Travel Agents Ordinance (2020)

Travel Agency Regulations

(Promulgated by Order No. 550 of the State Council of the People's Republic of China on February 20, 2009; amended for the first time in accordance with the Decision of the State Council on Amending and Repealing Some Administrative Regulations on February 6, 2016; amended for the second time in accordance with the Decision of the State Council on Amending and Repealing Some Administrative Regulations on March 1, 2017, and amended for the third time in accordance with the Decision of the State Council on Amending and Repealing Some Administrative Regulations on November 29, 2020)

Chapter I: General Provisions

Article 1 In order to strengthen the management of travel agencies, protect the legitimate rights and interests of tourists and travel agencies, maintain the order of the tourism market, and promote the healthy development of the tourism industry, these regulations are formulated.

Article 2 These Regulations apply to the establishment and business activities of travel agencies within the territory of the People's Republic of China.

For the purposes of these Regulations, the term "travel agency" refers to an enterprise legal person engaged in activities such as soliciting, organizing, and receiving tourists, providing relevant tourism services to tourists, and carrying out domestic, inbound or outbound tourism business.

Article 3 The tourism administrative department of the State Council is responsible for the supervision and management of travel agencies nationwide.

The departments of the local people's governments at or above the county level in charge of tourism work are responsible for the supervision and management of travel agencies within their respective administrative areas in accordance with their duties.

The relevant departments of industry and commerce, pricing, commerce, foreign exchange and other relevant departments of the people's governments at or above the county level shall, in accordance with the division of duties, supervise and manage travel agencies in accordance with the law.

Article 4 Travel agencies shall follow the principles of voluntariness, equality, fairness and good faith in their business activities, improve service quality, and safeguard the legitimate rights and interests of tourists.

Article 5 travel agency industry organizations shall, in accordance with the articles of association, provide services for travel agencies, play a coordinating and self-discipline role, and guide travel agencies to operate legally, fairly and in good faith.

Chapter II Establishment of Travel Agencies

Article 6 Those who apply for the operation of domestic tourism business and inbound tourism business shall obtain the qualification of enterprise legal person and have a registered capital of not less than 300,000 yuan.

Seventh application for domestic tourism business and inbound tourism business, shall be to the local provinces, autonomous regions and municipalities directly under the Central Government tourism administrative departments or their entrusted districted municipal tourism administrative departments to apply, and submit in accordance with the provisions of Article 6 of these Regulations relevant supporting documents. The tourism administrative department that accepts the application shall make a decision on permission or disapproval within 20 working days from the date of acceptance of the application. If the license is granted, the applicant shall be issued a travel agency business license; if the license is not granted, the applicant shall be notified in writing and the reasons shall be explained.

Article 8 travel agencies that have obtained business licenses for two years and have not been fined or punished by administrative authorities for infringing on the legitimate rights and interests of tourists, may apply for outbound tourism business.

Nineth application for outbound tourism business, shall be submitted to the tourism administrative departments of the State Council or the provinces, autonomous regions and municipalities directly under the Central Government tourism administrative departments entrusted by it, the tourism administrative departments that accept the application shall be made within 20 working days from the date of acceptance of the application to make a decision to permit or not to license. If the license is granted, the business license of the travel agency shall be renewed to the applicant; if the license is not granted, the applicant shall be notified in writing and the reasons shall be explained.

Article 10 If a travel agency establishes a branch, it shall register with the administrative department for industry and commerce where the branch is located, and file with the tourism administrative department where the branch is located within 3 working days from the date of establishment and registration.

There are no geographical restrictions on the establishment of branches of travel agencies. The scope of business of a branch shall not exceed the scope of business of the travel agency in which the branch is established.

11th travel agencies set up special to solicit tourists, to provide tourism consulting service outlets (hereinafter referred to as travel agency service outlets) shall, in accordance with the law, to the administrative department for industry and commerce for the establishment of registration procedures, and to the local tourism administrative department for the record.

Travel agency service outlets shall accept the unified management of travel agencies, and shall not engage in activities other than solicitation and consultation.

12th travel agency change name, business premises, legal representative and other registration matters or terminate the operation, shall go to the administrative department for industry and commerce for the corresponding change of registration or cancellation of registration, and within 10 working days from the date of completion of registration, to the original licensed tourism administrative department for the record, replacement or return of the travel agency business license.

13th travel agency shall, within 3 working days from the date of obtaining the travel agency business license, open a special quality margin account in the bank designated by the tourism administrative department of the State Council, deposit the quality deposit, or submit to the tourism administrative department that has made a license to obtain a guarantee amount not less than the corresponding amount of quality deposit bank guarantee.

Travel agencies engaged in domestic tourism business and inbound tourism business shall deposit a quality deposit of 200,000 yuan, and travel agencies engaged in outbound tourism business shall deposit an additional quality deposit of 1.2 million yuan.

The interest on the quality deposit belongs to the travel agency.

14th travel agency set up a branch to engage in domestic tourism business and inbound tourism business, should deposit 50,000 yuan to its quality margin account, and each establishment of a branch operating outbound tourism business, should deposit 300,000 yuan to its quality margin account.

15th in any of the following circumstances, tourism administrative departments can use the quality of travel agencies:

(A) travel agencies in violation of the travel contract, infringement of the legitimate rights and interests of tourists, verified by the tourism administrative department;

(B) travel agencies due to dissolution, bankruptcy or other reasons caused by the loss of travel expenses paid in advance.

16th people's court judgments, rulings and other effective legal documents determine that the travel agency has harmed the legitimate rights and interests of tourists, the travel agency refuses or is unable to compensate, the people's court may allocate compensation from the quality deposit account of the travel agency.

17th travel agency from the date of payment or replenishment of the quality deposit within three years has not been fined by the administrative authorities for infringing on the legitimate rights and interests of tourists, the tourism administrative departments shall reduce the amount of the deposit of the quality deposit of the travel agency by 50%, and to the public. Travel agencies can reduce their quality deposits with the certificates issued by the tourism administrative departments of provinces, autonomous regions and municipalities directly under the Central Government.

18th travel agency in the tourism administrative departments to use the quality margin to compensate for the loss of tourists, or reduce the quality margin according to law, for infringing on the legitimate rights and interests of tourists by the administrative organs of fines or more, should be received from the tourism administrative departments to pay the quality margin within 5 working days from the date of the notice of the quality deposit.

19th travel agency is no longer engaged in tourism business, with the voucher issued by the tourism administrative department, to the bank to get back the quality deposit.

20th quality deposit deposit, the use of specific management measures by the tourism administrative departments of the State Council and the financial departments of the State Council in conjunction with the relevant departments separately formulated.

Chapter III: Foreign-Invested Travel Agencies

Article 21: The provisions of this Chapter shall apply to foreign-invested travel agencies, and where there are no provisions in this Chapter, other relevant provisions of these Regulations shall apply.

Article 22 Foreign-invested enterprises applying to operate travel agency business shall submit an application to the tourism administrative department of the province, autonomous region or municipality directly under the Central Government where they are located, and submit relevant supporting documents that meet the conditions specified in Article 6 of these Regulations. The tourism administrative departments of provinces, autonomous regions and municipalities directly under the Central Government shall complete the review within 30 working days from the date of acceptance of the application. If the license is granted, the travel agency business license shall be issued; if the license is not granted, the applicant shall be notified in writing and the reasons shall be explained.

The establishment of foreign-invested travel agencies shall also comply with the laws and regulations on foreign investment.

Article 23 Foreign-invested travel agencies shall not engage in overseas travel business for Chinese mainland residents or travel to the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the Taiwan Region, except as otherwise provided by a decision of the State Council or a free trade agreement signed by the mainland and the arrangements between the mainland and Hong Kong and Macao on establishing closer economic and trade relations.

Chapter IV Travel Agency Operation

Article 24 The information provided by travel agencies to tourists on tourism services must be true and reliable, and shall not be falsely advertised.

Article 25 Travel agencies engaged in outbound tourism business shall not organize tourists to travel to countries and regions other than the outbound tourist destinations for Chinese citizens announced by the tourism administrative department of the State Council.

Article 26 Travel agencies for tourists to arrange or introduce tourism activities shall not contain content that violates the provisions of relevant laws and regulations.

Article 27 Travel agencies shall not solicit tourists with quotations lower than the cost of travel. Without the consent of the tourist, the travel agency shall not provide other paid services other than those agreed in the travel contract.

Article 28 Travel agencies providing services to tourists shall sign a travel contract with the tourist and specify the following matters:

(A) the name of the travel agency and its business scope, address, contact number and travel agency business license number;

(2) The name and contact number of the person in charge of the travel agency;

(3) the place and date of the signing;

(4) The place of departure, transit and destination of the travel itinerary;

(E) travel itinerary transportation, accommodation, catering service arrangements and standards;

(F) the specific content and time of the tour arranged by the travel agency;

(7) The time and frequency of free activities of tourists;

(8) The travel fee that the tourist shall pay and the method of payment;

(9) The number of shopping trips, the length of stay and the name of the shopping place arranged by the travel agency;

(10) Tours and prices that require tourists to pay separately;

(11) the conditions for terminating or modifying the contract and the period of prior notice;

(12) the dispute resolution mechanism for breach of contract and the responsibilities that should be borne;

(13) Tourism service supervision, complaint telephone;

(14) Other contents agreed upon by the two sides.

Article 29 When a travel agency signs a travel contract with a tourist, it shall make a true, accurate and complete explanation of the specific content of the travel contract.

If the travel contract signed by the travel agency and the tourist is not clear or there is a dispute over the understanding of the standard clauses, it shall be interpreted in accordance with the common understanding; if there are two or more interpretations of the standard clauses, the interpretation shall be made in favor of the tourist; if the standard clauses and non-standard clauses are inconsistent, the non-standard clauses shall be adopted.

Article 30 Where travel agencies organize outbound travel by Chinese mainland residents, they shall arrange for tour leaders to accompany the tour group throughout the journey.

Article 31 Travel agencies shall hold the tour guide certificate prescribed by the State for the tour guide appointed by the travel agency to receive tourists.

Travel agencies that have obtained the outbound tourism business license shall obtain a tour guide certificate for the tour leader appointed by the organization of outbound tourism, have the corresponding academic qualifications, language skills and tourism experience, and sign a labor contract with the travel agency that appoints it to engage in the tour leader business. Travel agencies shall report the list of tour leaders of the unit to the tourism administrative departments of the districts divided into districts for the record.

Article 32 Travel agencies employing tour guides and tour leaders shall sign labor contracts in accordance with the law and pay them remuneration not lower than the local minimum wage.

Article 33 Travel agencies and their appointed tour guides and tour leaders shall not engage in the following acts:

(A) refusal to perform the obligations agreed in the travel contract;

(2) Changing the itinerary of the travel contract arrangement not due to force majeure;

(3) Deceiving or coercing tourists to shop or participate in excursions that require additional payment.

Article 34 Travel agencies shall not require tour guides and tour leaders to receive tour groups that do not pay reception and service fees or pay fees lower than the cost of reception and services, and shall not require tour guides and tour leaders to bear the relevant costs of receiving tour groups.

Article 35 If a travel agency violates the travel contract and causes damage to the legitimate rights and interests of tourists, it shall take necessary remedial measures and report to the tourism administrative department in a timely manner.

Article 36 travel agencies need to entrust the tourism business, should be entrusted to travel agencies with the corresponding qualifications, obtain the consent of tourists, and sign a contract with the entrusted travel agency on the reception of tourists, determine the service arrangements and standards for the reception of tourists, and agree on the rights and obligations of both parties.

Article 37 If a travel agency entrusts its tourism business to other travel agencies, it shall pay not less than the cost of reception and service to the entrusted travel agency;

If the entrusted travel agency breaches the contract, causing damage to the legitimate rights and interests of tourists, the entrusted travel agency shall bear the corresponding liability for compensation. After the entrusted travel agency makes compensation, it can recover from the entrusted travel agency.

If the entrusted travel agency intentionally or grossly negligently causes damage to the legitimate rights and interests of tourists, it shall be jointly and severally liable.

Article 38 Travel agencies shall purchase travel agency liability insurance. The specific scheme of travel agency liability insurance shall be formulated separately by the tourism administrative department of the State Council in conjunction with the insurance regulatory authority of the State Council.

Article 39 Travel agencies shall give true explanations and clear warnings to tourists on matters that may endanger the personal and property safety of tourists, and take necessary measures to prevent the occurrence of harm.

In the event of a situation that endangers the personal safety of tourists, travel agencies and their appointed tour guides and tour leaders shall take necessary measures to deal with them and report to the tourism administrative department in a timely manner;

Article 40 If a tourist stays abroad and does not return, the tour leader appointed by the travel agency shall report to the travel agency, the embassy or consulate of the People's Republic of China in that country and the relevant overseas institutions in a timely manner. After receiving the report, the travel agency shall report to the tourism administrative department and the public security organ in a timely manner, and assist in providing information on illegal stayers.

If a travel agency receives an inbound tourist and a tourist is illegally stranded in the mainland, it shall promptly report to the tourism administrative department, the public security organ and the foreign affairs department, and assist in providing information on the illegal stayer.

Chapter V: Supervision and Inspection

Article 41 The relevant departments of tourism, industry and commerce, price, commerce, foreign exchange and other relevant departments shall strengthen the supervision and management of travel agencies in accordance with the law, and shall deal with illegal acts in a timely manner.

42nd tourism, industry and commerce, prices and other administrative departments shall promptly announce to the public the supervision and inspection. The content of the announcement includes the issuance, change, revocation and cancellation of the business license of the travel agency, the illegal operation of the travel agency, the integrity record of the travel agency, and the complaint information of tourists.

Article 43 If a travel agency damages the legitimate rights and interests of tourists, tourists may complain to the tourism administrative department, the administrative department for industry and commerce, the price department, the competent department of commerce or the foreign exchange administrative department, and the department receiving the complaint shall promptly investigate and deal with it in accordance with its responsibilities and powers, and inform the tourist of the relevant circumstances of the investigation and handling.

44th travel agencies and their branches shall be subject to the tourism administrative departments of their travel contracts, service quality, tourism safety, financial books and other supervision and inspection, and in accordance with the relevant provisions of the State to the tourism administrative departments to submit business and financial information and other statistics.

Article 45 The staff members of the tourism, industry and commerce, price, commerce, foreign exchange, and other relevant departments shall not accept any gifts from travel agencies, shall not participate in shopping activities or sightseeing items paid for by travel agencies, and shall not seek personal interests for themselves, their relatives and friends, or other individuals or organizations through travel agencies.

Chapter VI: Legal Responsibility

Article 46 In violation of the provisions of these Regulations, in any of the following circumstances, the tourism administrative department or the administrative department for industry and commerce shall order corrections, confiscate the illegal gains, and impose a fine of not less than 1 time but not more than 5 times the illegal gains if the illegal gains are less than 100,000 yuan or no illegal gains;

(A) without obtaining the corresponding travel agency business license, operating domestic tourism business, inbound tourism business, outbound tourism business;

(2) The branch operates tourism business beyond the business scope of the travel agency that established the branch;

(3) Travel agency service outlets engaged in travel agency business activities other than solicitation and consultation.

Article 47 If a travel agency transfers, leases or lends a travel agency's business license, the tourism administrative department shall order it to suspend business for 1 to 3 months for rectification, and confiscate the illegal gains; Transferor lease travel agency business license, by the tourism administrative department ordered to stop the illegal business, confiscate illegal gains, and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan.

Article 48 In violation of the provisions of these Regulations, if a travel agency fails to deposit, increase, or make up the quality deposit or submit the corresponding bank guarantee to its quality deposit account within the prescribed time limit, the tourism administrative department shall order it to make corrections;

Article 49 In violation of the provisions of these Regulations, if a travel agency does not take out travel agency liability insurance, the tourism administrative department shall order it to make corrections; if it refuses to make corrections, the business license of the travel agency shall be revoked.

50th in violation of the provisions of these Regulations, travel agencies in any of the following circumstances, by the tourism administrative department ordered to correct; refusal to correct, a fine of less than 10,000 yuan:

(A) change the name, business premises, legal representative and other registration matters or termination of business, not within the prescribed period of time to the original license of the tourism administrative department for the record, replacement or return of the travel agency business license;

(B) the establishment of a branch is not within the prescribed period of time to the local tourism administrative department for the record;

(C) not in accordance with the relevant provisions of the State to the tourism administrative departments to submit business and financial information and other statistical data.

Article 51 In violation of the provisions of these Regulations, foreign-invested travel agencies engage in overseas tourism business for Chinese mainland residents and travel to the Hong Kong Special Administrative Region, If the tourism business of the Macao Special Administrative Region and the Taiwan region, or the travel agency engaged in outbound tourism business, organizes tourists to travel to countries and regions other than the outbound tourist destinations for Chinese citizens announced by the tourism administrative department of the State Council, the tourism administrative department shall order them to make corrections and confiscate the illegal gains, and if the illegal gains are more than 100,000 yuan, they shall be fined not less than 1 time but not more than 5 times the illegal gains; if the illegal gains are less than 100,000 yuan or there are no illegal gains, they shall be fined not less than 100,000 yuan but not more than 500,000 yuan; and if the circumstances are serious, the business license of the travel agency shall be revoked。

Article 52 In violation of the provisions of these Regulations, if a travel agency arranges or introduces a tourist for a tourist and contains content that violates the provisions of relevant laws and regulations, the tourism administrative department shall order it to make corrections, confiscate the illegal gains, and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan;

Article 53 In violation of the provisions of these Regulations, if the travel service information provided by a travel agency to a tourist contains false content or makes false publicity, the administrative department for industry and commerce shall impose a penalty according to law.

In violation of the provisions of these Regulations, if a travel agency solicits tourists with a quotation lower than the cost of travel, the price department shall impose a penalty in accordance with the law.

Article 54 In violation of the provisions of these Regulations, travel agencies without the consent of tourists to provide other paid services outside the travel contract, the tourism administrative department shall order corrections and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan.

Article 55 In violation of the provisions of these Regulations, if a travel agency has any of the following circumstances, the tourism administrative department shall order it to make corrections and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan;

(A) did not sign a travel contract with the tourist;

(2) The travel contract signed with the tourist does not contain the matters specified in Article 28 of these Regulations;

(C) without the consent of the tourist, the tourism business entrusted to other travel agencies;

(D) entrust the tourism business to travel agencies that do not have the corresponding qualifications;

(5) Failure to sign an entrustment contract with the entrusted travel agency on the reception of tourists.

Article 56 Where a travel agency violates the provisions of these Regulations by organizing outbound travel for Chinese mainland residents and does not arrange for a tour leader to accompany the tour group throughout the journey, the tourism administrative department shall order it to make corrections and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan;

Article 57 In violation of the provisions of these Regulations, the tour guide appointed by the travel agency does not hold the tour guide certificate prescribed by the state or the appointed tour leader does not have the prescribed conditions for the tour leader, the tourism administrative department shall order corrections and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan on the travel agency.

Article 58 In violation of the provisions of these Regulations, if a travel agency does not pay remuneration to the tour guides and tour leaders hired by it, or the remuneration paid is lower than the local minimum wage standard, it shall be dealt with in accordance with the relevant provisions of the Labor Contract Law of the People's Republic of China.

Article 59 In any of the following circumstances in violation of the provisions of these Regulations, the travel agency shall be ordered to make corrections by the tourism administrative department or the industrial and commercial administrative department and shall be fined not less than 100,000 yuan but not more than 500,000 yuan;

(A) refusal to perform the obligations agreed in the travel contract;

(2) Changing the itinerary arranged in the travel contract not due to force majeure;

(3) Deceiving or coercing tourists to shop or participate in excursions that require additional payment.

60th in violation of the provisions of these Regulations, travel agencies require tour guides and tour leaders to receive tour groups that do not pay reception and service fees, pay less than the cost of reception and services, or require tour guides and tour leaders to bear the relevant costs of receiving tour groups, the tourism administrative department shall order corrections, and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan.

Article 61 If a travel agency violates the travel contract and causes damage to the legitimate rights and interests of tourists, and does not take necessary remedial measures, the tourism administrative department or the industrial and commercial administrative department shall order correction and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan;

Article 62 In violation of the provisions of these Regulations, in any of the following circumstances, the tourism administrative department shall order corrections, suspend business for rectification for 1 to 3 months;

(1) The travel agency does not pay the reception and service fees to the entrusted travel agency;

(B) the travel agency to the entrusted travel agency to pay less than the cost of reception and service;

(C) the entrusted travel agency to receive the tour group that does not pay or does not pay the reception and service fees.

Article 63 In violation of the provisions of these Regulations, travel agencies and their appointed tour guides and tour leaders in any of the following circumstances shall be ordered by the tourism administrative department to make corrections and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan on the travel agency; a fine of not less than 4,000 yuan but not more than 20,000 yuan on tour guides and tour leaders; if the circumstances are serious, the travel agency shall be ordered to suspend business for 1 month to 3 months, or revoke the business license and tour guide certificate of the travel agency:

(A) the occurrence of a situation that endangers the personal safety of tourists, failure to take necessary measures and timely report;

(2) Travel agencies organize outbound tourists who are illegally stranded abroad, and the travel agency fails to report in a timely manner and assist in providing information on the illegal stayers;

(3) The travel agency receives an inbound tourist who is illegally stranded in the country, and the travel agency fails to report in a timely manner and assist in providing information on the illegal stayer.

Article 64 A person who has received a criminal punishment for obstructing national (border) border management shall not engage in the business activities of a travel agency within five years from the date on which the criminal punishment is completed;

Article 65 If a travel agency violates the provisions of these Regulations and harms the legitimate rights and interests of tourists, it shall bear the corresponding civil liability; if it constitutes a crime, it shall be investigated for criminal responsibility according to law.

66th in violation of the provisions of these Regulations, tourism administrative departments or other relevant departments and their staff in any of the following circumstances, directly responsible for the person in charge and other directly responsible personnel shall be punished according to law:

(1) Where illegal conduct is discovered and not promptly addressed;

(B) failure to timely announce the supervision and inspection of travel agencies;

(C) failure to deal with the complaints of tourists in a timely manner and inform the tourists of the relevant circumstances of the investigation and handling;

(4) Accepting gifts from travel agencies;

(5) Participating in shopping activities or excursions paid for by travel agencies;

(6) Seeking personal gain for oneself, one's relatives and friends, or other individuals or organizations through travel agencies.

Chapter VII: Supplementary Provisions

Article 67 These Regulations shall apply by reference to travel agencies established in the Mainland by investors from the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the Taiwan Region.

Article 68: These Regulations take effect on May 1, 2009. On October 15, 1996, the State Council promulgated the Regulations on the Administration of Travel Agencies, which was repealed at the same time.

Source: Xinzhou Municipal Bureau of Culture and Tourism