Adopted at the Second Session of the Twelfth National People's Congress Standing Committee on April 25, 2013
According toFirst Amendment adopted at the 24th Session of the Standing Committee of the 12th National People's Congress on November 7, 2016, Decision on Amending Twelve Laws Including the Foreign Trade Law of the People's Republic of China.
According toOn October 26, 2018, the Sixth Session of the Standing Committee of the Thirteenth National People's Congress made the second amendment to the Decision on Amending Fifteen Laws Including the Wildlife Protection Law of the People's Republic of China.
Chapter One General Provisions
Article 1 This law is enacted to protect the legitimate rights and interests of tourists and tourism operators, regulate the order of the tourism market, protect and rationally utilize tourism resources, and promote the sustainable and healthy development of the tourism industry.
Article 2 This Law applies to tourism activities conducted within the territory of the People's Republic of China, as well as tourism activities organized within the territory of the People's Republic of China for travel, vacation, leisure, and other forms outside the territory, along with related service operations provided for such tourism activities.
Article 3 The state develops the tourism industry, improves public tourism services, and protects the rights of tourists in tourism activities in accordance with the law.
Article 4 The development of tourism should adhere to the principle of harmonizing social, economic, and ecological benefits. The state encourages various market entities to utilize tourism resources reasonably and legally while effectively protecting them. Tourist sites developed using public resources should reflect their public welfare nature.
Article 5 The state advocates healthy, civilized, and environmentally friendly tourism practices, supports and encourages various social organizations to conduct public-interest tourism promotion, and rewards entities and individuals who make outstanding contributions to the development of the tourism industry.
Article 6 The state establishes and improves tourism service standards and market regulations, prohibiting industry monopolies and regional monopolies. Tourism operators shall conduct business with integrity, engage in fair competition, fulfill social responsibilities, and provide tourists with safe, healthy, hygienic, and convenient tourism services.
Article 7 The State Council establishes and improves a comprehensive coordination mechanism for tourism to ensure coordinated development of the tourism industry.
Local people's governments at or above the county level shall strengthen the organization and leadership of tourism work, designate relevant departments or agencies, and coordinate the development, supervision, and management of tourism within their respective administrative regions.
Article 8 Legally established tourism industry organizations shall practice self-regulation.
Chapter Two Tourist
Article 9 Tourists have the right to independently choose tourism products and services and to refuse compulsory transactions by tourism operators.
Tourists have the right to know the true situation of the travel products and services they purchase.
Tourists have the right to require tourism operators to provide products and services according to the agreement.
Article 10 The personal dignity, ethnic customs, and religious beliefs of tourists shall be respected.
Article 11 %% Tourists with disabilities, elderly individuals, minors, and others are entitled to convenience and preferential treatment in tourism activities in accordance with laws, regulations, and relevant provisions. %% Article 12 %% Tourists have the right to request assistance and protection when their personal safety or property is at risk. Disabled individuals, elderly persons, minors, and other tourists are entitled to conveniences and preferential treatment during tourism activities in accordance with laws, regulations, and relevant provisions.
Article 12 Tourists have the right to request assistance and protection when their personal or property safety is endangered.
Tourists have the right to obtain compensation in accordance with the law if their personal safety or property is infringed upon.
Article 13 During tourism activities, tourists shall observe social order and public morality, respect local customs, cultural traditions, and religious beliefs, protect tourism resources, maintain the ecological environment, and comply with the norms of civilized tourism behavior.
Article 14 During tourism activities or in the process of resolving disputes, tourists shall not infringe upon the legitimate rights and interests of local residents, disrupt others' tourism activities, or harm the legitimate rights and interests of tourism operators and practitioners.
Article 15 When purchasing or receiving tourism services, travelers shall truthfully disclose personal health information relevant to the tourism activities to tourism operators and comply with the safety warning regulations during tourism activities.
Tourists shall cooperate with the state's measures to temporarily restrict travel activities in response to major emergencies, as well as the safety precautions and emergency response measures taken by relevant departments, institutions, or tourism operators.
Tourists who violate safety warning regulations or fail to cooperate with the state's measures to temporarily restrict travel activities in response to major emergencies, as well as safety precautions and emergency response measures, shall bear corresponding legal responsibilities.
Article 16 Outbound tourists shall not illegally stay abroad, and group outbound tourists shall not separate from or leave the group without authorization.
Inbound tourists shall not illegally stay within the country, and group inbound tourists shall not separate from or leave the group without authorization.
Chapter III Tourism Planning and Promotion
Article 17 %% The State Council and local people's governments at or above the county level shall incorporate tourism development into national economic and social development plans. %% Chapter III %% Tourism Planning and Promotion The State Council and local people's governments at or above the county level shall incorporate tourism development into national economic and social development plans.
The State Council, provincial, autonomous regional, and directly governed municipal governments, as well as city and county-level governments in areas rich in tourism resources, shall organize the formulation of tourism development plans in accordance with the requirements of national economic and social development plans. For the utilization of tourism resources that span administrative regions and are suitable for integrated development, a unified tourism development plan shall be organized by the higher-level government or jointly prepared by the relevant local governments through consultation.
Article 18 Tourism development plans shall include the overall requirements and development goals for the tourism industry, requirements and measures for the protection and utilization of tourism resources, as well as requirements and promotional measures for tourism product development, improvement of tourism service quality, tourism cultural development, tourism image promotion, and the construction of tourism infrastructure and public service facilities.
Based on tourism development plans, local people's governments at or above the county level may formulate specialized plans for the development and utilization of key tourism resources, specifying particular requirements for tourism projects, facilities, and supporting service functions within designated areas.
Article 19 Tourism development plans shall be coordinated with overall land use plans, urban and rural planning, environmental protection plans, as well as plans for the protection and utilization of other natural and cultural resources such as relics and artifacts.
Article 20 When formulating land use master plans and urban-rural plans, people's governments at all levels shall fully consider the spatial layout of relevant tourism projects and facilities as well as land use requirements. The planning and construction of infrastructure and public service facilities such as transportation, communications, water supply, power supply, and environmental protection shall take into account the needs of tourism development.
Article 21 %% The tourism utilization of natural resources and cultural heritage, such as cultural relics, must strictly comply with relevant laws and regulations, align with the requirements of resource and ecological protection as well as cultural relic safety, respect and uphold local traditional culture and customs, maintain the regional integrity, cultural representation, and geographical uniqueness of the resources, and consider the need for military facility protection. The competent authorities shall strengthen supervision and inspection of resource protection and tourism utilization. %% Article 22 %% People's governments at all levels shall organize evaluations of the implementation of tourism development plans formulated at their respective levels and make the results public. %% Article 23 The State Council and local people's governments at or above the county level shall formulate and implement industrial policies conducive to the sustainable and healthy development of the tourism industry, promote the construction of tourism and leisure systems, take measures to facilitate regional tourism cooperation, encourage the development of cross-regional tourism routes and products, foster the integration of tourism with industries such as manufacturing, agriculture, commerce, culture, health, sports, science, and education, and support tourism development in ethnic minority areas, old revolutionary base areas, remote areas, and impoverished areas.
Article 22 People's governments at all levels shall organize assessments of the implementation of tourism development plans formulated by their respective government levels and make the results public.
Article 23 The State Council and 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 a tourism and leisure system, take measures to facilitate regional tourism cooperation, encourage the development of cross-regional tourism routes and products, foster the integration of tourism with industries such as industry, agriculture, commerce, culture, health, sports, science, and education, and support tourism development in ethnic minority areas, old revolutionary base areas, remote regions, and poverty-stricken areas.
Article 24 The State Council and local people's governments at or above the county level shall allocate funds based on actual circumstances to strengthen tourism infrastructure construction, public tourism services, and tourism image promotion.
Article 25 The State formulates and implements a strategy for promoting the tourism image. The competent tourism department under the State Council shall coordinate and organize the overseas promotion of the national tourism image, establish tourism image promotion institutions 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 images.
Article 26 The competent tourism department of the State Council and local people's governments at or above the county level shall, as needed, establish public tourism information and consultation platforms to provide tourists with necessary information and consultation services free of charge, including details on tourist attractions, routes, transportation, weather, accommodation, safety, and medical emergency services. Relevant departments of municipal and county-level people's governments shall, based on needs, set up tourist consultation centers at transportation hubs, commercial centers, and areas with high tourist concentrations, as well as install tourism direction signs at scenic spots and on roads leading to major attractions.
People's governments of cities divided into districts and counties with abundant tourism resources may, based on local conditions, establish dedicated tourist transport routes or visitor transfer stations to provide services for tourists traveling within and around the city.
Article 27 The State encourages and supports the development of vocational education and training in tourism to enhance the quality of tourism professionals.
Chapter Four Tourism Operations
Article 28 To establish a travel agency for the purpose of soliciting, organizing, and receiving tourists and providing them with tourism services, the following conditions must be met, along with obtaining permission from the competent tourism authority and completing industrial and commercial registration in accordance with the law.:
(a) having a fixed business premises;
(2) Having the necessary operational facilities;
(3) Having registered capital that complies with regulations;
(4) Having necessary management personnel and tour guides;
(f) Other conditions as stipulated by laws and administrative regulations.
Article 29 Travel agencies may engage in the following business activities:
(1) Domestic tourism;
(2) Outbound tourism;
(3) Border tourism;
(4) Inbound tourism;
(v) Other tourism-related businesses.
To operate the businesses listed in items (ii) and (iii) of the preceding paragraph, a travel agency must obtain the corresponding business operation permits, with specific conditions to be stipulated by the State Council.
Article 30 A travel agency shall not lease, lend its business operation permit for travel agencies, or illegally transfer its business operation permit for travel agencies in any other form.
Article 31 Travel agencies shall, in accordance with regulations, pay a tourism service quality deposit, which is used to compensate for damages to the rights and interests of tourists and to advance the costs of emergency assistance when tourists' personal safety is at risk.
Article 32 Travel agencies must ensure that all information published for soliciting and organizing tourists is truthful and accurate, and shall not engage in false advertising or mislead tourists.
Article 33 Travel agencies and their employees shall not arrange for tourists to visit or participate in any projects or activities that violate Chinese laws, regulations, or social morality when organizing or receiving tourists.
Article 34 Travel agencies organizing tourism activities should order products and services from qualified suppliers.
Article 35 %% Travel agencies are prohibited from organizing tourism activities at unreasonably low prices to deceive tourists and from obtaining improper benefits such as kickbacks through arranging shopping or additional paid tourism programs. Travel agencies must not organize travel activities at unreasonably low prices to deceive tourists and seek improper benefits such as kickbacks by arranging shopping or additional paid tourism items.
Travel agencies organizing or receiving tourists shall not designate specific shopping venues or arrange additional paid tourism activities, unless mutually agreed upon by both parties or requested by tourists, and provided it does not affect the travel arrangements of other tourists.
In the event of violations of the aforementioned provisions, tourists have the right to request the travel agency to handle returns and advance the refund payment, or to refund the fees for additional paid tourism activities, within thirty days after the conclusion of the travel itinerary.
Article 36 When organizing outbound group tours or receiving inbound group tours, travel agencies must arrange for tour leaders or guides to accompany the group throughout the journey as required by regulations.
Article 37 Individuals who have passed the tour guide qualification examination, signed a labor contract with a travel agency, or registered with a relevant tourism industry organization may apply for a tour guide certificate.
Article 38 Travel agencies shall enter into labor contracts with tour guides they employ in accordance with the law, pay labor remuneration, and contribute to social insurance.
If a travel agency temporarily hires a tour guide to provide services to tourists, it shall pay the tour guide the full amount of service fees as stipulated in Paragraph 3 of Article 60 of this Law.
A travel agency arranging tour guides to provide services for group tours must not require the guides to advance payments or charge them any fees.
Article 39 To engage in tour leader business, one must obtain a tour guide certificate, possess the corresponding educational background, language proficiency, and tourism work experience, and enter into a labor contract with a travel agency that has obtained the business license for outbound tourism and assigned them to perform tour leader duties.
Article 40 Tour guides and tour leaders must be assigned by a travel agency to provide services to tourists and are prohibited from independently engaging in guide or leader activities.
Article 41 Tour guides and tour leaders, when conducting business activities, shall wear their guide credentials, adhere to professional ethics, respect tourists' customs and religious beliefs, inform and explain civilized tourism norms to tourists, guide them toward healthy and civilized tourism, and dissuade them from behaviors that violate social morality.
Tour guides and tour leaders shall strictly adhere to the travel itinerary, and must not alter the itinerary or terminate service activities without authorization. They are prohibited from soliciting tips from tourists, as well as from inducing, deceiving, coercing, or pressuring tourists into shopping or participating in additional paid tourism activities.
Article 42 Scenic areas shall meet the following conditions before opening to the public and seek opinions from the tourism administration department::
(1) Possess necessary tourism support services and auxiliary facilities;
(2) Possession of necessary safety facilities and systems, having undergone safety risk assessment, meeting safety conditions;
(3) Possession of necessary environmental protection facilities and ecological conservation measures;
(4) Other conditions stipulated by laws and administrative regulations.
Article 43 For admission tickets to scenic areas utilizing public resources and additional fee-charging items such as internal visiting sites and transportation vehicles within these areas, government pricing or government-guided pricing shall apply, with strict control over price increases. Before implementing new charges or raising prices, public hearings must be conducted to solicit opinions from tourists, operators, and relevant parties, demonstrating the necessity and feasibility of such actions.
Scenic areas developed using public resources shall not engage in disguised price hikes by adding extra chargeable items or similar means.For additional chargeable items where the investment cost has been recovered, the price shall be correspondingly reduced or the charges eliminated.
Public welfare facilities such as urban parks, museums, and memorial halls, except for key cultural relics protection units and institutions housing precious cultural relics, shall gradually become free to the public.
Article 44 Scenic areas shall publicly display ticket prices, prices for additional chargeable items, and group pricing at prominent locations. Any increase in ticket prices by scenic areas must be announced six months in advance.
When tickets for different scenic areas or different attractions within the same scenic area are sold as a combined package, the combined price shall not exceed the sum of the prices of the individual tickets, and tourists have the right to choose to purchase individual tickets.
If core tourist attractions within a scenic area are temporarily closed or services are suspended due to unforeseen circumstances, this shall be publicly announced, and fees shall be reduced accordingly.
Article 45 Scenic areas must not exceed the maximum carrying capacity approved by the competent authorities. Scenic areas shall publicly announce the maximum carrying capacity determined by the competent authorities, formulate and implement visitor flow control plans, and may adopt measures such as ticket reservations to regulate the number of tourists received.
When the number of tourists is likely to reach the maximum capacity, the scenic area should issue an announcement in advance and report to the local people's government simultaneously. Both the scenic area and the local people's government should promptly take measures such as guidance and diversion.
Article 46 Urban and rural residents utilizing their own residences or other conditions to engage in tourism operations in accordance with the law shall be governed by management measures formulated by provinces, autonomous regions, and municipalities directly under the central government.
Article 47 Operators of high-risk tourism activities such as high-altitude, high-speed, water-based, diving, and adventure projects must obtain business licenses in accordance with relevant national regulations.
Article 48 Those conducting travel agency business online must obtain a travel agency business license in accordance with the law and prominently display their business license information on the main page of their website.
Websites that publish tourism business information must ensure the authenticity and accuracy of their content.
Article 49 %% Operators providing services such as transportation, accommodation, catering, and entertainment for tourists shall meet the requirements specified by laws and regulations and fulfill their obligations in accordance with the terms of the contract. %% Websites publishing tourism business information shall ensure the authenticity and accuracy of such information. %% Article 50 %% Tourism operators shall ensure that the goods and services they provide meet the requirements for safeguarding personal and property safety. Operators providing transportation, accommodation, catering, entertainment, and other services to tourists shall meet the requirements stipulated by laws and regulations and fulfill their obligations in accordance with the contract.
Article 50 Tourism operators shall ensure that the goods and services they provide meet the requirements for safeguarding personal and property safety.
Tourism operators that have obtained relevant quality standard ratings shall ensure their facilities and services are not below the corresponding standards.Those that have not obtained quality standard ratings are prohibited from using the titles or marks associated with such quality levels.
Article 51 Tourism operators shall neither offer nor accept bribes in the sale or purchase of goods or services.
Article 52 Tourism operators shall keep confidential the personal information of tourists obtained during their business activities.
Article 53 Operators engaged in road tourism passenger transport shall comply with all safety management systems for road passenger transport, prominently display the special road tourism passenger transport identification on the vehicle, and publicly display information such as the operator and driver details, as well as the supervision contact number of the road transport regulatory authority inside the vehicle.
Article 54 Where a scenic area or accommodation operator assigns part of its business projects or venues to others for operations such as lodging, catering, shopping, sightseeing, entertainment, or tourist transportation, it shall bear joint liability for any damages caused to tourists by the actual operator's business activities.
Article 55 When organizing or receiving inbound and outbound tourism, if a tourism operator discovers that tourists are engaged in illegal activities or violate the circumstances specified in Article 16 of this law, it shall promptly report to public security authorities, tourism authorities, or Chinese institutions abroad.
Article 56 The state implements a compulsory liability insurance system for operators such as travel agencies, accommodations, tourism transportation, and high-risk tourism projects specified in Article 47 of this law, based on the risk level of tourism activities.
Chapter Five Tourism Service Contracts
Article 57 Tour operators organizing and arranging tourism activities shall enter into contracts with tourists.
Article 58 Package tour contracts shall be in written form and include the following contents::
(1) Basic information of the travel agency and tourists;
(2) Travel itinerary arrangements;
(3) The minimum number of participants required for the tour group to proceed;
(4) Arrangements and standards for transportation, accommodation, meals, and other travel services;
(5) Specific content and schedule of sightseeing, entertainment, and other activities;
(6) Arrangements for free time;
(7) Tour costs, including the deadlines and methods of payment;
(8) Liability for breach of contract and methods for dispute resolution;
(9) Other matters stipulated by laws and regulations or agreed upon by both parties.
When concluding a package tour contract, the travel agency shall provide the tourist with detailed explanations of the contents specified in items two through eight of the preceding paragraph.
Article 59 The travel agency shall provide the tourist with a tour itinerary before the commencement of the trip. The tour itinerary forms an integral part of the package tour contract.
Article 60 Where a travel agency entrusts another travel agency to act as an agent to sell a package tour product and enters into a package tour contract with a tourist, the basic information of the entrusting agency and the agency shall be specified in the package tour contract.
Travel agencies that entrust the reception services specified in the package travel contract to local ground operators in accordance with the provisions of this law shall clearly state the basic information of the ground operators in the package travel contract.
When arranging tour guides to provide services for tourists, the fees for guide services shall be clearly stated in the package travel contract.
Article 61 Travel agencies shall remind tourists participating in group tours to take out personal accident insurance in accordance with regulations.
Article 62 When concluding a package travel contract, the travel agency shall inform the tourist of the following matters:
(1) circumstances under which the tourist is unsuitable to participate in travel activities;
(2) safety precautions during travel activities;
(3) information on the circumstances under which the travel agency may legally reduce or exempt its liability.
(4) Travelers should be aware of the relevant laws, regulations, customs, religious taboos of the destination, as well as activities unsuitable for participation according to Chinese law;
(5) Other matters that should be disclosed as stipulated by laws and regulations.
During the performance of a package tour contract, if any of the aforementioned circumstances occur, the travel agency shall also inform the tourists.
Article 63 When a travel agency recruits tourists for group travel but fails to meet the agreed number of participants and cannot proceed with the trip, the organizing agency may terminate the contract. However, for domestic travel, tourists must be notified at least seven days in advance, and for outbound travel, tourists must be notified at least thirty days in advance.
If the tour cannot be conducted due to insufficient participants, the organizing travel agency may, with the written consent of the tourists, delegate another travel agency to fulfill the contract. The organizing travel agency shall be responsible to the tourists, while the delegated travel agency shall be responsible to the organizing travel agency. If the tourists do not agree, they may terminate the contract.
If the contract is terminated due to the failure to reach the agreed number of participants for group formation, the organizing travel agency shall refund the full amount of fees already collected from the tourists.
Article 64 Before the commencement of the travel itinerary, the tourist may transfer their rights and obligations under the package travel contract to a third party. The travel agency shall not refuse without justifiable reasons, and any additional costs incurred shall be borne by the tourist and the third party.
Article 65 If a tourist terminates the contract before the end of the travel itinerary, the organizing travel agency shall refund the remaining payment to the tourist after deducting necessary expenses.
Article 66 In any of the following circumstances, the travel agency may terminate the contract with the tourist.:
(1) Suffering from infectious diseases or other illnesses that may endanger the health and safety of other tourists;
(2) Carrying items that threaten public safety and refusing to hand them over to the relevant authorities for handling;
(3) Engaging in illegal or socially immoral activities;
(4) Participating in activities that severely infringe upon the rights of other tourists, and refusing to heed dissuasion or being unable to stop such actions.
(v) Other circumstances as prescribed by law.
If the contract is terminated due to the circumstances specified in the preceding paragraph, the organizing travel agency shall refund the remaining amount to the traveler after deducting necessary expenses.If losses are caused to the travel agency, the traveler shall be liable for compensation in accordance with the law.
Article 67 Where the travel itinerary is affected due to force majeure or events that the travel agency or its performance assistants could not avoid despite having exercised reasonable care, the following provisions shall apply::
(1) If the contract cannot be continued, either the travel agency or the traveler may terminate it. In cases where the contract cannot be fully performed, the travel agency may modify the contract within reasonable limits after providing an explanation to the traveler; if the traveler disagrees with the modification, they may terminate the contract.
(2) In the event of contract termination, the organizing travel agency shall refund the remaining amount to the tourist after deducting the non-refundable fees already paid to the local travel agency or service providers; in the case of contract modification, any increased costs shall be borne by the tourist, while any reduced costs shall be refunded to the tourist.
(3) In the event of endangering tourists' personal or property safety, the travel agency shall take corresponding safety measures, and the expenses incurred thereby shall be shared between the travel agency and the tourists.
(4) If tourists are stranded, the travel agency shall take corresponding resettlement measures. The increased costs for food and accommodation shall be borne by the tourists; the increased return trip expenses shall be shared between the travel agency and the tourists.
Article 68 If a contract is terminated during the travel itinerary, the travel agency shall assist the tourists in returning to the place of departure or a reasonable location designated by the tourists. If the termination is caused by the travel agency or its performing assistants, the return trip expenses shall be borne by the travel agency.
Article 69 Travel agencies shall perform their obligations in accordance with the terms of the package travel contract and must not alter the travel itinerary without authorization.
With the consent of the tourists, if a travel agency entrusts the reception business stipulated in the package tour contract to another qualified local travel agency, it shall conclude a written entrustment contract with the local travel agency, specifying the rights and obligations of both parties, provide the local travel agency with a copy of the package tour contract signed with the tourists, and pay the local travel agency fees not lower than the costs of reception and services. The local travel agency shall provide services in accordance with the package tour contract and the entrustment contract.
Article 70 If a travel agency fails to perform its obligations under the package tour contract or performs such obligations inconsistently with the agreed terms, it shall bear liability for breach of contract in accordance with the law, including continuing to perform the contract, taking remedial measures, or compensating for losses.; If personal injury or property loss is caused to tourists, the travel agency shall bear liability for compensation in accordance with the law. If the travel agency has the conditions to perform the contract but refuses to do so upon the request of the tourists, resulting in serious consequences such as personal injury or stranding of the tourists, the tourists may also demand the travel agency to pay compensation ranging from one to three times the tour fees.
If the package tour contract cannot be performed or cannot be performed as agreed due to the tourists' own reasons, or if personal injury or property loss is caused to the tourists, the travel agency shall not be held liable.
During the period when tourists arrange activities on their own, if the travel agency fails to fulfill its obligations of safety reminders and assistance, it shall bear corresponding liability for personal injuries or property losses suffered by the tourists.
Article 71 If a breach of contract is caused by the local travel agency or the performance assistant, the organizing travel agency shall bear the liability.After the organizing travel agency assumes liability, it may seek recourse from the local travel agency or the performance assistant.
If a tourist suffers personal injury or property loss due to the actions of the local tour operator or fulfillment assistant, the tourist may demand compensation from either the local tour operator, the fulfillment assistant, or the organizing travel agency.After compensating the tourist, the organizing travel agency may seek reimbursement from the local tour operator or fulfillment assistant. However, if the personal injury or property loss is caused by a public transport operator, the public transport operator shall be legally responsible for compensation, and the travel agency shall assist the tourist in claiming compensation from the public transport operator.
Article 72 If a tourist, during travel activities or while resolving disputes, infringes upon the legitimate rights and interests of the travel agency, fulfillment assistant, tourism staff, or other tourists, they shall bear the compensation liability in accordance with the law.
Article 73 When a travel agency arranges an itinerary based on the specific requirements of tourists and enters into a package tour contract with them, if the tourists request changes to the itinerary, any additional costs incurred shall be borne by the tourists, and any reduced costs shall be refunded to them.
Article 74 If a travel agency accepts a tourist's entrustment to book transportation, accommodation, catering, sightseeing, entertainment and other tourism services on their behalf and charges a handling fee, it shall personally handle the entrusted matters. The travel agency shall be liable for compensation for any losses caused to the tourist due to its fault.
If a travel agency accepts a commission from tourists to provide services such as travel itinerary design or tourism information consultation, it shall ensure that the design is reasonable and feasible, and the information is timely and accurate.
Article 75 Accommodation operators shall provide lodging services to group tourists in accordance with the terms of the tourism service contract. If an accommodation operator fails to provide services as stipulated in the tourism service contract, it shall arrange lodging of a standard not lower than originally agreed for the tourists, with any additional costs incurred borne by the accommodation operator.However, in cases where services cannot be provided due to force majeure or government measures taken for public interest, the accommodation operator shall assist in arranging alternative lodging for the tourists.
Chapter VI Travel Safety
Article 76 The people's governments at or above the county level shall be uniformly responsible for tourism safety. Relevant departments of the people's governments at or above the county level shall perform tourism safety supervision duties in accordance with laws and regulations.
Article 77 The state shall establish a safety risk warning system for tourist destinations. The classification and implementation procedures of safety risk warnings for tourist destinations shall be formulated by the competent tourism department of the State Council in conjunction with relevant departments.
People's governments at or above the county level and their relevant departments shall incorporate tourism safety as a key element in the monitoring and assessment of emergencies.
Article 78 People's governments at or above the county level shall, in accordance with the law, incorporate tourism emergency management into the government emergency management system, formulate emergency response plans, and establish a mechanism for dealing with tourism emergencies.
In the event of an emergency, the local people's government and its relevant departments and agencies shall take measures to carry out rescue operations and assist tourists in returning to their place of departure or other reasonable locations specified by the tourists.
Article 79 Tourism operators shall strictly comply with laws, regulations, and national and industry standards regarding production safety and fire safety management, possess the necessary conditions for production safety, and establish safety protection systems and emergency response plans for tourists.
Tourism operators should conduct regular emergency rescue skills training for employees who directly provide services to tourists, perform safety inspections, monitoring, and assessments of the products and services offered, and take necessary measures to prevent harm from occurring.
Tourism operators organizing or receiving tourists such as the elderly, minors, or persons with disabilities shall implement corresponding safety measures.
Article 80 Tourism operators shall explicitly explain or warn tourists in advance regarding the following matters during tourism activities.:
(1) Proper methods for using relevant facilities and equipment;
(2) Necessary safety precautions and emergency measures;
(3) Operational and service areas, facilities, and equipment not open to tourists;
(4) Groups unsuitable for participating in related activities;
(v) other circumstances that may endanger the personal or property safety of tourists.
Article 81 In the event of an emergency or a tourism safety accident, tourism operators shall immediately take necessary rescue and handling measures, fulfill the reporting obligation in accordance with the law, and make proper arrangements for tourists.
Article 82 Tourists have the right to request timely assistance from tourism operators, local governments, and relevant institutions when their personal or property safety is endangered.
Chinese outbound tourists in distress abroad have the right to request assistance and protection from Chinese institutions stationed locally within the scope of their duties.
Tourists who receive assistance from relevant organizations or institutions shall bear the personal expenses incurred.
Chapter Seven Tourism Supervision and Management
Article 83 The tourism administrative departments and relevant departments of the people's governments at or above the county level shall exercise supervision and administration over the tourism market within their respective duties in accordance with the provisions of this Law and relevant laws and regulations.
The people's governments at or above the county level shall organize tourism administrative departments, relevant competent departments, and law enforcement agencies such as market supervision and administration and transportation to conduct supervision and inspection of relevant tourism business activities.
Article 84 Tourism administrative departments shall perform their supervision and administration duties without charging fees to the supervised entities in violation of laws or administrative regulations.
Tourism authorities and their staff members are prohibited from participating in any form of tourism business activities.
Article 85 The tourism authorities of the people's governments at or above the county level have the power to conduct supervision and inspection over the following matters:
(1) Whether the operation of travel agency business and the provision of guide and tour leader services have obtained operational or professional licenses;
(2) The operational conduct of travel agencies;
(3) The service behavior of tourism practitioners such as guides and tour leaders;
(4) Other matters stipulated by laws and regulations.
When conducting supervision and inspection as stipulated in the preceding paragraph, tourism authorities may review and copy contracts, invoices, account books, and other materials suspected of violating the law.
Article 86 Tourism authorities and relevant departments shall conduct supervision and inspection in accordance with the law, with no fewer than two inspectors who shall present their lawful credentials. If there are fewer than two inspectors or they fail to present lawful credentials, the inspected units and individuals have the right to refuse.
Supervisory personnel shall keep confidential the trade secrets and personal information of the inspected entities that they become aware of during supervision and inspection in accordance with the law.
Article 87 Relevant units and individuals shall cooperate with legally conducted supervision and inspection, truthfully explain the situation, and provide documents and materials, and shall not refuse, obstruct, or conceal.
Article 88 When performing supervisory and inspection duties or handling reports and complaints, the tourism authorities and relevant departments of the people's governments at or above the county level shall promptly handle violations of this Law in accordance with the law.For matters not falling within their respective responsibilities, they shall promptly notify in writing and transfer them to the relevant departments for investigation and punishment.
Article 89 %% Local people's governments at or above the county level shall establish a mechanism for sharing information on the investigation and handling of illegal activities in tourism. For illegal acts that require joint investigation and handling across departments or regions, such cases shall be supervised and urged. Local people's governments at or above the county level shall establish a mechanism for sharing information on the investigation and handling of illegal activities in tourism. For illegal activities that require joint investigation and handling across departments or regions, they shall oversee and urge the process.
Tourism authorities and relevant departments shall promptly disclose the supervision and inspection results to the public in accordance with their respective duties.
Article 90 Legally established tourism industry associations shall, in accordance with laws, administrative regulations, and their charters, formulate industry operation norms and service standards, exercise self-regulatory management over their members' business conduct and service quality, organize professional ethics education and vocational training to enhance the quality of practitioners.
Chapter 8 Handling of Tourism Disputes
Article 91 People's governments at or above the county level shall designate or establish a unified tourism complaint handling institution. Upon receiving complaints, the institution shall promptly handle them or transfer them to relevant departments for processing, and notify the complainant.
Article 92 Disputes between tourists and tourism operators may be resolved through the following channels::
(1) Negotiation between the parties;
(2) Applying for mediation to consumer associations, tourism complaint handling agencies, or relevant mediation organizations;
(3) Submitting to an arbitration institution for arbitration in accordance with the arbitration agreement reached with the tourism operator;
(4) Filing a lawsuit with the People's Court.
Article 93 Consumer associations, tourism complaint handling agencies, and relevant mediation organizations shall, on a voluntary basis of both parties, mediate disputes between tourists and tourism operators in accordance with the law.
Article 94 Where a dispute arises between a tourist and a tourism operator, and the tourists involved are numerous with common claims, they may elect representatives to participate in consultations, mediation, arbitration, or litigation activities.
Chapter Nine Legal Liabilities
Article 95 Those who, in violation of the provisions of this Law, operate travel agency businesses without permission shall be ordered to rectify by the competent tourism department or the market supervision and administration department, with illegal gains confiscated and a fine of not less than 10,000 yuan but not more than 100,000 yuan imposed; where the illegal gains exceed 100,000 yuan, a fine of not less than one time but not more than five times the illegal gains shall also be imposed; the responsible personnel shall be fined not less than 2,000 yuan but not more than 20,000 yuan.
A travel agency that violates the provisions of this Law by operating businesses specified in items 2 and 3 of the first paragraph of Article 29 without permission, leasing or lending its business license for travel agencies, or illegally transferring its business license for travel agencies in other ways shall, in addition to being penalized in accordance with the preceding provisions, be ordered to suspend business for rectification.In cases of serious violation, the business license for travel agencies shall be revoked; the directly responsible person in charge shall be fined not less than 2,000 yuan but not more than 20,000 yuan.
Article 96 Where a travel agency violates the provisions of this Law by committing any of the following acts, the competent tourism authority shall order it to make corrections, confiscate its illegal gains, and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan.If the circumstances are serious, the travel agency shall be ordered to suspend business for rectification or have its business license revoked; the directly responsible persons in charge and other directly responsible personnel shall be fined not less than 2,000 yuan but not more than 20,000 yuan:
(1) Failing to arrange for a tour leader or guide to accompany the outbound or inbound group tour throughout as required;
(2) Assigning individuals without a guide certificate to provide guide services or assigning unqualified individuals to serve as tour leaders;
(3) Failing to pay service fees to temporarily hired guides;
(d) Requiring tour guides to advance payments or collecting fees from them.
Article 97 Where a travel agency violates the provisions of this Law by committing any of the following acts, the competent tourism department or relevant authorities shall order it to make corrections, confiscate its illegal gains, and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan.;if the illegal gains amount to more than 50,000 yuan, a fine of not less than one time but not more than five times the illegal gains shall also be imposed; if the circumstances are serious, the business shall be ordered to suspend operations for rectification or its travel agency business license shall be revoked; the directly responsible supervisors and other directly responsible personnel shall be fined not less than 2,000 yuan but not more than 20,000 yuan:
(1) Engaging in false advertising to mislead tourists;
(2) Procuring products and services from unqualified suppliers;
(3) Failure to obtain travel agency liability insurance as required.
Article 98 Where a travel agency violates the provisions of Article 35 of this Law, the competent tourism authority shall order it to make corrections, confiscate any illegal gains, order it to suspend business for rectification, and impose a fine of not less than 30,000 yuan but not more than 300,000 yuan.If the illegal gains exceed 300,000 yuan, a fine of not less than one time but not more than five times the illegal gains shall be imposed; if the circumstances are serious, the travel agency business license shall be revoked; for the directly responsible persons in charge and other directly responsible personnel, the illegal gains shall be confiscated, and a fine of not less than 2,000 yuan but not more than 20,000 yuan shall be imposed, and the tour guide certificate shall be temporarily suspended or revoked.
Article 99 If a travel agency fails to fulfill the reporting obligation stipulated in Article 55 of this Law, the competent tourism authority shall impose a fine ranging from 5,000 to 50,000 yuan.In serious cases, the agency shall be ordered to suspend operations for rectification or have its travel agency business license revoked. Persons directly in charge and other directly responsible individuals shall be fined between 2,000 and 20,000 yuan, and their tour guide certificates may be temporarily suspended or revoked.
Article 100 If a travel agency violates the provisions of this Law by committing any of the following acts, the competent tourism authority shall order it to make corrections, impose a fine between 30,000 and 300,000 yuan, and order it to suspend operations for rectification.If the circumstances result in serious consequences such as tourists being stranded, the business operation license of the travel agency shall be revoked; the directly responsible supervisors and other directly responsible personnel shall be fined not less than 2,000 yuan but not more than 20,000 yuan, and their tour guide certificates shall be temporarily suspended or revoked.
(1) Unilaterally altering travel itineraries during a trip, severely infringing upon tourists' rights and interests;
(2) Refusing to fulfill contractual obligations;
(c) Entrusting another travel agency to fulfill the package travel contract without obtaining the tourist's written consent.
Article 101 If a travel agency violates the provisions of this Law by arranging for tourists to visit or participate in projects or activities that contravene Chinese laws, regulations, or social morality, the competent tourism authority shall order corrective action, confiscate illegal gains, order a suspension of business for rectification, and impose a fine ranging from 20,000 to 200,000 yuan.In serious cases, the travel agency's business license shall be revoked; for directly responsible supervisors and other directly responsible personnel, a fine ranging from 2,000 to 20,000 yuan shall be imposed, and their tour guide certificates may be temporarily withheld or revoked.
Article 102 In violation of the provisions of this Law, those who engage in tour guide or tour leader activities without obtaining a tour guide certificate or meeting the qualifications for a tour leader shall be ordered to make corrections by the tourism authorities, have their illegal gains confiscated, be fined not less than 1,000 yuan but not more than 10,000 yuan, and be publicly notified.
If a tour guide or tour leader violates the provisions of this Law by privately undertaking business, they shall be ordered to make corrections by the tourism authorities, have their illegal gains confiscated, be fined not less than 1,000 yuan but not more than 10,000 yuan, and have their tour guide certificate temporarily suspended or revoked.
Tour guides or tour leaders who violate the provisions of this law by demanding tips from tourists shall be ordered by the tourism authorities to return the tips and fined between 1,000 and 10,000 yuan.For serious violations, their tour guide certificates may be suspended or revoked.
Article 103 Tour guides or tour leaders whose tour guide certificates have been revoked for violating the provisions of this Law, and relevant management personnel of travel agencies that have been penalized with the revocation of their business licenses, shall not reapply for a tour guide certificate or engage in travel agency business within three years from the date of the penalty.
Article 104 Where a tourism operator violates the provisions of this Law by offering or accepting bribes, the market supervision and administration department shall impose penalties in accordance with the provisions of relevant laws and regulations.In serious cases, the tourism authority shall additionally revoke the business operation license of the travel agency.
Article 105 If a scenic area that fails to meet the opening conditions stipulated by this Law receives tourists, the competent authority of the scenic area shall order it to suspend operations for rectification until it meets the opening conditions, and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan.
If a scenic area fails to announce in accordance with the provisions of this Law or report to the local people's government when the number of tourists is likely to reach the maximum carrying capacity, fails to take timely measures such as diversion and flow control, or exceeds the maximum carrying capacity to receive tourists, the competent authority of the scenic area shall order it to make corrections; if the circumstances are serious, it shall order it to suspend operations for rectification for a period of one to six months.
Article 106 If a scenic area violates the provisions of this Law by arbitrarily raising ticket prices or the prices of additional charged items, or commits other illegal pricing acts, the relevant competent authority shall impose penalties in accordance with the provisions of relevant laws and regulations.
Article 107 Where a tourism operator violates laws, regulations, or national or industry standards concerning work safety management and fire safety management, the relevant competent authority shall impose penalties in accordance with the provisions of the applicable laws and regulations.
Article 108 %% For tourism operators and their employees who violate the provisions of this Law, the competent tourism department and relevant authorities shall record such violations into the credit archive and make them public. %% Article 109 %% Staff members of the competent tourism department and relevant authorities who abuse their power, neglect their duties, or engage in malpractice for personal gain while performing supervision and management duties, but whose actions do not constitute a crime, shall be subject to disciplinary sanctions in accordance with the law. %% Article 110 Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.
Article 109 Where staff members of the tourism authorities and other relevant departments abuse their authority, neglect their duties, or engage in malpractices for personal gain while performing supervision and management duties, and such actions do not constitute a crime, they shall be subject to disciplinary sanctions in accordance with the law.
Article 110 Where a violation of this Law constitutes a crime, criminal liability shall be pursued in accordance with the law.
Chapter Ten Appendix Provisions
Article 111 %% The meanings of the following terms in this Law %% (1) "Tourism operator" refers to operators such as travel agencies, scenic areas, and those providing transportation, accommodation, dining, shopping, entertainment, and other services to tourists. %% (2) "Scenic area" refers to a site or region with clearly defined management boundaries that provides sightseeing services to tourists. The meanings of the following terms in this Law:
(1) A tourism operator refers to entities such as travel agencies, scenic spots, and those providing services like transportation, accommodation, dining, shopping, and entertainment for tourists.
(ii) A scenic area refers to a place or region with clearly defined management boundaries that provides tourism services for visitors.
(3) Package travel contract refers to a contract where the travel agency prearranges the itinerary and provides, or provides through a performing auxiliary, two or more tourism services such as transportation, accommodation, catering, sightseeing, tour guiding, or tour leading, and the tourist pays the total price for the tourism services.
(4) Organizing travel agency refers to the travel agency that enters into a package travel contract with the tourist.
(5) Local travel agency refers to the travel agency that accepts the commission from the organizing travel agency to receive tourists at the destination.
(6) Performing auxiliary refers to a legal person or natural person who has a contractual relationship with the travel agency, assists it in fulfilling the obligations under the package travel contract, and actually provides the relevant services.
Article 112 This Law shall come into force onOctober 1, 2013.
