Tourism law of the people's Republic of China

Time of promulgation: April 25, 2013 time of implementation: October 1, 2013

Chapter I General Provisions
Article 1 this law is formulated for the purpose of protecting the legitimate rights and interests of tourists and tourism operators, standardizing the order of the tourism market, protecting and rationally utilizing tourism resources, and promoting the sustainable and healthy development of tourism.
Article 2 this Law shall be applicable to tourism activities in the form of sightseeing, vacation, leisure and other forms within the territory of the people's Republic of China or organized outside the territory of the people's Republic of China, as well as business activities that provide relevant services for tourism activities.
Article 3 the state develops tourism, improves tourism public services and protects the rights of tourists in tourism activities according to law.
Article 4 the development of tourism shall follow the principle of integrating social, economic and ecological benefits. The State encourages all kinds of market entities to make rational use of tourism resources according to law on the premise of effective protection of tourism resources. Tourist sites constructed by using public resources should reflect the nature of public welfare.
Article 5 the government shall encourage all kinds of tourism institutions to make outstanding contributions to the promotion and development of tourism.
Article 6 the State shall establish and improve tourism service standards and market rules, and prohibit industrial monopoly and regional monopoly. Tourism operators should operate in good faith, compete fairly, bear social responsibility, and provide safe, healthy, hygienic and convenient tourism services for tourists.
Article 7 the State Council shall establish and improve a comprehensive coordination mechanism for tourism development. Local people's governments at or above the county level shall strengthen the organization and leadership of tourism work, clarify relevant departments or institutions, and make overall plans and coordination for the development, supervision and administration of tourism in their respective administrative regions.
Article 8 tourism industry organizations established according to law shall be subject to self-discipline management.
Chapter II tourists
Article 9 tourists have the right to choose their own tourism products and services, and have the right to refuse the compulsory transactions of tourism operators. Tourists have the right to know the real situation of the tourism products and services they purchase. Tourists have the right to require tour operators to provide products and services as agreed.
Article 10 the personal dignity, national customs and religious beliefs of tourists shall be respected.
Article 11 disabled people, the elderly, minors and other tourists shall enjoy convenience and preferential treatment in their tourism activities in accordance with laws, regulations and relevant provisions.
Article 12 a tourist shall have the right to request assistance and protection in case of danger to his or her personal or property safety. If a tourist's person or property is infringed upon, he has the right to obtain compensation according to law.
Article 13 in tourism activities, tourists shall abide by public order and social morality, respect local customs, cultural traditions and religious beliefs, take good care of tourism resources, protect the ecological environment and abide by the norms of civilized behavior in tourism.
Article 14 in tourism activities or in the settlement of disputes, tourists shall not damage the legitimate rights and interests of local residents, interfere with other people's tourism activities, or damage the legitimate rights and interests of tourism operators and practitioners.
Article 15 when purchasing or receiving tourism services, tourists shall truthfully inform the tourism operators of personal health information related to tourism activities and abide by the safety warning provisions in tourism activities. Tourists shall cooperate with the measures taken by the state to temporarily restrict tourism activities in response to major emergencies, as well as the safety precautions and emergency response measures taken by relevant departments, institutions or tourism operators. If a tourist violates the safety warning regulations, or fails to cooperate with the measures taken by the state to temporarily restrict tourism activities in response to major emergencies, safety precautions and emergency response measures, he shall bear corresponding responsibilities according to law.
Article 16 outbound tourists shall not stay abroad illegally, and outbound tourists with groups shall not divide or leave groups without authorization. Inbound tourists are not allowed to stay in China illegally, and inbound tourists with groups are not allowed to separate or leave groups without authorization.
Chapter III tourism planning and promotion
Article 17 The State Council and the local people's governments at or above the county level shall incorporate the development of tourism into the national economic and social development plan. The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the central government, as well as the people's governments of cities divided into districts and counties with rich tourism resources, shall organize the compilation of tourism development plans in accordance with the requirements of the national economic and social development plans. When making use of trans regional tourism resources that are suitable for overall utilization, a unified tourism development plan shall be formulated by the people's government at a higher level or by the relevant local people's government through consultation.
Article 18 the tourism development plan shall include the general requirements and development objectives of tourism development, the requirements and measures for the protection and utilization of tourism resources, as well as the requirements and promotion measures for the development of tourism products, the improvement of tourism service quality, the construction of tourism culture, the promotion of tourism image, the construction of tourism infrastructure and public service facilities, etc. According to the tourism development plan, the local people's governments at or above the county level may draw up special plans for the development and utilization of key tourism resources, and put forward special requirements for supporting tourism projects, facilities and service functions in specific regions.
Article 19 tourism development plans shall be linked up with general plans for land use, urban and rural plans, plans for environmental protection and plans for the protection and utilization of other natural resources, cultural relics and other human resources.
Article 20 the people's governments at all levels shall, in drawing up general plans for land use and urban and rural plans, give full consideration to the spatial layout of relevant tourism projects and facilities and the requirements for construction land. The planning and construction of transportation, communication, water supply, power supply, environmental protection and other infrastructure and public service facilities should take into account the needs of tourism development.
Article 21 in making tourism use of natural resources, cultural relics and other human resources, we must strictly abide by the provisions of relevant laws and regulations, meet the requirements of resources, ecological protection and cultural relic safety, respect and safeguard local traditional culture and customs, safeguard the regional integrity, cultural representation and regional particularity of resources, and take into account the needs of the protection of military facilities. The competent departments concerned shall strengthen the supervision and inspection of resource protection and tourism utilization.
Article 22 the people's governments at all levels shall organize the evaluation of the implementation of the tourism development plans drawn up by the governments at the corresponding levels and publish them to the public.
Article 23 The State Council and the local people's governments at or above the county level shall formulate and implement industrial policies conducive to the sustainable and healthy development of tourism, promote the construction of tourism and leisure system, take measures to promote regional tourism cooperation, encourage the development of cross regional tourism routes and products, promote the integration of Tourism with industry, agriculture, commerce, culture, health, sports, science and education, and support minority tourism Tourism development in ethnic minority areas, old revolutionary base areas, remote areas and poverty-stricken areas.
Article 24 The State Council and the local people's governments at or above the county level shall arrange funds according to the actual situation to strengthen the construction of tourism infrastructure, tourism public services and the promotion of tourism image.
Article 25 the State formulates and implements the strategy of promoting tourism image. The competent Tourism Department of the State Council shall coordinate and organize the overseas promotion of national tourism image, establish tourism image promotion agencies and networks, and carry out international cooperation and exchanges in tourism. Local people's governments at or above the county level shall coordinate and organize the promotion of local tourism image.
Article 26 The competent department of Tourism under the State Council and the local people's governments at or above the county level shall, according to their needs, establish public information and consultation platforms for tourism, and provide tourists with necessary information and consultation services such as scenic spots, routes, transportation, meteorology, accommodation, safety, medical first aid, etc. free of charge. The relevant departments of the people's governments of cities divided into districts and at the county level shall, according to their needs, set up tourist consultation centers in transportation hubs, commercial centers and tourist concentrated places, and set up tourist signs in scenic spots and roads leading to major scenic spots. People's governments of cities divided into districts and at the county level with rich tourism resources may, according to the actual local conditions, set up tourist passenger dedicated lines or tourist transfer stations to provide services for tourists in and around the city.
Article 27 The State encourages and supports the development of tourism vocational education and training to improve the quality of tourism practitioners.
Chapter IV Tourism Management
Article 28 to establish a travel agency, solicit, organize and receive tourists, and provide tourism services for them, the following conditions shall be met, the permission of the competent tourism department shall be obtained, and the industrial and commercial registration shall be carried out according to law: （1） Having a fixed business site; （2） Having necessary business facilities; （3） Having a registered capital meeting the requirements; （4） Having necessary management personnel and tour guides; （5） Other conditions stipulated by laws and administrative regulations.
Article 29 a travel agency may engage in the following businesses: （1） Domestic tourism; （2） Outbound tourism; （3） Border tourism; （4） Inbound tourism; （5） Other tourism business. Travel agencies shall obtain corresponding business operation licenses for the business operations mentioned in the second and third items of the preceding paragraph, and the specific conditions shall be prescribed by the State Council.
Article 30 travel agencies shall not rent or lend business license of travel agencies or illegally transfer the business operation license of travel agencies in other forms.
Article 31 travel agencies shall pay the quality guarantee for tourism services in accordance with the provisions, which shall be used for compensation for the damage to the rights and interests of tourists and the expenses for emergency assistance in case of danger to the personal safety of tourists.
Article 32 in order to solicit and organize tourists to publish information, travel agencies must be true and accurate, and shall not carry out false publicity to mislead tourists.
Article 33 travel agencies and their practitioners shall not organize or receive tourists to arrange for visits or participate in projects or activities that violate the laws, regulations and social morality of China.
Article 34 travel agencies shall order products and services from qualified suppliers in organizing tourism activities.
Article 35 travel agencies shall not organize tourism activities at unreasonable low prices, deceive tourists, and obtain improper benefits such as rebates through arranging shopping or paying for tourism projects separately. Travel agencies shall not designate specific shopping places or arrange for additional paid tourism projects for tourists. However, unless the two parties reach consensus or the tourists' requirements, and do not affect the itinerary arrangement of other tourists. In case of violation of the provisions of the preceding two paragraphs, the tourist shall have the right to ask the travel agency to return the goods for the tourists and advance the payment for the return within 30 days after the end of the travel trip, or refund the expenses for the additional paid tourism projects.
Article 36 a travel agency shall arrange a leader or tour guide to accompany the whole journey in accordance with the provisions when organizing a team to travel abroad or organizing or receiving the team to enter the country.
Article 37 If the tour guide has passed the qualification examination, the personnel who have concluded a labor contract with the travel agency or registered with the relevant tourism industry organizations may apply for the guide certificate.
Article 38 a travel agency shall conclude a labor contract with its tour guides, pay labor remuneration and social insurance expenses in accordance with law. If a travel agency temporarily hires a tour guide to provide services for tourists, it shall pay the tour guide service fee as stipulated in Article 60 of this Law
paragraph 3 in full. If a travel agency arranges a tour guide to provide services for the team tour, it shall not ask the tour guide to pay in advance or charge any fee from the tour guide.
Article 39 in the course of leading business, a tour guide certificate shall be obtained, with corresponding education background, language ability and tourism experience, and a labor contract shall be concluded with a travel agency that has obtained the business license for outbound tourism business assigned to engage in the leading business.
Article 40 tour guides and leaders shall accept the appointment of travel agencies in providing services for tourists, and shall not undertake tour guides and tour leaders' business without permission.
Article 41 When conducting business activities, tour guides and leaders shall wear tour guides' certificates, abide by professional ethics, respect the customs and religious beliefs of tourists, inform and explain the norms of tourism civilization behaviors to tourists, guide tourists to travel healthily and civilly, and dissuade tourists from violating social morality. Tour guides and leaders shall strictly implement the travel schedule, may not change the travel itinerary or suspend the service activities without authorization, nor ask the tourists for tips, nor induce, deceive, force or disguise the tourists to shop or participate in the other paid tourism projects.
Article 42 the opening of scenic spots shall meet the following conditions and listen to the opinions of the competent tourism departments: （1） Necessary tourism supporting services and auxiliary facilities; （2） Necessary safety facilities and systems shall meet the safety conditions after safety risk assessment; （3） Necessary environmental protection facilities and ecological protection measures; （4） Other conditions stipulated by laws and administrative regulations.
Article 43 the ticket for scenic spots constructed by public resources, and other additional fees for tourist places and transportation in the scenic spots shall be subject to government pricing or government guided prices, and price rise shall be strictly controlled. If the fee is to be charged or the price is raised, a hearing shall be held to seek the views of tourists, operators and relevant parties, and demonstrate its necessity and feasibility. Scenic spots constructed by using public resources shall not increase prices in disguised manner by increasing additional charges; if the investment cost of other charging items has been recovered, the price shall be reduced or fees shall be cancelled accordingly. Public welfare urban parks, museums, memorial halls, etc. shall be opened up gradually free of charge, except for the key cultural relics protection units and the collection units of precious cultural relics.
Article 44 the scenic spot shall publicize the ticket price, the price of the additional charges and the group charge price in a conspicuous place. The price of the scenic spot should be announced six months in advance. If the tickets of different scenic spots or different tourist places in the same scenic area are sold together, the combined price shall not be higher than the sum of the prices of each individual ticket, and the tourists shall have the right to choose to purchase the single ticket. If the core tourist project in the scenic spot is suspended from opening to or stopping providing services to tourists for some reason, it shall be publicized and the fees shall be reduced accordingly.
Article 45 the tourists who receive tourists in scenic spots shall not exceed the maximum load capacity approved by the competent department of scenic spots. Scenic spots shall publish the maximum load capacity approved by the competent departments of scenic spots, formulate and implement the flow control scheme of tourists, and may take ticket booking and other means to control the number of tourists received in the scenic spots. When the number of tourists may reach the maximum capacity, the scenic spot shall make an announcement in advance and report to the local people's government at the same time. The scenic spot and local people's Government shall take timely measures such as dredging and diversion.
Article 46 The administrative measures for urban and rural residents engaging in tourism operations by using their own residential houses or other conditions shall be formulated by the provinces, autonomous regions and municipalities directly under the central government.
Article 47 in the operation of high-risk tourism projects such as high altitude, high speed, water, diving and exploration, the operation license shall be obtained in accordance with the relevant provisions of the state.
Article 48 If a travel agency operates business through the Internet, it shall obtain the business operation license of the travel agency according to law, and mark the information of its business operation license in the prominent position on the homepage of its website. The website that publishes the information of tourism operation shall ensure its information is true and accurate.
Article 49 operators who provide transportation, accommodation, catering, entertainment and other services for tourists shall meet the requirements of laws and regulations and perform their obligations in accordance with the contract.
Article 50 a tourist operator shall ensure that the goods and services provided by him meet the requirements for the safety of his / her personal and property. If a tourist operator obtains the relevant quality standard grade, its facilities and services shall not be lower than the corresponding standard; if the quality standard grade is not obtained, the title and mark of the relevant quality grade shall not be used.
Article 51 a tourist operator shall not give or accept bribes in selling or purchasing goods or services.
Article 52 the tourist operators shall keep confidential the personal information of the tourists they know in their business activities.
Article 53 operators engaged in Road tourism passenger transport shall abide by various systems of road passenger transport safety management, and shall clearly indicate the special signs for Road tourism passenger transport in the prominent position of vehicles, publicize the information of operators and drivers in prominent positions in the carriage, and supervise and supervise the telephone of road transport management agencies.
Article 54 Where a scenic spot or accommodation operator places part of its business projects or sites to other people for accommodation, catering, shopping, sightseeing, entertainment, tourism transportation, etc., he shall bear joint and several liabilities for the damage caused to the tourist caused by the actual business operation.
Article 55 If a tourist operator organizes or receives inbound and outbound tourism and finds that a tourist is engaged in illegal activities or violates the provisions of Article 16 of this law, he shall report to the public security organ, the competent tourism department or the Chinese foreign organization in a timely manner.
Article 56 The State shall, according to the degree of risk of tourism activities, implement a liability insurance system for operators such as travel agencies, accommodation, tourism transportation and high-risk tourism projects as stipulated in Article 47 of this law.
Chapter V tourism service contract
Article 57 a travel agency shall conclude a contract with the tourist when organizing and arranging tourism activities.
Article 58 the contract for the package price tourism shall be in writing, including the following: （1） Basic information of travel agencies and tourists; （2） Travel schedule; （3） The minimum number of tourists in a group; （4） Transportation, accommodation, catering and other tourism service arrangements and standards; （5） Specific contents and time of sightseeing, entertainment and other projects; （6） Free time arrangement; （7） The time limit and mode of travel expenses and their payment; （8） Liability for breach of contract and the way to settle disputes; （9） Other matters stipulated by laws and regulations and agreed by both parties. When entering into a contract for the package price tourism, the travel agency shall give the tourists a detailed description of the contents in the second to the eighth paragraphs of the preceding paragraph.
Article 59 a travel agency shall provide tourists with a travel itinerary list before the start of the travel trip. The travel schedule is an integral part of the contract of the package price tourism.
Article 60 Where a travel agency entrusts other travel agencies to sell the products of the package price tourism and conclude a contract with the tourists, the basic information of the agency and the agency shall be stated in the contract. If a travel agency entrusts the reception business in a contract for the contracted tour to the ground service for performance in accordance with the provisions of this law, it shall state the basic information of the ground agency in the contract. If a tour guide is arranged to provide services for tourists, the service fee for the tour guide shall be specified in the contract of package price tourism.
Article 61 a travel agency shall prompt tourists participating in group tourism to insure personal accident insurance in accordance with the provisions.
Article 62 When entering into a contract for a package price tourism, a travel agency shall inform the tourists of the following: （1） The tourists are not suitable for the tourism activities; （2） Safety precautions in tourism activities; （3） Information that travel agencies may reduce their responsibilities according to law; （4） The relevant laws, regulations, customs and customs, religious taboos of tourist destination that tourists should pay attention to, and activities that should not be participated in in according to Chinese laws; （5） Other matters to be informed as prescribed by laws and regulations. In the performance of the contract, the travel agency shall also inform the tourist of any of the matters prescribed in the preceding paragraph.
Article 63 If a travel agency solicits tourists to travel in groups, if the number of tourists fails to reach the agreed number of tourists, the group agency may terminate the contract. However, domestic tourism shall notify the tourists at least seven days in advance, and outbound tourism shall inform the tourists at least 30 days in advance. If the number of tourists is not reached and the group agency cannot leave the group, the group agency may entrust other travel agencies to perform the contract with the written consent of the tourists. The group agency shall bear the responsibility to the tourists, and the entrusted travel agency shall bear the responsibility for the group agency. If the tourist disagrees, the contract may be terminated. If the contract is terminated due to the number of the group members not meeting the agreement, the Group Club shall refund all the fees already charged to the tourists.
Article 64 before the start of the travel trip, the tourist may transfer his / her rights and obligations in the contract to a third party ＜ br > and the travel agency shall not refuse without proper reasons. Therefore, the increased expenses shall be borne by the tourist and the third party.
Article 65 if a tourist terminates the contract before the end of the travel trip, the Group Club shall, after deducting the necessary expenses, return the remaining money to the tourist.
Article 66 a tourist may terminate the contract in any of the following circumstances: （1） Having infectious diseases and other diseases that may endanger the health and safety of other tourists; （2） Carrying articles that endanger public safety and disagreeing with the matter to be submitted to the relevant departments for handling; （3） Engaging in activities that are illegal or against social morality; （4） Engaging in activities that seriously affect the rights and interests of other tourists, and failing to listen to persuasion or stop; （5） Other circumstances as provided by law. If the contract is terminated due to the circumstances specified in the preceding paragraph, the group agency shall, after deducting the necessary expenses, return the remaining money to the tourists; if the losses are caused to the travel agency, the tourist shall bear the liability for compensation according to law.
Article 67 If an event that cannot be avoided due to force majeure or the travel agency or the performance of the auxiliary party has paid due diligence, the travel travel is affected, the following circumstances shall be taken into account: （1） If the contract cannot be continued, the travel agency and the tourist may terminate the contract. If the contract cannot be fully performed, the travel agency may, after giving a description to the tourist, change the contract within a reasonable range; if the tourist disagrees with the change, the contract may be terminated. （2） If the contract is terminated, the Group Club shall return the remaining money to the tourist after deducting the non refundable expenses paid to the grounding agency or the performance assistant; if the contract is changed, the increased expenses shall be borne by the tourists and the reduced expenses shall be returned to the tourists. （3） If the safety of the tourist's personal and property is endangered, the travel agency shall take corresponding safety measures. Therefore, the expenses incurred shall be shared by the travel agency and the tourists. （4） If the tourists are stranded, the travel agency shall take corresponding resettlement measures. Therefore, the increased accommodation and board expenses shall be borne by the tourists; the increased return expenses shall be shared by the travel agency and tourists.
Article 68 If a contract is terminated during a tourist trip, the travel agency shall assist the tourist to return to the place of departure or to a reasonable place designated by the tourist. If the contract is terminated due to the reasons of the travel agency or the performance assistant, the return cost shall be borne by the travel agency.
Article 69 a travel agency shall perform its obligations in accordance with the contract of package price tourism, and shall not alter the travel schedule without authorization. If the tourist agrees that the travel agency entrusts the reception business in the contract to other grounding agencies with corresponding qualifications, it shall conclude a written entrustment contract with the grounding agency, stipulate the rights and obligations of both parties, provide the grounding agency with a copy of the contract with the tourist, and pay the grounding agency not less than the cost of reception and service. The grounding agency shall provide services in accordance with the contract of tourism and the contract of entrustment.
Article 70 If a travel agency fails to perform its contractual obligations under the contract or fails to fulfill its contractual obligations, it shall bear the responsibility for breach of contract such as continuing to perform, taking remedial measures or compensating for losses according to law; if the damage to the tourist's personal or property is caused, it shall bear the liability for compensation according to law. If a travel agency has the conditions for performance and refuses to perform the contract after the tourists' request, causing serious consequences such as personal injury and detention of the tourist, the tourist may also ask the travel agency to pay the compensation for the travel expenses of less than one time but not more than three times. The travel agency shall not be liable for the failure of the contract for the package price tourism due to the tourists' own reasons, or the failure to perform the contract in accordance with the agreement, or causing personal damage or property losses of the tourists. If the travel agency fails to fulfill the obligation of safety prompt and rescue during the period of the tourists' self arrangement, they shall bear corresponding responsibilities for the personal damage and property losses of the tourists.
Article 71 If the breach of contract is caused by the reason of grounding agency or performance assistant, the group society shall bear the responsibility; after the group society takes responsibility, it may recover compensation from the grounding agency and the performance assistant. If the personal injury and property loss of the tourist are caused by the grounding agency or the performance assistant, the tourist may ask the grounding agency and the performance assistant to bear the compensation liability, or the group club to bear the compensation liability; after the group club takes the responsibility, it can recover from the grounding agency and the performance assistant. However, if the personal injury or property loss of the tourist is caused by the public transport operator, the public transport operator shall bear the liability for compensation according to law. The travel agency shall assist the tourist to claim the claim from the public transport operator.
Article 72 If a tourist damages the legitimate rights and interests of a travel agency, an assistant, a tourist practitioner or other tourist in the course of tourism activities or in settling a dispute, he shall be liable for compensation according to law.
Article 73 If a travel agency arranges a travel trip according to the specific requirements of the tourist and enters into a contract for the package price with the tourist, the tourist requests to change the travel schedule. Therefore, the increased expenses shall be borne by the tourist and the reduced expenses shall be returned to the tourists.
Article 74 If a travel agency accepts the entrustment of a tourist to book travel services such as transportation, accommodation, catering, sightseeing and entertainment, and charges for agency fees, it shall handle the entrusted affairs in person. If the fault of the travel agency causes losses to the tourists, the travel agency shall bear the liability for compensation. If a travel agency accepts the entrustment of tourists to provide services such as travel design and tourism information consultation, it shall ensure that the design is reasonable, feasible and the information is timely and accurate.
Article 75 the accommodation operators shall provide accommodation services for the team tourists in accordance with the provisions of the tourism service contract. If the accommodation operator fails to provide services in accordance with the tourism service contract, he shall provide the tourists with accommodation services not less than the original standard, so the increased expenses shall be borne by the accommodation operator; however, if the hotel operator cannot provide the service due to force majeure and the government takes measures due to the need of public interest, the accommodation operator shall assist in arranging the accommodation of the tourists.
Chapter VI tourism safety
Article 76 The People's governments at or above the county level shall be responsible for the work of tourism safety in a unified way. The relevant departments of the people's governments at or above the county level shall perform their duties of supervision and control of tourism safety in accordance with laws and regulations.
Article 77 the State shall establish a system of warning for safety risks of tourist destinations. The classification and implementation procedures for the safety risk warning of tourist destinations shall be formulated by the competent tourism department under the State Council in conjunction with the relevant departments. The people's governments at or above the county level and their relevant departments shall take tourism safety as an important part of the monitoring and evaluation of emergencies.
Article 78 The People's governments at or above the county level shall, in accordance with law, incorporate tourism emergency management into the government emergency management system, formulate emergency plans and establish a response mechanism for tourism emergencies. After the emergency, the local people's government and its relevant departments and institutions shall take measures to carry out rescue and assist the tourists to return to their places of departure or to a reasonable place designated by the tourists.
Article 79 tourist operators shall strictly implement the laws, regulations, national standards and industry standards of safety production management and fire safety management, meet the corresponding production safety conditions, and formulate the safety protection system and emergency plan for tourists. Tourism operators shall carry out regular emergency rescue skills training for the employees who provide services directly to tourists, carry out safety inspection, monitoring and evaluation on the products and services provided, and take necessary measures to prevent the occurrence of hazards. Tourism operators shall take corresponding safety measures when organizing and receiving tourists such as the elderly, minors and disabled persons.
Article 80 a tourist operator shall, in an express manner, give a prior explanation or warning to the tourist about the following matters in the tourism activities: （1） The correct use of relevant facilities and equipment; （2） Necessary safety precautions and emergency measures; （3） Business, service places, facilities and equipment not open to tourists; （4） Groups not suitable for participating in relevant activities; （5） Other situations that may endanger the safety of the tourists' personal and property.
Article 81 after the occurrence of an emergency or a tourism safety accident, a tourism operator shall immediately take necessary rescue and disposal measures, perform its reporting obligations according to law, and make proper arrangements for tourists.
Article 82 a tourist shall have the right to ask the tourist operator, the local government and relevant institutions for timely assistance in case of danger to his or her personal and property safety. When Chinese outbound tourists are in trouble abroad, they have the right to request the local agencies of our country to provide assistance and protection within the scope of their duties. After receiving assistance from relevant organizations or institutions, tourists shall pay the expenses that should be borne by individuals.
Chapter VII tourism supervision and Administration
Article 83 The competent tourism departments and relevant departments of the people's governments at or above the county level shall, in accordance with the provisions of this Law and relevant laws and regulations, exercise supervision and administration over the tourism market within the scope of their respective functions and duties. The people's governments at or above the county level shall organize the competent tourism departments, relevant competent departments, market supervision and administration, transportation and other law enforcement departments to supervise and inspect the relevant tourism business activities.
Article 84 in performing its duties of supervision and administration, the competent tourism department shall not, in violation of the provisions of laws and administrative regulations, collect fees from the objects of supervision and administration. The competent tourism department and its staff shall not participate in any form of tourism business activities.
Article 85 the tourism authorities of the people's governments at or above the county level shall have the right to supervise and inspect the following matters: （1） Whether the business of travel agency and the service of tour guide and tour leader have obtained the license of operation and practice; （2） The operation of travel agencies; （3） The service behavior of tour guides and tour leaders; （4） Other matters stipulated by laws and regulations. In accordance with the provisions of the preceding paragraph, the Department in charge of tourism may inspect and copy contracts, bills, account books and other materials suspected of violating the law.
Article 86 The competent tourism department and relevant departments shall carry out supervision and inspection according to law, and the number of supervisors and inspectors shall not be less than two, and shall produce legal certificates. If there are less than two supervisors and inspectors or no legal certificates are produced, the unit or individual under inspection shall have the right to refuse. The supervisors and inspectors shall keep confidential the business secrets and personal information of the inspected units they know in the course of supervision and inspection.
Article 87 units and individuals concerned shall cooperate in the supervision and inspection carried out according to law, truthfully explain the situation and provide documents and materials, and shall not refuse, hinder or conceal.
Article 88 if the competent tourism department and relevant departments of the people's government at or above the county level discover any violation of the provisions of this Law in the course of performing their duties of supervision and inspection or in handling reports and complaints, they shall deal with it in a timely manner in accordance with the law; for matters not within the scope of their duties, they shall notify the relevant departments in writing in a timely manner and hand them over to the relevant departments for investigation and punishment.
Article 89 the local people's governments at or above the county level shall establish a mechanism for sharing information on the investigation and punishment of tourism violations, and shall supervise and handle the violations that need to be jointly investigated and dealt with by different departments and regions. The competent tourism department and relevant departments shall, in accordance with their respective functions and duties, timely announce the supervision and inspection to the public.
Article 90 tourism industry organizations established according to law shall, in accordance with the provisions of laws, administrative regulations and articles of association, formulate industry operation norms and service standards, conduct self-discipline management on the operation behavior and service quality of their members, organize and carry out professional ethics education and professional training, and improve the quality of their employees.
Chapter VIII settlement of tourism disputes
Article 91 the people's government at or above the county level shall designate or establish a unified organization for handling tourism complaints. When receiving a complaint, the accepting institution shall promptly handle it or hand it over to the relevant department for handling, and inform the complainants.
Article 92 any dispute between a tourist and a tourist operator may be settled through the following channels: （1） Negotiation between the two parties; （2） Apply for mediation from the Consumer Association, tourism complaint acceptance agency or relevant mediation organization; （3） Submit to arbitration organization for arbitration according to the arbitration agreement reached with tourism operators; （4） Bring a lawsuit to the people's court.
Article 93 the Consumer Association, the tourist complaint accepting institution and the relevant mediation organization shall, on the basis of both parties' voluntariness, mediate the disputes between tourists and tour operators according to law.
Article 94 in the event of a dispute between a tourist and a tourist operator, if there are a large number of tourists and they have common requests, they may elect representatives to participate in consultation, mediation, arbitration and litigation.
Chapter IX Legal Liability
Article 95 Those who, in violation of the provisions of this law, engage in the business of travel agencies without permission shall be ordered by the competent tourism department or the market supervision and administration department to make corrections, their illegal gains shall be confiscated and they shall also be fined not less than 10000 yuan but not more than 100000 yuan; those with illegal gains more than 100000 yuan shall also be fined not less than one time but not more than five times of their illegal gains; and those responsible shall be fined not less than 2000 yuan but not more than 20000 yuan. In violation of the provisions of this law, travel agencies operate without permission
In addition to punishing in accordance with the provisions of the preceding paragraph, those who engage in the third business, or lease or lend the business license of a travel agency, or illegally transfer the business license of a travel agency by other means, shall be ordered to suspend business for rectification; if the circumstances are serious, the business license of a travel agency shall be revoked; and the person in charge who is directly responsible shall be fined not less than 2000 yuan but not more than 20000 yuan.
Article 96 If a travel agency violates the provisions of this Law and commits one of the following acts, it shall be ordered by the competent tourism department to make corrections, confiscate its illegal income and impose a fine of not less than 5000 yuan but not more than 50000 yuan; if the circumstances are serious, it shall be ordered to suspend business for rectification or its business license shall be revoked; and the person in charge and other persons directly responsible shall be fined not less than 2000 yuan but not more than 20000 yuan （1） Failing to arrange a tour leader or guide to accompany the outbound or inbound team in the whole journey according to the regulations; （2） Arranging persons who have not obtained tour guide certificates to provide tour guide services or arranging persons who do not have the qualifications for tour guide to provide tour guide services; （3） Failing to pay the tour guide service fee to the temporarily employed tour guide; （4） Requiring the tour guide to pay in advance or to collect fees from the tour guide.
Article 97 If the illegal income of the travel agency is less than 5000 yuan, or if it violates the provisions of the travel law, the travel agency shall be ordered to suspend its business and be fined five times or more yuan The person in charge and other persons directly responsible shall be fined not less than 2000 yuan but not more than 20000 yuan （1） Carrying out false propaganda to mislead tourists; （2） Ordering products and services from unqualified suppliers; （3） Failing to take out travel agency liability insurance as required.
Article 98 a travel agency violates this law
As stipulated in Article 35, the Department in charge of tourism shall order it to make corrections, confiscate its illegal income, order it to suspend business for rectification and impose a fine of not less than 30000 yuan but not more than 300000 yuan; if the illegal income is more than 300000 yuan, it shall also impose a fine of not less than one time but not more than five times the illegal income; if the circumstances are serious, the business license of the travel agency shall be revoked; and the person in charge and other persons directly responsible shall be held responsible In addition, the tour guide license shall be suspended or revoked.
Article 99 a travel agency fails to perform this law
In case of reporting obligations stipulated in Article 55, the Department in charge of tourism shall impose a fine of not less than 5000 yuan but not more than 50000 yuan; if the circumstances are serious, it shall be ordered to suspend business for rectification or its business license shall be revoked; the person in charge and other persons directly responsible shall be imposed a fine of not less than 2000 yuan but not more than 20000 yuan, and the tour guide license shall be temporarily suspended or revoked.
Article 100 If a travel agency violates the provisions of this Law and commits one of the following acts, it shall be ordered by the competent tourism department to make corrections and be fined not less than 30000 yuan but not more than 300000 yuan, and be ordered to suspend business for rectification; if serious consequences are caused, such as the detention of tourists, the business license of the travel agency shall be revoked; the person in charge and other persons who are directly responsible shall be fined not less than 2000 yuan but not more than 20000 yuan, and be punished To suspend or revoke a tour guide's license: （1） Changing the itinerary without authorization, seriously damaging the rights and interests of tourists; （2） Refusing to perform the contract; （3） Entrusting other travel agencies to perform the package tour contract without the written consent of the tourists.
Article 101 If a travel agency, in violation of the provisions of this law, arranges tourists to visit or participate in projects or activities that violate China's laws, regulations and social morality, it shall be ordered by the competent tourism department to make corrections, confiscate its illegal income, order it to suspend business for rectification, and impose a fine of not less than 20000 yuan but not more than 200000 yuan; if the circumstances are serious, the business license of the travel agency shall be revoked; and the person in charge and the person in charge who are directly responsible shall be punished Other persons who are directly responsible shall be fined not less than 2000 yuan but not more than 20000 yuan, and their tourist guides' licenses shall be suspended or revoked.
Article 102 anyone who, in violation of the provisions of this law, engages in the activities of a tour guide or a tour leader without a tour guide's license or without the qualifications for a tour leader shall be ordered by the competent department of tourism to make corrections, his illegal income shall be confiscated, and he shall be fined not less than 1000 yuan but not more than 10000 yuan, which shall be announced. Any guide or tour leader who, in violation of the provisions of this law, undertakes business without permission shall be ordered by the competent department of tourism to make corrections, his illegal income shall be confiscated, he shall be fined not less than 1000 yuan but not more than 10000 yuan, and his tour guide license shall be suspended or revoked. Any guide or tour leader who, in violation of the provisions of this law, asks for tips from tourists shall be ordered by the competent department of tourism to return the tips and be fined not less than 1000 yuan but not more than 10000 yuan; if the circumstances are serious, the guide's license shall be suspended or revoked.
Article 103 a tour guide or tour leader whose tour guide license has been revoked in violation of the provisions of this Law and the relevant management personnel of a travel agency who has been punished by revoking the business license of a travel agency shall not apply for a new tour guide license or engage in the business of a travel agency within three years from the date of punishment.
Article 104 any tourist operator who, in violation of the provisions of this law, gives or accepts bribes shall be punished by the market supervision and administration department in accordance with the provisions of relevant laws and regulations; if the circumstances are serious, the competent tourism department shall revoke the business license of the travel agency.
Article 105 If a scenic spot fails to meet the opening conditions stipulated in this Law and receives tourists, the competent department of the scenic spot shall order it to suspend business for rectification until it meets the opening conditions and impose a fine of not less than 20000 yuan but not more than 200000 yuan. If a scenic spot fails to make an announcement in accordance with the provisions of this law, or fails to report to the local people's government when the number of tourists may reach the maximum carrying capacity, or fails to take timely measures to divert or divert tourists, or exceeds the maximum carrying capacity to receive tourists, it shall be ordered to make corrections by the competent department of the scenic spot. If the circumstances are serious, it shall be ordered to suspend business for one to six months.
Article 106 If a scenic spot, in violation of the provisions of this law, increases the price of tickets or other items charged without authorization, or commits other price violations, it shall be punished by the competent department concerned in accordance with the provisions of relevant laws and regulations.
Article 107 If a tourist operator violates the laws, regulations or national or industrial standards concerning the administration of production safety and fire safety, it shall be punished by the relevant competent department in accordance with the provisions of the relevant laws and regulations.
Article 108 tourism operators and their employees who violate the provisions of this Law shall be recorded in the credit files by the competent tourism department and other relevant departments and made known to the public.
Article 109 in performing their duties of supervision and administration, the staff members of the competent tourism department and other relevant departments who abuse their power, neglect their duties or engage in malpractices for personal gain, if the case does not constitute a crime, shall be punished according to law.
Article 110 anyone who violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.
Chapter X supplementary provisions
Article 111 the meanings of the following terms used in this law are as follows: （1） Tourism operators refer to travel agencies, scenic spots and operators providing transportation, accommodation, catering, shopping, entertainment and other services for tourists. （2） Scenic spots refer to places or areas that provide tourists with tour services and have clear management boundaries. （3） Package tour contract refers to a contract in which the travel agency arranges the itinerary in advance, provides or performs two or more tourism services such as transportation, accommodation, catering, sightseeing, tour guide or tour leader, and the tourists pay the total price of the tour. （4） Group travel agency refers to a travel agency that has signed a package tour contract with tourists. （5） Local travel agency refers to a travel agency that receives tourists at the destination entrusted by a group agency. （6） Performance assistant refers to the legal person or natural person who has a contractual relationship with a travel agency, assists it to perform its contractual obligations of package tour, and actually provides relevant services.
Article 112 this Law shall come into force as of October 1, 2013.