(August 6, 2003 Zhejiang Province Government makes 160th, announced) first chapter General first article for strengthening on travel agency of management, guarantees tourists and travel agency of lawful rights and interests of, maintenance tourism market order, promote tourism of development, according to state travel agency management Ordinance (following referred to National Ordinance) and Zhejiang Province Tourism Management Ordinance (following referred to province Ordinance), combined this province actual, developed this approach.
Second approach applies to travel within the administrative area of the province set up, operation, supervision and management.
Third provincial tourism authorities responsible for the supervision and administration of travel agencies in the province.
City, County (city, district) responsibilities under the tourism authorities in accordance with the people's Government is responsible for the supervision and administration of travel agencies in the administrative area.
Other relevant departments shall, in accordance with their respective responsibilities, good management of the Agency.
Fourth to encourage domestic and overseas organizations and individuals in a variety of forms according to law to invest travel agency.
Encourage travel agencies implementation of the reform of property right according to law, and independently operate, with conditions and scale of travel agencies should establish and perfect a modern enterprise system.
Fifth clause should encourage travel agents travel industry association.
Chapter II establishment of travel agencies to set up a sixth travel agent, should have national business sites, business facilities, business persons, registered capital, travel agency quality deposit and other conditions.
Article seventh 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.
Eighth article established domestic travel agency of business personnel conditions including: (a) has travel agency Manager served qualification of enterprise head not less than 1 name; (ii) has travel agency Manager served qualification of sector head or business competent personnel not less than 2 name; (three) holds accounting induction card of accounting personnel not less than 2 name, which, at least has 1 name get Assistant Accountants above titles; (four) Mandarin guide Member not less than 3 name. Nineth international travel service operators include: (a) has a travel agency Manager qualification of responsible persons of not less than 1, (ii) has a travel agency Manager qualification Department head or line managers of not less than 3 (iii) accountant accountant of not less than 2.
Such as inbound tourism business, accountants more points at least 1 title; accountants such as outbound travel business should be made above the title, at the same time there should be not less than 3 members of the outbound tour; (d) foreign language tour guide not less than 3 members.
Tenth established travel agency, shall, in accordance with the relevant provisions of the national regulations apply to the tourism authorities, approval procedures, payment of travel service quality deposit, receive a travel agency business license. Tourism authorities from the date of receipt of an application made within the 30th of approval or disapproval of 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.
11th National reception capabilities of the travel agency may set up branch does not have legal personality.
Established points social should has following conditions: (a) has fixed of business places and necessary of business facilities; (ii) has travel agency Manager served qualification of points social head not less than 1 name, holds accounting induction card of full-time accounting personnel not less than 1 name; (three) business domestic tourism business of, Mandarin guide Member not less than 3 name; business international tourism business of, language guide Member not less than 3 name; (four) increased registered capital and increased make travel agency quality margin meet national Ordinance of provides.
12th travel agencies to set up branches, and shall obtain the approval of its tourism authorities established in accordance with the conditions laid down in article 11th approval and registration formalities according to law to obtain business licenses. Tourism authorities from the date of receipt of an application made within the 30th of agreed decisions.
Not agree, it shall notify the applicant in writing and state the reasons.
Without consent of the tourism authorities audits, travel agencies are not allowed to set up branches in its business operations.
Service at her home outside the city, set up branch shall handle the registration date of the registration within the 15th, to the seat of branch County Tourism Authority record.
13th 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, and reported on the branch County tourism authorities of the location of the record.
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, consulting services County tourism authorities of the location of the record.
14th travel agencies change tourism business scope, shall be subject to approval of tourism after the competent authority approval, to the Administrative Department for industry and Commerce for registration of change.
Tourism departments shall from the date of receipt of the request within the 15th of making audit decisions; is not granted, it 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, of the alteration or cancellation of the registration within the 15th and from the date of registration, to the original examination and approval of travel authorities for the record.
15th travel agencies and department heads (including the principal of the Branch Office) and business executives should be in accordance with the relevant provisions of the national tourism authorities, travel agent certificate achieved before they can practice.
Travel guides the guides should be in accordance with State Council regulations relevant provisions made tourist guide qualification certificate, and apply 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, and made team leader qualification certificate, certificate and apply for group leader and leader before engaging in activities.
Chapter III operation 16th 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.
17th 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.
18th 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 services quality assurance 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.
19th 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.
20th travel agencies and tourists shall conclude a contract in written form.
Tourism contract should including following content: (a) travel agency name and the address; (ii) tourism total price; (three) tour schedule and line; (four) tour attractions name; (five) transport type and standard; (six) accommodation grade standard and conditions; (seven) catering grade standard and requirements; (eight) guide service content; (nine) shopping locations, and time and the times; (10) for tourists voluntary select of at their own expense project and the charges standard; (11) contract terminated conditions;
(12), breach of contract and dispute resolution, (13) the parties consider it necessary to agree the other content (14) place and date of signing, (15) signed and sealed on both sides (travel agency or contract seal be affixed).
Outbound tourism contract concluded, shall include procedures, fees for exit visas. 21st travel agencies providing services to tourists should be in accordance with the contract, without changing the schedule, reduce or increase the tourism project, increased costs, or arrange other tourism consumption activities not stipulated in the contract.
Travel agency and tourism project contracts subject to charges, false written consent shall obtain the consent of tourists. 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.
22nd contracting travel agencies and tourists, can refer to the use of national tourism administrations or provincial tourism, industrial and commercial Department provides 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.
23rd tour of contract conclusion, performance, modification, transfer and termination, shall apply to the People's Republic of China provisions of contract law and other relevant laws and regulations.
24th tourists ' legal rights and interests are damaged or with travel agents when there is a dispute, can be obtained in the following ways: (a) consultation with a tour operator, (ii) requests Consumers Union mediation and (iii) to the Administrative Department responsible for tourism or business; (d) drew attention to arbitration or initiate litigation to the people's Court of arbitration. 25th travel agencies shall, in accordance with State 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 agencies and their personnel shall promptly inform the local production safety supervision administration, public security, tourism authorities reported, and assist in security incident handling work outbound travel security incidents, travel agents to send staff should promptly inform the Chinese Government embassies and consulates, embassies and travel agencies reported.
26th 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. 27th article ban engaged in following behavior: (a) used National Ordinance 18th article provides ban using of not due means, damage other travel agency of lawful rights and interests of; (ii) to tourists asking for tip or private by rebate; (three) cheat, and stress tourists consumption or and operators collusion cheat, and stress tourists consumption; (four) in tourism activities in the arrangements illegal or damage physical and mental health of activities content; (five) for false tourism advertising publicity or Super business range for advertising marketing; (six) violation legal
And regulations, and other behavior that disturb the market order.
Fourth chapter 28th tour of supervision and inspection authorities on travel agencies to implement daily supervision and inspection, and once a year the annual supervision and inspection system.
Travel agency shall be subject to supervision and inspection departments of tourism, and in accordance with the requirements to submit relevant documents, materials, provide related operation.
Tourism authorities conducting supervision and inspection, and enforcement procedures must comply with the provisions of laws and regulations.
29th article travel agency in annual check in the has following case one of of, by annual check competent sector made suspended through annual check of decided: (a) tourism quality margin in law paid compensation Hou, not in provides term within complement of; (ii) for business personnel changes, reasons, business personnel of served qualification status not meet established approval Shi of provides conditions of; (three) for violations is provides of rectification period within; (four) not perform this approach 12th article to 14th article provides of record obligations, plot serious of;
(E) other circumstances as stipulated by laws and regulations.
Tourism authorities of the preceding paragraph (a), (b), (d) under the circumstance of the travel agencies, it should be ordered to rectify.
Article 30th tourism authorities 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.
31st the establishment of credit system in the travel agency credit rating and evaluation systems.
Tourism authorities shall establish a credit information system for adverse credit events or acts shall be warning and disclosure to the public.
32nd article travel agency has following case one of of, tourism competent sector accepted complaints by survey situation true of, should according to tourists of loss situation, ordered travel agency be compensation; travel agency not compensation or unable to bear compensation of, should in accordance with national about provides, using travel agency quality margin on tourists first compensation: (a) travel agency for itself fault not reached contract agreed of service quality standard of; (ii) travel agency of service not reached national or industry provides of standard of;
(C) travel agency bankruptcy caused loss of tourists pay travel expenses and (iv) other circumstances as stipulated by laws and regulations.
Tourism authorities 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 authorities are at fault, shall assume the liability.
Article 33rd market credit and excellent operating performance, violation does not occur for two consecutive years, travel agencies, operating in genuine financial difficulty, tourism authorities can return to its line of pay quality deposit within 50%, but funding difficulties disappear should make up for a refund.
Fifth chapter legal responsibility 34th article violation this approach tenth article fourth paragraph, and 12th article third paragraph, and 15th article, and 16th article first paragraph, and 20th article first paragraph, and 21st article, and 25th article first paragraph and second paragraph, and 26th article second paragraph, and 27th article subsection (ii) to subsection (four) items, and 28th article second paragraph provides of, by tourism competent sector in accordance with National Ordinance, and province Ordinance and state guide personnel management Ordinance of about provides punishment.
35th in violation of the first paragraph of article 26th, by the Tourism Department ordered corrective action and for the travel of up to between 5000 and 1000 Yuan fine.
36th article travel agency has following case one of of, can by sent card organ in accordance with National Ordinance and province Ordinance of about provides, revoked travel agency business business license: (a) no due reason, refused to complement travel agency quality margin of; (ii) business personnel of served qualification status in provides of rectification period within up not to established approval Shi of provides conditions of; (three) one years within not carried out travel agency business of; (four) legal, and regulations provides of other case of. 37th must revoke the license for travel agency business, decided by the issuing authority.
Travel the travel agency business license has been revoked, lifting tourism authorities decided the card shall timely notify the administration of industry and commerce, industrial and commercial administrative department shall revoke its business license.
38th 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 from industry and commerce, price, quality and technology supervision, supervision and management of production Safety Administration dealt with according to law.
39th article tourism competent sector violation this approach provides, has following behavior one of of, on its directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions: (a) has National Ordinance 44th article provides case one of of; (ii) violation this approach tenth article second paragraph, and 12th article second paragraph, and 14th article second paragraph provides of approval program of; (three) violation this approach 28th article third paragraph, and 30th article, and 32nd article provides, not law perform supervision check, and complaints processing duties of.
Sixth chapter supplementary articles article 40th these measures shall take effect on October 1, 2003.