuals engaged in team leader services must obtain a tour guide certificate, possess the corresponding educational background, language skills, and tourism work experience, and sign a labor contract with the travel agency that has obtained the outbound tourism business operation license.
Article 40: Tour guides and team leaders must provide services to tourists as assigned by the travel agency and shall not privately undertake tour guide and team leader services.
Article 41: Tour guides and team leaders engaged in business activities must wear their tour guide certificates, adhere to professional ethics, respect the customs and religious beliefs of tourists, inform and explain the norms of civilized tourism behavior to tourists, guide tourists to travel healthily and civilly, and discourage tourists from violating social ethics.
Tour guides and team leaders must strictly follow the travel itinerary and are not allowed to change the itinerary or suspend service activities without authorization. They must not solicit tips from tourists, nor induce, deceive, coerce, or indirectly force tourists to shop or participate in additional paid travel projects.
Article 42: Scenic areas must meet the following conditions for opening and listen to the opinions of the tourism authorities:
(1) Necessary tourism support services and auxiliary facilities;
(2) Necessary safety facilities and systems, having undergone safety risk assessments, meeting safety conditions;
(3) Necessary environmental protection facilities and ecological protection measures;
(4) Other conditions stipulated by laws and administrative regulations.
Article 43: Tickets for scenic areas built using public resources, as well as other separately charged items such as sightseeing spots and transportation within the scenic area, shall implement government pricing or government-guided pricing, strictly controlling price increases. If charging or raising prices is proposed, a hearing must be held to solicit opinions from tourists, operators, and relevant parties, and to demonstrate its necessity and feasibility.
Scenic areas built using public resources must not indirectly raise prices by increasing separately charged items; if the investment cost of separately charged items has been recovered, prices should be correspondingly reduced or charges canceled.
Public urban parks, museums, memorials, etc., except for key cultural relic protection units and precious cultural relic collection units, should gradually be opened for free.
Article 44: Scenic areas must prominently display ticket prices, prices of separately charged items, and group ticket prices. Any increase in ticket prices must be announced six months in advance.
When combining tickets from different scenic areas or tickets for different sightseeing spots within the same scenic area for sale, the combined price must not exceed the sum of the individual ticket prices, and tourists have the right to choose to purchase individual tickets.
If core sightseeing projects in the scenic area are temporarily closed to tourists or services are stopped for any reason, this should be publicly announced and corresponding reductions in charges should be made.
Article 45: The number of tourists received by scenic areas must not exceed the maximum carrying capacity determined by the scenic area management department. Scenic areas should announce the maximum carrying capacity determined by the management department, develop and implement tourist flow control plans, and may use methods such as ticket reservations to control the number of tourists received.
When the number of tourists may reach the maximum carrying capacity, the scenic area should announce this in advance and simultaneously report to the local people's government, which should take timely measures for diversion and flow management.
Article 46: Urban and rural residents using their own residences or other conditions to legally engage in tourism operations shall have their management methods formulated by provinces, autonomous regions, and municipalities directly under the central government.
Article 47: Operators engaging in high-risk tourism projects such as aerial, high-speed, water, diving, and adventure tourism must obtain operating permits in accordance with national regulations.
Article 48: Those operating travel agency businesses online must obtain travel agency business operating permits in accordance with the law and prominently display their business license information on their website homepage.
Websites publishing tourism business information must ensure that their information is true and accurate.
Article 49: Operators providing transportation, accommodation, dining, entertainment, and other services to tourists must comply with the requirements stipulated by laws and regulations and fulfill their obligations according to the contract.
Article 50: Tourism operators must ensure that the goods and services they provide meet the requirements for ensuring personal and property safety.
Tourism operators that have obtained relevant quality standard levels must not have facilities and services below the corresponding standards; those who have not obtained quality standard levels must not use related quality level titles and marks.
Article 51: Tourism operators must not give or receive bribes when selling or purchasing goods or services.
Article 52: Tourism operators must keep confidential the personal information of tourists that they become aware of during their business activities.
Article 53: Operators engaged in road tourism passenger transport must comply with all safety management systems for road passenger transport and prominently display special identification for road tourism passenger transport on vehicles, as well as publicize information about operators and drivers, and the supervision phone number of the road transport management agency in prominent positions within the vehicle.
Article 54: Scenic areas and accommodation operators that delegate part of their business projects or venues to others for accommodation, dining, shopping, sightseeing, entertainment, and tourism transportation must bear joint liability for damages caused to tourists by the actual operators' business conduct.
Article 55: Tourism operators organizing and receiving inbound and outbound tourism must report to public security authorities, tourism management departments, or Chinese embassies and consulates if they discover tourists engaging in illegal activities or violating the provisions of Article 16 of this law.
Article 56: The state implements a liability insurance system for operators such as travel agencies, accommodation, tourism transportation, and high-risk tourism projects as stipulated in Article 47 of this law, based on the risk level of tourism activities.
Chapter 5: Tourism Service Contracts
Article 57: Travel agencies organizing and arranging tourism activities must enter into contracts with tourists.
Article 58: Package tour contracts must be in written form and include the following content:
(1) Basic information of the travel agency and the tourist;
(2) Travel itinerary arrangements;
(3) The minimum number of participants required to form a tour group;
(4) Arrangements and standards for transportation, accommodation, dining, and other tourism services;
(5) Specific content and timing of sightseeing, entertainment, and other projects;
(6) Arrangements for free activity time;
(7) Tourism costs and their payment deadlines and methods;
(8) Liability for breach of contract and methods for resolving disputes;
(9) Other matters stipulated by laws, regulations, and agreed upon by both parties.
When entering into a package tour contract, the travel agency must explain in detail the contents of items (2) to (8) of the preceding paragraph to the tourist.
Article 59: Travel agencies must provide tourists with a travel itinerary before the start of the travel itinerary. The travel itinerary is part of the package tour contract.
Article 60: If a travel agency entrusts another travel agency to sell package tourism products and enters into a package tour contract with tourists, it must specify the basic information of the entrusting agency and the agency in the package tour contract.
If a travel agency entrusts the reception services in the package tour contract to a local agency according to the provisions of this law, it shall specify the basic information of the local agency in the package tour contract.
If a tour guide is arranged to provide services to tourists, the service fee for the tour guide shall be specified in the package tour contract.
Article 61: The travel agency shall remind tourists participating in group tours to purchase personal accident insurance as required.
Article 62: When concluding a package tour contract, the travel agency shall inform the tourists of the following matters:
(1) Situations in which tourists are not suitable to participate in tourism activities;
(2) Safety precautions during tourism activities;
(3) Information on the liability that the travel agency can legally reduce or exempt;
(4) Relevant laws, regulations, customs, and religious taboos of the tourist destination that tourists should pay attention to, and activities that are not suitable to participate in according to Chinese law;
(5) Other matters that should be informed as stipulated by laws and regulations.
During the performance of the package tour contract, if the matters specified in the previous paragraph occur, the travel agency shall also inform the tourists.
Article 63: If a travel agency recruits tourists for group travel and cannot depart due to not reaching the agreed number of participants, the group agency may terminate the contract. However, for domestic travel, the tourists should be notified at least seven days in advance, and for outbound travel, at least thirty days in advance.
If the group agency cannot depart due to not reaching the agreed number of participants, it may, with the written consent of the tourists, entrust another travel agency to perform the contract. The group agency is responsible to the tourists, and the entrusted travel agency is responsible to the group agency. If the tourists do not agree, they may terminate the contract.
If the contract is terminated due to not reaching the agreed number of participants, the group agency shall refund all fees collected from the tourists.
Article 64: Before the start of the tour, tourists may transfer their rights and obligations under the package tour contract to a third party, and the travel agency shall not refuse without justifiable reasons. The additional costs incurred shall be borne by the tourists and the third party.
Article 65: If tourists terminate the contract before the end of the tour, the group agency shall refund the remaining amount to the tourists after deducting necessary expenses.
Article 66: If tourists have any of the following situations, the travel agency may terminate the contract:
(1) Suffering from infectious diseases or other illnesses that may endanger the health and safety of other tourists;
(2) Carrying items that endanger public safety and refusing to hand them over to the relevant authorities for handling;
(3) Engaging in illegal activities or activities that violate social ethics;
(4) Engaging in activities that seriously affect the rights and interests of other tourists and refusing to heed advice or cannot be stopped;
(5) Other situations as stipulated by law.
If the contract is terminated due to the situations specified in the previous paragraph, the group agency shall refund the remaining amount to the tourists after deducting necessary expenses; if the travel agency suffers losses, the tourists shall bear the compensation responsibility according to law.
Article 67: In the event of force majeure or events that the travel agency or the auxiliary performer could not avoid despite exercising reasonable care, affecting the travel itinerary, the following situations shall be handled:
(1) If the contract cannot continue to be performed, both the travel agency and the tourists may terminate the contract. If the contract cannot be fully performed, the travel agency may change the contract within a reasonable range after explaining to the tourists; if the tourists do not agree to the change, they may terminate the contract.
(2) If the contract is terminated, the group agency shall refund the remaining amount to the tourists after deducting the non-refundable fees already paid to the local agency or auxiliary performer; if the contract is changed, the additional costs incurred shall be borne by the tourists, and the reduced costs shall be refunded to the tourists.
(3) If the safety of tourists' persons or property is at risk, the travel agency shall take corresponding safety measures, and the expenses incurred shall be shared by the travel agency and the tourists.
(4) If tourists are stranded, the travel agency shall take corresponding placement measures. The additional accommodation and meal expenses shall be borne by the tourists; the additional return expenses shall be shared by the travel agency and the tourists.
Article 68: If the contract is terminated during the tour, the travel agency shall assist the tourists in returning to the departure point or a reasonable location designated by the tourists. If the termination of the contract is due to the reasons of the travel agency or the auxiliary performer, the return expenses shall be borne by the travel agency.
Article 69: The travel agency shall perform its obligations according to the provisions of the package tour contract and shall not unilaterally change the travel itinerary.
With the consent of the tourists, if the travel agency entrusts the reception services in the package tour contract to another local agency with corresponding qualifications, it shall sign a written entrustment contract with the local agency, stipulating the rights and obligations of both parties, provide a copy of the package tour contract signed with the tourists to the local agency, and pay the local agency an amount not less than the reception and service costs. The local agency shall provide services according to the package tour contract and the entrustment contract.
Article 70: If the travel agency fails to perform its obligations under the package tour contract or performs its contractual obligations in a manner that does not meet the agreement, it shall bear the liability for breach of contract according to law, including continuing performance, taking remedial measures, or compensating for losses; if it causes personal injury or property loss to the tourists, it shall bear the compensation responsibility according to law. If the travel agency has the conditions for performance but still refuses to perform the contract at the request of the tourists, causing serious consequences such as personal injury or being stranded, the tourists may also request the travel agency to pay compensation of more than one time but less than three times the travel expenses.
If the package tour contract cannot be performed or cannot be performed as agreed due to the tourists' own reasons, the travel agency shall not bear any responsibility.
During the period when tourists arrange activities on their own, if the travel agency fails to fulfill its safety reminders and rescue obligations, it shall bear corresponding responsibility for the personal injury and property loss of the tourists.
Article 71: If the breach of contract is caused by the local agency or auxiliary performer, the group agency shall bear the responsibility; after the group agency bears the responsibility, it may seek compensation from the local agency or auxiliary performer.
If the local agency or auxiliary performer causes personal injury or property loss to the tourists, the tourists may request the local agency or auxiliary performer to bear the compensation responsibility, or they may request the group agency to bear the compensation responsibility; after the group agency bears the responsibility, it may seek compensation from the local agency or auxiliary performer. However, if the personal injury or property loss is caused by the public transport operator, the public transport operator shall bear the compensation responsibility according to law, and the travel agency shall assist the tourists in claiming compensation from the public transport operator.
Article 72: Tourists who damage the legitimate rights and interests of travel agencies, auxiliary personnel, tourism practitioners, or other tourists during tourism activities or in resolving disputes shall bear compensation liability according to law.
Article 73: If a travel agency arranges a travel itinerary based on the specific requirements of tourists and enters into a package travel contract with them, any additional costs incurred due to changes requested by the tourists shall be borne by the tourists, while any reduced costs shall be refunded to the tourists.
Article 74: If a travel agency accepts a tourist's commission to book transportation, accommodation, dining, sightseeing, entertainment, and other tourism services, and charges a handling fee, it shall personally handle the entrusted matters. If the travel agency causes losses to the tourists due to its fault, it shall bear compensation liability.
If a travel agency accepts a tourist's commission to provide services such as travel itinerary design and tourism information consultation, it shall ensure that the design is reasonable and feasible, and that the information is timely and accurate.
Article 75: Accommodation providers shall provide accommodation services for group tourists in accordance with the provisions of the tourism service contract. If the accommodation provider fails to provide services as stipulated in the tourism service contract, it shall provide accommodation services that are not lower than the original standard, and the additional costs incurred shall be borne by the accommodation provider; however, if the inability to provide services is due to force majeure or measures taken by the government for public interest, the accommodation provider shall assist in arranging accommodation for the tourists.
Chapter 6: Tourism Safety
Article 76: People's governments at or above the county level shall be uniformly responsible for tourism safety work. Relevant departments of people's governments at or above the county level shall perform tourism safety supervision responsibilities in accordance with laws and regulations.
Article 77: The state establishes a safety risk warning system for tourism destinations. The classification of safety risk warning levels and implementation procedures for tourism destinations shall be formulated by the tourism authorities of the State Council in conjunction with relevant departments.
People's governments at or above the county level and their relevant departments shall regard tourism safety as an important content of monitoring and assessing emergencies.
Article 78: People's governments at or above the county level shall incorporate tourism emergency management into the government emergency management system according to law, formulate emergency plans, and establish a response mechanism for tourism emergencies.
After an emergency occurs, local people's governments and their relevant departments and agencies shall take measures to carry out rescue operations and assist tourists in returning to their place of departure or to a reasonable location designated by the tourists.
Article 79: Tourism operators shall strictly implement the laws, regulations, national standards, and industry standards for safety production management and fire safety management, possess corresponding safety production conditions, and establish safety protection systems and emergency plans for tourists.
Tourism operators shall conduct regular emergency rescue skills training for personnel directly providing services to tourists, conduct safety inspections, monitoring, and assessments of the products and services provided, and take necessary measures to prevent harm.
Tourism operators organizing and receiving tourists such as the elderly, minors, and persons with disabilities shall take corresponding safety protection measures.
Article 80: Tourism operators shall explicitly explain or warn tourists in advance about the following matters during tourism activities:
(1) The correct methods for using relevant facilities and equipment;
(2) Necessary safety precautions and emergency measures;
(3) Business and service places and facilities that are not open to tourists;
(4) Groups that are not suitable for participating in relevant activities;
(5) Other situations that may endanger the personal and property safety of tourists.
Article 81: After an emergency or tourism safety incident occurs, tourism operators shall immediately take necessary rescue and disposal measures, fulfill reporting obligations according to law, and make proper arrangements for tourists.
Article 82: When tourists' personal and property safety is in danger, they have the right to request timely rescue from tourism operators, local governments, and relevant agencies.
Chinese outbound tourists in distress abroad have the right to request assistance and protection from our institutions stationed locally within their scope of responsibility.
After tourists receive assistance from relevant organizations or agencies, they shall pay for the costs that should be borne by individuals.
Chapter 7: Tourism Supervision and Management
Article 83: Tourism authorities and relevant departments of people's governments at or above the county level shall implement supervision and management of the tourism market within their respective responsibilities in accordance with this law and relevant laws and regulations.
People's governments at or above the county level shall organize tourism authorities, relevant supervisory departments, and law enforcement departments such as market supervision and management and transportation to supervise and inspect relevant tourism business activities.
Article 84: Tourism authorities performing supervision and management responsibilities shall not charge fees to the subjects of supervision and management in violation of laws and administrative regulations.
Tourism authorities and their staff shall not participate in any form of tourism business activities.
Article 85: Tourism authorities at or above the county level have the right to supervise and inspect the following matters:
(1) Whether business licenses and practice permits have been obtained for operating travel agency businesses and providing tour guide and team leader services;
(2) The business behavior of travel agencies;
(3) The service behavior of tourism practitioners such as tour guides and team leaders;
(4) Other matters stipulated by laws and regulations.
Tourism authorities implementing supervision and inspection according to the preceding paragraph may review and copy contracts, invoices, account books, and other materials suspected of being illegal.
Article 86: Tourism authorities and relevant departments shall implement supervision and inspection according to law, and their supervision and inspection personnel shall not be less than two and shall present legal credentials. If there are fewer than two supervision and inspection personnel or if legal credentials are not presented, the inspected unit and individual have the right to refuse.
Supervision and inspection personnel shall keep confidential the commercial secrets and personal information of the inspected unit that they become aware of during supervision and inspection.
Article 87: Relevant units and individuals shall cooperate with legally implemented supervision and inspection, truthfully explain the situation, and provide documents and materials, and shall not refuse, obstruct, or conceal.
Article 88: When tourism authorities and relevant departments discover behaviors that violate the provisions of this law while performing supervision and inspection duties or handling reports and complaints, they shall promptly handle them according to law; for matters that do not fall within their departmental responsibilities, they shall promptly notify in writing and transfer them to relevant departments for investigation.
Article 89: People's governments at or above the county level shall establish a sharing mechanism for information on the investigation and handling of tourism violations, and for violations that require joint investigation across departments and regions, they shall supervise and handle them.
Tourism authorities and relevant departments shall, according to their respective responsibilities, promptly publish the situation of supervision and inspection to the public.
Article 90: Legally established tourism industry organizations shall formulate industry operating norms and service standards in accordance with laws, administrative regulations, and their articles of association, conduct self-discipline management of their members' business behaviors and service quality, organize vocational ethics education and business training, and improve the quality of practitioners.
Chapter 8: Handling of Tourism Disputes
Article 91: People's governments at or above the county level shall designate or establish a unified tourism complaint handling agency. Upon receiving a complaint, the handling agency shall promptly address it or transfer it to the relevant department for handling and inform the complainant.
Article 92: Disputes between tourists and tourism operators can be resolved through the following channels:
(1) Negotiation between both parties;
(2) Applying for mediation from consumer associations, tourism complaint handling agencies, or relevant mediation organizations;
(3) Submitting to arbitration institutions based on the arbitration agreement reached with the tourism operator;
(4) Filing a lawsuit in a people's court.
Article 93: Consumer associations, tourism complaint handling agencies, and relevant mediation organizations shall mediate disputes between tourists and tourism operators based on the voluntary agreement of both parties.
Article 94: In disputes between tourists and tourism operators, if there are many tourists with common claims, they may elect representatives to participate in negotiation, mediation, arbitration, and litigation activities.
Chapter 9: Legal Responsibilities
Article 95: Those who violate the provisions of this law and operate travel agency business without permission shall be ordered to correct by the tourism administration department or market supervision and management department, confiscate illegal gains, and impose a fine of more than 10,000 yuan but less than 100,000 yuan; if the illegal gains exceed 100,000 yuan, a fine of more than one time but less than five times the illegal gains shall be imposed; for relevant responsible personnel, a fine of more than 2,000 yuan but less than 20,000 yuan shall be imposed.
If a travel agency violates the provisions of this law and operates the business specified in Article 29, paragraph 1, items 2 and 3 without permission, or rents or lends the travel agency business license, or illegally transfers the travel agency business license in other ways, in addition to the penalties specified in the previous paragraph, it shall be ordered to suspend business for rectification; if the circumstances are serious, the travel agency business license shall be revoked; for directly responsible supervisors, a fine of more than 2,000 yuan but less than 20,000 yuan shall be imposed.
Article 96: If a travel agency violates the provisions of this law and has any of the following behaviors, it shall be ordered to correct by the tourism administration department, confiscate illegal gains, and impose a fine of more than 5,000 yuan but less than 50,000 yuan; if the circumstances are serious, it shall be ordered to suspend business for rectification or revoke the travel agency business license; for directly responsible supervisors and other directly responsible personnel, a fine of more than 2,000 yuan but less than 20,000 yuan shall be imposed:
(1) Failing to arrange a leader or guide to accompany outbound or inbound group tours as required;
(2) Arranging unlicensed personnel to provide guiding services or arranging personnel who do not meet the conditions to provide leading services;
(3) Failing to pay guiding service fees to temporarily hired guides;
(4) Requiring guides to advance expenses or charging fees to guides.
Article 97: If a travel agency violates the provisions of this law and has any of the following behaviors, it shall be ordered to correct by the tourism administration department or relevant departments, confiscate illegal gains, and impose a fine of more than 5,000 yuan but less than 50,000 yuan; if the illegal gains exceed 50,000 yuan, a fine of more than one time but less than five times the illegal gains shall be imposed; if the circumstances are serious, it shall be ordered to suspend business for rectification or revoke the travel agency business license; for directly responsible supervisors and other directly responsible personnel, a fine of more than 2,000 yuan but less than 20,000 yuan shall be imposed:
(1) Engaging in false advertising that misleads tourists;
(2) Ordering products and services from unqualified suppliers;
(3) Failing to purchase travel agency liability insurance as required.
Article 98: If a travel agency violates the provisions of Article 35 of this law, it shall be ordered to correct by the tourism administration department, confiscate illegal gains, order suspension for rectification, and impose a fine of more than 30,000 yuan but less than 300,000 yuan; if the illegal gains exceed 300,000 yuan, a fine of more than one time but less than five times the illegal gains shall be imposed; if the circumstances are serious, the travel agency business license shall be revoked; for directly responsible supervisors and other directly responsible personnel, illegal gains shall be confiscated, a fine of more than 2,000 yuan but less than 20,000 yuan shall be imposed, and the guiding certificate shall be temporarily withheld or revoked.
Article 99: If a travel agency fails to fulfill the reporting obligations stipulated in Article 55 of this law, the tourism administration department shall impose a fine of more than 5,000 yuan but less than 50,000 yuan; if the circumstances are serious, it shall be ordered to suspend business for rectification or revoke the travel agency business license; for directly responsible supervisors and other directly responsible personnel, a fine of more than 2,000 yuan but less than 20,000 yuan shall be imposed, and the guiding certificate shall be temporarily withheld or revoked.
Article 100: If a travel agency violates the provisions of this law and has any of the following behaviors, it shall be ordered to correct by the tourism administration department, impose a fine of more than 30,000 yuan but less than 300,000 yuan, and order suspension for rectification; if it causes serious consequences such as tourists being stranded, the travel agency business license shall be revoked; for directly responsible supervisors and other directly responsible personnel, a fine of more than 2,000 yuan but less than 20,000 yuan shall be imposed, and the guiding certificate shall be temporarily withheld or revoked:
(1) Unilaterally changing the travel itinerary during the tour, severely harming the rights and interests of tourists;
(2) Refusing to fulfill the contract;
(3) Entrusting other travel agencies to fulfill the package tour contract without obtaining the written consent of the tourists.
Article 101: If a travel agency violates the provisions of this law and arranges for tourists to visit or participate in projects or activities that violate Chinese laws, regulations, and social ethics, it shall be ordered to correct by the tourism administration department, confiscate illegal gains, order suspension for rectification, and impose a fine of more than 20,000 yuan but less than 200,000 yuan; if the circumstances are serious, the travel agency business license shall be revoked; for directly responsible supervisors and other directly responsible personnel, a fine of more than 2,000 yuan but less than 20,000 yuan shall be imposed, and the guiding certificate shall be temporarily withheld or revoked.
Article 102: Those who violate the provisions of this law and engage in guiding or leading activities without obtaining a guiding certificate or not meeting the conditions for leading shall be ordered to correct by the tourism administration department, confiscate illegal gains, and impose a fine of more than 1,000 yuan but less than 10,000 yuan, and the violation shall be announced.
If guides or leaders violate the provisions of this law and privately undertake business, they shall be ordered to correct by the tourism administration department, confiscate illegal gains, impose a fine of more than 1,000 yuan but less than 10,000 yuan, and the guiding certificate shall be temporarily withheld or revoked.
If guides or leaders violate the provisions of this law and request tips from tourists, they shall be ordered to return the tips by the tourism administration department, impose a fine of more than 1,000 yuan but less than 10,000 yuan; if the circumstances are serious, the guiding certificate shall be temporarily withheld or revoked.
Article 103: Guides or leaders whose guiding certificates have been revoked for violating the provisions of this law, and relevant management personnel of travel agencies that have been punished with the revocation of their business licenses, shall not reapply for guiding certificates or engage in travel agency business within three years from the date of punishment.
Article 104: If tourism operators violate the provisions of this law by giving or receiving bribes, they shall be punished by the market supervision and management department in accordance with relevant laws and regulations; if the circumstances are serious, the tourism authority shall revoke the travel agency's business license.
Article 105: If a scenic area receives tourists without meeting the opening conditions stipulated by this law, the scenic area management department shall order it to suspend operations for rectification until it meets the opening conditions, and impose a fine of not less than 20,000 yuan and not more than 200,000 yuan.
If a scenic area fails to announce or report to the local people's government when the number of tourists may reach the maximum carrying capacity, does not take timely measures for diversion, or exceeds the maximum carrying capacity to receive tourists, the scenic area management department shall order correction; if the circumstances are serious, it shall order suspension of operations for one to six months.
Article 106: If a scenic area violates the provisions of this law by unilaterally raising ticket prices or charging additional fees, or engages in other price violations, the relevant authorities shall impose penalties in accordance with relevant laws and regulations.
Article 107: If tourism operators violate laws and regulations related to safety production management and fire safety management, or national standards and industry standards, they shall be punished by the relevant authorities in accordance with relevant laws and regulations.
Article 108: For tourism operators and their employees who violate the provisions of this law, the tourism authority and relevant departments shall record them in the credit file and make them public.
Article 109: Staff of the tourism authority and relevant departments who abuse their power, neglect their duties, or engage in favoritism and corruption while performing their supervisory duties, but do not constitute a crime, shall be punished according to law.
Article 110: Those who violate the provisions of this law and constitute a crime shall be held criminally liable according to law.
Chapter 10: Supplementary Provisions
Article 111: The meanings of the following terms in this law are as follows:
(1) Tourism operators refer to travel agencies, scenic areas, and operators providing services such as transportation, accommodation, dining, shopping, and entertainment for tourists.
(2) Scenic area refers to a place or area that provides sightseeing services for tourists and has clear management boundaries.
(3) Package tour contract refers to a contract in which a travel agency arranges an itinerary in advance and provides or arranges for the provision of two or more tourism services such as transportation, accommodation, dining, sightseeing, guiding, or leading, with tourists paying a total price for the tourism expenses.
(4) Group travel agency refers to the travel agency that enters into a package tour contract with tourists.
(5) Reception agency refers to the travel agency that receives tourists at the destination on behalf of the group travel agency.
(6) Performing assistant refers to a legal person or natural person who has a contractual relationship with the travel agency, assists it in fulfilling the obligations of the package tour contract, and actually provides related services.
Article 112: This law shall come into effect on October 1, 2013.
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