(April 25, 2013 adopted at the 12th session of the Standing Committee of the national people's Congress, second session)
People's Republic of China President in third
People's Republic of China Law on tourism by the People's Republic of China second session of the 12th session of the Standing Committee of the national people's Congress on April 25, 2013, are hereby promulgated and take effect on October 1, 2013.
People's Republic of China President XI Jinping April 25, 2013
Chapter I General provisions
Chapter II tourist
Chapter tourism planning and promotion
The fourth chapter tour operators
The fifth chapter travel services contract
The sixth chapter travel safety
The seventh chapter tourism regulatory
The eighth chapter tourism disputes
Nineth legal liability
The tenth chapter by-laws
Chapter I General provisions
First in order to protect the legitimate rights and interests of tourists and tour operators, and regulate the tourism market order, protection and rational use of tourist resources, promote sustainable and healthy development of tourism, this law is enacted.
Article in the People's Republic of China territory and in the People's Republic of China territory organize overseas tours, vacation, leisure and other forms of tourism activities, as well as for the business activities of tourism related services, this law shall apply.
Third national development tourism, improve public services, the law protecting the rights of tourists in the tourist activity. Fourth tourism development shall conform to social, economic and ecological benefits of principle of unity. State encourages all kinds of market entities in the premise of effective protection of tourist resources, rational utilization of tourism resources in accordance with law.
Using travel sites should be reflected in the construction of public welfare nature of public resources.
Fifth State advocate a healthy, civilized, environmental protection, tourism, tourism supported and encouraged various social agencies public interest advocacy to promote the tourism industry gives awards to units and individuals who have made outstanding contributions to the development. Sixth State shall establish and improve tourism service standards, and market rules, the prohibition of trade monopolies and regional monopolies.
Tour operators should be honesty, fair competition, social responsibility, providing tourists with a safe, healthy, clean, convenient travel services.
Article seventh tourism coordination mechanism established and perfected under the State Council, integrated and coordinated the development of the tourism industry.
Local people's Governments at or above the county level shall strengthen organization and leadership of the tourism work, clearly related to departments or agencies, tourism development and supervision of the administrative management of overall coordination.
Article eighth tourism industry organizations established according to law and self-regulation.
Chapter II tourist
Nineth tourist has the right to free choice of tourism products and services are entitled to refuse to tour operators in coercive transactions.
Tourists the right to know the true situation in its purchase of travel products and services.
Travelers have the right to ask tour operators in accordance with the agreement to provide products and services.
Tenth tourists piece of dignity, national customs and religious beliefs should be respected.
11th the disabled, the elderly, minors and other tourists in the tourist activity in accordance with the laws, regulations and provisions enjoy the convenience and benefits.
12th in the personal and property safety of tourists in case of danger, have the right to request redress and protection.
Infringement of the person and property of tourists, shall have the right to receive compensation.
13th tourists in tourism activities should comply with the community public order and public morality, respect local customs, cultural traditions and religious beliefs, and protect tourism resources, protecting the ecological environment, compliance with travel behavior norms.
Article 14th tourists or tourism activities in the settlement of disputes, without prejudice to the legitimate rights and interests of local residents, may not interfere with other tourism activities, must not harm the legitimate interests of tour operators and tourism workers.
15th tourists, taking in tourism services, tourism operators should inform personal health information associated with tourism activities, comply with the safety provisions of tourism activity.
Tourists to temporarily restrict tourist activities national response to major emergencies measures and relevant departments, agencies or tour operators to take safety precautions and emergency measures, should be fit.
Tourists violating the prescribed safety warnings or temporarily restrict tourist activities to national response to major emergencies measures, safety precautions and emergency measures fails to cooperate, the violator shall bear corresponding responsibility.
16th outside of outbound tourists not illegally, with outbound tourists are not allowed to group, group.
Inbound tourism are not illegally in the territory, with the Mission of inbound tourists are not allowed to group, group.
Chapter tourism planning and promotion
17th the State Council and local people's Governments at or above the county level tourism development should be incorporated into the national economic and social development plan. State Council and provinces, autonomous regions and municipalities and the rich tourism resources of districts of the city and County shall, in accordance with the requirements of national economic and social development plan, organization of tourism development planning.
Overall the inter-administrative and appropriate utilization of tourism resources are used, by the higher people's Governments should be prepared or compiled by the relevant local people's Governments integrated tourism development plan.
Article 18th tourism development plan should include tourism development the General requirements and development goals, requirements and measures for the protection and utilization of tourism resources, tourism product development, tour services and to improve the quality of image, tourism culture and tourism promotion, tourism infrastructure and public service facilities requirements and promotion measures, and so on.
According to the tourism development plan, local people's Governments at or above the county level to prepare focused on development and utilization of tourism resources in planning, for specific areas within the tourism project, supporting facilities and services specifically required.
Article 19th tourism development planning and land-use planning, urban and rural planning, environmental planning, and other natural resources and cultural heritage and other cultural resources protection and utilization planning link. 20th levels of people's Governments of land-use planning, urban and rural planning should take fully into account the relevant tourism projects, facility layout and construction requirements.
The planning and construction of transportation, communications, water supply, electricity, environmental protection and other infrastructure and public services, should take into account the development of tourism needs. Article 21st and heritage tourism cultural resources, such as the use of natural resources, must strictly abide by the provisions of relevant laws and regulations, in line with the requirements for resources, ecological protection and cultural relic security, respecting and preserving the traditional culture and customs, maintaining resources of the region as a whole, cultural representation and geographical particularities, taking into account the need for protection of military installations.
Relevant departments should strengthen the resource protection and tourism utilization of supervision and inspection.
22nd level people's Governments at various levels shall organize the Government to prepare an assessment of the implementation of the tourism development plan, and to the public.
23rd article State and County above place Government should developed and organization implementation conducive to tourism continued health development of industry policy, advance tourism leisure system construction, take measures promoted regional tourism cooperation, encourages across regional tourism line and products development, promote tourism and industrial, and agricultural, and commercial, and culture, and health, and sports, and science, field of fusion, support minority area, and revolution old, and remote and poverty area tourism development.
24th State Council and local people's Governments at or above the county level shall allocate funds according to actual situation, strengthen the tourism infrastructure, public services and tourist image promotion. 25th State to develop and implement outreach strategy of the tourist image.
Tourism administrations under the State Council umbrella body national tourism image overseas promotion, establishment of tourist image promotion institutions and networks, to develop tourism in international cooperation and exchanges.
Local people's Governments at or above the county level planning organization of the territory's tourist image promotion. 26th State tourism authorities and local people's Governments at or above the county level should according to the need for public information and consultation platform free to tourists on a scenic, route, traffic, weather, accommodation, security, medical and other necessary information and advisory services.
Districts of the city and County departments should be driven by needs in transportation hubs, business center, a centralized location for tourists set up tourist information centers, scenic spots and roads leading to the main scenic spots indicates of interest.
Districts of the rich tourism resources of city and county level can be based on local conditions, tourism or tourists in passenger dedicated lines, and provides services for tourists in the city and around the city.
27th the State encourages and supports the development of tourism education and training, and improving the quality of tourism employees.
The fourth chapter tour operators
28th established travel agencies, soliciting and organizing and receiving tourists, to provide tourism services, subject to the following conditions, Tourism Department license, according to the registration:
(A) a fixed place of business;
(B) the necessary business facilities;
(C) meet the required registered capital;
(D) the necessary management and guides;
(V) other conditions stipulated by laws and administrative regulations.
29th travel agencies may have the following services:
(A) domestic travel;
(Ii) outbound tourism;
(C) the border tourism;
(E) other tourist services.
Travel agency operating former second and third business shall obtain the appropriate business license, specific conditions stipulated by the State Council.
30th travel agencies may not rent, lend the travel agency business license, or in any other form of illegal transfer of travel agency business licensing.
31st travel agencies should be paid according to regulations tourism service quality security for tourists ' rights damages and advance travelers personal security costs of emergency assistance in case of danger.
32nd travel agencies to attract customers, organizing tourist information, must be true and accurate, and shall not make false propaganda to mislead the tourists.
33rd tourist agencies and their workers organization, receive tourists, are not allowed to visit or participate in violation of our laws and regulations and social projects or activities.
34th travel agencies organize tours should order from qualified suppliers of products and services.
35th travel agencies not to organize tourism activities at unreasonable low prices to entice tourists, and by arranging for shopping or tourism project gets paid kickbacks or other improper benefits.
Travel agent organizations, receive tourists, no specific shopping, shall cause to be paid the tourism project.
However, by mutual agreement or tourist requirements, without affecting the other tourists ' itinerary except.
Violations of the provisions of the preceding two paragraphs, the tourists right after the tour ended in the 30th, ask travel agents to their refund and advance payment in return, or cost of the refund to be paid travel project.
36th travel agencies organizing team outbound tourism and inbound tourism organization, reception team shall, in accordance with the provisions accompanied tour leader or tour guide.
37th participate in examinations for tourist guides qualification and labour contracts with travel agencies or persons registered in the Organization related to the travel industry, you can apply for and obtain a tour card.
38th travel agencies should work with their tour guide in accordance with the conclusion of labour contracts, payment of labour remuneration and pay social insurance fees.
Travel agencies temporary employment guide services for tourists, this law shall be fully paid to guide article 60th provides guide services.
Travel agencies organise guided group tour services, tour guide shall not be required in advance or to guide charged a fee.
Article 39th tour cards, with the appropriate academic qualifications, language skills and experience in tourism and labor contracts with travel agencies who can be applied for leader card.
40th tour guides and leaders for providing service must accept travel delegation, not allowed to contract business guide and group leader.
41st tour guides and leaders engaged in business activities shall wear the tour guide card, tour card, comply with professional ethics, respect the Customs and religious beliefs of tourists, should inform and explain to tourists traveling civilization norms, healthy and civilized tourist guide tourists to discourage tourists acts violating public morality.
Tour guides and leaders should strictly enforce the travel itinerary, not allowed to change the itinerary or to suspend a service activity shall not ask for money to tourists, no inducement, deception, force or pay disguised forced tourists or otherwise tourism projects.
42nd scenic open shall meet the following requirements, and advice of the tourism authorities:
(A) have the necessary tourism services and facilities;
(Ii) have the necessary safety equipment and systems, security risk assessments, security conditions are met;
(C) the necessary environmental protection facilities and ecological protection measures;
(D) other conditions stipulated by laws and administrative regulations. Article 43rd public resources for construction of scenic spot tickets and scenic tour of separate charges for items such as premises, means of transport, subject to Government pricing or Government guided, and strictly control the prices.
Proposed fees, or raise prices, shall hold a hearing, seeking the views of tourists, operators and interested parties, the necessity and feasibility.
Use of public resources to build scenic spots, not by adding extra items, such as hidden price increase; extra project is to recover the cost of investment, there should be a corresponding reduction in price or to cancel the charge.
Public City Park, museums, memorial halls, in addition to key cultural relics protection units and precious cultural relics collection units, should gradually open for free. 44th scenic spots should be prominently publicized ticket price, fees and prices and group rates.
Scenic raising ticket prices should be six months in advance.
Different scenic spots tickets or tickets to visit different places within the same area combined to sell after the merger shall not be higher than the price of the individual ticket price and, and tourists the option of buying individual tickets.
Core of scenic tours suspended opened to tourists or stop providing services should be public and a corresponding reduction in fees. Article 45th scenic tourist reception shall exceed the maximum carrying capacity of scenic spots approved by the authorities.
Area shall be released to area authorities approved the maximum load, the development and implementation of tourist flow control scheme, and can take ticket reservations etc, to control the number of scenic spots received tourists.
When tourists could reach maximum capacity, the area reported to the local people's Governments shall be announced in advance and at the same time, area and local people's Governments shall promptly take measures such as diversion, diversion.
Article 46th town and rural residents use their own homes or other conditions shall be engaged in tourism business, the management measures shall be formulated by the provinces, autonomous regions and municipalities directly under the.
47th operating altitude, high-speed, water tourism, diving, adventure and other high risk items shall be obtained in accordance with relevant regulations of the State business license.
48th through network business of travel agency, shall obtain a travel agency business license, and on its Web site home page prominently marked its business license information.
Travel information Web site, should ensure that the information is true and accurate.
49th to provide transportation, accommodation, catering, entertainment, operators shall meet the requirements set out in laws and regulations, in accordance with the contract obligations.
Provided by the 50th tour operators shall ensure that the goods and services meet the requirements of protection of personal and property security.
Tour operator won a quality standard rating, its facilities and services shall not be less than the corresponding standards; without quality standards, shall not use the description of quality and identity.
51st tour operator sales, the purchase of goods or services, shall not give or accept a bribe.
52nd tour operators to the business activity known to tourists for their personal information, shall be kept confidential.
53rd in road travel operators should comply with the safety management of road passenger transport system, and explicitly in the remarkable position of the vehicle on road travel-specific logo, prominently publicized in the compartment the operator and driver information, road transport management body to monitor telephone and other matters.
54th scenic, accommodation operators are part of their business or site administered by someone else to engage in accommodation, dining, shopping, travel, entertainment, tourism, transportation and other business, should be the actual operators of joint and several liability management damage caused to tourists.
55th tour operators organization, reception of inbound and outbound tourism, tourists found engaging in illegal activity or violation of the 16th article, should be timely to the public security authorities, tourism authorities or institutions functioning abroad report.
56th State according to the risk level of the activities, travel, accommodation, tourism traffic as well as the 47th article of this law, high-risk tour operators, such as the implementation of liability insurance.
The fifth chapter travel services contract
57th travel agencies organize and plan tourism activities, shall conclude a contract with the tourists.
Article 58th package travel contract shall be in writing and include the following:
(A) basic information on travel agencies, tourist;
(B) travel arrangements;
(C) the minimum number of tour groups;
(D) arrangements for transportation, lodging, restaurants and other tourist services and standards;
(E) specific contents and time of travel, entertainment and other items;
(F) Organization of free time;
(VII) travel expenses and pay the term and mode;
(VIII) breach of contract and settlement of disputes;
(I) the laws, regulations and other matters as agreed upon between the parties.
Make the package tour contract, travel agencies should be to tourists before the details contained in the second to eighth. 59th travel agencies should be to tourists on a tour before the tour begins.
Part of travel package travel contract alone.
60th commissioned travel agent travel agents selling package tours and package travel contracts with tourists, should be contained in a package travel contract delegate and agents and basic information.
Travel agencies in accordance with the provisions of this law, a package tour reception business entrusted to the inbound tour operators in performance of the contract, shall be contained in a package travel contract ground receiving agents for basic information.
Guided tours for tourist services, should be in the package tour guide service fees set forth in the contract.
61st travel agencies should prompt a team tourism tourist insurance personal accident insurance according to regulations.
Section 62nd package tour contract, shall travel to tourists told the following:
(A) the tourists not to take part in tourist activities;
(B) the security considerations of tourism activity;
(C) travel information can reduce liability according to law;
(D) should pay attention to the tourist destinations of tourists laws, regulations, customs and religion, in accordance with Chinese law should not participate in activities such as;
(E) the laws, regulations and other matters shall inform the.
In the package tour contract, in the event of matters prescribed in the preceding paragraph, travel agencies shall inform the tourists. 63rd group travel travel agencies to attract tourists, for failing to achieve the agreed to take in no tours, travel agents may terminate the contract.
However, domestic tourism should be at least 7th informed tourists traveling abroad should be at least 30th to inform tourists. For failing to achieve the agreed to take in no tours, travel agents by the written consent of tourists agree that may be entrusted to another travel agency contract. Travel agents responsible for the tourists, entrusted with the travel agency responsible for the tour.
Tourists do not agree, you can terminate the contract.
For failure to meet the agreed number of termination of the contract, travel agents should be refunded to tourists has charged the full cost.
64th before the tour began, visitors can tour its contractual rights and obligations to a third party, travel agencies have no justified reason shall not refuse, thus increasing the costs borne by the tourists and the third party.
65th tour before leaving the tourists to terminate the contract, travel agents shall, after deducting the necessary expenses, will refund tourists.
66th tourist has any of the following circumstances, the travel agency may terminate the contract:
(A) people with infectious diseases and other diseases, may endanger the health and safety of other travelers;
(B) carries a danger to public safety and do not consent to relevant departments;
(C) engaged in activities illegal or violates social ethics;
(D) engaged in activities seriously affect the other tourists ' rights and interests, and does not listen to dissuade or stop;
(E) other circumstances as stipulated by law.
Due to termination of the circumstances prescribed in the preceding paragraph, travel agents shall, after deducting the necessary expenses, will refund tourists; losses caused to a travel agency, tourists should be liable.
67th article due to force majeure or travel agency, performance assessor exercised reasonable care cannot avoid events affecting travel, in accordance with the following conditions: (A) cannot continue to perform the contract, travel agencies and tourists can terminate the contract.
Contract cannot be fulfilled, the travel agency explain to tourists, you can change the contract within a reasonable range; tourists did not agree with the change, you can terminate the contract.
(B) the termination of the contract, travel agents should be deducted to the inbound tour operators or meet support payments and a non-refundable fee, will refund tourists; contract changes, thus increasing the costs borne by the tourists, reducing refund the cost of the tourists.
(C) endanger the personal and property safety of tourists, travel agencies should take appropriate security measures, and therefore costs, shared by travel agencies and tourists. (D) causing tourists stranded, and placement of the travel agency shall take the appropriate measures.
Thus increasing the cost of room and Board, borne by the tourist increases return costs, shared by travel agencies and tourists. 68th tour contract, travel agencies should assist the tourists returned home or specify reasonable tourist locations.
Travel agents or fulfill the assessor's reasons for termination of a contract and return expenses shall be borne by the travel agency.
69th travel agencies shall, in accordance with the package tour contract obligations shall not be unilaterally changed the travel itinerary. Agreed by the tourists, travel agencies will be received in a package travel contract business entrusted to other qualified inbound tour operators to fulfil, inbound tour operators and should enter into a written contract, stipulated the rights and obligations of the parties, to the inbound tour operators provide a copy of a package travel contract concluded with tourists and inbound tour operators pay no less than the cost of reception and service costs.
Inbound tour operators shall, in accordance with the package tour contract and contract services. 70th travel agencies to perform package travel contract obligation or to fulfil contractual obligations does not comply with the contract, it shall continue to perform its, remedies or damages for breach of duty; tourists caused personal injury, property damage, shall be liable.
Travel agencies have to fulfil conditions, required by the tourists refused to perform the contract, resulting in personal injury, detention and other serious consequences for the tourist, tourists may require travel agencies to pay travel costs more than 1 time times three times times the damages.
Due to the reasons tourists led to the package tour contract is unable to perform or to perform in accordance with the contract, personal injury, property damage or causing tourists, travel agencies is not responsible.
Tourists to arrange events, travel agents not to do safety tips, a duty to rescue, tourists should be assume the corresponding responsibility of personal injury, property damage.
Article 71st, performance assessor's reasons for default, by tour liability; after travel agents liable to recourse, performance assessor. Due to social, performance assessor caused tourist personal injury, property damage, visitors can request inbound tour operators, performance assessor be liable, could also ask travel agents liable; after travel agents liable to recourse, performance assessor.
However, tourists due to reasons of public transport operators for personal injury, damage to property, from public transport operators liable, travel agencies should assist the tourists claim to public transport operators.
72nd tourists or tourism activities in the settlement of disputes, damage to travel and perform auxiliary people, tourism practitioners or other legitimate rights and interests of tourists, legally undertake the compensation responsibility.
73rd travel agencies according to the specific requirements of tourists arranging tours, package tour contracts with tourists, tourists change tourism itinerary, thus increasing the costs borne by the tourists, reducing refund the cost of the tourists. 74th travel agencies accept tourist Commission, for booking transport, accommodation, catering, tourism, entertainment, and travel services, agent fee charged should be personally handling the entrusted affair.
Loss caused by the fault of the travel service to tourists, tour operators shall be liable.
Travel agencies accept tourist Commission, designed to provide tourist itineraries, tourist information and consulting services, should ensure that the design is reasonable, feasible, timely and accurate information. 75th accommodation operators should be in accordance with travel services contract providing accommodation services for group tourists.
Accommodation operators fail to provide services according to the service contract, tourists should be provided not less than the original standard of accommodation services, thus increasing the costs borne by the accommodation operators, but due to force majeure, Government measures need to be taken not to provide services of public interest, accommodation managers should assist in arranging accommodation of tourists.
The sixth chapter travel safety 76th people's Governments above the county level shall oversee travel security.
Relevant departments of the people's Governments above the county level in accordance with the laws and regulations to fulfil safety regulatory responsibilities. 77th national security risk warning system established tourist destinations.
Destination security risk level and implementation procedures, developed by the tourism authorities, jointly with relevant departments of the State Council.
Relevant departments of the people's Governments above the county level and travel security emergencies should be monitoring and evaluating important content.
78th people's Governments above the county level shall, tourism and emergency management into the Government's emergency management system, contingency plans, establishing tourism emergency response mechanism.
After the incident occurred, the local people's Governments and their departments and agencies should take measures to rescue and help tourists return home or specify reasonable tourist locations.
79th tour operators shall strictly implement safety management and fire safety laws, regulations and national standards, industry standards, with the corresponding conditions of safety, develop tourists safety protection systems and emergency plans.
Tour operators will be expected to directly provide services to tourists in China conducted regular emergency rescue skills training, to provide products and services for security testing, monitoring and assessment, to take the necessary measures to prevent harm from occurring.
Tour operators organization, receive tourists, such as older persons, minors, persons with disabilities, shall take the appropriate security measures.
80th tour operators of tourism activities should be the following, in express way in advance an explanation or warning to tourists:
(A) the proper use of facilities and equipment;
(B) the necessary safety precautions and emergency measures;
(C) is not opened to tourists places of business, services, equipment and facilities;
(D) is not suitable to participate in relevant activities of the Group;
(E) other circumstances that can compromise personal and property safety of tourists.
81st emergencies, or travel safety after the accident, salvage and disposal of the tour operator shall immediately take the necessary measures to fulfil their reporting obligations according to law, and make proper arrangements to tourists.
82nd in the personal and property safety of tourists in case of danger, the right to ask tour operators, local governments and relevant institutions for timely response.
When China's outbound tourists abroad in a difficult position, right to request our local institutions, within their area of responsibility to assist and protect.
After visitors accept the assistance of relevant organizations or bodies, should pay the costs that should be borne by the individual.
The seventh chapter tourism regulatory
83rd above county level people's Government tourism authorities and relevant departments in accordance with the provisions of this law and other relevant laws and regulations, to supervise and administer the travel market within the scope of their respective duties.
People's Governments above the county level shall organize the tourism authorities and relevant competent authorities and industrial and commercial administration, quality supervision, transportation and other related tour operators conduct supervision and inspection of law enforcement agencies.
84th tour the competent departments to carry out functions of supervision, shall not violate the provisions of laws and administrative regulations to charge regulatory objects.
Tourism authorities and their staff shall not participate in any form of business activities.
85th tourism authorities above the county level people's Government has the right to supervise and check the following items:
(A) the business of a travel agency and tour, tour management, practitioner services licensing;
(B) the operation of travel agencies;
(C) the services of tour operators such as tour guides and group leader;
(D) the laws, regulations and other matters.
Supervise and check the tourism authorities in accordance with the provisions of the preceding paragraph, on suspicion of illegal contracts, bills, books to read, copy and other information. 86th tourism authorities and relevant departments shall exercise supervision over and inspection, supervisory and inspective personnel shall be at least two people and should produce valid documents.
Inspectors from less than two people or fail to produce legal documents, inspected units and individuals have the right to refuse.
Inspectors obtained in the units under inspection of supervision and inspection of business secrets and the confidentiality of personal information according to law.
87th on supervision and inspection according to law, relevant units and individuals shall cooperate truthfully explain situations and provide documents and materials, and may not refuse or obstruct and hide.
88th tourism authorities above the county level people's Governments and relevant departments, in the discharge of duties of supervision and inspection, or in dealing with reports, complaints, and found violations of the provisions of this law, it shall be dealt with in a timely manner; not part of the mandate of the Department, shall promptly notify the investigation and handed over to the relevant departments.
89th local people's Governments at or above the county level shall establish travel violations to investigate information sharing mechanism, to the need for cross-sectoral and trans-regional joint investigation of violations, supervision should be carried out.
Tourism authorities and relevant departments shall, in accordance with their respective responsibilities, public supervision and inspection in a timely manner.
90th tourism industry organizations established according to law in accordance with the laws, administrative regulations and the provisions of the Constitution, setting industry standards and service standards, management and quality of service to its members for disciplined management and organization ethics education and business training, and improve the quality of employees.
The eighth chapter tourism disputes 91st people's Governments above the county level shall designate or establish a single complaint the complaint mechanism.
The organization received a complaint about, or handed over to relevant departments should be promptly addressed, and inform the complainant.
92nd tourists and tour operators dispute can be solved through the following means:
(A) mutual agreement;
(B) complaints to the consumer associations, Tourism Organization Organization for mediation or conciliation;
(C) under arbitration agreements with tour operators to go to arbitration arbitration;
(D) initiate litigation to the people's Court.
93rd complaints of consumer associations, tourism bodies and mediation organizations concerned on the basis of mutual consent, law on mediation for disputes between tourists and tourism operators.
94th tourists and tour operators there is a dispute, large number of tourists and a joint request, can elect representatives who participated in the consultations, mediation, arbitration, litigation.
Nineth legal liability
95th in violation of the provisions of this law, unauthorized business of travel agency, the tourism department or the administrative departments for industry and commerce shall be ordered to correct, confiscate the illegal income, and fined a maximum of between 100,000 yuan and 10,000 yuan; illegal gains of more than 100,000 yuan, and illegal gains more than 1 time penalty of five times; related persons more than 2000 Yuan and fined a maximum of 20,000 yuan.
Travel agency violation this method provides, without license business this method 29th article first paragraph second items, and third items business, or rental, and lending travel agency business business license, or to other way illegal transfer travel agency business business license of, except in accordance with Qian paragraph provides punishment outside, and ordered closed reorganization; plot serious of, revoked travel agency business business license; on directly is responsible for of competent personnel, at 2000 Yuan above 20,000 yuan following fine.
96th travel agencies violating the provisions of this law, any of the following acts, by the Tourism Department ordered corrective action and illegal income shall be confiscated and fined a maximum of between 50,000 yuan and 5,000 yuan in serious cases, closed for rectification or revoke the travel agency business licensing; directly responsible in charge and other direct liable persons, more than 2000 Yuan and fined a maximum of 20,000 Yuan:
(A) is not in accordance with the provisions for exit and entry teams tour leader or tour escort;
(B) arrangements without the tour guide card offering guide or leader or team leader certificate personnel services;
(C) is not paid to the temporary employment guide guide service fees;
(D) requested guides charged in advance or to guide.
97th article travel agency violation this method provides, has following behavior one of of, by tourism competent sector or about sector ordered corrected, confiscated illegal proceeds, and at 5,000 yuan above 50,000 yuan following fine; illegal proceeds 50,000 yuan above of, and at illegal proceeds 1 time times above five times times following fine; plot serious of, ordered closed reorganization or revoked travel agency business business license; on directly is responsible for of competent personnel and other directly responsibility personnel, at 2000 Yuan above 20,000 yuan following fine:
(A) false information to mislead the tourists;
(B) order products and services from unqualified suppliers;
(C) failing to insure travel agencies ' liability insurance.
98th article travel agency violation this method 35th article provides of, by tourism competent sector ordered corrected, confiscated illegal proceeds, ordered closed reorganization, and at 30,000 yuan above 300,000 yuan following fine; illegal proceeds 300,000 yuan above of, and at illegal proceeds 1 time times above five times times following fine; plot serious of, revoked travel agency business business license; on directly is responsible for of competent personnel and other directly responsibility personnel, confiscated illegal proceeds, at 2000 Yuan above 20,000 yuan following fine, and temporarily buckle or revoked guide card, and leader card.
99th travel agencies have not met their reporting obligations provided for in this law 55th, the tourism authorities fined a maximum of between 50,000 yuan and 5,000 yuan in serious cases, closed for rectification or revoke the travel agency business licensing; directly responsible and other persons directly responsible from 2000 Yuan and 20,000 yuan fine and temporary suspension or cancellation of the tour guide certificate, certificate of leader.
100th article travel agency violation this method provides, has following behavior one of of, by tourism competent sector ordered corrected, at 30,000 yuan above 300,000 yuan following fine, and ordered closed reorganization; caused tourists stranded, serious consequences of, revoked travel agency business business license; on directly is responsible for of competent personnel and other directly responsibility personnel, at 2000 Yuan above 20,000 yuan following fine, and temporarily buckle or revoked guide card, and leader card:
(A) the itinerary unilaterally changed the travel itinerary, seriously damaging the interests of tourists;
(B) refuse to perform the contract;
(C) without the written consent of tourists, commissioned travel agencies to fulfil the package tour contract.
101th article travel agency violation this method provides, arrangements tourists visit or participation violation China legal, and regulations and social morality of project or activities of, by tourism competent sector ordered corrected, confiscated illegal proceeds, ordered closed reorganization, and at 20,000 yuan above 200,000 yuan following fine; plot serious of, revoked travel agency business business license; on directly is responsible for of competent personnel and other directly responsibility personnel, at 2000 Yuan above 20,000 yuan following fine, and temporarily buckle or revoked guide card, and leader card.
102th in violation of the provisions of this law, without a tour card or Manager of permits for tourist guides and escorts activities, by the Tourism Department ordered corrective action and illegal income shall be confiscated and fined a maximum of 1000 Yuan and 10,000 yuan, it shall be announced.
Tourist guides and escorts in violation of the law, private contract business, by the Tourism Department ordered corrective action and confiscate the illegal income, more than 1000 Yuan and 10,000 yuan fine and temporary suspension or cancellation of the tour guide certificate, certificate of leader.
Tourist guides and escorts as violations of the provisions of this law, obtain tips from tourists, the Tourism Department is ordered to return, fined a maximum of more than 1000 Yuan and 10,000 yuan in serious and temporary suspension or cancellation of the tour guide certificate, certificate of leader.
103th guide in violation of the provisions of this law are revoked certificates, certificates of leader Guide, tour and travel agency business license withdrawn travel managers of the punishment, punishment of not more than three years after the date shall not be re-apply for the Guide, tour card or engaged in travel agency business.
104th tour operators violating the provisions of this law, of giving or accepting bribes, by the Administrative Department for industry and commerce in accordance with the provisions of the relevant laws and regulations are serious, and by the Department of tourism travel agency business license withdrawn.
105th area does not meet the provisions of this law, open condition to receive tourists, ordered by the area authority ordered to stop until it meets the open conditions, and fined a maximum of 20,000 yuan and 200,000 yuan.
Area when the tourists likely to reach maximum capacity, is not in accordance with the provisions of this law, announcements or not reported to the local people's governments failing to take measures such as diversion, diversion, or over their maximum capacity to receive tourists, by area Department ordered corrective action and the circumstances are serious, shall be ordered closed for a month to six months.
106th area violates the provisions of this law, without raising the price of tickets or fees, or other price-related violations, by the competent authorities in accordance with the provisions of the relevant laws and regulations.
107th tour breach of the relevant safety management and fire safety management of the laws, regulations and national standards, industry standards, by the competent authorities in accordance with the provisions of the relevant laws and regulations.
108th tourism operators and their employees for violations of the provisions of this law, tourism authorities and relevant departments should be credited to the credit files, to the public.
109th tourism authorities and relevant departments in the supervision and management of staff in the performance of duties, abuse of power, negligence, malpractice, and does not constitute a crime, he shall be subject to punishment.
110th in violation of the provisions of this law, to constitute a crime, criminal responsibility shall be investigated according to law.
The tenth chapter by-laws
111th article of the law, the following terms mean:
(A) the travel operator, refers to the travel agencies, scenic spots and providing tourists with transportation, lodging, dining, shopping, entertainment, and service providers.
(B) the area, refers to the tourists on a tour service, there is a clear regulatory limits of sites or regions.
(C) the package tour contract, refers to the travel itinerary in advance, provided or through the implementation of assisted transport, accommodation, catering, tour, tour guide or leader more than two tours, tourists on a lump payment of travel costs of contracts.
(D) travel agents, refer to package travel contracts with tourist travel agency.
(E) the inbound tour operators, refer to accept travel agents Commission, receiving tourists at the destination of the travel agency.
(Vi) performance assessor, refers to the existence of a contractual relationship with a tour operator, and assist in the performance of a package travel contract obligations, the actual provision of legal or natural persons.
112th article this law shall enter into force on October 1, 2013. (Xinhua News Agency, Beijing, April 25)