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China's tourism laws and regulations

Interim Provisions on Tourism Complaints

  Article 1 Complaints must meet the following conditions:

(1) The complainants are tourists, overseas travel agents, domestic tourists who have a direct interest in the case Travel? Operators and employees.

(2) There is a clear respondent, specific complaint request and factual basis.

(3) It falls within the scope of tourism complaints listed in these Provisions.

Article 2 A complainant shall submit a complaint to the tourism complaint administration authority and submit copies of the complaint according to the number of complainants. If it is really difficult to submit a complaint, it can be made orally, which shall be recorded by the tourism complaint administration organ and signed by the person in person.

Article 3 The complaint shall state the following:

(1) Name, gender, nationality, occupation, age, unit (team) name and address of the respondent.

(2) The name of the organization or the location of the name of the respondent.

(3) The facts and reasons for the complaint request and basis.

(4) Evidence. Article 4 The complainant has the right to know about the handling of the complaint; Have the right to request mediation; Have the right to reconcile with the respondent; Have the right to abandon or change the complaint request.

Article 5 The respondent may reconcile with the complainant, apologize to the complainant and compensate for the losses; They can also refute the complaint request, put forward a defense and request protection of their legitimate rights and interests based on the facts.

Article 6 The respondent shall assist the tourism complaint administration organ in investigating and verifying the tourism complaint and providing evidence, and shall not obstruct the investigation work in secret.

Article 7 After receiving a complaint or an oral complaint, the respondent shall investigate and verify it, and negotiate with the complainant to resolve the dispute; If it is unable to reach a settlement by itself, it shall be promptly transferred to the tourism complaint administration organ for examination and handling.

Article 8 After the tourism complaint administration organ has made a decision to accept the complaint, it shall notify the respondent in a timely manner. The respondent shall make a written reply within 30 days after receiving the notice. The written reply shall contain the following items:

(1) Cause of complaint;

(2) Investigation and verification process;

(3) Basic facts and evidence;

(4) Responsibilities and handling suggestions. The tourism complaint administration organ shall review the written reply of the respondent.

Article 9 If the tourism complaint management organ is able to mediate in handling a complaint case, it shall, on the basis of ascertaining the facts and distinguishing responsibilities, mediate to promote mutual understanding and reach an agreement between the complainant and the respondent. To reach an agreement through mediation, both parties must be willing, not forced.