Number third
Through the "People's Republic of China tourism law" by the People's Republic of China Twelfth National People's Congress Standing Committee of the second meeting on April 25, 2013, is hereby promulgated and shall come into force as of October 1, 2013.
People's Republic of China President Xi Jinping
April 25, 2013
Order of the president of the People's Republic of China
Number fifty-seventh
"Standing Committee of National People's Congress on Amending the People's Republic of China foreign trade law" Twelve laws "by the People's Republic of China Twelfth National People's Congress Standing Committee of the twenty-fourth meeting on November 7, 2016, is hereby promulgated and effective as of the date of promulgation.
People's Republic of China President Xi Jinping
November 7, 2016
Twelve, make amendments to the tourism law of the People's Republic of China
(a) thirty-ninth is amended as: "engaged in the business manager, shall obtain the tour card, have the corresponding qualifications, language skills and experience in tourism, and engaged in the business manager has sent its outbound tourism travel agency business license contract."
(two) delete the "leader" Certificate in the first paragraph of article forty-first".
(three) amend the ninety-sixth items of the second items as follows: (two) arrange the tour guides who have not obtained the tour guide, or arrange the tour personnel who do not have the conditions of the tour leader to provide the tour leader service".
(four) delete the "leader" Certificate in the ninety-eighth, ninety-ninth, 100th, 101st and 103rd articles".
(five) modify the "team leader card" in the 102nd paragraph of the first paragraph to "do not have the team leader"". Delete the "leader" Certificate in the second and third paragraphs".
Tourism law of the People's Republic of China
(by April 25, 2013 Twelfth National People's Congress Standing Committee of the second meeting in People's Republic of China in April 25, 2013 promulgated by Decree No. third of the president of the twenty-fourth meeting of the Standing Committee of the Twelfth National People's Congress in November 7, 2016 November 7, 2016 in People's Republic of China by Decree No. fifty-seventh of the president announced the amendment from the date of promulgation of the "Standing Committee of the National People's Congress on Amending the law of foreign trade in People's Republic of China" Twelve laws ")
Chapter I General Provisions
Article 1 this law is formulated for the purpose of ensuring the lawful rights and interests of tourists and tour operators, standardizing the order of the tourist market, protecting and rationally utilizing tourism resources, and promoting the sustained and sound development of the tourism industry.
The second tour, in the territory of People's Republic of China and People's Republic of China in the territory of the organization to overseas vacation, leisure and other forms of tourism activities and provide relevant services for tourism activities and business activities, the applicability of this law.
Third countries develop tourism, improve tourism public services, and protect the rights of tourists in the tourism activities according to law.
Fourth, the development of tourism should follow the principle of unity of social, economic and ecological benefits. The State encourages all types of market participants to make rational use of tourism resources under the premise of effective protection of tourism resources. Public places constructed with public resources should reflect the nature of public welfare.
Fifth, the State advocates a healthy, civilized and environment-friendly way of traveling, supports and encourages all kinds of social institutions to carry out publicity of public interest in tourism, and rewards units and individuals who have made outstanding contributions to the development of the tourism industry.
Sixth countries establish and improve standards of tourism services and market rules, prohibit industry monopoly and regional monopoly. Tourist operators should operate in good faith, play a fair role and bear social responsibility, so as to provide tourists with safe, healthy, hygienic and convenient travel services.
Seventh, the State Council establishes and improves the comprehensive coordination mechanism for tourism and comprehensively coordinates the development of the tourism industry.
The local people's governments at or above the county level shall strengthen the organization and leadership of the tourism work, and make clear the relevant departments or institutions to co-ordinate the development of the tourism industry and the supervision and administration of the administrative areas.
Eighth, the establishment of the tourism industry organizations, the implementation of self-management.
The second chapter tourists
Ninth tourists have the right to choose their own products and services, and have the right to refuse the compulsory transaction of tour operators.
Tourists are entitled to know the real circumstances of their purchased tourist products and services.
Tourists shall have the right to require tour operators to provide products and services in accordance with the agreement.
Tenth tourists' personal dignity, ethnic customs and religious beliefs should be respected.
Eleventh tourists, such as the disabled, the elderly and the minors, enjoy convenience and preferential benefits in accordance with the relevant laws, regulations and relevant regulations in the course of their activities.
Twelfth tourists in the personal, property safety in case of danger, there is the right to request assistance and protection.
If the person or property is infringed, the tourist shall be entitled to compensation in accordance with the law.
Thirteenth tourists shall comply with social public order and social morality in the tourism activities, respect local customs, cultural traditions and religious beliefs, protect tourism resources and protect the ecological environment, tourism to comply with the norms of civilized behavior.
Fourteenth tourists in the tourism activities or in resolving disputes, and shall not damage the legitimate rights and interests of local residents, shall not interfere with other people's tourism activities, tourism operators and tourism may not damage the legitimate rights and interests of employees.
When fifteenth tourists buy or accept travel services, they shall inform the tour operators of personal health information related to the tourist activities, and abide by the safety warning regulations in the tourist activities.
Tourists shall cooperate with the state on measures to temporarily restrict travel activities in major emergencies, as well as security precautions and emergency handling measures taken by relevant departments, institutions or tourist operators.
If the tourist violates the safety warning regulations, or does not cooperate with the state in responding to any major emergency or temporary restriction on tourist activities, security precautions and emergency handling measures, it shall bear the corresponding liabilities according to law.
Sixteenth outbound tourists shall not be held illegally outside the country. Tourists traveling with the group shall not be allowed to leave or leave the regiment without authorization.
Inbound tourists shall not be illegally detained in the territory, and tourists entering the country without permission shall not be allowed to travel in groups or groups without authorization.
The third chapter is about tourism planning and promotion
Article seventeenth 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 of the provinces, autonomous regions, municipalities directly under the Central People's government and the rich tourism resources districts of the city and County People's governments shall, in accordance with the national economic and social development planning, tourism development planning organization. For the utilization of tourist resources across administrative areas and suitable for overall utilization, it shall be organized by the people's governments at higher levels or by consultation by the relevant local people's governments to formulate a unified plan for tourism development.
Eighteenth tourism development planning shall include: overall requirements of the development of the tourism industry and the development and utilization of tourism resources, requirements and measures for the protection and development of tourism products, tourism, service quality improvement, construction, tourism and cultural tourism image promotion, tourism infrastructure and public service facilities construction requirements and promoting measures.
According to the tourism development planning, the local people's governments at or above the county level may exploit the important tourism resources in preparation of special planning, the specific regional tourism projects, supporting facilities and service functions put forward special requirements.
Nineteenth tourism development planning should be integrated with the overall land use planning, urban and rural planning, environmental protection planning and other natural resources and cultural relics and other human resources protection and utilization planning.
Article twentieth the people's governments at all levels shall formulate overall plans for land use and urban and rural planning, and shall fully consider the spatial layout of relevant tourism projects and facilities and the requirements for land for construction. Planning and construction of infrastructure and public service facilities such as transportation, communications, water supply, power supply and environmental protection should take into account the needs of the development of the tourism industry.
Twenty-first of the natural resources and cultural relics and other human resources for tourism purpose, must strictly abide by the relevant laws and regulations, in accordance with the resources, ecological protection and cultural security requirements, respect and maintain the local traditional culture and customs, to maintain the regional integrity, cultural representation and geographical particularity, and taking into account the needs of military facilities protection. The competent departments concerned shall strengthen the supervision and inspection of the protection of resources and the utilization of tourism.
Article twenty-second the people's governments at all levels shall organize the evaluation of the implementation of the tourism development plan compiled by the government at the corresponding level, and publish them to the public.
Article twenty-third the State Council and the local people's governments at or above the county level shall formulate and organize the implementation of a sustainable and healthy development of the tourism industry to promote leisure tourism policy, system construction, to take measures to promote regional tourism cooperation, encourage cross regional tourism routes and product development, promote the integration of tourism and industry, agriculture, commerce, culture, health, sports, science and education other areas, supporting ethnic minority areas, old revolutionary base areas, outlying areas and poverty-stricken areas in the development of the tourism industry.
Article twenty-fourth the State Council and the local people's governments at or above the county level shall, in accordance with the actual situation, arrange funds to strengthen the construction of tourism infrastructure, tourism public services and the promotion of tourism image.
Twenty-fifth countries formulate and implement tourism image promotion strategy. The competent tourism authorities under the State Council shall, as a whole, organize overseas promotion of national tourism image, set up tourist image promotion institutions and networks, and carry out international cooperation and exchanges in tourism.
The local people's governments at or above the county level shall co-ordinate the promotion of the local tourism image.
Article twenty-sixth the competent department of the State Council and the local people's governments at or above the county level of tourism should be based on the need to establish tourism public information and consultation platform, to provide free tourist attractions to tourists, lines, traffic, weather, accommodation, security, medical aid and other necessary information and advisory services. Located in the city district and County People's government departments should according to the needs of the transportation hub and commercial center and tourist centers set up in the scenic spots and tourist information center, leading to the main scenic road set tourism signs.
Tourist cities with rich tourism resources and people's governments at the county level may, on the basis of local conditions, set up tourist passenger dedicated lines or tourist transfer stations to provide services for tourists in cities and surrounding areas.
The twenty-seventh state encourages and supports the development of vocational education and training in tourism so as to improve the quality of its employees.
The fourth chapter, tourism management
Article twenty-eighth the establishment of travel agencies, soliciting, organizing, receiving tourists, providing tourism services, should have the following conditions, and obtain the permission of the competent tourism authorities, according to the law for industrial and commercial registration:
(1) having a fixed place of business;
(two) necessary business facilities;
(three) have the registered capital in conformity with the regulations;
(four) there are necessary managers and guides;
(five) other conditions prescribed by laws and administrative regulations.
Twenty-ninth travel agencies may handle the following businesses:
(1) domestic tourism;
(two) outbound tourism;
(three) border tourism;
(four) inbound tourism;
(five) other tourist business.
Where a travel agency runs the second and third items mentioned in the preceding paragraph, it shall obtain the corresponding business operation permit, and the specific conditions shall be stipulated by the state council.
Thirtieth travel agencies shall not rent or lend business licenses for travel agencies, or otherwise transfer the business license of travel agencies illegally.
Thirty-first travel agencies shall pay the quality guarantee for tourist services in accordance with the regulations, which shall be used for the compensation of the damage to the rights and interests of tourists and the personal safety of tourists, in case of danger, the cost of emergency assistance.
Thirty-second travel agencies should be truthful and accurate in order to solicit and organize tourists to issue information, and may not make false propaganda and mislead tourists.
Thirty-third travel agencies and their employees may not arrange tours or participate in projects or activities that violate the laws, regulations and social morality of our country.
Thirty-fourth travel agencies should organize products and services to qualified suppliers during their travel activities.
Thirty-fifth travel agencies shall not organize tourist activities at unreasonably low prices, entice tourists, and obtain unfair benefits through arranging shopping or other paid travel items.
A travel agency shall not assign specific shopping places or arrange additional travel items for organizing or receiving tourists. However, unless otherwise agreed by the two parties or requested by the tourists, they shall not affect the itinerary of other tourists.
Any violation of the provisions of the preceding two paragraphs of the situation, tourists have the right to thirty days after the end of the tour, travel requirements for return and advance payment for their return, or refund the surcharge tourism project costs.
Thirty-sixth travel agencies organize teams to travel abroad or organize or receive teams to enter the country. They should arrange tours or tour guides in accordance with the regulations.
Thirty-seventh, to participate in the examination of qualified tourist guides, and with the travel agency to sign a labor contract or registered in the relevant tourism industry, you can apply for a tour guide card.
Thirty-eighth travel agencies should work with their guides to enter into labor contracts according to law, pay labor remuneration, pay social insurance costs.
Where a travel agent temporarily hires a tour guide to provide service to tourists, it shall pay to the tour guide all the fees prescribed in the sixtieth and third paragraph of this law.
If a travel agency arranges a tour guide to provide service to a team tour, it may not require the tour guide to advance or charge any fee to the tour guide.
The thirty-ninth is engaged in the business manager, shall obtain the tour card, have the corresponding qualifications, language skills and experience in tourism, and engaged in the business manager has sent its outbound tourism travel agency business license contract.
Fortieth tour guides and tour guides provide service to tourists. They must be appointed by travel agents and may not undertake tours and tour guides without authorization.
Forty-first guide and leader to engage in business activities, shall wear the tour card, abide by the occupation morals, respect for the tourists of the customs and religious beliefs should be informed to the tourists and tourism interpretation norms of civilized behavior, guide the tourists to healthy and civilized tourism, to discourage tourists act in violation of public morality.
The tour guide and leader should strictly enforce the travel arrangements, itineraries may change or discontinue service activities shall obtain tips to tourists, no induction, deception, or coercion to force tourists shopping or attend a surcharge tourism projects.
Forty-second scenic areas should be open to the following conditions, and listen to the views of the competent tourism authorities:
(1) necessary ancillary services and auxiliary facilities for tourism;
(two) there are necessary safety facilities and systems to meet the safety requirements through security risk assessment;
(three) necessary environmental protection facilities and ecological protection measures;
(four) other conditions prescribed by laws and administrative regulations.
Forty-third, the use of public resources in the construction of scenic spots and tickets within the scenic spots, transportation and other fees, the implementation of the government pricing or government guidance prices, strict control of price increases. In order to collect fees or raise prices, a hearing shall be held to solicit the opinions of tourists, operators and related parties, and to demonstrate the necessity and feasibility of the feasibility.
In the construction of scenic spots using public resources, no increase in prices may be made by means of increasing fees or other fees; if the fees are separately collected, the investment cost shall be reduced or the fees shall be cancelled accordingly.
Public welfare city parks, museums and memorial museums should be opened free of charge in addition to key cultural relics protection units and precious cultural relics collection units.
Forty-fourth scenic spots should be in a prominent position publicity ticket prices, the price of additional fees and group fees. Scenic spot ticket prices should be announced six months in advance.
Tickets sold in different scenic spots or tickets in different tourist attractions in the same scenic spot are merged
The fifth chapter is the service contract of Tourism
Fifty-seventh travel agencies shall arrange contracts with tourists in order to organize and arrange travel activities.
The fifty-eighth package tour contract shall be in written form, including the following contents:
(1) basic information of travel agencies and tourists;
(two) travel arrangement;
(three) the minimum number of tour groups;
(four) transportation, accommodation, catering and other tourist services arrangements and standards;
(five) the specific content and time of sightseeing, entertainment and other projects;
(six) free time arrangement;
(seven) travel expenses and the time and method of payment;
(eight) the liability for breach of contract and the way to settle disputes;
(nine) other matters stipulated by laws and regulations and agreed by both parties.
When contracting out a travel contract, the travel agency shall detail the contents of items second to eighth of the preceding paragraph to the tourist.
Fifty-ninth travel agencies should provide travel lists to tourists before the tour begins. The itinerary is a component of the package tour contract.
Sixtieth travel agents entrusted by other travel agencies to sell packages of tourist products and enter into a package tour contract with tourists shall, in the package tour contract, specify the basic information of the entrusted agencies and agencies.
In accordance with the provisions of this law, the travel agent shall entrust the reception business in the package tour contract to the ground receiving agency, and shall specify the basic information of the society in the package tour contract.
If a tourist guide is provided with service, he shall specify the service fee of the tour guide in the package tour contract.
Sixty-first travel agencies should be prompted to participate in team travel tourists in accordance with the provisions of personal accident insurance.
Article sixty-second when contracting out a travel contract, the travel agency shall inform the tourist of the following items:
(1) tourists are not suitable for participation in tourist activities;
(two) safety precautions in tourism activities;
(three) travel agencies may legally relieve the responsibility information;
(four) tourist activities, such as laws and regulations, customs and habits, religious taboos, and activities that are not suitable for the participation of Chinese law;
(five) other matters to be notified as prescribed by laws and regulations.
In the performance of the package tour contract, the travel agency shall notify the tourist as to the matters specified in the preceding paragraph.
Sixty-third travel agencies to attract tourists organized tour, because of not reaching the agreed number not a group, travel agency may terminate the contract. However, domestic tourism shall notify the tourist at least seven days in advance, and outbound tourism shall notify the tourist at least thirty days in advance.
Because of not reaching the agreed number not a group tour, with the written consent of tourists, can be entrusted to other agencies to fulfill the contract. The travel agency is responsible for the tourists, and the entrusted travel agencies are responsible for the travel agencies. If the tourist does not agree, the contract may be discharged.
If the contract has not been reached and the contract has been removed, the travel agency shall refund all the fees that have been collected to the tourists.
Sixty-fourth travel prior to the trip, tourists can package tour contract in the transfer of rights and obligations to the third person, the travel agency may not refuse without justification, so the increase in the cost of tourists and third people bear.
Before the end of the sixty-fifth tour, the tourists shall terminate the contract, and the travel agency shall refund the balance to the tourists after deducting the necessary fees.
Sixty-sixth travel agents under any of the following circumstances, the travel agency may terminate the contract:
(1) suffering from infectious diseases such as infectious diseases, which may endanger the health and safety of other tourists;
(two) carrying articles that endanger public security and do not consent to be handled by the Department concerned;
(three) engaging in activities that are illegal or contrary to social morality;
(four) engage in activities that seriously affect the rights and interests of other tourists, and do not listen to dissuade or dissuade them;
(five) other circumstances as provided for by law.
Where the contract is dissolved due to the circumstances specified in the preceding paragraph, the travel agency shall refund the balance to the tourists after deducting the necessary expenses; if the tourist agency causes any loss, the tourist shall be liable for compensation in accordance with the law.
Article sixty-seventh events due to force majeure or travel agents and the performance of the duty of assistance to the person who have already taken full care of the duty of duty may not be avoided, and the traveling itinerary shall be handled in the following circumstances:
Where the contract can not continue to be carried out, both the travel agency and the tourist may cancel the contract. If the contract can not be fully fulfilled, the travel agent may change the contract within the reasonable scope after having been explained to the tourist; if the tourist does not agree to the change, he may rescind the contract.
(two) the termination of the contract, travel agents should be deducted in the travel agency to pay or assist and can not refund the performance fee, will refund the tourists; contract change, thus increasing the costs borne by the tourists, reduce the cost of the refund tourists.
(three) to endanger the safety of the person and property of the tourist, the travel agency shall adopt corresponding security measures, so the expenses of the travel agency shall be shared by the travel agency and the tourists.
(four) if the tourist is stranded, the travel agency shall take corresponding measures. Therefore, the increase in the cost of accommodation is borne by tourists; the increased return costs are shared by travel agencies and tourists.
In the sixty-eighth travel contract, the travel agency shall assist the tourist to return to the place of departure or the reasonable place designated by the tourist. The travel expenses shall be borne by the travel agency because of the cancellation of the contract due to the reasons for the travel agency or the performance of the auxiliary.
The sixty-ninth travel agency shall comply with the package contract
The sixth chapter is about tourism safety
Seventy-sixth people's governments at or above the county level shall be in charge of the work of tourism safety. The relevant departments of the people's governments at or above the county level shall exercise their functions in accordance with the relevant laws and regulations.
Seventy-seventh countries establish tourism destination security risk prompt system. The classification and implementation procedures of the security risk prompt for tourist destinations shall be formulated by the competent department of Tourism under the State Council in conjunction with the relevant departments.
The people's governments at and above the county level and their relevant departments shall regard tourism safety as an important part of the monitoring and evaluation of emergencies.
Seventy-eighth people's governments at or above the county level shall, in accordance with the law, incorporate the tourism emergency management into the government emergency management system, formulate emergency plans and establish emergency response mechanisms.
After the occurrence of an emergency, the local people's government and the relevant departments and institutions shall take measures to carry out the rescue and assist the tourists to return to their destination or the reasonable place designated by the tourist.
Seventy-ninth tourist operators shall strictly implement the safety management and fire safety management laws and regulations and national standards and industry standards, have the conditions for safe production of the corresponding, formulated tourist safety protection system and emergency plan.
Tourism operators shall carry out regular emergency rescue skills training to provide services directly to the tourist practitioners, safety inspection, monitoring and evaluation to provide products and services, to take the necessary measures to prevent damage.
Tourist operators shall take corresponding safety measures to organize and receive tourists, such as the elderly, minors and disabled persons.
Article eightieth a tour operator shall make an explanation or warning to tourists in advance in the light of the following items in the tourist activities:
(1) the proper use of related facilities and equipment;
(two) necessary safety precautions and emergency measures;
(three) no business, service place, facilities and equipment open to tourists;
(four) groups unsuitable for participation in related activities;
(five) other circumstances that may endanger the safety of the person and property of the tourist.
After the occurrence of eighty-first emergency incidents or a tourist safety accident, the tour operator shall take necessary rescue and disposal measures immediately and fulfill the reporting obligations according to law, and make proper arrangements for the tourists.
Eighty-second tourists in the personal and property security in case of danger, the right to request travel operators, local governments and relevant institutions for timely relief.
When a Chinese outbound traveler is stranded in a foreign country, he or she has the right to request assistance and protection from the local authorities within the scope of their functions.
After receiving the aid of the relevant organization or institution, the tourist shall pay the expenses which shall be borne by the individual.
The seventh chapter is about the supervision and management of Tourism
Eighty-third the competent departments of tourism and the relevant departments of the people's governments at or above the county level shall, in accordance with the provisions of this Law and the relevant laws and regulations, exercise supervision and administration of the tourist market within their respective functions and responsibilities.
The people's governments at or above the county level shall organize competent departments of tourism, relevant competent departments, and administrative departments for Industry and commerce administration, product quality supervision, traffic and other law enforcement departments to exercise supervision and inspection of relevant tourist business operations.
The eighty-fourth competent departments of tourism shall exercise the functions of supervision and administration, and may not charge fees to the objects of supervision and management in violation of the provisions of laws or administrative regulations.
The competent department of tourism and its staff members shall not participate in any form of tourism operation.
Article eighty-fifth the competent department of Tourism under the people's government at or above the county level shall have the right to supervise and inspect the following matters:
(1) whether the business of travel agencies and the conduct of tour guides or tour managers are licensed or licensed;
(two) the business conduct of travel agency;
(three) service behavior of tour guides and tour leaders;
(four) other matters stipulated by laws and regulations.
The competent department of tourism shall, in accordance with the provisions of the preceding paragraph, carry out supervision and inspection, and may consult and copy the contracts, bills, books and other materials that are suspected of being illegal.
Eighty-sixth competent departments of tourism and relevant departments shall carry out supervision and inspection in accordance with the law, and their supervision and inspection personnel shall be no less than two, and shall produce legal certificates. If the supervision and inspection personnel are less than two or fail to produce legal documents, the units and individuals under examination shall have the right to refuse.
The supervision and inspection personnel shall keep confidential the business secrets and personal information of the inspected entities in accordance with the law when they are informed of the inspection and supervision.
Article eighty-seventh the supervision and inspection according to law, the relevant units and individuals should cooperate with, truthfully explain the situation, and provide documents and information, shall not refuse, hinder and conceal.
Eighty-eighth at or above the county level people's government tourism departments and relevant departments in fulfilling their duties of supervision and inspection or in handling, complaint, found the acts in violation of this law, it shall promptly make a deal; on matters not within the scope of their respective duties, shall immediately notify the relevant departments to investigate and transfer.
Eighty-ninth local people's governments at or above the county level shall set up a sharing mechanism for investigating and dealing with illegal activities in tourism, and shall supervise and handle illegal activities requiring cross departmental and trans regional joint investigations.
The competent departments in charge of tourism and the relevant departments shall, in accordance with their respective functions, timely announce the situation of supervision and inspection to the public.
Ninetieth according to the law of tourism industry organization in accordance with the provisions of laws and administrative regulations and the articles of association, the development of industry management norms and service standards, business practices and service quality of the members of the self-regulation organization to carry out occupation moral education and professional training, improve the quality of employees.
The eighth chapter deals with the handling of tourist disputes
Article ninety-first the people's governments at or above the county level shall appoint or set up unified tourist complaint acceptance institutions. The receiving institution shall, after receiving the complaint, handle it promptly or transfer it to the Department concerned and notify the complainant.
Ninety-second disputes between tourists and tour operators may be solved by the following means:
(1) consultation between the two parties;
(two) apply for mediation to the Consumer Association, the tourist complaint acceptance institution or the mediation organization concerned;
(three) in accordance with an arbitration agreement reached with the tour operator, the arbitration organization shall be submitted for arbitration;
(four) bring a suit in a people's court.
Ninety-third consumer associations, tourist complaints acceptance institutions and the relevant mediation organizations, on the basis of both voluntary, in accordance with the law of tourists and travel operators disputes between the mediation.
In case of disputes between the ninety-fourth tourists and the tour operators, if the number of tourists is large and has a common request, a representative may be elected to participate in the negotiations, mediation, arbitration and litigation activities.
The ninth chapter, legal responsibility
Ninety-fifth in violation of this law, without the permission of the travel agency business, a correction by the tourism authorities or administrative departments for Industry and Commerce shall confiscate the illegal income, impose a fine of ten thousand yuan to one hundred thousand yuan fine; the illegal income of more than one hundred thousand yuan, and the illegal income five times the fine; the relevant responsible persons, a fine of two thousand yuan and twenty thousand yuan.
The travel agency in violation of the provisions of this law, the unauthorized operation of the first paragraph of article twenty-ninth second and third items of business, or rent a travel agency business license, or otherwise illegal transfer of travel agency business license, in addition to punishment in accordance with the provisions of the preceding paragraph, and shall be ordered to suspend business for rectification; if the circumstances are serious. Travel agency business license revoked; the directly responsible person in charge, a fine of two thousand yuan and twenty thousand yuan.
Ninety-seventh travel agencies in violation of the provisions of this law, one of the following acts, correction by the tourism administration department or other relevant departments shall confiscate the illegal income, impose a fine of five thousand yuan to fifty thousand yuan fine; the illegal income of more than fifty thousand yuan, and the illegal income five times the fine; if the circumstances are serious, shall be ordered to suspend business for rectification or travel agency business license revoked; the directly responsible personnel in charge and other directly responsible personnel, a fine of two thousand yuan and twenty thousand yuan:
(1) conducting false propaganda and misleading tourists;
(two) ordering products and services from unqualified suppliers;
(three) failing to insure the liability insurance of the travel agency in accordance with the provisions.
Ninety-eighth travel agencies in violation of this law, the provisions of article thirty-fifth, a correction by the tourism authorities shall confiscate the illegal income, shall be ordered to suspend business for rectification, and impose more than thirty thousand yuan to three hundred thousand yuan fine; the illegal income of more than three hundred thousand yuan, and the illegal income five times the fine; if the circumstances are serious, revoke the license management of travel agency business; the directly responsible personnel in charge and other directly responsible personnel, confiscate the illegal income, impose a fine of two thousand yuan and twenty thousand yuan, and to suspend or revoke the tour card.
Ninety-ninth travel agencies did not fulfill the fifty-fifth article of this law the obligation to report, by the Tourism Department of more than five thousand yuan to fifty thousand yuan fine; if the circumstances are serious, shall be ordered to suspend business for rectification or revoke travel agency business license; the directly responsible personnel in charge and other directly responsible personnel, a fine of two thousand yuan to twenty thousand yuan the following, and suspend or revoke the certificate of tour guide.
100th travel agencies in violation of the provisions of this law, one of the following acts, corrected by the tourism administrative departments shall order, at more than thirty thousand yuan to three hundred thousand yuan fine, and ordered to stop; causing serious consequences such as stranded tourists, travel agency business license revoked; the directly responsible personnel in charge and other directly responsible personnel, a fine of two thousand yuan and twenty thousand yuan, and to suspend or revoke the tour card:
(1) unauthorized changes in travel arrangements during the tour will seriously damage the rights and interests of tourists;
(two) refusing to perform the contract;
(three) to entrust other travel agencies to fulfill the package tour contract without obtaining the written consent of the tourist.
100th travel agencies in violation of the provisions of this law, one of the following acts, corrected by the tourism administrative departments shall order, at more than thirty thousand yuan to three hundred thousand yuan fine, and ordered to stop; causing serious consequences such as stranded tourists, travel agency business license revoked; the directly responsible personnel in charge and other directly responsible personnel, a fine of two thousand yuan and twenty thousand yuan, and to suspend or revoke the tour card:
(1) unauthorized changes in travel arrangements during the tour will seriously damage the rights and interests of tourists;
(two) refusing to perform the contract;
(three) to entrust other travel agencies to fulfill the package tour contract without obtaining the written consent of the tourist.
101st travel agencies in violation of the provisions of this law, tourists visit or participate in violation of Chinese laws, regulations and social morality items or activities, by the tourism administrative department shall order correction, the confiscation of illegal income, ordered to suspend business for rectification, and impose a fine of twenty thousand yuan and two hundred thousand yuan; if the circumstances are serious, revoke the license management of travel agency business; the directly responsible personnel in charge and other directly responsible personnel, a fine of two thousand yuan and twenty thousand yuan, and to suspend or revoke the tour card.
102nd in violation of this law, without obtaining the tour card or do not have the conditions for the tour guide and the leader in tourism activities, correction by the competent departments shall confiscate the illegal income, impose a one thousand yuan fine of ten thousand yuan, to be announced.
The tour guide and the violation of the provisions of this law, private contract business, by the tourism administrative department shall order correction, the confiscation of illegal income, at one thousand yuan fine of ten thousand yuan, and to suspend or revoke the tour card.
The tour guide and the violation of the provisions of this law, obtain tips to tourists, returned by the tourism administrative departments shall order, from one thousand yuan to ten thousand yuan fine; if the circumstances are serious, and suspend or revoke the tour card.
Article 103rd violation of the provisions of this law by the tour guide and the tour guide license revoked by the relevant personnel and management license revoked punishment travel agency travel agency business, not more than three years as of the date of punishment, shall not re apply for a tour card or engage in business travel.
The 104th tour operators in violation of this law, giving or accepting bribes, the administrative department for Industry and Commerce in accordance with the relevant laws and regulations shall be punished; if the circumstances are serious, and by the administrative department of tourism and travel agency business license revoked.
Where 105th scenic spots do not meet the opening requirements prescribed by this law, tourists shall be ordered to suspend business for rectification until they meet the conditions for opening and impose fines of not less than twenty thousand yuan but not more than two hundred thousand yuan.
The number of tourists in the scenic area may reach the maximum bearing capacity, not in accordance with the provisions of this law without notice or report to the local people's government, not take counseling, diversion and other measures in a timely manner, or exceed the maximum bearing capacity of tourists, scenic correction by the competent departments shall, if the circumstances are serious, shall be ordered to suspend business for a month to six a month.
106th scenic spots in violation of this law, without raising fees or otherwise ticket prices, or other price violations, by the relevant departments in accordance with the provisions of relevant laws and regulations of punishment.
The 107th tour operators in violation of the relevant safety management and fire safety management laws and regulations or the national standards and industry standards, by the relevant departments in accordance with the provisions of relevant laws and regulations of punishment.
Article 108th of the tourism operators and their employees who violate the provisions of this law, the competent departments of tourism and the relevant departments shall be credited to the credit archives and published to the public.
109th officers in charge of tourism and relevant departments in the performance of supervision and management responsibilities, abuse of power, dereliction of duty, favoritism and irregularities, does not constitute a crime, shall be punished according to law.
Article 110th in violation of the provisions of this law, constitute a crime, shall be investigated for criminal responsibility.
The tenth chapter is the supplementary provisions
111st the meaning of the following expressions in this law:
(1) tourist operators refer to the travel agencies, scenic spots, and operators who provide transportation, accommodation, catering, shopping, entertainment and other services to tourists.
(two) scenic spots refer to the place or area where tourists are provided with sightseeing services and with definite management boundaries.
(three) the package tour contract, refers to the travel agency travel arrangements in advance, provide or provide transportation, accommodation, catering, sightseeing, tour guide or tour through theassistant etc. more than two travel services, tourists pay the travel expenses to total contract.
(four) "travel agency" refers to a travel agency which deals with tourists in package tour contracts.
(five) "land connection agency" refers to a travel agency that accepts tour agencies and receives tourists at destination.
(six) the performance of the auxiliary refers to the legal person or natural person who has contractual relationship with the travel agency, and assists in fulfilling its obligations under the package tour contract and actually provides related services.
Article 112nd this Law shall come into force on October 1, 2013.
