Article 19 (Scope of Business)

Travel agencies shall conduct business activities according to the business scope of the business license, and it is forbidden to operate beyond the scope.

article 2 (express system)

a travel agency shall place its business license and business license in a conspicuous position in its business premises. Tourism prices and related handling fees should be clearly marked.

article 21 (forms of travel quotation)

the travel quotation forms of travel agencies mainly include all-inclusive travel and semi-inclusive travel.

when the travel agency promises to carry out all-inclusive travel expenses, the contents of all-inclusive travel expenses should at least include transportation, accommodation, catering, tickets for scenic spots and tour guide services.

when the travel agency promises to implement a half-inclusive price for travel expenses, the half-inclusive price should at least include transportation, accommodation and tour guide services.

article 22 (contents of travel contract)

when arranging tourists to travel, a travel agency shall conclude a written travel contract with tourists.

a travel contract generally includes the following contents:

(1) the name and address of the travel agency;

(2) the total price of tourism;

(3) tourist location and schedule;

(4) the type, grade and flight (vehicle) times of vehicles;

(5) Accommodation level and room type;

(6) the names and tickets of tourist attractions;

(7) frequency and standard of catering;

(8) types and times of entertainment;

(9) Tour guide service;

(1) shopping times and time;

(11) conditions for termination of the contract;

(12) liability for breach of contract;

(13) other contents that both parties consider necessary to agree;

(14) place and date of signing the contract.

if an outbound travel contract is concluded, the contents of the procedures and fees for exit visas should also be added.

when concluding a contract with tourists, a travel agency may refer to the model contract text provided by the municipal tourism administration department.

article 23 (performance and assignment of travel contracts)

after concluding a contract with a tourist, a travel agency shall perform the contract as agreed. The quality feedback form or similar written materials issued by travel agencies to tourists cannot be used as proof of whether they have fulfilled the contract.

when a travel agency transfers a concluded travel contract to another travel agency, it must obtain the consent of the tourists and shall not increase the fees.

tourists can't make the trip themselves, so they can let others perform the contract on their behalf. The increased expenses due to the performance of the contract on behalf of the tourists shall be paid; If the tourist himself can't make the trip and can't let others perform the contract on his behalf due to exit visas and other reasons, the tourist shall bear the liability for breach of contract.

article 24 (requirements for travel agencies to perform travel contracts)

after concluding a travel contract with tourists, a travel agency shall provide services as agreed in the contract, and shall not arbitrarily change the schedule of activities, reduce or increase the number of visits, increase fees, or arrange other tourism consumption activities not stipulated in the contract. Travel agencies should obtain the consent of tourists and issue service documents when arranging travel projects that need to be charged outside the contract.

after the conclusion of a travel contract, the travel agency shall not unilaterally increase the total travel price, except that the exchange rate or transportation price is adjusted by the state and the two parties to the contract agree that the total travel price can be increased in this case.

Article 25 (Force Majeure)

If a travel agency fails to perform the contract due to force majeure after concluding a contract with a tourist, it shall be exempted from liability in part or in whole according to the influence of force majeure, except as otherwise provided by law.

article 26 (breach of contract caused by failure to make a trip)

if both parties to the contract fail to make a trip in China, the breaching party shall notify the other party three days in advance; For outbound travel, the breaching party shall notify the other party 7 days in advance. The parties to the contract may also separately agree on the time for advance notice. For the liability for breach of contract, if both parties have agreed, they shall bear it according to the agreement. If there is no agreement, it shall be liable for breach of contract according to the following standards:

(1) If the breaching party notifies the other party within the specified time, it shall pay a penalty of 5% of the total price of the travel contract;

(2) If the breaching party fails to notify the other party within the stipulated time, it shall pay a penalty of 1% of the total price of the travel contract.

losses caused by breach of contract shall be liable for compensation according to relevant laws, regulations and rules.

Article 27 (Advance Compensation)

If a travel agency fails to provide relevant services in accordance with the travel contract, it shall be liable for breach of contract; If losses are caused to tourists, compensation shall be made according to law. If the travel contract cannot be fulfilled or fully fulfilled due to the reasons of other tour operators, and losses are caused to tourists, tourists have the right to ask the travel agency for compensation; After compensation, the travel agency has the right to recover from the tour operator who caused the tour contract to be unable to be fulfilled or not fully fulfilled.

if a travel agency cheats on the services provided by tourists, it shall be liable for damages according to the Law of the People's Republic of China on the Protection of Consumers' Rights and Interests.

article 28 (travel insurance)

when a travel agency engages in tourism business activities, it shall take out travel agency liability insurance. The insurance premium of travel agency liability insurance shall not be listed separately in the sales price.

tourists can purchase personal insurance for tourists according to their actual needs. When concluding a travel contract with a tourist, a travel agency shall prompt the tourist to purchase relevant personal insurance for the tourist.

article 29 (tourism safety)

when organizing tourists to travel, travel agencies should ensure the personal safety of tourists.

In case of any situation that may endanger the personal safety of tourists during the tour, the tourists should be explained in advance or given a clear warning, and effective measures should be taken to prevent the occurrence of hazards.

when the personal safety of tourists is infringed, the staff sent by the travel agency shall take effective rescue measures and report to the organized travel agency in time; The overseas tour leader shall also report to the embassies and consulates of the China Municipal Government and overseas travel agencies.

Article 3 (Reporting System)

When a travel agency organizes tourists to travel, it shall report to the relevant departments in accordance with the following provisions within 24 hours after learning of the accident:

(1) When an international travel agency has a major accident, it shall report to the municipal tourism administration department;

(2) In case of major accidents of domestic travel agencies, report to the district or county tourism administrative department of the place of registration. The district and county tourism administrative departments shall immediately report to the municipal tourism administrative department after receiving the accident report from the travel agency.

Article 31 (Requirements for Employment of Personnel)

A travel agency and its operators shall sign a written contract to stipulate the rights and obligations of both parties.

without the consent of the travel agency, the operator shall not disclose, use or allow others to use the business secrets of the travel agency he has.

article 32 (tour leaders and tour guides)

tour leaders and tour guides employed by travel agencies shall hold tour guide cards and tour guide cards issued by the national or municipal tourism administrative departments.

Tour leaders and tour guides should wear their badges and carry their tour guide cards when conducting tour guide activities; Arrange tourists' travel and sightseeing activities in strict accordance with the reception plan determined by the travel agency, and shall not increase or decrease tourism projects or suspend tour guide activities without authorization.

article 33 (tourism advertisements)

when publishing advertisements, travel agencies shall comply with the relevant laws and regulations of the state, and shall not carry out false advertising, and the services promoted by advertisements shall not exceed the business scope.

if a travel agency publishes advertisements through radio, movies, television, newspapers, magazines and other media, it shall indicate the name and business license number of the travel agency; When advertising for other travel agencies, the name of the agency should also be indicated.

The production and publication of advertisements for China citizens' outbound tourism business shall be handled in accordance with relevant state regulations.

article 34 (special tourism projects)

if a travel agency develops a dangerous special tourism project, it shall go through the examination and approval procedures in accordance with relevant state regulations.

article 35 (selection of overseas reception travel agencies)

when organizing tourists to travel abroad, travel agencies shall select legally registered travel agencies in relevant countries and regions as reception travel agencies and sign written contracts.

Article 36 (Prohibition of Unfair Competition and Restrictions on Tips and Rebates)

Travel agencies shall not engage in tourism business by the following improper means, which will damage their competitors:

(1) Counterfeiting the registered trademarks of other travel agencies;

(2) using the names of other travel agencies without authorization;

(3) Defaming the reputation of other travel agencies;

(4) Entrust units and individuals who are not travel agencies to operate tourism business;

(5) other acts that disrupt the order of the tourism market.

Employees of travel agencies are not allowed to ask tourists for tips or receive kickbacks privately.

Article 37 (Ways to Resolve Disputes)

When the legitimate rights and interests of tourists are damaged or there is a dispute with the travel agency, it can be resolved through the following channels:

(1) through consultation with the travel agency;

(2) requesting the Consumer Protection Committee to investigate and mediate;

(3) complaining to the tourism administrative department or the industrial and commercial administrative department;

(4) submit to an arbitration institution for arbitration or bring a lawsuit to a people's court.

Article 38 (Acceptance of Complaints)

The tourism administrative department shall, within 5 working days from the date of receiving the complaints from tourists, make a decision on whether to accept them; If it decides to accept it, it shall, within 45 days, make a decision and answer the complainant; Complaints that should be handled by other administrative departments shall be forwarded to the relevant departments within 5 working days from the date of receiving the complaints.

Article 39 (Use of Quality Deposit of Travel Agency)

If any of the following circumstances causes losses to tourists, the tourism administrative department, after accepting the complaint, thinks that the travel agency should make compensation, and if the travel agency refuses to make compensation or is unable to bear the compensation, it shall use the quality deposit of travel agency to compensate tourists in advance:

(1) If the travel agency fails to meet the service quality standards agreed in the contract due to its own fault;

(2) the service of the travel agency fails to meet the standards set by the state or industry;

(3) Loss of travel expenses paid in advance by tourists after the bankruptcy of travel agencies;

(4) other circumstances identified by the tourism administrative department of the State Council.

the quality deposit and the interest generated during the period when the tourism administrative department is responsible for management belong to the travel agency; Tourism administrative departments may, in accordance with the relevant provisions of the state, extract a certain percentage of management fees from interest. No unit or individual may misappropriate the quality deposit.

in the event of a travel dispute in the business department of a travel agency, if the travel agency's quality deposit should be used for compensation in advance according to the provisions of the preceding paragraph, the district or county tourism administrative department where the agency is located shall pay the compensation in time after receiving the notice from the district or county tourism administrative department where the business department is located; If there is any objection to the use of quality margin compensation payment, it shall be ruled by the municipal tourism administration department.

if the tourism administrative department is at fault in using the travel agency's quality deposit to compensate tourists in advance, it shall be liable for compensation.

Article 4 (Statistical Statements)

Travel agencies shall submit statistical statements on time in accordance with the relevant provisions of the tourism administrative department of the State Council. International travel agencies submit statistical reports to the municipal tourism administrative department; Domestic travel agencies submit statistical reports to the district and county tourism administrative departments;

statistical statements shall not provide false data.

article 41 (archives management)

the business archives of travel agencies shall be kept by special personnel. Among them, the minimum retention period of inbound and outbound tourism files is 3 years, and the minimum retention period of domestic tourism files is 2 years.

Article 42 (Management of Business Department)

Travel agencies shall implement unified management of personnel, finance, group tours and tourist routes for their business departments.

article 43 (supervision by the municipal travel agency industry association)

the municipal travel agency industry association shall supervise the business behavior, service quality and price of travel agencies, and the supervision results shall be reported to the municipal tourism administration department for the record.