Detailed Rules For The Implementation Of The Travel Agents Ordinance

Original Language Title: 旅行社条例实施细则

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Detailed rules for the implementation of the travel agents Ordinance

    (April 3, 2009 the National Tourism Administration announced 30th come into force on May 3, 2009) Chapter I General provisions

    First under the travel agents Ordinance (hereinafter referred to as the regulations), these rules are formulated.

    Article II of the regulations referred to in article touting, related organizations, receiving tourists travel services, including:

    (A) arranging transport services;

    (B) accommodation services;

    (C) arrangements for food and beverage services;

    (D) arrangements for sightseeing, leisure and other services;

    (E) for tourist guides and escorts service;

    (Vi) design services for travel and tourism activities.

    Travel agencies can also be commissioned, provides the following services:

    (A) the delegate accepted tourists, booking transport tickets, booking accommodation and agent exit, entry, visa procedures, etc;

    (B) the delegate to organs, institutions and social groups, and for travel, study, conferences, exhibitions, corporate events, agent transport, accommodation, catering and conference services;

    (C) being engaged by an enterprise, for all kinds of business events, incentive travel, agent transport, accommodation, catering, business, tourism, leisure and other services;

    (Iv) other services.

    Exit, visa and other services listed in the preceding paragraph, it should operate outbound travel business travel agencies.

    Article mentioned in article II of the regulations the domestic tourist business, refers to the travel agencies to attract, organization and hospitality of inhabitants in the tourism business in mainland China.

    Inbound tourism business mentioned in article II of the regulations, refers to the travel agencies to attract, organization, reception of foreign tourists traveling to China, Hong Kong S.A.R., and Macau S.A.R. to mainland tourists, Taiwan residents to mainland tourism, as well as attracting, organization and reception of foreigners in China, in the Mainland of Hong Kong S.A.R., and Macau S.A.R. residents and Taiwan residents in the city, in tourist business.

    The regulations referred to in article II of the outbound tourism business, refers to the travel agencies to attract, organization, Chinese mainland residents traveling abroad, Hong Kong S.A.R., and Macau S.A.R. and Taiwan's tourism, as well as attracting, organizations in the Mainland, the reception of foreigners in China, Hong Kong S.A.R., and Macau S.A.R. residents and Taiwan residents in mainland China outbound tourism business.

    Fourth on the supervision and management of travel agencies and their branches, tourism administration departments at or above the county level shall, in accordance with the regulations, the provisions of these rules and responsibilities, the implementation of classification management and territorial management.

    Fifth to encourage travel agents to implement quality of service rating system encourages travel agents to professional, networking, brand development.

    Chapter II establishment of travel and change

    Sixth article sixth of the articles of the Ordinance (a) the provision of premises shall comply with the following requirements:

    (A) the applicant's ownership of business premises, or apply for rental, lease for not less than 1 year of business premises;

    (B) business premises should meet the needs of business of the applicant.

    Seventh article sixth of the articles of the Ordinance (ii) provides business facilities shall include at least the following facilities and equipment:

    (A) more than 2 lines of fixed telephone

    (B) fax machines, photocopiers;

    (C) and other tour operators and Tourism Administration Department computer network conditions.

    Article eighth to set up travel agencies, tourism administrative departments of provinces, autonomous regions and municipalities should be (the provincial tourism administration, the same below), submit the following documents: (A) the application form for the establishment.

    Includes applications in Chinese and English names and the initials of the travel agency established, set up an address, business forms, contributors, contributions and contribution, full name of the applicant, the acceptance of the application sector, application name, and time;

    (B) identification and curriculum vitae of the legal representative;

    (C) articles;

    (D) legally established verification certificate issued by the capital verification certificate;

    (E) proof of the place of business;

    (Vi) operating facilities, or the description of the equipment;

    (VII) issued by the administrative departments for industry and commerce under the business name prior approval written notice.

    Provincial Tourism Administration Department may authorize the city divided into districts (including State, Union, hereinafter the same) level travel administration, accepting the party's application and approval or disapproval of the decision.

    Article Nineth tourism administrative departments of the application on the applicant's place of business, business facilities, equipment for on-site inspections, checks or to delegate the lower tourism administrative departments.

    Tenth travel agencies apply for outbound tourism business, tourism administrative departments of the State Council shall be referred to the original license issued by the administrative departments of tourism, show that their business travel agency business for two years, and two years in a row are not above punishment for violations of the legitimate rights and interests of tourists by the administrative organs of fine paper. Travel agents make outbound tourism business license shall be formulated by the Department of Tourism Administration issue a travel agency business licenses.

    Business license holder of the travel agency travel agents to register with the Administrative Department for industry and Commerce change of business scope.

    Tourism administrative departments of the State Council may appoint a provincial tourism Administration Department accepts an application for travel agencies operating outbound travel business and decision of approval or disapproval.

    Travel agencies apply for operating the border tourism service, application of the provisions of the interim measures for the administration of border tourism.

    Travel agencies apply for business tourism in the Taiwan region, application of the provisions of the management of mainland residents to tour in Taiwan.

    11th travel agencies due to business needs, and can be applied to the tourism administrative departments of the original license issued by the travel agency business licence.

    Travel agency business license and copy of uniform style by tourism administrative departments of the State Council, tourism administrative departments of the State Council and the provincial tourism administration respectively, the publication.

    Travel agency business license and copy of damaged or lost, the travel agency shall apply to the tourism administrative departments of the original license renewal or reissue.

    Apply for the issuance of the travel agency business license and copy of, travel agencies should be through the provinces, autonomous regions and municipalities within the public offering newspapers, or provincial tourism administration departments at or above the site, invalidate appears damaged or lost Declaration.

    12th travel agency name, place of business, investors, legal representative, change of registered particulars, shall register such changes later, changed the business license holder to permit tourism administrative departments for the record.

    Travel agency terminates its operation, should be carried out after the cancellation, cancellation of documents issued by the Administrative Department for industry and commerce, to permit tourism administrative departments for the record. Foreign-funded travel agencies shall apply the provisions of chapter III of the regulation.

    Without approval, the travel agencies shall not bring in foreign investment.

    13th tourism administrative departments of the State Council designated as quality of travel agencies in deposit banks, shall submit a written commitment with the following content:

    (A) agreed that the quality of deposit and security deposit agency agreement signed in accordance with the rules for the implementation of article 15th;

    (B) when the tourism administrative departments at or above the county level people's Court in accordance with the regulations, allocate quality deposit within 3 business days after, the allocation and the amount, informed the travel agency where the provincial tourism administration, issued by tourism administrative departments at and above the county level and provided transfer of files or copy of effective legal instruments of the Court;

    (C) not provided for in the regulations, quality margin decrease, take up obligations.

    Travel agency tourism administrative departments of the State Council designated banks within the select into quality deposit Bank. 14th travel agencies in deposit quality deposit, shall set up a separate account, deposit term determined by the travel agencies, but not less than 1 year.

    Account expiry of deposit period, travel agencies should be continued in escrow in time.

    15th travel agencies deposit, renew, increased storage quality within 7 working days after deposit, shall submit to the approval of travel administration into, renew, increased deposit quality deposit certificates, as well as travel agency quality deposit agreement with the Bank.

    Agreement in the preceding paragraph shall contain the following information:

    (A) the travel agency agreed with the Bank in accordance with the provisions of the Ordinance to use quality bond;

    (B) both travel agencies and the banks commitment to tourism administrative departments at or above the county level in accordance with the allocation of quality issued by deposit or issued by the provincial tourism administration departments at or above the lower, refunds of quality deposit files, as well as the lawful rights and interests of the people's Court found that travel agents harm tourists outside the entry into force of legal instruments, no units or individuals shall not use quality bond.

    16th travel agencies in line with the regulation article 17th of lower quality deposit amount stipulated conditions, tourism administrative departments of the original license should be based on the request of travel agencies, within 10 working days to issue a reduced quality to its margin the amount of files.

    17th travel agencies in accordance with the regulations of article 18th complement the quality within 7 business days after the deposit shall be made to the original licensed tourism administrative departments make up the supporting documents submitted.

    Chapter III travel agency branches

    18th travel agencies branch (the branch, the same below) and travel agency services network (service network for short, the same below), does not have legal personality, to establish branches and service outlets of the travel service (referred to as setting up a social welfare, the same below) in the regulation on behalf of business activities, the responsibility and consequences of their activities, by the establishment of social commitment.

    19th setting up the branch is located after the establishment of the Administrative Department for industry and commerce branch registration, shall take the following documents to your local branch location and registration at the tourist administration departments for the record:

    (A) set up a travel agency business licence and copies of business license;

    (B) the branch of business license;

    (C) the Branch Manager resume and proof of identity;
(D) the increased deposit the documents quality deposit.

    No tourism administrative departments at the same level, higher level tourism administrative departments for the record.

    20th branch of business sites, business facilities, equipment should conform to article sixth of the regulations in subparagraph (a), (b) and the requirements laid down in implementing rules article sixth, seventh.

    Branch should be included in the name of the establishment names, location names and "branch" or "branch".

    Article 21st service network refers to the travel agency established by the travel agencies to attract tourists, and travel agency on behalf of the travel contract with the tourist shops and so on.

    Establishment of social service network of the regional context, should be setting up a social welfare home located within the administrative area of the city.

    Setting up a social welfare provisions in the preceding paragraph shall not be outside the range of established service network.

    22nd service outlets should be located at a convenient tourist awareness and access to public places.

    Service outlets of the names, signs should include the establishment of service name, service network location names, and should not have misinterpreted as consumer service or branch, or short for consumers can be easily misunderstood.

    Service network should be set up within the scope of community, attract tourists and provide consulting services.

    Article 23rd establish social service network located the Administrative Department for industry and commerce service network set up after registration shall, within 3 working days, the following files to the network location and registration at the tourist administration departments for the record:

    (A) set up a travel agency business licence and copies of business license;

    (B) the service network of the business license;

    (C) the service network manager resume and proof of identity.

    No tourism administrative departments at the same level, higher level tourism administrative departments for the record.

    After 24th branches and service outlets for the record, accepting record tourism administrative departments shall provide the service issued the travel branch registration certificate of service network or the travel agency registration certificate.

    Article 25th with staff in the branches and service outlets, the conclusion of labour contracts.

    Setting up a social welfare shall strengthen the management of branches and service outlets, on the implementation of an integrated HR, financial, soliciting and receiving system specification, service network unified management and unified accounting, unified tout and harmonization advisory service specifications.

    Fourth chapter operation specification

    26th travel agencies and branches and service outlets, should the travel agency business license, proof of the travel Bureau registration service network or the travel agency registration certificate, together with business licenses, hanging prominently in premises.

    27th travel agency business licenses may not transfer, lease, or lending.

    Travel agencies belonging to the following acts of transfer, lease or lend the travel agency business license:

    (A) in addition to attracting tourists and in accordance with the rules for the implementation of article 34th receive tourists in the case of the first paragraph, permission or acquiescence of other companies, groups or individuals engaged in travel agency business activities in its own name;

    (B) allow other companies, groups or individuals, in the form of sector or individual contractor, affiliated business of travel agency.

    28th travel agencies to set up offices, representative offices or liaison offices or other offices shall not be engaged in travel agency business activities.

    29th travel agencies operating in Internet travel agency business, unless as prescribed in line with laws and regulations, its website Home shall include the travel agency name, legal representative, the license number and business scope, and tourism administrative departments of the original license of the complaints.

    26th to 30th article of the Ordinance stipulates that travel agencies shall not arrange activities, including:

    (A) harm national interests and national dignity;

    (B) contain content of ethnic, racial or religious discrimination;

    (C) contains obscenity, gambling and drug-related content;

    (D) other violations of laws and regulations.

    31st 34th to the regulations of the travel agency shall not be required provided tour guides and tour managers bear the costs associated with Hospitality Group, which includes:

    (A) the tourist reception fee of advances;

    (B) to receive group leisure travel agent to pay the costs;

    (C) unreasonable costs.

    32nd travel agencies to attract, organization, receive tourists, their choice of transportation, accommodation, catering, attractions and other enterprise, shall comply with the lawful operation qualifications and service requirements.

    Article 33rd at the time of signing the contract, must participate in the travel agency and travel agency shall not be required to tourists shopping or tourism projects require tourists to be paid.

    In the same group, the travel agency shall not be due to the following factors, proposed contracts with other tourists of different matters:

    (A) the tourists refused to participate in the arrangements, shopping or tourist tourism projects that are to be paid; (B) tourists there are differences in age or occupation.

    But travel agencies provided more compared with other tourist services, or except as tourists ask.

    34th travel agencies need the business delegate will receive tourists in tourist destinations, shall, in accordance with the provisions of regulations 36th, entrusted to the destinations travel agency and sign a delegate to receive contracts.

    Delegate to the travel agency business to receive tourists, shall, in accordance with the provisions of regulations 36th, destinations commissioned travel agency name, address, contact person and contact phone number to inform tourists.

    35th tour before the start when when it agreed to terminate the travel contract, agreed by the consent of the tourists, travel agents can recommend tourists to other travel agency, reception, and from the tourist travel contract with the recommended travel agencies.

    Without the consent of tourists, tourists travel shall not be transmitted to other travel agencies organization, reception.

    36th travel agencies and tour guides and tour managers appointed by the following acts, belonging to arbitrarily change the travel contract arrangements:

    (A) the reduction in tours or shorten the travel time;

    (B) the increase or modification of tourism projects;

    (C) enhance the shopping trips or longer shopping hours;

    (D) other acts of unauthorized changes to the travel contract arrangements.

    37th in the tour schedule, when force majeure occur, threatening the personal and property safety of tourists, or a non-travel agency liability accident scenarios, the travel agency had to adjust or change the travel arrangements for the contract when, should explain to tourists in advance; due to objective circumstances not beforehand, shall be made after the description.

    Article 38th in the itinerary, travelers have the right to refuse to participate in travel arrangements outside of the travel contract of the shopping or the need for tourists to be paid tourism projects.

    Assigned by the travel agencies and tour guides and tour guides to the ground of tourists refused to participate in the arrangements, shopping tourism project or the need for tourists to be paid, for any excuse, reason, refuse to continue to perform the contract, the provision of services, or to deny service to continue to perform the contract, the threat.

    39th assigned by the travel agencies and tour guides, tour managers, service may endanger the tourists should be provided on the personal and property matters and make a true statement and explicit warnings to tourists.

    Free time in the tour, visitors should choose their own projects to be able to control risk, in and of themselves can control the activities falling within the scope of the risk.

    40th in order to reduce the accident risk to tourists such as the damage caused by natural disasters, at the travel agency in soliciting and receiving tourists, prompting tourists to take out travel accident insurance.

    Encourage travel agents to obtain insurance qualified agents and being engaged by an insurance, personal accident insurance scheme for providing services.

    41st outbound tourists illegally overseas tourists or immigrants illegally in the territory, travel agents should be immediately above the county level to the local tourism administration, public security organs and the Department of Foreign Affairs report.

    42nd in the itinerary, assigned by the travel agencies and tour guides, tour guides should prompt travelers to comply with travel conventions and etiquette of civilization.

    Article 43rd assigned by the travel agencies and tour guides, tour managers in the business, services enjoys the following rights:

    (A) ask tourists required to provide personal information, timeliness of submission of documentation;

    (B) require tourists to follow travel contracted tour arrangements, keep your belongings;

    (C) public emergencies or other emergency situation arises, as well as travel agencies for violation of the contract agreed to take remedial measures, requirements dealing with tourists to prevent the expansion of losses to reduce losses to a minimum;

    (Iv) rejected an offer from tourists than the unreasonable demands of the travel contract;

    (E) Suppression of contrary to the destinations of tourists of the laws and customs of words and deeds.

    44th travel agencies shall keep the provisions of the Ordinance of soliciting and organizing and receiving tourists of all types of contracts and related documents and materials, tourism administration departments at or above the county level for verification.

    Contracts and documents referred to in the preceding paragraph, data retention period should be not less than two years.

    Travel agencies not to other operators or individuals disclosing tourists due to sign the contract to provide personal information over personal information retention period tourists should be properly destroyed.

    Fifth chapter of supervision and inspection
Article 45th provisions under the Ordinance and these rules, accepts the application for travel or tourism administrative departments of the record, may require the applicant or travel agencies, to apply for the establishment of travel agencies, of carrying out the provisions of the Ordinance for the record when submitting documents, the original material, provide a photocopy of the signatures, referred to the tourism administrative authority.

    46th tourism administrative departments at and above the county level shall exercise supervision over travel agents and its affiliates check to enter their premises, check out soliciting and organizing and receiving tourists of all types of contracts and related documents and materials, as well as the financial accounts, transactions, and business documents, and other materials, travel agency and its branches shall cooperate.

    Tourism administrative departments at and above the county level for travel agents and branch office supervision and inspection shall be conducted by two or more holders of the travel certificate of administrative law enforcement law enforcement personnel.

    Does not meet the requirements of the provisions of the preceding paragraph, travel agency and its affiliates have the right to refuse the inspection.

    47th travel agencies should be on an annual basis the following operational and financial information, such as statistics, at the end of the following March, submitted the original permit tourism administrative departments:

    (A) the basic situation of travel service, including business, investor, employee numbers, departments, branch offices, network systems;

    (B) the travel agency business, including operating revenue, profits and taxes;

    (C) travel agency organizing the reception, including domestic tourism and inbound tourism, outbound tourism organizations, the number of reception;

    (D) travel safety, quality, reputation, including insurance of travel agencies ' liability insurance, certification and accreditation, and rewards and punishments.

    The content of the travel agent trade secrets involved in the information in the preceding paragraph, tourism administrative departments shall be kept confidential.

    17th, 42nd to 48th article of the Ordinance stipulates that the announcement tourism administrative departments at and above the county level shall, through the Department or by the travel administration Government Web sites to the public.

    Quality guarantee deposit amount reduced, travel agency business licence issuance, modification and cancellation, tourism administrative departments of the State Council or provincial tourism Administration Department should be made in the licensing decision or filing within 20 business days after notice to the society.

    Travel agencies travel agency business license has been revoked or illegal to operate, the travel administration made the decision on administrative penalty, within 10 working days of the punishment to society announcements.

    Tourists ' complaints against travel agents information by tourism administrative departments for handling complaints to society announcements each quarter.

    49th due to any of the following circumstances, caused damage to the legitimate rights and interests of tourists, travelers have the right to complain to the tourism administrative departments at and above the county level:

    (A) the travel agency in violation of the provisions of the Ordinance and these rules;

    (B) the services provided by travel agencies, does not meet the standard or grade tourism services stipulated in the contract;

    (C) travel agency bankruptcy or other causes of tourists pay travel costs.

    Allocation of travel service quality security decisions should be handled by travel agents or their complaints domiciled tourists tourism administrative departments at and above the county level.

    50th tourism administrative departments at and above the county level shall, within its statutory authority, delegate meets the statutory requirements of the supervisory Bureau of tourism quality supervision and inspection of law enforcement agencies at the same level.

    The sixth chapter legal liability

    51st in violation of the rules for the implementation of article 12th, 23rd, 26th, the provisions of articles, without the introduction of foreign investment, establishment of a service network is not filed within the time stipulated, or travel agency and its branches and service outlets without suspension travel agency business licence, registration certificate, and Tourism Administration departments at or above the county level shall be ordered to correct, may be fined not more than 10,000 yuan.

    52nd in violation of the rules for the implementation of article 22nd, 28th, the provisions of articles, service network beyond the range set up to attract tourists and provide advisory services or travel agency offices, liaison offices, the travel agency business, such as Office activities, tourism administration departments at or above the county level shall, in accordance with article 46th of the provisions of the regulations.

    53rd article violation this implementation rules 32nd article of provides, travel agency for reception tourists select of traffic, and accommodation, and catering, and scenic, Enterprise, not has legal business qualification or reception service capacity of, by County above tourism administration sector ordered corrected, confiscated illegal proceeds, at illegal proceeds 3 times times following but highest not over 30,000 yuan of fine, no illegal proceeds of, at 10,000 yuan following of fine.

    54th in violation of the provisions of rule 33rd, require tourists to be participate in the arrangements, shopping tourism projects, require tourists to be paid, or the same group of tourists made different contractual matters with other tourists, tourism administration departments at or above the county level shall be ordered to correct, fines of between 10,000 yuan.

    55th violate the provisions of the 34th article of the implementing regulations, travel destinations are not travel agents advise the tourists, tourism administration departments at or above the county level shall, in accordance with the provisions 55th article of the Ordinance.

    56th in violation of the provisions of the second paragraph of this article 35th of the implementing regulations, travel without the consent of tourists, tourist organization, reception for transfer to other travel agencies, tourism administration departments at or above the county level shall, in accordance with the provisions 55th article of the Ordinance.

    57th in violation of the provisions of the second paragraph of this article 38th of the implementing regulations, travel agencies and tour guides and tour managers refused to continue to perform the contract, provide services, or to deny service to continue to perform the contract, the threat, tourism administration departments at or above the county level shall, in accordance with article 59th of the provisions of the regulations.

    Article 58th in violation of the provisions of rule 44th, did not properly save all types of travel contract and related documents and materials, retention period not more than two years, personal information or disclose tourists, tourism administration departments at or above the county level shall be ordered to correct, confiscate the illegal gains, illegal gains 3 times maximum not exceeding 30,000 yuan fines; no illegal proceeds, fines of between 10,000 yuan.

    59th revoked the travel agency business licence administrative punishment made by tourism administrative departments at or above the provincial level of the original license.

    Travel agency ordered administrative penalties, travel agents out of business during the reorganization shall not attract tourists, signing the contract; rectification period, without affecting the fulfilment of the contract signed.

    The seventh chapter by-laws

    60th article of the tourism administrative departments under the State Council is responsible for the interpretation of the implementing regulations. 61st these rules come into force on May 3, 2009. December 27, 2001 released by the national tourism administration of the detailed rules for the implementation of the travel agents Ordinance repealed simultaneously.

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