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Order of the President of the People's Republic of China
No. 3
The Tourism Law of the People's Republic of China, adopted at the second meeting of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on April 25, 2013, is hereby promulgated and shall come into force as of October 1, 2013.
Xi Jinping, President of the People's Republic of China
April 25, 2013
Xinhua News Agency, Beijing, April 25
Tourism Law of the People's Republic of China
(Adopted at the Second Meeting of the Standing Committee of the Twelfth National People's Congress on April 25, 2013)
catalog
Chapter I General Provisions
Chapter II Tourists
Chapter III Tourism Planning and Promotion
Chapter IV Tourism Management
Chapter V Tourism Service Contract
Chapter VI Tourism Safety
Chapter VII Supervision and Administration of Tourism
Chapter VIII Settlement of Tourism Disputes
Chapter IX Legal Liability
Chapter X Supplementary Provisions
Chapter I General Provisions
Article 1 In order to protect the legitimate rights and interests of tourists and tourism operators Travel? This Law is formulated to maintain market order, protect and rationally utilize tourism resources, and promote the sustainable and healthy development of tourism.
Article 2 This Law shall apply to tourism activities in the form of sightseeing, vacation, leisure, etc. organized outside the People's Republic of China and within the People's Republic of China, as well as business activities providing relevant services for tourism activities.
Article 3 The State develops tourism, improves tourism public services and protects the rights of tourists in tourism activities according to law.
Article 4 The development of tourism should follow the principle of integrating social, economic and ecological benefits. The State encourages various market entities to make rational use of tourism resources according to law on the premise of effective protection of tourism resources. Tourist sites constructed by using public resources shall reflect the nature of public welfare.
Article 5 The State advocates a healthy, civilized and environmentally friendly way of tourism, supports and encourages various social institutions to carry out tourism public welfare publicity, and awards units and individuals who have made outstanding contributions to the development of tourism.
Article 6 The State shall establish and improve tourism service standards and market rules, and prohibit industrial monopoly and regional monopoly. Tourism operators shall operate in good faith, compete fairly, bear social responsibilities and provide safe, healthy, hygienic and convenient tourism services for tourists.
Article 7 The State Council shall establish and improve a comprehensive tourism coordination mechanism to coordinate the development of tourism comprehensively.
The local people's governments at or above the county level shall strengthen the organization and leadership of tourism work, clarify the relevant departments or institutions, and coordinate the development, supervision and administration of tourism in their respective administrative regions.
Article 8 The tourism industry organizations established according to law shall implement self-discipline management.
Chapter II Tourists
Article 9 Tourists have the right to choose tourism products and services independently, and have the right to refuse the compulsory transactions of tourism operators.
Tourists have the right to know the true situation of the tourism products and services they have purchased.
Tourists have the right to require tourism operators to provide products and services as agreed.
Article 10 Tourists' human dignity, national customs and religious beliefs shall be respected.
Article 11 The disabled, the elderly, minors and other tourists shall enjoy conveniences and preferential treatment in their tourism activities in accordance with laws, regulations and relevant provisions.
Article 12 Tourists have the right to request assistance and protection when their personal and property safety is in danger.
Tourists who are injured in person or property have the right to compensation according to law.
Article 13 Tourists shall, in their tourism activities, abide by public order and social morality, respect local customs, cultural traditions and religious beliefs, love tourism resources, protect the ecological environment and observe norms of civilized tourism behavior.
Article 14 Tourists shall not damage the legitimate rights and interests of local residents, interfere with other people's tourism activities, or damage the legitimate rights and interests of tourism operators and tourism practitioners in their tourism activities or in the settlement of disputes.
Article 15 When purchasing and receiving tourism services, tourists should truthfully inform the tourism operators of their personal health information related to tourism activities and abide by the safety warning regulations in tourism activities.
Tourists shall cooperate with the measures taken by the State to temporarily restrict tourism activities in response to major emergencies and the safety precautions and emergency response measures taken by relevant departments, institutions or tourism operators.
Tourists who violate the safety warning regulations or do not cooperate with the national measures, safety precautions and emergency response measures to temporarily restrict tourism activities in response to major emergencies shall bear corresponding responsibilities according to law.
Article 16 Outbound tourists shall not be allowed to stay abroad illegally, and tourists leaving the country with a group shall not be divided or separated from the group without authorization.
Inbound tourists shall not stay in the country illegally, and tourists who enter the country with a group shall not divide or leave the group without authorization.
Chapter III Tourism Planning and Promotion
Article 17 The State Council and the local people's governments at or above the county level shall incorporate the development of tourism into their national economic and social development plans.
The State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, as well as the people's governments of cities divided into districts and at the county level with rich tourism resources, shall organize the formulation of tourism development plans in accordance with the requirements of national economic and social development plans. When making use of tourism resources that cross administrative regions and are suitable for overall utilization, the people's government at a higher level shall organize the preparation of a unified tourism development plan or the relevant local people's government shall negotiate the preparation of a unified tourism development plan.
Article 18 The tourism development plan shall include the general requirements and development objectives of the tourism development, the requirements and measures for the protection and utilization of tourism resources, as well as the requirements and promotion measures for the development of tourism products, the improvement of tourism service quality, the construction of tourism culture, the promotion of tourism image, the construction of tourism infrastructure and public service facilities, etc.
According to the tourism development plan, the local people's government at or above the county level can draw up a special plan for the development and utilization of key tourism resources, and put forward special requirements for tourism projects, facilities and service functions in specific areas.
Article 19 Tourism development plans should be linked up with general plans for land use, urban and rural plans, environmental protection plans and plans for the protection and utilization of other natural resources, cultural relics and other human resources.
Article 20 People's governments at all levels shall take full account of the spatial layout of relevant tourism projects and facilities and the requirements for construction land when drawing up general plans for land use and urban and rural plans. The planning and construction of infrastructure and public service facilities such as transportation, communication, water supply, power supply and environmental protection should take into account the needs of tourism development.
Article 21 Tourist utilization of natural resources, cultural relics and other human resources must strictly comply with the provisions of relevant laws and regulations, meet the requirements of resources, ecological protection and cultural relics safety, respect and maintain local traditional culture and customs, maintain the regional integrity, cultural representation and regional particularity of resources, and take into account the need for the protection of military facilities. The relevant competent departments shall strengthen the supervision and inspection of resource protection and tourism utilization.
Article 22 People's governments at all levels shall organize an evaluation of the implementation of the tourism development plans formulated by the governments at the corresponding levels and make them known to the public.
Article 23 The State Council and the local people's governments at or above the county level shall formulate and organize the implementation of industrial policies conducive to the sustainable and healthy development of tourism, promote the construction of the tourism and leisure system, take measures to promote regional tourism cooperation, encourage the development of trans regional tourism routes and products, and promote tourism and industry, agriculture, commerce, culture, health, sports The integration of science and education and other fields should support the development of tourism in ethnic minority areas, old revolutionary base areas, remote areas and poor areas.
Article 24 The State Council and the local people's governments at or above the county level shall, according to the actual situation, allocate funds to strengthen the construction of tourism infrastructure, tourism public services and tourism image promotion.
Article 25 The State formulates and implements tourism image promotion strategies. The competent tourism department of the State Council shall make overall arrangements for the overseas promotion of the country's tourism image, establish tourism image promotion agencies and networks, and carry out international tourism cooperation and exchanges.
Local people's governments at or above the county level shall make overall arrangements for the promotion of local tourism image.
Article 26 The competent tourism department under the State Council and the local people's governments at or above the county level shall, according to needs, establish tourism public information and consultation platforms to provide tourists with necessary information and consultation services such as scenic spots, routes, transportation, meteorology, accommodation, safety, medical emergency, etc., free of charge. The relevant departments of the people's governments of cities divided into districts and at the county level shall, according to needs, set up tourism advisory centers at transport hubs, commercial centers and tourist centers, and set up tourism indicators in scenic spots and roads leading to major scenic spots.
The people's governments of cities divided into districts and counties with rich tourism resources may, according to the actual local conditions, establish tourist passenger lines or tourist transfer stations to provide services for tourists traveling in and around the city.
Article 27 The State encourages and supports the development of tourism vocational education and training to improve the quality of tourism practitioners.
Chapter IV Tourism Management
Article 28 The establishment of travel agencies, the solicitation, organization and reception of tourists, and the provision of tourism services to them shall meet the following conditions, obtain the permission of the tourism authorities, and go through industrial and commercial registration according to law:
（1） Having a fixed place of business;
（2） Having necessary business facilities;
（3） Having a registered capital that meets the requirements;
（4） There are necessary management personnel and tour guides;
（5） Other conditions stipulated by laws and administrative regulations.
Article 29 Travel agencies may engage in the following businesses:
（1） Domestic tourism;
(II) Outbound tourism ；
（3） Border tourism;
（4） Inbound tourism;
（5） Other tourism business.
Travel agencies shall obtain the corresponding business license to operate the businesses mentioned in the second and third paragraph of the preceding paragraph, and the specific conditions shall be stipulated by the State Council.
Article 30 Travel agencies shall not lease or lend their business operation licenses, or illegally transfer their business operation licenses in other forms.
Article 31 A travel agency shall, in accordance with the provisions, pay a deposit for the quality of tourism services, which shall be used to compensate for the damage to the rights and interests of tourists and to advance the expenses for emergency assistance when the personal safety of tourists is in danger.
Article 32 In order to solicit and organize tourists, travel agencies must publish information truthfully and accurately, and must not conduct false propaganda to mislead tourists.
Article 33 Travel agencies and their employees shall not organize or receive tourists and shall not arrange them to visit or participate in projects or activities that violate the laws, regulations and social ethics of China.
Article 34 Travel agencies shall order products and services from qualified suppliers when organizing tourism activities.
Article 35 Travel agencies shall not organize tourism activities at unreasonable low prices, lure tourists, and obtain illegal benefits such as rebates by arranging shopping or paying for tourism projects separately.
Travel agencies are not allowed to designate specific shopping places for organizing and receiving tourists, and are not allowed to arrange tourism projects for additional payment. However, the exception is that the travel arrangements of other tourists are not affected by the consensus of both parties or the requirements of tourists.
In case of violation of the provisions of the preceding two paragraphs, tourists have the right to request the travel agency to handle the return of goods for them and advance the payment for the return of goods, or refund the fees for the travel items that have been paid separately, within 30 days after the end of the travel trip.
Article 36 When a travel agency organizes an outbound tour of a group or organizes or receives an inbound tour of a group, it shall arrange a tour leader or guide to accompany it throughout the journey in accordance with regulations.
Article 37 Persons who have passed the qualification examination for tour guides, concluded labor contracts with travel agencies or registered with relevant tourism organizations may apply for a tour guide certificate.
Article 38 Travel agencies shall, in accordance with the law, conclude labor contracts with tour guides they employ, pay labor remuneration and pay social insurance premiums.
If a travel agency temporarily hires a tour guide to provide services for tourists, it shall pay the tour guide in full the fee for the tour guide service as prescribed in the third paragraph of Article 60 of this Law.
If a travel agency arranges a tour guide to provide services for a group tour, it shall not require the tour guide to pay in advance or charge any fees from the tour guide.
Article 39 A person who has obtained a tour guide certificate, has the corresponding educational background, language ability and tourism experience, and has concluded a labor contract with a travel agency may apply for a tour leader certificate.
Article 40 Tour guides and tour leaders who provide services to tourists must be appointed by travel agencies, and may not undertake tour guides and tour leaders' business without authorization.
Article 41 When conducting business activities, tour guides and tour leaders should wear tour guide cards and tour leader cards, observe professional ethics, respect tourists' customs and religious beliefs, inform and explain the norms of civilized tourism behavior to tourists, guide tourists to travel healthily and civilly, and dissuade tourists from violating social ethics.
Guides and tour leaders shall strictly implement the travel itinerary arrangement, and shall not change the travel itinerary or suspend service activities without authorization, nor ask for tips from tourists, nor induce, cheat, force or in disguised form force tourists to shop or participate in tourism projects with additional payment.
Article 42 The opening of scenic spots shall meet the following conditions and listen to the opinions of the tourism authorities:
（1） There are necessary tourism supporting services and auxiliary facilities;
（2） There are necessary safety facilities and systems, which meet safety conditions after safety risk assessment;
（3） There are necessary environmental protection facilities and ecological protection measures;
（4） Other conditions stipulated by laws and administrative regulations.
Article 43 For the tickets of scenic spots constructed by using public resources, as well as other charging items such as sightseeing places and transportation vehicles in scenic spots, the government will set prices or guide prices, and strictly control the price rise. If it plans to charge fees or raise prices, a hearing shall be held to solicit the opinions of tourists, business operators and relevant parties, and demonstrate its necessity and feasibility.
For scenic spots built with public resources, prices shall not be increased in disguised form by adding additional charging items; If the investment cost of the additional charge item has been recovered, the price shall be reduced or the charge shall be cancelled accordingly.
Public welfare urban parks, museums, memorial halls, etc., in addition to key cultural relics protection units and valuable cultural relics collection units, should gradually open free of charge.
Article 44 The scenic spot shall publicize the ticket price, the price of other charging items and the group charging price in a conspicuous position. The increase in ticket prices should be announced six months in advance.
If tickets of different scenic spots or tickets of different tourist sites in the same scenic spot are sold together, the combined price shall not be higher than the sum of the prices of individual tickets, and tourists have the right to choose to purchase individual tickets.
If the core tour items in the scenic spot are suspended from opening to tourists or services are stopped for some reason, they should be publicized and the charges should be reduced accordingly.
Article 45 The tourists received by the scenic spot shall not exceed the maximum carrying capacity approved by the competent department of the scenic spot. The scenic spot shall announce the maximum carrying capacity approved by the competent department of the scenic spot, formulate and implement a tourist flow control plan, and can control the number of tourists received by the scenic spot by ticket reservation and other means.
When the number of tourists may reach the maximum carrying capacity, the scenic spot should announce in advance and report to the local people's government at the same time. The scenic spot and the local people's government should take measures such as persuasion and diversion in a timely manner.
Article 46 Urban and rural residents who use their own houses or other conditions to engage in tourism business in accordance with the law, and their administrative measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.
Article 47 The operation of high-risk tourism projects, such as high-altitude, high-speed, water, diving, exploration, etc., shall be licensed in accordance with the relevant provisions of the State.
Article 48 Those who operate the business of travel agencies through the Internet shall obtain the business license of travel agencies according to law, and indicate the business license information in a prominent position on the homepage of their websites.
The website that publishes tourism business information shall ensure its authenticity and accuracy.
Article 49 Operators who provide transportation, accommodation, catering, entertainment and other services to tourists shall meet the requirements of laws and regulations and perform their obligations in accordance with the contract.
Article 50 Tourist operators shall ensure that the commodities and services they provide meet the requirements for ensuring the safety of person and property.
If a tourist operator has obtained the relevant quality standards, its facilities and services shall not be lower than the corresponding standards; If the quality standard grade is not obtained, the title and identification of the relevant quality grade shall not be used.
Article 51 Tourism operators shall not give or accept bribes when selling or purchasing commodities or services.
Article 52 Tourist operators shall keep confidential the personal information of tourists that they know in their business activities.
Article 53 Operators engaged in road tourism passenger transport shall abide by various systems of road passenger transport safety management, and shall clearly indicate the special signs for road tourism passenger transport in prominent positions of the vehicles, and publicize the information of operators and drivers, supervision telephone of road transport management institutions and other matters in prominent positions of the carriages.
Article 54 Where a scenic spot or accommodation operator hands over part of its business items or sites to others for accommodation, catering, shopping, sightseeing, entertainment, tourism transportation, etc., it shall be jointly and severally liable for the damage caused to tourists by the operation of the actual operator.
Article 55 Tourist operators who organize and receive inbound and outbound tourism and find tourists engaged in illegal activities or in violation of the provisions of Article 16 of this Law shall report to the public security organs, tourism authorities or Chinese agencies stationed abroad in a timely manner.
Article 56 The State shall, according to the degree of risk in tourism activities travel agency , accommodation Tourism transportation And the liability insurance system for operators of high-risk tourism projects as prescribed in Article 47 of this Law.
Chapter V Tourism Service Contract
Article 57 Travel agencies shall conclude contracts with tourists when organizing and arranging tourist activities.
Article 58 A package tour contract shall be in written form and include the following contents:
（1） Basic information of travel agencies and tourists;
（2） Travel schedule;
（3） The minimum number of tourist groups;
（4） Arrangements and standards for transportation, accommodation, catering and other tourism services;
（5） Specific contents and time of sightseeing, entertainment and other projects;
（6） Free time arrangement;
（7） Travel expenses and the time limit and method of payment;
（8） Liability for breach of contract and dispute resolution method;
（9） Other matters stipulated by laws and regulations and agreed by both parties.
When concluding a package travel contract, the travel agency shall explain in detail to the tourists the contents contained in items 2 to 8 of the preceding paragraph.
Article 59 Travel agencies shall provide tourists with travel itineraries before the start of the travel itinerary. The travel itinerary is an integral part of the package travel contract.
Article 60 If a travel agency entrusts other travel agencies to sell package tourism products and concludes package tourism contracts with tourists, it shall specify the basic information of the entrusting agency and the agency in the package tourism contracts.
If a travel agency entrusts the reception business in a package travel contract to a local agency to perform in accordance with the provisions of this Law, it shall specify the basic information of the local agency in the package travel contract.
If a tour guide is arranged to provide services for tourists, the tour guide service fee shall be specified in the package tour contract.
Article 61 Travel agencies shall remind tourists who participate in group tours to apply for personal accident insurance in accordance with regulations.
Article 62 When concluding a package travel contract, the travel agency shall inform the tourists of the following matters:
（1） The tourists are not suitable to participate in tourism activities;
（2） Safety precautions in tourism activities;
（3） Information that travel agencies can reduce or exempt their responsibilities according to law;
（4） Tourists should pay attention to the relevant laws, regulations, customs and religious taboos of the tourist destination, and activities that are not suitable for participation according to Chinese laws;
（5） Other matters that shall be notified as required by laws and regulations.
In the performance of a package tour contract, the travel agency shall also notify the tourists of any of the matters specified in the preceding paragraph.
Article 63 When a travel agency solicits tourists to travel in a group and is unable to go out because the number of tourists does not reach the agreed number, the travel agency may terminate the contract. However, domestic tourists shall be notified at least seven days in advance, and outbound tourists shall be notified at least thirty days in advance.
If the group travel agency is unable to go out because the agreed number of people is not reached, it may entrust other travel agencies to perform the contract with the written consent of the tourists. The travel agency shall be responsible for the tourists, and the entrusted travel agency shall be responsible for the travel agency. If the tourist disagrees, the contract may be terminated.
If the contract is terminated due to the failure to reach the agreed number of group members, the travel agency shall refund all fees collected to the tourists.
Article 64 Before the start of a tourist trip, a tourist may transfer his or her rights and obligations under a package tour contract to a third person. If a travel agency does not have a valid reason to refuse, it shall not refuse, and the increased expenses incurred shall be borne by the tourist and the third person.
Article 65 If the tourist terminates the contract before the end of the tour, the travel agency shall return the balance to the tourist after deducting the necessary fees.
Article 66 In any of the following circumstances, a tourist agency may terminate the contract:
（1） Suffering from infectious diseases and other diseases that may endanger the health and safety of other tourists;
（2） Those who carry articles endangering public security and do not agree to hand them over to the relevant departments for disposal;
（3） Engaging in activities that violate the law or social morality;
（4） Engaging in activities that seriously affect the rights and interests of other tourists, and refusing to listen to dissuasion and unable to stop them;
（5） Other circumstances prescribed by law.
If the contract is terminated due to the circumstances specified in the preceding paragraph, the travel agency shall return the balance to the tourist after deducting the necessary fees; If losses are caused to travel agencies, tourists shall be liable for compensation according to law.
Article 67 If the travel itinerary is affected by force majeure or events that cannot be avoided even though the travel agency or the auxiliary person has exercised reasonable care, the following circumstances shall apply:
（1） If the contract cannot continue to be performed, both the travel agency and the tourist may terminate the contract. If the contract cannot be fully performed, the travel agency may change the contract within a reasonable range after explaining to the tourists; If the tourist disagrees with the change, the contract may be terminated.
（2） If the contract is terminated, the travel agency shall return the balance to the tourist after deducting the non refundable fees paid to the local travel agency or the performance assistant; If the contract is changed, the increased costs shall be borne by the tourists, and the reduced costs shall be returned to the tourists.
（3） If the safety of a tourist's person or property is endangered, the travel agency shall take corresponding safety measures, and the expenses incurred therefrom shall be shared by the travel agency and the tourist.
（4） If it causes tourists to stay, the travel agency shall take corresponding resettlement measures. Therefore, the increased accommodation costs should be borne by the tourists; The increased return expenses shall be shared by travel agencies and tourists.
Article 68 If a contract is terminated during a tourist trip, the travel agency shall assist the tourist to return to the place of departure or a reasonable place designated by the tourist. If the contract is terminated due to the travel agency or the performance assistant, the return expenses shall be borne by the travel agency.
Article 69 Travel agencies shall perform their obligations in accordance with the provisions of the package travel contract and shall not change the travel itinerary without authorization.
With the consent of tourists, if the travel agency entrusts the reception business in the package travel contract to other local agencies with corresponding qualifications to perform, it shall conclude a written entrustment contract with the local agencies, stipulate the rights and obligations of both parties, provide the local agencies with copies of the package travel contract concluded with tourists, and pay the local agencies no less than the reception and service costs. Local agencies shall provide services in accordance with the package travel contract and the entrustment contract.
Article 70 If a travel agency fails to perform its obligations under a package tour contract or fails to perform its obligations in accordance with the agreement, it shall bear the liability for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses, according to law; If it causes personal damage or property loss to tourists, it shall be liable for compensation according to law. If the travel agency meets the conditions for performance, but still refuses to perform the contract upon the request of the tourist, resulting in serious consequences such as personal injury and detention of the tourist, the tourist may also require the travel agency to pay compensation of not less than one time but not more than three times the travel expenses.
If the package travel contract cannot be performed or cannot be performed according to the agreement due to the tourists' own reasons, or the tourists' personal damage or property loss is caused, the travel agency shall not be liable.
If a travel agency fails to fulfill its obligations of safety tips and assistance during the period when a tourist arranges activities by itself, it shall bear corresponding responsibilities for the personal injury and property loss of the tourist.
Article 71 In case of breach of contract due to the reasons of the local agency or the performance assistant, the group agency shall bear the responsibility; After assuming the responsibility, the travel agency can claim compensation from the local travel agency and the performance assistant.
If personal injury or property loss is caused to tourists due to local travel agencies or performance assistants, tourists can demand local travel agencies or performance assistants to bear the liability for compensation, or they can demand travel agencies to bear the liability for compensation; After assuming the responsibility, the travel agency can claim compensation from the local travel agency and the performance assistant. However, if tourists' personal damage or property loss is caused by public transport operators, the public transport operators shall be liable for compensation according to law, and travel agencies shall assist tourists to claim compensation from public transport operators.
Article 72 Tourists who damage the legitimate rights and interests of travel agencies, performance assistants, tourism practitioners or other tourists in tourism activities or in settling disputes shall be liable for compensation according to law.
Article 73 If a travel agency arranges a travel itinerary according to the specific requirements of a tourist and concludes a package travel contract with a tourist, the tourist requests to change the travel itinerary, and the increased expenses shall be borne by the tourist, and the reduced expenses shall be returned to the tourist.
Article 74 If a travel agency accepts the entrustment of a tourist to book travel services such as transportation, accommodation, catering, sightseeing and entertainment for him or her, and collects fees for the handling of such services, it shall handle the entrusted affairs in person. If a tourist suffers losses due to the fault of a travel agency, the travel agency shall be liable for compensation.
If a travel agency accepts the entrustment of tourists to provide them with services such as travel itinerary design and travel 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 accommodation services for group tourists in accordance with the provisions of tourism service contracts. If the accommodation operator fails to provide services according to the tourism service contract, it shall provide accommodation services not lower than the original standard for tourists, and the increased costs shall be borne by the accommodation operator; However, if the service cannot be provided due to force majeure or the need for the government to take measures due to public interests, accommodation operators shall assist in arranging accommodation for tourists.
Chapter VI Tourism Safety
Article 76 The people's governments at or above the county level shall be uniformly responsible for tourism safety. The relevant departments of the people's governments at or above the county level shall perform their duties of tourism safety supervision in accordance with laws and regulations.
Article 77 The State establishes a safety risk warning system for tourist destinations. The classification and implementation procedures of safety risk warnings at tourist destinations shall be formulated by the tourism administration under the State Council in conjunction with relevant departments.
People's governments at or above the county level and their relevant departments shall take tourism safety as an important part of monitoring and evaluation of emergencies.
Article 78 People's governments at or above the county level shall incorporate tourism emergency management into the government emergency management system, formulate emergency plans, and establish a response mechanism for tourism emergencies.
After an emergency occurs, the local people's government and its relevant departments and institutions shall take measures to carry out rescue and assist tourists to return to the place of departure or a reasonable place designated by tourists.
Article 79 Tourism operators shall strictly implement the laws, regulations, national standards and industrial standards on the management of production safety and fire safety, meet the corresponding conditions for production safety, and formulate a safety protection system and emergency plans for tourists.
Tourism operators shall carry out regular emergency rescue skills training for employees who directly provide services to tourists, conduct safety inspection, monitoring and evaluation of the products and services provided, and take necessary measures to prevent hazards.
Tourism operators shall take corresponding security measures when organizing and receiving tourists such as the elderly, minors and disabled people.
Article 80 Tourist operators shall make explicit explanations or warnings to tourists in advance on the following matters in tourism activities:
（1） Methods of correctly using relevant facilities and equipment;
（2） Necessary safety precautions and emergency measures;
（3） Business and service sites, facilities and equipment not open to tourists;
（4） Groups not suitable to participate in relevant activities;
（5） Other situations that may endanger the safety of tourists' personal and property.
Article 81 After the occurrence of an emergency or a tourism safety accident, tourism operators shall immediately take necessary rescue and disposal measures, fulfill their reporting obligations according to 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 and property safety is in danger.
When Chinese outbound tourists are in trouble abroad, they have the right to request our local offices to provide assistance and protection within their duties.
After receiving assistance from relevant organizations or institutions, tourists shall pay the expenses that should be borne by themselves.
Chapter VII Supervision and Administration of Tourism
Article 83 The competent tourism departments and relevant departments of the people's governments at or above the county level shall, in accordance with the provisions of this Law and relevant laws and regulations, exercise supervision and administration over the tourism market within the scope of their respective duties.
The people's governments at or above the county level shall organize the competent tourism departments, relevant competent departments, industry and commerce administration, product quality supervision, transportation and other law enforcement departments to supervise and inspect relevant tourism operations.
Article 84 When performing their duties of supervision and administration, the tourism authorities shall not collect fees from the objects of supervision and administration in violation of the provisions of laws and administrative regulations.
Tourism authorities and their staff shall not participate in any form of tourism business activities.
Article 85 The competent tourism departments of the people's governments at or above the county level have the right to supervise and inspect the following matters:
（1） Whether the travel agency business and tour guide and tour leader services have obtained business and practice licenses;
（2） The operation of travel agencies;
（3） The service behavior of tour guides and tour leaders;
（4） Other matters stipulated by laws and regulations.
The competent tourism department shall, in accordance with the provisions of the preceding paragraph, conduct supervision and inspection, and may consult and copy contracts, bills, account books and other materials suspected of breaking the law.
Article 86 The competent tourism department and the relevant departments shall supervise and inspect according to law. The number of supervisors and inspectors shall not be less than two, and they shall show their legal certificates. If the number of supervisors and inspectors is less than two or they do not produce their legal certificates, the units and individuals under inspection have the right to refuse.
The supervision and inspection personnel shall keep confidential the business secrets and personal information of the inspected unit that they know in the course of supervision and inspection according to law.
Article 87 With regard to the supervision and inspection carried out according to law, the relevant units and individuals shall cooperate, truthfully explain the situation and provide documents and materials, and shall not refuse, obstruct or conceal them.
Article 88 If the tourism authorities and relevant departments of the people's governments at or above the county level find violations of the provisions of this Law in the course of performing their duties of supervision and inspection or in handling reports and complaints, they shall deal with them in a timely manner according to law; For matters that do not fall within the scope of responsibilities of the department, a written notice shall be given in a timely manner and the matter shall be handed over to the relevant department for investigation.
Article 89 The local people's governments at or above the county level shall establish a sharing mechanism for information on the investigation and punishment of illegal tourism acts and supervise the handling of illegal acts that need joint investigation and punishment across departments and regions.
The competent tourism department and the relevant departments shall, in accordance with their respective functions and responsibilities, timely publicize the supervision and inspection to the public.
Article 90 In accordance with the provisions of laws, administrative regulations and articles of association, legally established tourism industry organizations shall formulate industry business norms and service standards, conduct self-discipline management of their members' business behaviors and service quality, organize professional ethics education and professional training, and improve the quality of employees.
Chapter VIII Settlement of Tourism Disputes
Article 91 The people's government at or above the county level shall designate or establish a unified tourism complaint handling agency. When receiving a complaint, the receiving institution shall handle it in a timely manner or hand it over to the relevant department for handling, and inform the complainant.
Article 92 Disputes between tourists and tourism operators may be settled through the following channels:
（1） Both parties negotiate;
（2） Apply for mediation to consumer associations, tourism complaint acceptance agencies or relevant mediation organizations;
（3） Submit to arbitration institutions for arbitration according to the arbitration agreement reached with tourism operators;
（4） Bring a lawsuit to the people's court.
Article 93 Consumer associations, tourism complaint receiving institutions and relevant mediation organizations shall, on a voluntary basis, mediate disputes between tourists and tourism operators according to law.
Article 94 Where a dispute arises between a tourist and a tourist operator, and there are a large number of tourists on the tourist side who have a common request, representatives may be elected to participate in consultation, mediation, arbitration and litigation activities.
Chapter IX Legal Liability
Article 95 Whoever, in violation of the provisions of this Law, engages in the business of travel agencies without permission shall be ordered by the competent tourism department or the administrative department for industry and commerce to make corrections, his illegal gains shall be confiscated, and he shall also be fined not less than 10000 yuan but not more than 100000 yuan; If the illegal gains are more than 100000 yuan, a fine of not less than one time but not more than five times the illegal gains shall also be imposed; The relevant responsible persons shall be fined not less than 2000 yuan but not more than 20000 yuan.
If a travel agency, in violation of the provisions of this Law, engages in the business as prescribed in sub paragraphs (2) and (3) of the first paragraph of Article 29 of this Law without permission, or leases or lends its business license, or illegally transfers its business license by other means, it shall, in addition to being punished in accordance with the provisions of the preceding paragraph, be ordered to suspend business for rectification; If the circumstances are serious, the business license of the travel agency shall be revoked; The person in charge directly responsible shall be fined not less than 2000 yuan but not more than 20000 yuan.
Article 96 If a travel agency, in violation of the provisions of this Law, commits one of the following acts, the tourism department shall order it to make corrections, confiscate its illegal income and impose a fine of not less than 5000 yuan but not more than 50000 yuan; If the circumstances are serious, the travel agency shall be ordered to suspend business for rectification or its business license shall be revoked; The person in charge directly responsible and other persons directly responsible shall be fined not less than 2000 yuan but not more than 20000 yuan:
（1） Failing to arrange a tour leader or tour guide to accompany the outbound or inbound team in accordance with the regulations;
（2） Arranging persons who have not obtained a tour guide certificate or a team leader certificate to provide tour guide or team leader services;
（3） Failing to pay the tour guide service fee to the temporarily employed tour guide;
（4） Requiring the tour guide to pay in advance or collect fees from the tour guide.
Article 97 If a travel agency, in violation of the provisions of this Law, commits one of the following acts, the tourism department or the relevant department shall order it to make corrections, confiscate its illegal income and impose a fine of not less than 5000 yuan but not more than 50000 yuan; If the illegal gains are more than 50000 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 travel agency shall be ordered to suspend business for rectification or its business license shall be revoked; The person in charge directly responsible and other persons directly responsible shall be fined not less than 2000 yuan but not more than 20000 yuan:
（1） Conducting false propaganda to mislead tourists;
（2） Ordering products and services from unqualified suppliers;
（3） Failing to purchase travel agency liability insurance as required.
Article 98 If a travel agency violates the provisions of Article 35 of this Law, the tourism authorities shall order it to make corrections, confiscate its illegal income, order it to suspend business for rectification, and impose a fine of not less than 30000 yuan but not more than 300000 yuan; If the illegal gains are more than 300000 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 license of the travel agency shall be revoked; The persons directly in charge and other persons directly responsible shall be confiscated of their illegal gains, fined not less than 2000 yuan but not more than 20000 yuan, and their tour guide cards and tour leader cards shall be temporarily withheld or revoked.
Article 99 If a travel agency fails to perform its reporting obligation as prescribed in Article 55 of this Law, the tourism department shall impose a fine of not less than 5000 yuan but not more than 50000 yuan; If the circumstances are serious, the travel agency shall be ordered to suspend business for rectification or its business license shall be revoked; The persons directly in charge and other persons directly responsible shall be fined not less than 2000 yuan but not more than 20000 yuan, and their tour guide cards and tour leader cards shall be temporarily withheld or revoked.
Article 100 If a travel agency, in violation of the provisions of this Law, commits one of the following acts, the competent tourism department shall order it to make corrections, impose a fine of not less than 30000 yuan but not more than 300000 yuan, and order it to suspend business for rectification; If it causes serious consequences such as tourists' detention, the business license of the travel agency shall be revoked; The persons directly in charge and other persons directly responsible shall be fined not less than 2000 yuan but not more than 20000 yuan, and their tour guide cards and tour leader cards shall be temporarily withheld or revoked:
（1） Changing the travel schedule without authorization during the travel schedule, which seriously damages the rights and interests of tourists;
（2） Refusing to perform the contract;
（3） Entrusting other travel agencies to perform the package travel contract without the written consent of the tourists.
Article 101 If a travel agency, in violation of the provisions of this Law, arranges tourists to visit or participate in projects or activities that violate the laws, regulations and social ethics of our country, the competent tourism department shall order it to make corrections, confiscate its illegal income, order it to suspend business for rectification, and impose a fine of not less than 20000 yuan but not more than 200000 yuan; If the circumstances are serious, the business license of the travel agency shall be revoked; The persons directly in charge and other persons directly responsible shall be fined not less than 2000 yuan but not more than 20000 yuan, and their tour guide cards and tour leader cards shall be temporarily withheld or revoked.
Article 102 Those who, in violation of the provisions of this Law, engage in activities of tour guides or tour leaders without obtaining a tour guide certificate or a tour leader certificate shall be ordered by the tourism authorities to make corrections, confiscated of their illegal income, fined not less than 1000 yuan but not more than 10000 yuan, and made public.
If a tour guide or tour leader, in violation of the provisions of this Law, engages in business without authorization, the competent tourism department shall order him to make corrections, confiscate his illegal income, impose a fine of not less than 1000 yuan but not more than 10000 yuan, and temporarily withhold or revoke his tour guide or tour leader's license.
If a tour guide or tour leader, in violation of the provisions of this Law, asks for tips from tourists, the competent tourism department shall order them to return the tips and impose a fine of not less than 1000 yuan but not more than 10000 yuan; If the circumstances are serious, the tour guide license and the team leader license shall be temporarily withheld or revoked.
Article 103 A tour guide or a tour leader whose tour guide license or tour leader's license has been revoked in violation of the provisions of this Law, or a relevant administrator of a travel agency who has been punished by the revocation of his travel agency business license, may not reapply for a tour guide license or tour leader's license or engage in the business of a travel agency if less than three years have elapsed since the date of punishment.
Article 104 Where a tourist operator, in violation of the provisions of this Law, gives or accepts bribes, the administrative department for industry and commerce shall punish him in accordance with the provisions of relevant laws and regulations; If the circumstances are serious, the travel agency business license shall be revoked by the competent tourism department.
Article 105 Where a scenic spot does not meet the conditions for opening as prescribed in this Law and receives tourists, the competent department of the scenic spot shall order it to suspend business for rectification until it meets the conditions for opening, and shall also impose a fine of not less than 20000 yuan but not more than 200000 yuan.
When the number of tourists in a scenic spot may reach the maximum carrying capacity, if the scenic spot fails to make a public announcement or report to the local people's government in accordance with the provisions of this Law, fails to take timely measures such as persuasion and diversion, or receives tourists in excess of the maximum carrying capacity, the competent department of the scenic spot shall order it to make corrections. If the circumstances are serious, it shall order it to suspend business for rectification for one to six months.
Article 106 Where a scenic spot, in violation of the provisions of this Law, raises the price of tickets or other items charged without authorization, or commits other illegal pricing acts, the relevant competent department shall punish it in accordance with the provisions of relevant laws and regulations.
Article 107 Where a tourist operator violates the laws, regulations or national or industrial standards on the administration of production safety and fire control safety, the relevant competent department shall punish him in accordance with the provisions of the relevant laws and regulations.
Article 108 For tourism operators and their employees who violate the provisions of this Law, the tourism authorities and relevant departments shall record them in their credit files and make them known to the public.
Article 109 If the staff of the competent tourism department and other relevant departments abuse their power, neglect their duties, engage in malpractices for personal gains, but do not constitute a crime, they shall be punished according to law.
Article 110 If anyone violates the provisions of this Law and constitutes a crime, he shall be investigated for criminal responsibility according to law.
Chapter X Supplementary Provisions
Article 111 For the purpose of this Law, the meanings of the following terms are as follows:
（1） Tourism operators refer to travel agencies, scenic spots and operators who provide tourists with transportation, accommodation, catering, shopping, entertainment and other services.
（2） Scenic spots refer to places or areas that provide tourists with tour services and have clear management boundaries.
（3） A package travel contract refers to a contract under which a travel agency arranges a trip in advance, provides or performs two or more travel services, including transportation, accommodation, catering, sightseeing, tour guides or tour guides, and the tourists pay the travel expenses at the total price.
（4） The term "travel agency" refers to a travel agency that has concluded a package travel contract with tourists.
（5） Local travel agency refers to a travel agency entrusted by a travel agency to receive tourists at the destination.
（6） A performance assistant refers to a legal person or natural person who has a contractual relationship with a travel agency, assists it in performing its obligations under a package travel contract, and actually provides relevant services.
Article 112 This Law shall come into force as of October 1, 2013.
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