Key Benefits:
(Adopted at the 96th ordinary meeting of the Government of the Shanghai City on 23 January 2006 No. 55 of 8 February 2006 by Decree No. 55 of the People's Government Order No. 55 of 8 February 2006 on 1 April 2006) The Government of the city has decided to amend the “Support management approach” as follows: Paragraphs Page The municipal tourism administration is responsible for the management of the city's travel agency. In line with their responsibilities, the regional, district tourism administration is responsible for the management of domestic travel agencies within the Territory and is operationally governed by the municipal tourism administration. Regions, district tourism administrations are entrusted by the municipal tourism administration and are responsible for approval by domestic travel agencies within the Territory. The relevant sectors of the people's government at all levels should assist the tourism administration in the management of the travel agency in accordance with their respective responsibilities. Paragraphs Page The establishment of a travel agency should have the following conditions: (i) A fixed place of business; (ii) The necessary operating facilities; (iii) There are operators in line with national provisions; (iv) There are registered capital and quality assurance payments consistent with national requirements. Amend Article 9 to read: The number of capital and bonds registered by the Travellers is implemented in accordance with the relevant national provisions. Article 10 amends as follows: More than 100,000 visitors were received in the year, and with the approval of the Tourism Administration, sub-offices could be established without legal personality to carry out tourism operations in the name of the establishment agency. Travel agencies should establish sub-offices to increase registration capital in accordance with the relevant provisions of the State and to pay a quality assurance fund to the local tourism administration. Paragraphs Page The city's travel agency may establish a ministry of business that does not have legal personality within the scope of this city to carry out tourism operations in the name of the institution. The scope of the operation of the Ministry of Travel is limited to the establishment of an institution for tourists and the provision of advice or advocacy services. The travel agency has established the Ministry of Operations, which should be available within 30 working days of the date of the registration process for the completed business, and the district tourism administration. Paragraphs Page The city introduces a notice system for the Travel Service. The announcement system is implemented by the municipal tourism administration. The announcement includes notice of the opening industry, a change of name announcements, a change in the scope of the operation, a notice of the suspension and a notice of the licence. Article 14. An application for the establishment of an international travel agency, a national travel agency and a travel agency is made for the processing of the approval process under the Regulations and the relevant provisions of this approach, the payment of a quality assurance fund, the receipt of the travel agency's business licence (hereinafter referred to as a business permit) and, within 60 working days, the registration and receipt of business licences by law to the business administration. Article 27, paragraph 1, was amended to read: The travel agency should assume responsibility for default in accordance with the travel contract; the loss to the tourists should be compensated by law. As a result of other tourist operators, the travel contract cannot be performed or cannot be fully performed and the loss of the tourists have the right to claim compensation from the travel agency; and, after compensation from the travel agency, it is entitled to seek compensation to the tourist operators who are unable to perform or cannot fully perform the travel contract. Articles 9, 28 and 28 were amended to read as follows: Travel agencies are engaged in the operation of tourism operations and should be insured for the responsibilities of the travel agency. The expenses incurred by the travel agency for the insurance of the responsibilities of the Travellers shall not be included separately in the sales price. The tourists can purchase personal insurance for tourists in accordance with the actual needs. When the travel agency enters into a tourism contract with the tourists, it should indicate the personal insurance of the tourists involved. Article 31 was amended to read: Travel agencies have developed special tourism projects that are dangerous and should be subject to national regulations. Paragraphs (ii) of article XI and XVII are as follows: To request the Consumer Rights Protection Committee to investigate, mediate. The Urban Tourism Committee in this approach has been revised to “the city tourism administration sector”. This decision has been implemented effective 1 April 2006. Following the consequential changes made in the management of the Shanghai City Travel Institute, this decision was reissued. Annex: Management of the Shanghai Travel Association (Amendment 2006) (Act No. 77 of 6 December 1999 of the Supreme People's Government Ordinance No. 77 of 8 February 2006 on amendments to the Decision of the Government of the Shanghai Municipalities on the Modification of the Travel of the Shanghai City) Chapter I General Article 1 In order to strengthen the management of the city's Travel Service, to guarantee the legitimate rights and interests of the tourists and travel associations, to maintain the tourism market order and to promote the development of the tourism industry in the city, and to develop this approach, in line with the Regulations of the Travel Services (hereinafter referred to as the Regulations) and the relevant provisions. Article 2 The travel agency referred to in this approach refers to businesses, including international travel agencies and national travel agencies, that organize transport, exhibitions, accommodations, caterings, purchases, recreationals and the provision of guided services for tourist operators, for the purpose of profit. Article 3 This approach applies to the establishment, operation and management of travel agencies within this city. Article IV (Management) The municipal tourism administration is responsible for the management of the city's travel agency. In line with their responsibilities, the regional, district tourism administration is responsible for the management of domestic travel agencies within the Territory and is operationally governed by the municipal tourism administration. Regions, district tourism administrations are entrusted by the municipal tourism administration and are responsible for approval by domestic travel agencies within the Territory. The relevant sectors of the people's government at all levels should assist the tourism administration in the management of the travel agency in accordance with their respective responsibilities. Article 5 The city runs the licence regime. No unit or individual may engage in the operation of the travel agency without permission from the tourism administration. Article 6 Travel agencies should be guided by the principles of voluntary, fair and genuine credit and adherence to commercial ethics. The travel agency is protected by law for its operation. Article 7 The Association of the Municipal Travel Industry is a legal person of the self-registered social group that upholds the rights of the Travel Service by law, legislation and its statutes to receive guidance and oversight from the municipal tourism administration. Chapter II Establishment of a licence Article 8 The establishment of a travel agency should have the following conditions: (i) A fixed place of business; (ii) The necessary operating facilities; (iii) There are operators in line with national provisions; (iv) There are registered capital and quality assurance payments consistent with national requirements. Article 9 The number of capital and bonds registered by the Travellers is implemented in accordance with the relevant national provisions. Article 10 More than 100,000 visitors were received in the year, and with the approval of the Tourism Administration, sub-offices could be established without legal personality to carry out tourism operations in the name of the establishment agency. Travel agencies should establish sub-offices to increase registration capital in accordance with the relevant provisions of the State and to pay a quality assurance fund to the local tourism administration. Article 11 The city's travel agency may establish a ministry of business that does not have legal personality within the scope of this city to carry out tourism operations in the name of the institution. The scope of the operation of the Ministry of Travel is limited to the establishment of an institution for tourists and the provision of advice or advocacy services. The travel agency has established the Ministry of Operations, which should be available within 30 working days of the date of the registration process for the completed business, and the district tourism administration. Article 12 The overseas travel agency may establish a non-operational permanent office in the city for activities such as tourism counselling, liaison and advocacy (hereinafter referred to as a permanent agency for overseas travel). The establishment of a permanent presence in the city of the overseas travel agency shall have the following conditions: (i) Registration in accordance with national law; (ii) The goodness of the letter is an official member of the Association of National Travel Agencies; (iii) Over two years of operation of their own tourists to Chinese tourists, the number of visitors per year is less than 2000. Article 13 The city introduces a notice system for the Travel Service. The announcement system is implemented by the municipal tourism administration. The announcement includes notice of the opening industry, a change of name announcements, a change in the scope of the operation, a notice of the suspension and a notice of the licence. Article 14. An application for the establishment of an international travel agency, a national travel agency and a travel agency is made for the processing of the approval process under the Regulations and the relevant provisions of this approach, the payment of a quality assurance fund, the receipt of the travel agency's business licence (hereinafter referred to as a business permit) and, within 60 working days, the registration and receipt of business licences by law to the business administration. Article 15 The name of an enterprise declared and registered by the travel agency must contain the word “the travel agency”. Internal travel agencies may not use the name “international”, “Overseas” to be incompatible with their domestic travel services. Article 16 Changes in the scope of the operation should be made in accordance with the relevant provisions of the scheme, with the approval of the previously approved tourism administration sector, to be registered in the business administration sector. Removal names, statutory representatives, addresses, suspensions, and the hotel industry, as well as travel agencies, business change addresses, suspensions, and the hotel industry, should be registered or written off by the business administration sector and be backed up by the tourism administration sector within 30 days of registration. Article 17 The city or the district and district tourism administration should conduct an annual inspection of the travel agency. No travel agency is permitted to operate without annual or annual inspection. The municipal or district, and district tourism administration should inform the results of the annual inspection. Article 18 The conditions and procedures for the establishment of a joint venture travel agency are governed by the relevant provisions of the Department of State Tourism Administration and the Department of State's external trade administration authorities. Chapter III Article 19 Travel agencies should operate in accordance with the scope of the operation of the licence, prohibiting the operation of the scope. Article 20 The travel agency should place a licence and a business licence at awakening site. The price of tourism and related procedural fees should be minimal. Article 21 The travel agency's tourist price forms are largely full-fledged tourism, semi-nutrition tourism. When travelling costs are committed to full-fledged costs, the full-fledged portion should include at least the costs of transportation, accommodation, catering, lobbying and guided tour services. When travelling costs are committed to a semi-bracked price, the content of the semi-bracks should include at least the costs of transportation, accommodation and guided tours services. Article 2 (Turice contract content) The travel agency should enter into a written tourism contract with tourists when it arranged for tourists. The travel contract generally includes the following: (i) The name and address of the travel agency; (ii) Total tourism prices; (iii) The tourist location and schedule arrangements; (iv) The type of transport tools, hierarchy, route (b) hours; (v) The level of accommodation and the type of passenger housing; (vi) Names, doors; (vii) Number and criteria for catering; (viii) Recreation types and frequency; (ix) Toursing services; (x) Number and duration of purchases; (xi) Conditions of termination of contracts; (xii) Liability for default; (xiii) Other elements considered necessary by both parties; (xiv) The place and date of signature. The establishment of an exit tourism contract should also include additional procedures and costs for exit visas. The travel agency enters into a contract with the tourists to refer to the model contract text provided by the municipal tourism administration. Article 23 The travel agency should perform the contract in accordance with the agreement. The travel agency provides a quality feedback form or a similar written material to the tourists, which cannot serve as a proof of performance. When the travel agency assigns the established travel contract to other travellers, it must be agreed by the tourists and cannot increase the costs. The tourists themselves cannot afford to perform their contracts. The tourists should be paid by the tourists for the costs incurred in the performance of the contract; the tourists themselves cannot afford to do so, and the tourists should assume responsibility for default because, for example, the exit visa could not allow others to perform the contract. Article 24 When the travel agency enters into a tourism contract with the tourists, services should be provided in accordance with the contract agreement, without unauthorized changes in the schedule of activities, reductions or enhancements to the project, increased costs, arrangements for other tourism consumption activities not agreed upon by the contract. Travel agencies arrange for travel projects that require fees outside the contract, with the consent of tourists and the receipt of service documents. After the conclusion of the tourism contract, in addition to the national adjustment of exchange rates or transport prices, and the agreement between the parties to the contract to raise the overall price of the tourism industry, the travel agency must not alone increase the overall price of tourism. Article 25 After a contract with the tourists, the travel agency cannot perform the contract by force majeure, either in part or exclusively exempt from responsibility, except otherwise provided by the law. Article 26 The parties to the contract shall notify the parties in advance of three days if they are not in a position to cause default, and the default party shall notify the other party in advance of 7 days. The parties to the contract may also agree otherwise on the time communicated in advance. The parties have agreed to assume their obligations under the agreement. There was no agreement to assume responsibility for default in accordance with the following criteria: (i) The default party should pay a 5 per cent reduction in the total price of the tourism contract, as required; (ii) The default party shall pay the total price of 10 per cent of the tourism contract without notification of the counterpart at specified time. As a result of default, liability is assumed in accordance with the relevant laws, regulations and regulations. Article 27 The travel agency should assume responsibility for default in accordance with the travel contract; the loss to the tourists should be compensated by law. As a result of other tourist operators, the travel contract cannot be performed or cannot be fully performed and the loss of the tourists have the right to claim compensation from the travel agency; and, after compensation from the travel agency, it is entitled to seek compensation to the tourist operators who are unable to perform or cannot fully perform the travel contract. The travel agency's services to tourists are fraudulent and should be liable for damages in accordance with the provisions of the Consumer Rights Protection Act of the People's Republic of China. Article 28 (Lurism insurance) Travel agencies are engaged in the operation of tourism operations and should be insured for the responsibilities of the travel agency. The expenses incurred by the travel agency for the insurance of the responsibilities of the Travellers shall not be included separately in the sales price. The tourists can purchase personal insurance for tourists in accordance with the actual needs. When the travel agency enters into a tourism contract with the tourists, it should indicate the personal insurance of the tourists involved. Article 29 When travelling to organize tourists, the safety of tourists should be guaranteed. Information about the possible endangering the safety of tourists in the tourism industry should be provided in advance to the tourists or to a clear warning and effective measures to prevent harm. When the safety of the tourists is infringed, the staff of the travel agency should take effective rescue measures and report to the team's travel agencies in a timely manner, and the embassies outside the country should also report to the Government of China's embassies, overseas tourism agencies. Article 31 (Report system) In organizing tourist tourists, major accidents such as casualty of tourists should be reported to the relevant sectors within 24 hours after the accident is known: (i) A major accident by the International Travel Service to report to the municipal tourism administration; (ii) The domestic travel agency has experienced major accidents and reports to the district, district tourism administration. Upon receipt of an accident report by the regional, district tourism administration authorities, reports were made promptly to the municipal tourism administration. Article 31 (Option requirements) The travel agency should enter into a written contract to agree on the rights and obligations of both parties. The operators may not disclose, use or permit others to use the commercial secrets of the travel agency they have. Article 32 (Option, guided tours) Visitors, guided tours, who are employed by the travel agency, should be in possession of the certificates issued by the national or municipal tourism administration. In carrying out the guided tour activities, the leaders, the guided tours should be assembled in the form of a desk, a guided tour certificate; the travel of tourists, cruises, and no unauthorized increase, a reduction in tourism projects or a suspension of guided activities, in accordance with the reception plans established by the Travellers. Article 33 (Tisa advertising) The travel agency publishes advertisements that should be in line with the provisions of the State's relevant legal regulations, refrain from conducting false advertising and advertising services that cannot exceed the scope of the operation. The travel agency uses media such as radio, movies, television, newspapers and magazines to issue advertisements, should indicate the name of the travel agency and the number of operating permits; and the advertising of other travel agency operations should also indicate the name of the agent travel agency. The production and publication of advertisements in Chinese citizen's exit tourism operations should be carried out in accordance with the relevant national provisions. Article 34 (Special tourism projects) Travel agencies have developed special tourism projects that are dangerous and should be subject to national regulations. Article XV (Option of travel agencies abroad) The travel agency organizes the travel of tourists and should select the travel agencies that are legally registered in the countries and regions concerned as a reception agency and enter into written contracts. Article XVI (Prevention of unjustifiable competition and sub-payments, suspension) Travel agencies may not use the following unjustifiable means to engage in tourism operations to undermine competition: (i) Receive registration marks from other travel agencies; (ii) The name of other travel agencies on board; (iii) Disadvantaged the reputation of other travel agencies; (iv) Authorize units and individuals of non-recruit organizations to operate tourism operations; (v) Other acts that disrupt the tourist market order. The practitioners of the Travel Service shall not be allowed to pay a small fee to the tourists, without private deduction. Article 37 (Settlement of Disputes) The legitimate rights and interests of the tourists are compromised or disputed with the travel agency, and may be resolved through the following means: (i) Consultations with travel agencies; (ii) Request the Consumer Rights Protection Commission to investigate, mediate; (iii) Complaints to the tourism administration or the business administration sector; (iv) The arbitration body is brought to arbitration or to the People's Court. Article 338 (Option of complaints) Within five working days from the date of receipt of a complaint by the tourists, the tourism administration should take the decision to be admissible; the decision to be taken within 45 days should be taken to deal with the decision and respond to the complainant; the complaint to be handled by other administrative departments should be transmitted to the relevant sectors within five working days from the date of receipt of the complaint. Article 39 In one of the following cases, the tourism administration, after receiving a complaint, considered that the travel agency should be compensated, and the travel agency should be used to compensate the tourists in the absence of compensation or the inability to pay compensation: (i) The travel agency does not meet the quality standards of the services agreed upon by the contract because of its fault; (ii) The services of the Travel Service do not meet national or industrial standards; (iii) The loss of travel expenses incurred by tourists following the insolvency of the travel agency; (iv) Other cases identified by the State Department's Tourism Administration. The Quality Assurance Fund and its interest incurred during the management of the tourism administration sector are owned by the travel agency; the tourism administration, in accordance with the relevant national provisions, can draw a proportion of management fees from interest. Any unit or person may not be diverted from the quality assurance fund. In the case of the travel agency's business dispute, payments should be made in a timely manner, in accordance with the preceding paragraph, for the establishment of the area at which the agency is located, the district tourism administration sector shall be determined by the municipal tourism administration after notification of the use of quality assurance payments made by the area at the location of the operation, the district tourism administration sector. The tourism administration uses the ISA Quality Assurance Fund to compensate the tourists and should be responsible for liability. Article 40 (Statistical statements) Travel agencies should submit statistical statements in due time, in accordance with the relevant provisions of the Department's Tourism Administration. The International Travel Service reports statistical statements to the city's tourism administration; the National Travel Service reports statistical statements to the district, district tourism administration; the statistical statements do not provide false data. Article 40 The travel agency's business archives should be kept exclusively. Of these, the minimum period of storage for the entry into the tourism archives is three years, with a minimum period of two years for domestic tourism archives. Article 42 The travel agency should manage the uniformed personnel, finance, team missions and tourist routes for its own business. Article 43 The Association of the Municipal Travel Services should oversee the operation, the quality of services and prices of the Travel Service, and monitor the release of the municipal tourism administration. Chapter IV Legal responsibility Article 44 In violation of the provisions of this approach, the Regulations provide for penalties under the Regulations. The Regulations do not impose penalties under the following provisions: (i) Visitors, guided tours, who have been dispatched by the Travel Service, have not been required to carry out the hotel documents, which are being converted by the executive branch of the tourism administration; (ii) The travel agent's practitioners, who are privately deducted, is converted by the immigration administration and fined by more than 1000 dollars; (iii) Travellers who do not have the certificates of origin issued by the State or the municipality's tourism administration are engaged in leading units, guided tours activities or by the travel agency's commitment to full-fledged or semi-fledged prices, are warned by the tourism administration and fined by over 3,000 dollars. Immunity of the travel agency, which is required under the Regulations to revoke the Internal Travel Institute's Business Licence, is determined by the municipal tourism administration sector; the need to revoke the IAE Business Licence is approved by the municipal tourism administration authorities. Article 42 (Currence of the business administration) The travel agency violates the laws, regulations and regulations governing the administration of business, which are punishable by law by the business administration. The travel agency was revoked by the municipal tourism administration to notify the business administration sector of its licence to revoke its business. Article 46 Staff members of the tourism administration should comply with the law and act in good faith. Administrative disposal is given by its units or the competent authorities, which constitute a crime, and are criminally criminalized by law. Article 47 (Review and litigation) The specific administrative actions of the tourist administration can be applied by the parties in accordance with the law or administrative proceedings. The parties do not apply for review within the statutory period, do not sue or perform specific administrative acts, which may be enforced by law or apply for enforcement by the People's Court. Chapter V Article 48 The international tourism operations described in this approach refer to entry and exit tourism operations. Article 49 The municipal tourism administration can explain the specific application of this approach. Article 50 This approach was implemented effective 1 February 2000. |
