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China's tourism laws and regulations
Trial standard for compensation of travel agency quality deposit

 
Article 1 In order to safeguard the legitimate rights and interests of tourists, this tentative compensation standard is formulated in accordance with the "Regulations on the Administration of Travel Agencies", the "Interim Measures for the Compensation of Travel Agencies' Quality Guarantees" and relevant laws and regulations.

Article 2 If the travel agency fails to meet the service quality standard agreed in the contract due to its fault or negligence, resulting in economic losses to tourists, the travel agency shall be liable for compensation.

Article 3 Travel agencies shall not be liable for compensation for economic losses caused to tourists due to factors that are not feasible or the tourists themselves.

Article 4 After receiving the advance payment from tourists, if the travel agency cannot make the trip due to the travel agency's reasons, it shall notify the tourists three days in advance (seven days in advance for outbound travel), otherwise it shall bear the liability for breach of contract and compensate the tourists for 10% of the advance payment.

Article 5 If a tourist misses his or her flight (vehicle or ship) due to the fault of a travel agency, the travel agency shall compensate the tourist for his or her direct economic losses and pay a penalty of 10% of the economic losses.

Article 6 If the tourist activities and service grades arranged by the travel agency are inconsistent with the agreement and contract, which causes economic losses to the tourists, the difference between the contract amount and the actual expenses of the tourists shall be refunded, and the same amount of liquidated damages shall be paid.

Article 7 If a tour guide fails to provide tour guide services according to the requirements of the state or the tourism industry on the service standards for guests, the travel agency shall compensate twice the tour guide service fees paid by the tourist.

Article 8 If a tour guide violates the contract between a travel agency and a swimmer and damages the legitimate rights and interests of the tourist, the travel agency shall compensate the tourist
1. If the tour guide changes the schedule of activities without authorization, or reduces or changes the visit, the travel agency shall return the scenic spot tickets, tour guide service fees and compensate the same amount of liquidated damages.
2. If the tour guide violates the agreement and adds meals, entertainment, medical care and other items without authorization, the travel agency shall bear all the expenses of the tourists.
3. If the tour guide violates the contract or travel plan and increases the number of shopping without authorization, 20% of the tourists' purchase price will be refunded each time.
4. The tour guide arranges the tourists to shop at the shop not designated by the tourism department without authorization. The goods purchased are fake and shoddy goods, and the travel agency shall compensate the tourists for all losses.
5. If the tour guide sells commodities without permission, the travel agency shall refund the tourists the purchase price in full.
6. If a guide asks for a tip, the travel agency should compensate twice the tip.

Article 9 If a tour guide leaves the tourist team without authorization during the travel trip, which causes no one to be responsible for the tourists, the travel agency shall bear the direct expenses such as board and lodging expenses incurred by the tourists during their stay, and compensate 30% of all travel expenses as liquidated damages.

Article 10 If the quality and price of the restaurant arranged by the travel agency are inconsistent due to the restaurant, the travel agency shall compensate 20% of the meal fee paid by the tourists.

Article 11 If the hotel arranged by the travel agency is lower than the grade agreed in the contract, the travel agency shall refund the difference between the room fee paid by the tourist and the actual room fee, and compensate the penalty of 20% of the difference.

Article 12 If the means of transportation arranged by travel agencies are lower than the grade and grade agreed in the contract due to the reasons of the transportation department, the travel agencies shall refund the difference between the travel fees paid by tourists and the actual fees, and pay liquidated damages of 20% of the difference.

Article 13 If the tourist attractions arranged by the travel agency cannot be visited due to the reasons of the tourist attractions, the travel agency shall refund the tickets and guide fees of the tourist attractions and compensate for the liquidated damages of 20% of the returned fees.

Article 14 Any other act that damages the legitimate rights and interests of tourists, if it has been stipulated by national laws and regulations, shall be handled in accordance with the relevant laws and regulations.

Article 15 In case of quality problems in the process of tourism, the travel agency shall first compensate the tourists for their losses.

Article 16 Travel agencies that have taken the following measures before the occurrence of tourism quality problems may be relieved or exempted from their liability for compensation.
1. Tourists have been fully explained, reminded, admonished and warned about the quality and safety of tourism in advance.
2. The quality problems occurred are unintentional, negligent or unpredictable or preventive measures have been taken.
3. After quality problems occur, remedial measures have been taken.

Article 17 The National Tourism Administration shall be responsible for the issuance, revision and interpretation of the margin compensation standards.

Article 18 This standard shall be implemented on a trial basis from the date of promulgation. The Trial Standard for Compensation of Travel Agency Quality Security Deposit (LBF No. 1995046) issued by the National Tourism Administration on July 1, 1995 shall be repealed at the same time.