Regulations of Shanghai Municipality on Tourism
(Adopted at the 9th Session of the Standing Committee of the 12th Shanghai Municipal People¡¯s Congress on December 31, 2003; amended according to the Decision on the Amendment of the Regulations of Shanghai Municipality on Tourism made at the 14th Session of the Standing Committee of the 13th Shanghai Municipal People¡¯s Congress on October 22, 2009)
Chapter I General Provisions
Article 1
With a view to promoting this Municipality¡¯s development of tourist industry, rationally exploiting and effectively protecting tourist resources, upholding the order of tourism market and safeguarding the legitimate rights and interests of tourists and tourism operators, these Regulations are formulated in accordance with relevant laws and administrative regulations, and in the light of the actual circumstances of this Municipality.
Article 2
Tourist industry mentioned in these Regulations refers to the integrated industry using the tourist resources and facilities to provide the tourists with such services as tours, accommodation, food and beverage, communication, shopping, recreation, information, etc.
Tourist resources mentioned in these Regulations refer to the natural resources, historical humanistic resources and other social resources, which may be exploited and utilized for the development of tourist industry and may bring benefit to the economy, society, and environment. Tourism operators mentioned in these Regulations refer to the units or individual persons engaged in tourist operation activities including the operators of travel agencies, tour guide service companies, hotels, tourist gathering and dispersing centers and tourist areas (spots), network tourism operators, and tour routes operators.
Article 3
These Regulations apply to the promotion and development of tourism, the drawing up of tourism planning and protection of tourist resources, the operation activities of tourism operators, the tour activities of tourists, and the related supervision and administration within this Municipality¡¯s administrative areas.
Article 4
The development of tourist industry shall be coordinated with the economic and social development, give prominence to the characteristics of metropolitan tours, follow the principle of unified planning and sustainable development, stick to the combination of the exploitation, utilization and protection of tourist resources, and stick to the unification of economic benefit, social benefit and environmental benefit generated from tourism.
Article 5
The municipal and district/county people¡¯s governments shall incorporate the development of tourist industry in the national economic and social development plans. The Municipal People¡¯s Government shall strengthen its leadership over tourism work, set up the coordination mechanisms for tourism work, and promote the coordinated development of the tourist industry and the related industries.
The municipal and district/county people¡¯s governments shall commend and reward units and individual persons that have made outstanding contributions to the promotion of the development of tourist industry.
Article 6
The municipal tourism administrative department and the district/county tourism administrative departments (hereinafter jointly referred to as tourism administrative departments) are responsible for the drawing up of tourism planning, the promotion of tourist industry, the organization and coordination of the exploitation, utilization and protection of tourist resources, and for the guidance, supervision and administration of tourist operation activities in their respective administrative areas.
Relevant administrative departments shall, in accordance with their respective functions and duties, safeguard and promote the development of tourist industry.
Article 7
Tourism operators may, according to law, establish or join relevant trade associations. Relevant trade associations shall draw up trade service norms, enhance trade self-discipline, and may, in accordance with their members¡¯ demand, carry out such activities as providing their members with services, organizing market expansion, participating in tourism promotion, releasing market information, recommending tourism products, and launching trade training and exchanges.
Chapter II Promotion and Development of Tourism
Article 8
The Municipal People¡¯s Government shall, in its annual fiscal budgets, arrange special funds for tourism development. Such funds shall mainly be used for the publicity on the city image, construction of tourist public-welfare facilities, organization of major tourism promotion activity, etc.
The people¡¯s governments at all levels shall give support to the construction funds for the necessary auxiliary facilities in relation to road traffic, safety safeguarding, environmental sanitation, supply of water and electricity, and protection of natural environment and cultural heritage of tourist attractions (sights).
Article 9
Tourism administrative departments shall, jointly with relevant administrative departments, build up a bank for tourist construction projects to be developed, direct the investments in tourist projects with local specialties and cultural connotation, furnish information and help coordination for domestic and overseas investors to participate in the development and construction of tourist industry, and give policy support to tourist construction projects in key tourist areas and projects that will bring about local economic and cultural development.
Domestic and overseas enterprises that carry out tourist operation activities in Shanghai by adopting such forms as share-participation, merger, purchase, or moving of head offices shall enjoy the same treatment as this Municipality¡¯s tourism enterprises. Where there are special provisions provided by laws and regulations therefor, such provisions shall prevail.
Article 10
The tourism administrative departments and the relevant administrative departments shall encourage tourism operators to take advantage of this Municipality¡¯s industrial, agricultural, commercial, sports, scientific and technological, cultural, educational, health and other social resources to develop tourism products, and realize the combination of tourist industry with relevant industries.
In the drawing-up of planning and designing of schemes of this Municipality¡¯s regional development, public works projects, or State large-scale engineering, parallel consideration shall be given to the development of tourism functions and the construction of relevant facilities.
Article 11
Travel agencies of all provinces, autonomous regions, and municipalities directly under the central government may organize their local touring groups to come to Shanghai directly for tourist activities.
Tourism administrative departments and relevant administrative departments shall provide convenience for travel agencies from all provinces, autonomous regions, and municipalities directly under the central government, and the Shanghai-bound tourist groups organized by such travel agencies.
Article 12
The municipal tourism administrative department shall, jointly with relevant administrative departments, draw up plans for publicity on this Municipality¡¯s tourism image, set up tourism publicity outlets at home and abroad, and through various channels and forms like mass media, domestic and international cooperation and exchanges, etc., strengthen the publicity of this Municipality¡¯s city image, main tourist attractions (sights), important festivals, sport events, conferences and exhibitions, and such other activities.
This Municipality encourages units and individual persons to exploit tourism products by combining local specialties and cultural features. The tourism administrative department shall, according to the specialties of the local tourist resources and advantages of tourism products, determine the overall tourism image and the main themes of the publicity and recommendation, support the exploitation of tourism products, and promote the opening up of the tourism market.
Article 13
Where a paid transfer of operation rights of state-owned tourist resources is made with approval, the principle of openness, fairness, impartialness and good faith shall be followed, and the transfer shall be conducted in the form of auction or bidding.
Article 14
When this Municipality¡¯s public passenger transportation planning is made, opinions shall be solicited from tourism administrative departments; when public passenger transportation lines are arranged and stations and stops set up, demands of tourism development shall be also taken into account.
The planning of this Municipality¡¯s intracity tour routes shall be incorporated in the planning of urban traffic lines and networks.
The disposition of this Municipality¡¯s tour routes and their facilities shall be in coordination with the public passenger transportation lines and facilities.
Article 15
The municipal tourism administrative department shall, jointly with the public security, and construction and communications administrative departments, rationally set up or arrange temporary parking lots for tourist vehicles at public transportation hubs like airports, railway stations, docks, etc., and main tourist attractions (sights).
The municipal tourism administrative department shall, jointly with the public security, and construction and communications administrative departments, according to the State¡¯s and this Municipality¡¯s relevant provisions, set up guiding signs for main tourist attractions (sights) and public transportation hubs on superhighways and urban roads.
Article 16
Tourism administrative departments shall carry out tourism statistics analysis, set up tourism information management systems, realize intercommunication of tourist information among regions and publish relevant tourist information to the public.
The municipal tourism administrative department shall establish public-welfare tourism consultation agencies and websites, and set up self-service interactive tourist information multimedia facilities at public transportation hubs, tourists gathering and dispersing terminals, and main tourism attractions (sights), so as to provide information consultation services for tourists.
Article 17
This Municipality institutes the system for forecast about holiday tours and the system for release of tour warning information.
The municipal tourism administrative department shall, during the period of Spring Festival, International Labor Day, National Day, and one week prior to holidays, release through mass media to the general public daily information about the conditions of reception of tourist facilities including accommodation and traffic in main tourist attractions (sights).
Where natural disasters, epidemic diseases or other circumstances that would harm the personal and property safety of tourists occur in relevant tourist areas, the municipal tourism administrative department shall, based on the notice published by relevant departments, release tour warning information to tourism operators and tourists in a timely manner.
Article 18
The municipal and district/county people¡¯s governments shall establish a joint-action mechanism for tourist safety, and organize relevant administrative departments to prepare emergency response planning, carry out emergency response drills and promptly handle emergent tourist cases.
The tourism administrative department and the relevant administrative departments shall, according to their respective functions and duties, strengthen the supervision and inspection on tourist safety, conduct safety check on such occasions as important festivals, sport events, conferences and exhibitions, and such other activities.
Article 19
Tourism administrative departments and relevant administrative departments shall furnish corresponding guarantee and public service to tourist e-commerce, encourage enterprises to set up tourist e-commerce platforms, develop on-line information search, reservation, payment and other service functions to realize on-line tourist transaction.
Article 20
Encouragement shall be given to the promotion of development of tourist industry by use of such activities as relevant specialized conferences, fair trading, theatrical festivals, sport events, and science and technology exchanges. Relevant organizing bodies, when coordinating and arranging for annual exhibition plans, shall give priority consideration to large-scale exhibition items with a high degree of internationalization and with an obvious promotive effect on tourist industry.
Article 21
This Municipality promotes the opening up of cruise tourism, and encourages tourism operators to exploit products of cruise tourism.
The tourism administrative department shall strengthen the publicity and recommendation of cruise tourism.
The municipal administrative departments of development and reform, transport and port, port services, and tourism shall jointly push ahead with the planning and construction of cruise homeports, perfect relevant functional and accessory facilities of tourism services, and coordinate with the port supervisory department in improving the service and comprehensive management level of cruise customs clearance.
Article 22
This Municipality pushes ahead with the exploitation of rural tourist resources and promotes the development of rural tourism. The municipal tourism and agriculture administrative departments shall, jointly with the relevant administrative departments and the district/county people¡¯s government, formulate the relevant policies to support the development of rural tourism. The district/county tourism and agriculture administrative departments shall strengthen the recommendation of rural tourism, and provide training and guidance on carrying out rural tourism services for rural collective economic organizations and peasants¡¯ specialized cooperatives.
The municipal quality and technical supervision administrative department shall, jointly with the municipal tourism, agriculture, public security, industry and commerce, environmental protection, and food and drug supervision administrative departments, formulate the relevant standards for rural tourism services.
Article 23
The Municipal People¡¯s Government shall coordinate annual festive activity plans, encourage tourism operators to develop festive tour products and to nurture special festive activities with a strong effect and public participation. Every year prior to the holding of Shanghai tourist festival activity, the organizing unit shall release activity information in advance, and coordinate matters in relation to tourist festival activities.
Article 24
In case that important festivals, sport events, and conferences and exhibitions are held in this Municipality, the municipal tourism administrative department may, according to needs, prepare the guarantee planning for tourist accommodation, and allocate various accommodation resources to meet the needs of accommodation.
The municipal tourism administrative department may organize residents in this Municipality to voluntarily use their houses for the accommodation of the tourists participating in the tourist activities listed in the previous clause, and the specific administrative procedures shall be provided by the Municipal People¡¯s Government.
Article 25
Tourism administrative departments and relevant administrative departments shall, through provision of information, assistance in coordination, and other forms, promote the research, production and development of tourist souvenir goods with local specialty of this Municipality.
This Municipality encourages enterprises to provide corresponding complete set of services for commodities bought by tourists.
Article 26
With respect to the examined and approved official activities of state organs, enterprises, institutions, and mass organizations, the arrangements for transportation, accommodation, food and beverage, conference affairs and other matters may be entrusted to travel agencies.
Article 27
The municipal tourism administrative department shall, according to the actual circumstances of tourism development, and jointly with the municipal administrative departments of development and reform, cultural relics, commerce, greenery and city appearance, and culture, radio, film and TV, formulate policies and measures to promote tourism consumption.
Article 28
Tourism administrative departments and relevant administrative departments shall strengthen the building of tourism colleges, schools, and specialties, promote scientific research, teaching and vocational training of tourism, and cultivate personnel specialized in tourism.
Article 29
This Municipality pursues the standardization of tourism services.
In respect of tourism service fields involving physical health, and personal and property safety, where there are no state or trade standards, relevant administrative departments shall draw up local standard and organize their implementation. In respect of products, services and facilities provided by tourism operators, where there are mandatory standards, such standards shall be complied with.
Chapter III Tourism Planning and Resources Protection
Article 30
The Municipal tourism administrative department shall, according to this Municipality¡¯s planning of national economy and social development and the actual needs of the tourism development, and jointly with the relevant departments, organize the preparation of the municipal planning of the tourism development, which shall, upon being approved by the Municipal People¡¯s Government according to the legal procedure, be brought into the corresponding urban and rural planning and be well adapted into the comprehensive land use planning.
Every district/county people¡¯s government shall draw up the tourism development planning of its own district/county in accordance with the municipal tourism development planning.
The preparation of tourism development planning shall be market oriented and rationally guided, to prevent the random exploitation and redundant construction.
Article 31
The preparation of the tourism development planning of this Municipality shall give play to the comprehensive advantages of the tourist resources in the Yangtze River Delta Region, and strengthen the cooperation with the Yangtze River Delta and other domestic regions for the development of interregional tourism
In respect of tourism development of the Huangpu River, Suzhou Creek, and other water system landscape, and with respect to the development of tourist resources between districts or between districts and counties, the overall consideration and coordination shall be conducted.
Article 32
The municipal tourism administrative department shall, on the basis of the municipal tourism development planning, jointly with relevant developments, organize the drawing up of, or direct the district/county tourism administrative departments to organize the drawing up of, special plans for tourist holiday areas, specialty tourist streets, and specialty farmyard-tour villages. The special plans drawn up by the district/county tourism administrative departments shall reflect the regional characteristics and functional features, and shall be submitted to the municipal tourism administrative department for comprehensive balance.
Article 33
In drawing up tourism planning, opinions of the public shall be solicited.
The drawing up of tourism planning may be entrusted to specialized agencies at home and abroad through bidding.
Article 34
The new construction, reconstruction and extension of tourist attractions (sights), hotels and other tourism construction projects shall comply with the municipal or district/county tourism development planning; the scale and style of their buildings shall be in harmony with the surrounding landscapes, and shall not destroy tourism environment and ecological environment.
When examining and approving tourist attractions (sights), hotels, and other tourism construction projects, relevant administrative departments shall solicit opinions from tourism administrative departments and conduct environmental impact assessment according to law.
Article 35
The municipal tourism administrative department shall, jointly with relevant departments, conduct general survey and evaluation of tourist resources within the limits of this Municipality, establish tourist resources files, draw up schemes for protection of tourist resources, and organize the implementation of the schemes.
Article 36
Where nature reserves and other natural resources are used to develop tourism projects, the provisions of relevant laws, rules and regulations shall be complied with, and corresponding protective measures shall be adopted. The construction projects in the areas of places famous for their scenery or historical relics as well as their peripheral preservation zones set by planning shall not spoil landscapes, contaminate environment or hinder sightseeing.
Article 37
Where areas with historical and cultural features and styles and excellent historical architectures as well as other historical humanistic resources are used to develop tourism projects, the provisions of laws, rules and regulations shall be complied with, the unique historical styles and features shall be preserved, and no arbitrary reconstruction, removal or demolition is allowed.
The municipal tourism administrative department shall, jointly with the relevant departments, make signboards introducing in Chinese and foreign language(s) the relevant historical and cultural backgrounds of historical and humanistic tourist attractions (sights).
Article 38
Where industrial, agricultural, commercial, sports, scientific and technological, cultural, educational, health and other social resources are used to develop tourism projects, the coordination and unification of their contents and the landscape, environment and facilities shall be maintained.
Chapter IV Protection of Rights and Interests and Operation Norms
Article 39
The legitimate rights and interests of tourists are protected by law. Tourists are entitled to the following rights:
1. to be informed of true matters about products and services provided by tourism operators;
2. to choose independently the tourism operators and the modes and contents of products and services provided by the tourism operators;
3. to request tourism operators to provide services at prices matching quality, in line with agreements or usual practices;
4. to get respect for personality dignity, national customs and habits, and religious beliefs;
5. to enjoy according to law the right to get compensation for personal and property damage due to receiving services offered by tourism operators; and
6. other rights as may be provided by laws, rules or regulations, or as may be stipulated in the tourism contract.
Article 40
Tourists shall abide by laws, rules, regulations, and social ethics, show respect for national customs and habits, and for religious beliefs, protect tourist resources and ecological environment, care for historic sites, cultural relics, and tourist facilities, comply with provisions concerning safety and sanitation administration, and fulfill the obligations stipulated in the tourism contract.
Article 41
The independent operation right of a tourism operator is protected by law. A tourism operator has the right to refuse any charge, apportionment and inspection in violation of provisions of laws and regulations, and has the right to refuse tourists¡¯ demands in violation of laws, rules, regulations, social ethics, or the contents specified in the tourism contract.
The intellectual property rights of a tourism operator are protected by law. No unit or individual person shall illegally acquire, use or disclose operating or marketing plans, sales channels, name lists of customers or other trade secrets of a tourism operator.
Article 42
A unit or individual person engaged in tourism operation activity shall, in accordance with state provisions, obtain a business license according to law. Where there is a need for permits issued by relevant administrative departments as provided by laws and regulations, corresponding operation permits shall be obtained.
A tourism operator, who operates or organizes floating, hunting, exploration, or other special tour activities with potential danger, shall go through formalities for examination and approval in accordance with relevant provisions prescribed by the State.
Article 43
A tourism operator shall strictly implement the state provisions concerning safety and sanitation administration, perfect corresponding management systems, install requisite facilities and equipment, and intensify maintenance and care.
A tourism operator shall give tourists explanation or explicit warning in respect to circumstances in tour activities that may possibly endanger personal or property safety, and adopt corresponding measures to prevent the occurrence of such dangers.
In case of emergency, tourism operators shall promptly report to the relevant agencies of the locality of emergency and this Municipality¡¯s tourism administrative department.
Article 44
A tourism operator shall make public his or her service items, contents, and charge standard, and explicitly display the prices, and shall be prohibited from selling by force through tickets or package tickets.
The ticket prices in tourist attractions (sights) shall be set and readjusted in accordance with relevant provisions of the State and this Municipality.
Article 45
Tourism operators with business contacts shall not offer or accept each other¡¯s commission in concealed accounts.
They shall agree, through contracts, on the specific amount or proportion of the commission payment, bring the commission into the business income, and pay tax according to law.
Tourism operators shall not pay commission directly to tourist guides or such other tourism employees.
Article 46
If a travel agency organizes a tourist activity, it shall sign a written tourism contract with the tourists. For signing of a tourism contract, the model contract text recommended by the relevant administrative departments may be referred to. Upon the consent of the tourists and the travel agency through consultation, the following items may be included in the contract:
1. the settlement of disrupted travels due to the delay or cancellation of air, railway, ship or such other transportation operation;
2. the settlement of disrupted contract performance due to force majeure; and
3. other items that need to be agreed on.
Where a travel agency has business contacts, due to reception and solicitation of customers, with other travel agencies and enterprises in terms of accommodation, food and beverage, shopping, or tourist attractions (sights), a contract shall be entered into specify rights and obligations of both parties. Where outbound tours are organized, overseas travel agencies shall be selected in accordance with the state provisions.
A travel agency that fails to provide relevant services by the standards specified in a tourism contract shall bear liability for breach of contract and, in the case of losses caused to tourists, shall make compensation in accordance with law. Where a tourism contract fails to be fulfilled or fails to be completely fulfilled due to other tourism operators, and inflicts losses on tourists, the tourists are entitled to claim compensation with the travel agency, and the travel agency, after making compensation, has the right to look into liability for breach of contract on the part of the tourism operators who caused the nonperformance of the tourism contract in part or in whole.
Where tourists purchase commodities in tourist stores designated by a written contract with a travel agency, and the tourist stores make adulteration, pass fake imitations for genuine, sell seconds at the best prices, pass off the unqualified as qualified goods, or sell commodities that cease to be effective or that have deteriorated, the tourists may claim compensation with the travel agency, and the travel agency, after having made the compensation, has the right to hold the sellers of such commodities liable for breach of contract.
This Municipality exercises the travel agency quality deposit system. If a travel agency, in violation of the agreement in the tourism contract, prejudices tourists¡¯ legitimate rights and interests, or loss is caused to tourists¡¯ advance payment of travel expenses due to the dissolution, bankruptcy or other reasons on the part of a travel agency, the tourism administrative department may use the travel agency quality deposit to pay on behalf of the agency for the compensation to the tourists.
Article 47
When signing a tourism contract with tourists, a travel agency shall explain the following items to the tourists:
1. the specific contents of the tourism contract;
2. the laws, norms and customs of the tourist destination that need tourists¡¯ attention;
3. notice items on medical aids in case of emergency; and
4. other items that the travel agency considers necessary to be explained to the tourists.
Article 48
A travel agency shall distribute registration forms of health information to the tourists, guide the latter to fill in them, and remind the tourists to bring them along.
The tourists shall fill in the registration forms of health information truthfully.
Article 49
A travel agency shall cover travel service liability according to law, and when signing a tourism contract, shall remind the tourists of the coverage of personal accident insurance.
This Municipality implements a blanket insurance system for travel service liability, and the relevant trade associations may organize travel agencies to cover the travel service liability in a centralized way.
Tourism operators are encouraged to cover public liability.
Article 50
A travel agency that needs to rent passenger vehicles or ships shall choose a transportation enterprise with corresponding qualifications and vehicles or ships that have been covered by legally compulsory insurance.
In the tourist transportation contract signed between a travel agency and a transportation enterprise, the operation plan shall be defined, and the transportation route and price, the requirements on vehicles or ships, the liability for breach of contract, and such other matters shall be agreed on.
The vehicles or ships that undertake tourist transportation shall be staffed with drivers with corresponding qualifications and be equipped with safety facilities and equipment according to law.
Article 51
This Municipality implements an assessment system for the service quality of travel agencies.
The assessment of the service quality of travel agencies shall be voluntarily applied for by travel agencies, be assessed by the relevant trade associations according to this Municipality¡¯s relevant standards, and the assessment shall be announced to the public.
Article 52
A tour guide shall pass the qualification examination before obtaining a tour-guide qualification certificate. A person who has obtained a tour-guide qualification certificate shall sign a contract or register with a travel agency, tourist attraction (sight) or tour-guide service company before applying for a tour-guide certificate or a tourist attraction (sight) tour-guide certificate.
A travel agency or tourist attraction (sight), when employing a tour guide registered with a tour-guide company, shall enter into a contract in writing with the tour-guide company, stipulating the rights and obligations of both parties.
Article 53
Facilities and equipment of hotels shall satisfy the standards set by the State and this Municipality. A hotel operator shall abide by laws and regulations, provide tourists with standard services, and protect personal and property safety of the tourists.
Hotels exercise the grade assessment and cross-check system. The standard and procedures for assessment and cross-check follow relevant provisions set by the State and this Municipality. A hotel that has obtained the service quality grade shall provide services that correspond to its service quality grade; a hotel that has not obtained the service quality grade shall not use the service quality grade mark and title.
Article 54
The limits of a tourist attraction (sight) shall be demarcated rationally in line with the urban planning.
A tourist attraction (sight) operator shall, in accordance with tourist safety, service quality, and other requirements, determine the tourist reception capability, exercise flow control, and publish it to the general public.
Tourist attractions (sights) shall, according to the needs of reception and the relevant standards provided by the State and this Municipality, set up water supply, power supply, parking lot, public toilet and non-impeding facilities, and such other auxiliary service facilities for tourism, and guiding and descriptive signs in Chinese and foreign language(s).
Article 55
Franchised operation is practiced for tour routes. The Municipal People¡¯s Government designates the examination and approval body of franchised operation and provides for the establishment terms and conditions thereof.
A tour routes operator shall operate in accordance with the authorized tour route directions, times, number of runs and flights, and means of transportation, providing promised relevant services, and shall not arbitrarily alter or reduce the service items and contents.
The gathering and dispersing centers of tourists shall practice uniform establishment and standard management. The gathering and dispersing centers of tourists shall institute the supervision system for operation, conducting routine supervision on conveyances, operation standards and service items for which the tour routes operators undertake commitments, and assisting relevant administrative departments in doing well the safety supervision and control work of tour route conveyances. The gathering and dispersing centers of tourists shall not arbitrarily allow conveyances without approval for operation of tour routes to enter the centers to operate.
Article 56
A network tour operator shall provide tourists with true and reliable tour service information.
A network tour operator who provides tourists with intermediary services such as sightseeing, travel, accommodation, transportation, and food and beverage shall select tourism operators with corresponding operation qualification as service suppliers.
A network tour operator who deals in travel agency business shall obtain a business license.
Article 57
Hotels, tourist attractions (sights) and other tour operation places shall in conspicuous positions use public information graphic symbols in compliance with the state provisions.
Article 58
Tourism operators and their employees shall not do any one of the following acts:
1. organizing or furnishing activities that damage the state interests, national dignity and in contravention of social ethics;
2. dealing in tour business beyond the authorized scope;
3. imitating registered trade marks, brand names or quality accreditation marks of other tourism operators, or arbitrarily using titles of other tourism operators;
4. making false publicity on service scope, contents or standards; and
5. such other acts prohibited by laws, rules, or regulations.
Article 59
Where disputes arise between tourists and tourism operators, the tourists may seek solution through the following channels:
1. conducting consultation with tourism operators;
2. lodging complaints with the consumers association or the tourism trade association;
3. filing complaints with the tourism, industry and commerce and other administrative departments;
4. applying to the arbitration body for arbitration if there is an arbitration clause stipulated in a tourism contract or if an arbitration agreement in writing is reached after the event; and
5. bringing a lawsuit to the people¡¯s court.
Article 60
Tourism administrative departments shall perfect the tour complaints lodging system, set up and publish telephones for complaint lodging, and receive complaints from tourists. A tourism administrative department, after receiving a complaint from a tourist, shall make a handling decision and reply to the complainant within forty-five days if the handling is under its authority; and, in the case of a complaint that is subject to the handling by another department, it shall refer the complaint to the relevant department and notify the complainant within five workdays.
Chapter V Legal Liability
Article 61
Tour operators and their employees who violate any provisions of tourism operation administration for which penalties are provided by laws or regulations shall be liable to such penalties.
Any tourist who violates the provision of Article 40 of these Regulations shall be dealt with as provided by relevant laws or regulations.
Article 62
Any tourism operator who in violation of the provision of Clause 1, Article 44 of these Regulations, sells by force through tickets or package tickets shall be ordered by the tourism administrative department to make correction, and have his or her illegal gains confiscated and be imposed a fine of not less than one time but not more than five times the amount of the illegal gains; or, in case there are no illegal gains, a fine of not less than 2,000 yuan but not more than 10,000 yuan shall be imposed.
Article 63
In case that the travel agencies violate the provision of Clause 1, Article 50 of these Regulations, and fail to rent vehicles or ships as provided, the tourism administrative department shall order them to make rectifications, and cumulatively impose a fine of not less than 10,000 yuan but not more than 50,000 yuan on them.
Article 64
Any person who in violation of the provision of Clause 2, Article 53 of these Regulations, uses arbitrarily a grade mark or title despite having obtained no service quality grade mark, or though having obtained a service quality grade mark, uses a grade mark or title that is not what it should be, shall be ordered by the tourism administrative department to make correction within a prescribed time limit, and have his or her illegal gains confiscated and to imposed a fine of not less than one time but not more than five times the amount of the illegal gains; in case of no correction made within the prescribed time limit, business suspension for rectification may be ordered.
Article 65
Where, in violation of the provision of Clause 3, Article 55 of these Regulations, a gathering and dispersing centre of tourists arbitrarily allows conveyances without approval for operation of tour routes to enter the centre to operate, the tourism administrative department shall order correction to be made, confiscate the illegal gains and impose a fine of not less than one time but not more than five times the amount of the illegal gains.
Article 66
The party concerned, if disagreeing with the specific administrative act made by a tourism administrative department and a relevant administrative department, may apply for administrative reconsideration, or bring an administrative lawsuit according to the Law of the People¡¯s Republic of China on Administrative Reconsideration or the Administrative Litigation Law of the People¡¯s Republic of China.
Where the party concerned does not apply for administrative reconsideration, nor brings an administrative lawsuit, nor performs the specific administrative act within the prescribed time limit, the tourism administrative department and the relevant administrative department that made the specific administrative act may apply to the people¡¯s court for enforcement.
Article 67
Staff members of a tourism administrative department and other relevant administrative department who neglect their duties, abuse their powers or engage in malpractice for personal gains, shall be punished with disciplinary sanctions by the units where they work or the competent administrative department at the higher level; if the wrongful acts constitute a crime, the wrongdoers shall be prosecuted for their criminal liability as provided by law.
Chapter VI Supplementary Provision
Article 68
These Regulations shall be effective as of March 1, 2004.
|
Main>>
LocalLaws