Travel Agents Ordinance

Original Language Title: 旅行社条例

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People's Republic of China promulgated by Decree No. 550

                       The travel agents Ordinance adopted by the State Council on January 21, 2009 at the 47th Executive session, are hereby promulgated and take effect on May 1, 2009.

                        Prime Minister Wen Jiabao

The February 20, 2009

Travel Agents Ordinance

Chapter I General provisions

First in order to strengthen the management of travel agencies, protect the legitimate rights and interests of tourists and travel agencies, maintaining the order of tourism market, promote the development of tourism, this Ordinance is enacted.

Article II of this Ordinance shall apply to People's Republic of China travel service in the territory of the establishment and the operation of activities.

Travel agencies mentioned in these regulations refers to tout, activities such as organization, receive tourists, provide travel services to tourists, domestic, inbound tourism or outbound tourism business enterprises.

Third tourism administrative departments of the State Council is responsible for supervision and administration of the national travel agency.

Local people's Governments at or above the county level departments under the responsibility of the tourism is responsible for the supervision and management of travel agencies in the administrative area.

People's Governments at or above the county level, prices, Commerce, foreign exchange and other relevant departments for industry and commerce shall be in accordance with the Division of responsibilities, shall conduct supervision of travel agency management.

Fourth travel agencies should follow in the business activities of voluntariness, equality, fairness and the principle of good faith, to improve service quality, maintaining the lawful rights and interests of tourists.

Article fifth travel industry organizations shall, in accordance with the regulations for travel agents to provide services, coordination and discipline, Guide travel agents legitimate, fair play and integrity management.

Chapter II establishment of a travel agency

Section sixth for established travel agency, operating domestic tourism and inbound tourism business, shall meet the following conditions:

(A) a fixed place of business;

(B) the necessary business facilities;

(C) not less than 300,000 yuan of registered capital. Article seventh set up travel agencies, business of domestic tourism and inbound tourism, should be to the local tourism administration of provinces, autonomous regions and municipalities or its commissioned a set of municipal tourism administrative departments to apply, subject to article sixth of the Ordinance and submit supporting documents. Travel Administration for accepting applications shall, within 20 working days from the date of acceptance of the application approval or disapproval decision.

License, the travel agency business license issued to the applicant, applicant travel agency business licence holders to register with the Administrative Department for industry and Commerce established; no permission, inform the applicant in writing and state the reasons.

Eighth travel agencies to obtain operating licenses for two years, and is not above punishment for violations of the legitimate rights and interests of tourists by the administrative organs of fine, you can apply for operating outbound travel business. Section Nineth outbound tourism business, tourism administrative departments under the State Council or its authorized provinces, autonomous regions and municipalities directly under the travel administration application, travel administration for accepting applications shall, within 20 working days from the date of acceptance of the application approval or disapproval decision.

License, renewal of travel agency business license to the applicant, shall take the renewal of travel agency travel business license to the Administrative Department for industry and commerce registration of change of disapproval, and notify the applicant in writing and state the reasons.

Tenth travel agencies to set up branches, shall hold a travel agency business licence to the administrative departments for industry and commerce, where the branch establishment registration, and within 3 working days from the date of establishment and registration branch local tourism administrative departments for the record. Travel Bureau established without geographical limits.

Operation shall not go beyond the scope of the branch establishment of branch of the travel service business.

11th travel agencies set up specifically to attract tourists and provide tourist information service network (hereinafter referred to as travel service outlets) to the registration procedures for the establishment of the Administrative Department for industry and commerce shall, according to law, and to the local tourism administration departments for the record.

Travel service network shall be subject to unified management of travel agencies, shall not be touting, consulting, and other activities.

12th travel agencies change names, locations, legal representative, or terminate the business registration matters, shall, to the Administrative Department for industry and commerce, the change or cancellation of registration and completed within 10 working days from the date of registration, travel administration for the record of the original license, renewal or to the travel agency business licenses.

13th travel agencies shall make the travel agency business license within 3 working days of the date, specified in the tourism administrative departments of the State Council's special quality deposit bank accounts, into a quality deposit, or submitted to the approval of tourism administrative departments shall obtain the corresponding quality deposit guarantee up to a limit of not less than the amount of the bank guarantee.

Travel agency engaged in domestic tourism and inbound tourism business, shall be deposited into a quality deposit 200,000 yuan; outbound travel business travel agent, should be increased to save quality deposit of 1.2 million Yuan.

Interest margin of travel service quality for all.

14th travel agencies to set up a domestic tourism and inbound tourism Bureau shall submit its quality deposit accounts deposit 50,000 yuan each establish an outbound travel service branches should be to increase its quality deposit account deposit 300,000 yuan.

15th under any of the following circumstances, quality of tourism administrative departments can use the travel agent's margin:

(A) travel agencies violating tourist contract, against the legitimate rights and interests of tourists, verified by the tourism administrative departments;

(B) travel agents due to dissolution, bankruptcy or other causes of tourists pay travel costs.

16th people's Court judgment or ruling and other effective legal instruments recognized travel agents harm tourists ' legal rights and interests, compensation for travel agencies refused or unable to, the people's Court may transfer of quality deposit accounts from a travel agent compensation. 17th travel agencies to pay or make up for quality within three years from the date of the deposit was not above punishment for violations of the legitimate rights and interests of tourists by the administrative organs of fine, travel administration travel agency quality deposit the deposit amount should be 50%, and announced to the public.

Travel agencies rely on the provinces, autonomous regions and municipalities directly under the travel vouchers issued by the administrative departments to reduce their quality deposit.

18th travel agencies travel administration service quality guarantee compensation for the loss of tourists, or reduced quality deposit, above punishment for violations of the legitimate rights and interests of tourists by the administrative organs of fine, should receive the tourism administrative departments to pay quality deposit within 5 working days from the date of notification of quality deposit.

19th travel agencies are no longer engaged in the travel business, with credentials issued by the administrative departments of tourism, to recover the quality of bank deposit.

20th quality guarantee deposit payment, use the specific management measures shall be formulated by the tourism administrative departments and the financial sector, jointly with relevant departments of the State Council separately.

Chapter III foreign investment in travel agencies

Article 21st foreign-funded travel agency applies the provisions of this chapter; not provided for in this chapter and other relevant provisions of this Regulation shall apply.

Foreign-funded travel agencies referred to in the preceding paragraph, including Sino-foreign joint ventures, Sino-foreign joint venture travel agencies travel agencies and foreign travel agencies. Established by article 22nd foreign-funded travel agency, applications by investors to the tourism administrative departments of the State Council, and submitted in accordance with the conditions specified in article sixth of the relevant supporting documents. Tourism administrative departments under the State Council shall, within 30 working days from the date of acceptance of the application review is completed.

Agree to establish, issued foreign-funded travel agency approval documents does not agree to the establishment of, and notify the applicant in writing and state the reasons. Applications from people with foreign-funded travel agency approval submissions, regulation, joint-venture, cooperation contract signed by both parties to the commercial Administrative Department of the State Council to propose the establishment of enterprises with foreign investment applications. Commercial administrative department under the State Council shall, in accordance with the relevant provisions of laws and regulations, the decision to approve or not to approve.

Approving, issuing foreign-invested Enterprise approval certificate, to the tourism administrative departments of the State Council and notify the applicant for the travel agency business license applicants holding travel agency business license and certificate of approval for foreign-invested enterprises to register with the Administrative Department for industry and Commerce established; were rejected, notify the applicant in writing and state the reasons.

Article 23rd foreign-funded travel agencies shall not deal in Chinese mainland residents to travel business in Hong Kong S.A.R., and Macau S.A.R. and Taiwan's tourism business, but the decision of the State Council, or China's signing of a free trade agreement with the Mainland and Hong Kong and Macao closer economic partnership arrangement except as otherwise provided.

The fourth chapter travel agency management

24th travel agencies to provide travel service information must be reliable and shall not make false propaganda.

25th outbound travel business travel may not organize tourists to tourism published by the Administrative Department of the State Council of China's outbound travel destinations outside the country and region.

26th travel agencies for tourists arrangements or introduction of tourism activities shall not violate the relevant laws and regulations. 27th travel agencies are allowed to offer lower travel costs to attract tourists.

Without the consent of tourists, travel agents may not provide other paid services outside of the travel contract.

28th travel agencies providing services to tourists, it should be signed with the tourist travel contract and set forth the following:

(A) name of the travel agency and its business scope, address, contact telephone number and travel agency business license number;

(B) the travel agent's name, contact telephone number;

(C) place and date of signing;

(D) origin, route and destination of the tour;

(E) the itinerary arrangements for transportation, accommodation, food and beverage services and standards;

(Vi) content of the travel agencies arrange tours and time;

(G) the free time and the number of tourists;

(VIII) travelers should pay travel expenses and pay;

(I) arrangements, shopping trips, travel time and the name of shopping;

(J) the need for tourists to be paid tours and prices;

(11) the rescission or change the terms of the contract and duration of prior notice;

(12) liability for breach of contract dispute and shall bear;

(13) Oversight Services complaints telephone;
(14) the mutual agreement of the other content.

29th travel agencies and tourists when signing a contract, shall be made on the specific contents of the travel contract is true, accurate and complete instructions.

Entered into by travel agents and tourist travel contract is not clear or form provision in case of dispute, shall be interpreted in accordance with common sense; there are two kinds of format clauses defined above, tourist-friendly explanation should be made; standard terms and inconsistent non-standard terms, non-standard terms should be used.

Article 30th mainland residents ' outbound travel, China travel agency, arranged for the group leader should be accompanied.

31st travel agencies to receive tourists a delegation of guides or appoint tour managers for outbound Tourism Organization tourists, should hold a national tour permits, team leader cards.

32nd travel agencies hire tour guides and tour managers he shall sign a labor contract, and paid no less than the local minimum wage pay.

33rd assigned by the travel agencies and tour guides and tour managers may not be any of the following acts:

(A) refuse to fulfil tour obligations stipulated in the contract;

(B) the non-changing travel itinerary for contractual arrangements due to force majeure;

(C) deception, coercion tourists or participate in the tours need to be paid.

34th travel agencies shall not be required to tour guides and tour managers receive no payments received and services or to pay fees below the cost of reception and service of team travel, tour guides and tour managers shall not be required to assume costs associated with hospitality group.

35th travel agencies violating tourist contract damage caused tourists ' legal rights and interests are, and should take the necessary remedial measures, and report the travel administration.

36th travel agencies need to delegate to tourism businesses, should be entrusted to a qualified travel agent, with the consent of tourists agreed and commissioned travel agencies receiving tourists have signed a contract, determine the arrangements for receiving tourists and their standards, contract rights and obligations of the parties.

37th travel agencies travel business delegate to other travel agencies, should be entrusted to the paying agent no less than the reception and service costs costs of commissioned travel agencies shall not receive no pay or not pay cost of reception and service group. Commissioned travel agent defaults caused by tourists ' legal rights and interests are damaged, commissioned travel agent shall bear corresponding liability for compensation.

Commissioned travel agent compensation, can contribute to the commissioned travel agent recovery.

Commissioned travel agent tourists ' legitimate rights and interests of damage caused intentionally or through gross negligence shall bear joint and several liability. 38th travel agencies shall cover the travel agencies ' liability insurance.

Travel agency liability insurance specific programmes for the tourism administrative departments of the State Council in conjunction with the insurance supervision and Administration Department shall be separately formulated by the State Council.

39th travel agencies on matters likely to jeopardize tourists ' personal and property security, should make a true statement and explicit warnings to tourists, and to take the necessary measures to prevent harm from occurring.

Endanger the physical safety of tourists, assigned by the travel agencies and tour guides, tour managers should take the necessary measures and report the travel administration; outside, shall promptly report to People's Republic of China stationed in the country's consulates, relevant institutions abroad, the local police. 40th tourists stranded abroad do not return, travel agencies should appoint tour managers to the travel agency and People's Republic of China Consulate in that country, foreign reports.

Travel agency after receiving the report, shall be promptly reported to the tourism administrative departments and public security organs, to assist in providing information about illegal aliens.

Travel agents receive inbound tourism tourists and illegal aliens in the country, should travel administration, public security organs in a timely manner and report of the Foreign Affairs Department, to assist in providing information about illegal aliens.

Fifth chapter of supervision and inspection

41st tourism, industry and commerce, pricing, business, foreign exchange and other relevant departments shall strengthen the supervision and management of travel agencies, found violations should be dealt with in a timely manner. 42nd tourism, industry and commerce, price and other administrative departments of supervision and inspection shall be announced to the public in a timely manner.

Bulletin includes the travel agency business license issuance, modification, revocation, cancellation, travel agency's illegal business credit records and travel agencies, tourist complaints.

43rd travel agencies undermine the legitimate rights and interests of tourists, tourists can travel administration, industry and Commerce Administration Department, responsible for price departments, business or foreign exchange management departments complaints, complaint departments shall, in accordance with its functions and powers, investigation and treatment in a timely manner and inform tourists of the investigation and handling of the situation.

44th travel agencies and bureaus should be subjected to tourism departments for the administration of the travel contract, service quality, safety, and financial supervision and inspection of the books of, and submitted in accordance with the relevant provisions of the State Tourism Administration operating and financial information, such as statistics.

Article 45th tourism, industry and commerce, pricing, business, foreign exchange and other relevant departments staff may not accept any gift of travel agencies, shall participate in shopping activities or tours by travel agents to pay, not through travel agencies for themselves, their relatives or any other person, organization, personal gain.

The sixth chapter legal liability

46th in violation of the provisions of this Ordinance, any of the following circumstances, or by tourism administrative departments administrative departments for industry and Commerce ordered corrective action and unlawful income confiscated, illegal gains of more than 100,000 yuan, and illegal gains more than 1 time times 5 times the following penalty illegal gains or no less than 100,000 yuan of illegal gains and fines of between 100,000 yuan and 500,000 Yuan:

(A) did not obtain a licence to the travel agency business, operating a domestic business, inbound tourism, outbound tourism business;

(B) the branch exceeded its scope of operation established branch of the travel service industry;

(C) travel agency service outlets engaged in soliciting and consulting activities. 47th travel agencies transfer, lease or loan the travel agency business licenses, ordered closed by tourism administrative departments from 1 month to 3 months, and confiscated illegal income; the circumstances are serious, travel agency business license withdrawn.

Let or lease the travel agency business license, or by tourism administrative departments administrative departments for industry and commerce shall be ordered to stop illegal operations, illegal income shall be confiscated, and a fine of less than 100,000 yuan and 500,000 yuan.

48th in violation of the provisions of this Ordinance, travel agents not to quality deposit account within the prescribed deposit, increase present, make up the quality of deposits or bank guarantees submitted to the corresponding, by tourism administrative departments shall order rectification refuses, revoked the travel agency business licenses.

49th in violation of the provisions of this Ordinance, fails to insure the liability of travel agencies and tourism administrative departments shall order rectification refuses, revoked the travel agency business licenses.

50th in violation of the provisions of this Ordinance, travel agents, of any of the following circumstances, the Tourism Administration Department shall be ordered to correct; it refuses, fines of between 10,000 Yuan:

(A) changes its name, business location, legal representative, or terminate the business registration matters, was not within the prescribed period, to permit tourism administrative departments for the record, renewal or to the travel agency business license;

(B) setting up a branch to the branch location is not within the time stipulated in the tourism administrative departments for the record;

(C) it is not submitted in accordance with the relevant provisions of the State Tourism Administration operating and financial information, such as statistics. 51st article violation this Ordinance of provides, foreign investment travel agency business China mainland residents abroad tourism business and to Hong Kong S.A.R., and Macau S.A.R. and Taiwan tourism business, or business exit tourism business of travel agency organization tourists to State Tourism administrative competent sector announced of China citizens exit tourism destination zhiwai of national and area Tourism of, by tourism administration sector ordered corrected, confiscated illegal proceeds, illegal proceeds 100,000 yuan above of,

And illegal gains more than 1 time times 5 times the following penalty illegal gains or no less than 100,000 yuan of illegal gains and fines of between 100,000 yuan and 500,000 yuan in serious cases, travel agency business license withdrawn.

52nd in violation of the provisions of this Ordinance, tour introduced arrangements for tourists or tourism activities with violations of the relevant laws and regulations, shall be ordered to correct by tourism administrative departments, confiscated, and a fine of less than 20,000 yuan and 100,000 yuan in serious cases, travel agency business license withdrawn.

53rd in violation of the provisions of this Ordinance, the travel agency to provide tourist services information containing false or makes false propaganda, by the Administrative Department for industry and commerce shall be subject to punishment.

Violation of the provisions of this Ordinance, travel agents quoted in lower travel costs to attract tourists, by the price departments shall be subject to punishment.

54th in violation of the provisions of this Ordinance, travel without the consent of tourists in the tourist contract provide other paid services, shall be ordered to correct by tourism administrative departments, the fines of between 50,000 yuan and 10,000 yuan.

55th in violation of the provisions of this Ordinance, travel agents, of any of the following circumstances, shall be ordered to correct by tourism administrative departments, fines of less than 20,000 yuan and 100,000 yuan in serious cases, ordered closed from 1 month to 3 months:

(I) is not signed with the tourist travel contract;

(B) signed with the tourist travel contract does not specify matters article 28th of this Ordinance;

(C) did not obtain the consent of tourists, tourism business entrusted to other travel agencies;

(D) the delegates will travel to is not a qualified travel agent;

(E) aren't related to entrusted travel agencies receiving tourists have signed a contract.

56th in violation of the provisions of these regulations, mainland residents ' outbound travel, China travel agency, not for the team leader in the tour escort, shall be ordered to correct by tourism administrative departments, the fines of between 50,000 yuan and 10,000 yuan; it refuses to and ordered closed from 1 month to 3 months.
57th in violation of the provisions of this Ordinance, assigned by the travel agency tour guides tour guides and tour guides without a national certificate or certificate of leader, the Tourism Administration Department shall be ordered to correct, to travel to a fine of less than 20,000 yuan and 100,000 yuan.

Article 58th in violation of the provisions of this Ordinance, travel agents are not paid to hire tour guides and tour managers pay or remuneration paid less than the local minimum wage, according to the People's Republic of China relevant provisions of the labor contract law.

59th article violation this Ordinance of provides, has following case one of of, on travel agency, by tourism administration sector or business administration sector ordered corrected, at 100,000 yuan above 500,000 yuan following of fine; on guide personnel, and leader personnel, by tourism administration sector ordered corrected, at 10,000 yuan above 50,000 yuan following of fine; plot serious of, revoked travel agency business business license, and guide card or leader card:

(A) refusing to carry out obligations stipulated in the contract;

(B) the non-changing travel itinerary for contractual arrangements due to force majeure;

(C) deception, coercion tourists or participate in the tours need to be paid.

60th in violation of the provisions of this Ordinance, travel agents require tour guides and tour managers reception welcome and service were not paid fees, fees paid below the cost of reception and service team, or ask tour guides and tour managers bear the costs associated with Hospitality Group, by tourism administrative departments ordered corrective action and fines of less than 20,000 yuan and 100,000 yuan.

61st travel agencies violating tourist contract damage caused tourists ' legal rights and interests are, the necessary remedial measures were not taken, the Tourism Administration Department or the Administrative Department for industry and commerce shall be ordered to correct, the fines of between 50,000 yuan and 10,000 yuan in serious cases, the tourism administration departments revoked the travel agency business licenses.

62nd in violation of the provisions of this Ordinance, any of the following circumstances, shall be ordered to correct by tourism administrative departments, closed from 1 month to 3 months, in serious cases, revoked the travel agency business license:

(A) travel agencies not to paying agent to receive commissions and service fees;

(B) the travel agency to pay the commissioned travel agent costs less than welcome and service costs;

(C) the commissioned travel agencies to receive no pay or not pay cost of reception and service group.

63rd article violation this Ordinance of provides, travel agency and delegate of guide personnel, and leader personnel has following case one of of, by tourism administration sector ordered corrected, on travel agency at 20,000 yuan above 100,000 yuan following of fine; on guide personnel, and leader personnel at 4000 Yuan above 20,000 yuan following of fine; plot serious of, ordered travel agency closed reorganization 1 months to 3 months, or revoked travel agency business business license, and guide card, and leader card:

(A) endanger the physical safety of tourists, failed to take the necessary measures and report in a timely manner;

(B) illegal travel agencies organizing outbound travel tourists stranded abroad, travel agents not to report and assist in providing information about illegal aliens;

(C) travel tourists traveling illegally in the territory of the tourists, travel agents not to report and assist in providing information about illegal aliens.

64th National (border) management subject to criminal penalties, within five years from the date of completion of penalty shall not be engaged in travel agency business activities; travel agencies travel agency business license has been revoked, their principal heads in the travel agency business within five years from the date on which the business license is revoked shall not hold any travel agency in charge.

65th travel agencies violating the provisions of this Ordinance, to the detriment of the legitimate rights and interests of tourists, shall bear civil liability constitutes a crime, criminal responsibility shall be investigated according to law.

66th in violation of the provisions of this Ordinance, and Tourism Administration Department or other relevant departments and their staff, one of the following circumstances, the direct responsible person in charge and other direct liable persons shall be given administrative sanctions:

(A) found that violations are not to be disposed of in a timely manner;

(B) no notice inspection of travel agencies in a timely manner;

(C) failing to handle tourists ' complaints and inform tourists of the investigation and handling of the situation;

(D) accepting gifts of travel agencies;

(E) participate in shopping activities or tours by travel agents to pay;

(F) through a travel agent for themselves, their relatives or any other person, organization, personal gain.

The seventh chapter by-laws

67th Hong Kong S.A.R., and Macau S.A.R. and Taiwan investors in the Mainland in the area of investment in travel agencies, mutatis mutandis, under this Ordinance. 68th of these regulations come into force on May 1, 2009. Issued by the State Council on October 15, 1996, the travel agents Ordinance be repealed simultaneously.

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