Zhejiang Travel Agency Management

Original Language Title: 浙江省旅行社管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399350.shtml

Zhejiang travel agency management  (August 6, 2003 Zhejiang Province Government makes 160th, released according to on December 21, 2010 Zhejiang Province Government makes No. 284, announced of Zhejiang Province Government on modified straddling Zhejiang Province Enterprise wage paid management approach, 18 pieces regulations of decided first times amendment according to March 13, 2014 Zhejiang Province Government makes No. 321, announced of Zhejiang Province Government on modified (Zhejiang Province woodland management approach), 9 pieces regulations of decided second times amendment

    Since October 1, 2003) Chapter I General provisions

    First 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 the tourism industry, according to the travel agents Ordinance (hereinafter referred to as the State Ordinance) and the Zhejiang Tourism Administration Regulations (hereinafter referred to as the provincial Ordinance), combined with the facts of the province, these measures are formulated.

    Second approach applies to travel within the administrative area of the province set up, operation, supervision and management.

Third tourism administrative departments responsible for the supervision and administration of travel agencies in the province.

City divided into districts, counties (cities and districts, the same below) tourism administrative departments in accordance with the provisions of the duty is responsible for the supervision and administration of travel agencies in their respective administrative areas.

    Relevant departments of the people's Governments above the county level shall, in accordance with their respective responsibilities, travel agency regulatory activities.

Fourth to encourage domestic and overseas organizations and individuals in a variety of forms according to law to invest travel agency.

    Encourage travel agents to join the travel industry association.

    Chapter II establishment of a travel agency

    Article fifth travel agency, should have national business sites, business facilities, business persons, registered capital, travel agency quality deposit and other conditions.

    The sixth established travel agent shall satisfy the conditions of business facilities, refers to the fax, direct telephone communications, computer information and networking for Office facilities, equipment and services.

Section seventh 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.

    The eighth tourist agencies to obtain operating licenses for 2 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.

Nineth established travel agency, shall, in accordance with the relevant provisions of the national regulations apply to the tourism administrative departments, approval procedures, payment of travel service quality deposit, receive a travel agency business license. Tourism administrative departments shall from the date of receipt of an application made within 20th approve or not to approve the decision.

Approved by decision, issuing a travel agency business license; is not granted, it shall notify the applicant in writing and state the reasons.

Applications from people with a travel agency business license to the Administrative Department for industry and commerce business license.

    Without a travel agency business license and shall not engage in the travel agency business activities.

    Tenth travel agencies to set up branches, shall hold a copy of the travel agency business license to the seat of branch County Tourism administrative departments. 11th travel agencies to set up other branches except for the branch, shall go through registration procedures, and from the date of registration in the 15th, to the branch office is located.

County Tourism administrative departments.

    Travel agencies entrust other companies or individuals to set up advisory services, registration formalities according to law by the principal party, and from the date of registration in the 15th, to service local tourism administrative departments in the County.

12th change tourism business scope of travel agencies shall be subject to the original examination and approval after approval by the Administrative Department of tourism, to the Administrative Department for industry and Commerce for registration of change.

Tourism administrative departments shall from the date of receipt of the application for amendment, make a decision on whether to approve within 15th; is not granted, and shall notify the applicant in writing and state the reasons.

    Travel agencies change names, locations, legal representative, or go out of business or out of business, shall, to the Administrative Department for industry and commerce, the change or cancellation of registration, and to the original examination and approval from the date of registration in the 15th tourism administrative departments of the record. 13th travel guides should be in accordance with the tour guides of the relevant provisions of the regulations of the State Council, made guide qualification certificate, after the application for a tour card, may engage in guided tours.

    Employed by travel agencies organizing outbound tourism leader, should be in accordance with the relevant provisions of the State, made team leader qualification certificate, certificate and apply for group leader and leader before engaging in activities.

    Chapter III operation

14th travel agencies shall, in accordance with the approved scope of business activities.

    Travel agencies should follow in business activities of voluntariness, equality, fairness, honesty and credit principle, compliance with the code of business ethics and self-regulation.

15th travel agencies and their branches shall be prominently placed in the travel agency business in the business place license and business license.

    Tour prices and service costs should be clearly marked.

16th travel agencies should implement national, industry or tourism service quality standards set by the province, and according to the quality standards of tourism related services tourism service quality guarantee system. Encourage travel agents to develop and adopt strict national standard or industry standard enterprise standard.

    Encouraging travel agencies to adopt international advanced level of tourism service quality standards and international quality system certification.

17th to encourage travel agents to develop special tourism projects and tour operating brands, the development of independent intellectual property rights.

    Encourage travel agencies in the scope of available franchises, retail, e-commerce agent, chain operation, such as the establishment of business networks, expand their scale of operation.

18th travel agencies and tourists shall conclude a contract in written form.

The travel contract shall include the following contents:

(A) the travel agency name and address;

(B) the total price;

(C) the tour schedules and routes;

(D) the attractions names;

(E) transport and standards;

(Vi) accommodation standards and conditions;

(G) food grade standards and requirements;

(H) the tour guide services;

(IX) shopping place, time and frequency;

(J) the choice at its own expense item and charge standard for tourists;

(11) the conditions of termination of the contract;

(12), breach of contract and dispute resolution;

(13) the parties consider it necessary to agree the other content;

(14) the place and date of signing;

(15) the signed and sealed on both sides (travel agency or contract seal be affixed).

    Outbound tourism contract concluded, should also include procedures for exit visas, the cost of the content. 19th travel agencies providing services to tourists should be in accordance with the contract, without changing the schedule, reduce or increase the tourism projects, increased costs or arrange other tourism consumption activities not stipulated in the contract.

Travel agency and tourism project contracts subject to charges, should ask the tourists ' written permission. Travel agencies cannot, for special reasons, has made the contract transferred to other travel agencies, should ask the tourist prior written consent and shall not reduce the agreed service standards.

    Without the written consent of tourists without authorization, transfer the travel agent shall be liable for breach of contract.

20th contracting travel agencies and tourists, can refer to the use of the National Tourism Administration Department or province, tourism, industrial and commercial administrative departments to provide the text of the model contract.

    Tourism contract format terms provided by travel agencies, travel agencies must comply with the relevant laws, the provisions of the regulations on the development and use of standard clauses.

    21st the contract conclusion, performance, modification, transfer and termination, applicability of the People's Republic of China provisions of contract law and other relevant laws and regulations.

22nd tourists ' legal rights and interests are damaged or with travel agents when there is a dispute, can be obtained in the following ways:

(A) the travel agency consultation;

(B) requesting Consumer Association for mediation;

(C) to the tourism administrative departments or complaints by the Administrative Department for industry and Commerce;

    (Iv) the arbitration organization for arbitration or initiate litigation to the people's Court.

23rd travel agencies shall, in accordance with the national regulations for the travel agencies ' liability insurance and to perform their obligations to safeguard tourists ' personal and property security.

Operation adventure, rafting and other dangerous special tours, tourists should be security guidance, and to take the necessary security measures.

    Travel safety and travel accidents, travel agency and its staff shall promptly inform the local production safety supervision and management, public security and tourism administrative departments report and assist in security incident handling work, border tourist safety, travel agents to send staff quickly to Government embassies and consulates, embassies and travel agencies reported.

24th travel agencies organize group tours should be assigned tour guides organized team of outbound tourism, should also be appointed team leader.

    While tour guides, tour guide activities, shall wear the tour guide card, tour card, observe professional ethics and norms of practice and travel activities in strict accordance with the contract arrangements.

25th prohibited travel agents, tour guides and leaders to engage in the following behavior:

(A) the adoption of national regulations prohibiting the use of improper means, prejudice the legitimate interests of other travel agencies;

(B) asking for tips or private subject to rebate to tourists; (C) deception, coercion Brigade.

Person consuming or complicity in deception, coercion tourists and operators;

(D) travel arrangements for illegal activities or activities that impair the physical and mental health;

(E) for false advertising or outside their scope of business for advertising;

    (F) violation of laws, regulations, and other behavior that disturb the market order.

    The fourth chapter, supervision and inspection

26th tourist Administrative Department in accordance with the travel agencies to implement daily supervision and inspection in and once a year the annual supervision and inspection system.

Tourism administrative departments of travel agency shall be subject to supervision and inspection, and in accordance with the requirements to submit relevant documents, materials, provide related operation.

    Tourism administrative departments of conducting supervision and inspection, and enforcement procedures must comply with the provisions of laws and regulations.

27th of travel agency in the annual supervision and inspection in the following circumstances, the travel decisions of the administrative authorities suspend adoption of the annual inspection:

(A) the tourism quality deposit after the payment of compensation in accordance with law, is not met within the prescribed period:

(B) qualifications of the operating personnel does not meet the prescribed conditions of approval established;

(C) for violation of law is under rectification period;

(D) failure to comply with the filing obligations under the article 11th, 12th, and in serious cases;

(E) other circumstances as stipulated by laws and regulations.

    Tourism administrative departments of the preceding paragraph (a), (b), (d) under the circumstance of the travel agencies, it should be ordered to rectify.

    28th tourism administrative departments shall, in accordance with national regulations and the provisions of the regulations, establish and improve complaint systems, time to receive and handle complaints from tourists.

29th the establishment of credit system in the travel agency credit rating and evaluation systems.

    Tourism administrative departments shall establish a credit information system for adverse credit events or acts, shall be warned, and, if disclosed to the community.

Article 30th travel agency any of the following circumstances, complaints and verified by the Administrative Department for tourism should be based on the compensation for the loss of tourists ordered travel agencies to; no compensation or unable to afford compensation of travel agencies, should be used in accordance with the relevant provisions of the State travel agency quality deposit advance compensation to tourists:

(A) the travel agent due to its own fault does not meet the contractual quality of service standards;

(B) travel agency services are not up to national or industry standards;

(C) the loss of tourists pay travel expenses due to travel agency bankruptcy;

(D) other circumstances as stipulated by laws and regulations.

Tourism administrative departments shall make use of travel service quality guarantee date of the compensation decision in the 10th, the travel will be informed of the decision, and entrusted its deadline up travel agency quality deposit.

    Implementing in advance compensation to tourists, tourism administrative departments at fault shall be liable.

    31st market credit and excellent operating performance, 2 years in a row without illegal travel agencies, operating in genuine financial difficulty, tourism administrative departments can return to its line of pay quality deposit within 50%, but financial difficulties after the, travel agencies should make up for a refund.

    The fifth chapter legal liability

    Article 32nd acts in violation of these measures, laws and regulations have legal liability provisions from its provisions.

    33rd travel agencies in violation of the provisions of the first paragraph of article 24th, by tourism administrative departments of correction to between 5000 and 1000 Yuan Yuan fine.

34th travel agencies, one of the following circumstances, by the issuing of tourist Administrative Department in accordance with the national regulations and the relevant provisions of the regulations of the province revoked the travel agency business license:

(A) without good reason, refuses to make up the travel agency quality deposit;

(B) qualifications of the operating personnel within the prescribed period of rectification does not meet prescribed conditions of approval established;

(C) is not carried out within 1 year travel agencies;

    (D) other circumstances as stipulated by laws and regulations.

    35th travel agencies the travel agency business license has been revoked, hanging the tourism administrative departments of permits decisions shall timely notify the competent administrative Department for industry and commerce, by the Administrative Department for industry and Commerce revoked according to law.

    36th travel agencies under the National Ordinance and the relevant provisions of the Ordinance and these rules, the province shall apply the registration, advertising, unfair competition, contract, price, quality, standards, laws and regulations on supervision and management of production safety regulations, composed of industry and commerce, price, quality and technology supervision, work safety supervision and management and other administrative departments according to law.

37th tourism administrative departments of any of the following circumstances, directly responsible by the authority in accordance with the administrative rights of the charge and other direct liable persons shall be given administrative sanctions:

(A) 66th article of one of the National Ordinance;

(B) not in accordance with the procedures and time limits for approval as provided herein;

    (C) has not been checked in accordance with the provisions of this approach in discharging its oversight responsibilities, the handling of complaints.

    The sixth chapter supplementary articles 38th article of the rules take effect on October 1, 2003.