What Is a Tour Operator?

A Travel Agency, defined by the World Tourism Organization as "a retail agency provides information to the public about possible travel, residency, and related services, including gratuities and conditions for services. The travel organizer or production wholesaler or wholesaler at Before travel needs are raised, industry organizations are organized to organize transportation, book different accommodations and propose all other services for travel and residence. " China's "Administrative Regulations on Travel Agencies" states that: Travel agencies refer to enterprises engaged in tourism business for the purpose of making profits. The tourism business refers to the business activities of arranging exit, entry and visa procedures for tourists, soliciting and receiving tourists, and arranging paid services for tourists. The travel agency's operating items usually include various transportation tickets (such as air tickets, bus tickets and boat tickets), package itinerary, travel insurance, travel books, etc. Consulting agency. The smallest travel agency may have only one person, and the largest travel agency has branches worldwide. The professions derived from travel agencies are: team leader, tour guide, ticket clerk, visa commissioner, planner (tourist operation), etc. To operate a travel agency, you must hold a valid license issued by the authority, and you must be a member of a designated travel agency chamber of commerce in order to operate tour groups and carry out group tours.

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The state's policy of encouraging enterprises to "go global" has been gradually improved. In March 2009, the Ministry of Commerce issued the Measures for the Administration of Overseas Investments, which greatly simplified the approval process for overseas investments and gave enterprises more policy encouragement. For small and medium-sized enterprises, China has established the "SME International Market Exploitation Fund", established a platform for SMEs' overseas economic and trade cooperation zones, and introduced overseas M & A policies. In addition, the tourism authority also guides and promotes Chinese tourism companies' overseas investment through cooperation with the Ministry of Commerce, the Ministry of Finance, the Foreign Exchange Administration and the China Banking Regulatory Commission.

At present, the business of China s going out tourism enterprises is expanding, including travel agencies, restaurants, restaurants, and scenic spots. The trend of diversified operations is obvious. The area of operation continues to expand to cover more than 30 in Asia, Africa, Europe, North America, South America, and Oceania. Countries and regions.

Although some tourism enterprises in China already have a certain scale and capital strength, compared with developed countries, even compared with developing countries such as India, the degree of internationalization of China's tourism enterprises is still low, and their core competitiveness is not strong.

The degree of internationalization of China's tourism industry is low, which is manifested in the fact that not only does it lack domestic market-recognized corporate brands, internationally-leading proprietary technologies, and advanced management capabilities, it also does not form its own intellectual property rights and build its own core competitive advantages. Insufficient innovation capabilities such as models and product development; bottlenecks in the lack of international market knowledge and international talent pools, especially the lack of talents in cross-border mergers and acquisitions of tourism companies; vague market positioning and product positioning, and the need for overseas investment Often it is not clear; in terms of core product development and distribution system construction, China's tourism enterprises also have a large gap with international tourism groups.

The "Tourism Law of the People's Republic of China" (referred to as the "Tourism Law") has been in operation for half a year since it was officially implemented on October 1, 2013. From the perspective of market conditions, it has played a significant role in regulating travel agency operations, and the number of tourist complaints has decreased significantly. In the early stage of the implementation of the "Tourism Law", some travel agencies with irregular operations were eliminated. At present, travel agencies that have passed the adaptation period are gradually changing their business methods and trying to launch more personalized products and services.

After the implementation of the "Tourism Law", the travel agency's original method of relying on low prices to attract customers has been unable to adapt to the new situation. To continue to survive in the market, travel agencies must change their profit model and launch products and services that better meet the needs of tourists.

Introduction

Tour leader, tour guide, bus captain, booking agent, visa commissioner, planner, immigration operation, conference and exhibition, (tourism operation), etc.

Travel agencies are roughly divided into four positions according to the work content: outreach OP (that is, salesman), accounting, finance, and administrative back office.

Outreach OP

That is, the salesperson, who is connected to the company's outreach OP, is facing the group department, and receives the group to socialize with the team; the group's outreach OP is facing directly to the guests, such as companies and individuals who have travel needs; The customer's outreach OP, the customer is also a group agency.

Adjust

Planning and adjustment is a unique position of a travel agency. According to the tourism elements, it can be divided into major transportation (ticketing), scenic spots, dining, car use, and accommodation. After the division of labor, it can be divided into house adjustment, car adjustment, and ticket adjustment. .

1. Don't just look at the brand of the travel agency. The store departments of travel agencies are basically franchising methods. They must have a legal business license and operating permit.

2. When you choose a travel agency, you must compare it. You ca nt just listen to a single offer. You must ask clearly whether it is included or not, especially the airport construction fee, fuel surcharge, insurance, and some self-funded items.

3, many travel agencies have set the price threshold very low, but also add a lot of must spend and choose to consume, must do homework in advance. You will find that the attractions that must be consumed are all very bad, and the slightly better ones have to pay for themselves.

4. The signing of the contract must be read carefully, and each item should be clearly seen. Oral promises are always false. What requirements and questions must be clearly written before they can be used as evidence after the fact.

5. When choosing a travel agency, you must choose a large one. The kind of on-site service or renting a house on the front is not reliable.

The establishment of a travel agency shall meet the following requirements:

To apply for the establishment of a travel agency for domestic tourism business and inbound tourism business, the following conditions must be met:

(1) There is a fixed business place, that is, the business premises where the applicant has the property right or the business premises rented by the applicant for a period of not less than one year;

(2) Necessary business facilities, that is, more than two direct-line fixed telephones, fax machines, photocopiers, and computers with networking requirements with tourism administrative departments and other tourism operators;

(3) There is a registered capital of not less than 300,000 yuan.

Article 7 The registered capital of a travel agency shall meet the following requirements:

(1) The registered capital of an international travel agency shall not be less than 1.5 million yuan;

(2) Domestic travel agencies (registered capital of 300,000 yuan) and quality deposit (200,000 yuan in cash).

Article 8 To apply for the establishment of a travel agency, a quality guarantee deposit shall be paid to the tourism administration department according to the following standards:

(1) International travel agencies shall pay RMB 600,000 for inbound tourism business; RMB 1.2 million for outbound tourism business.

(2) Domestic travel agencies pay RMB 200,000.

The quality deposit and the interest generated during the management period of the tourism administration department are owned by the travel agency; the tourism administration department can withdraw a certain percentage of management fees from interest in accordance with relevant state regulations.

(3) The scope of application of quality deposit:

(1) The travel agency violates the travel contract and infringes on the legitimate rights and interests of tourists, and is verified by the tourism administrative department;

(2) Travel agents lose their prepaid travel expenses due to dissolution, bankruptcy, or other reasons.

The real-time period for requesting compensation for quality deposit is 90 days, calculated from the fact that the infringement of the claimant suffered.

(IV) Circumstances in which the quality deposit is not applicable

(1) The travel agency is unable to perform the contract due to force majeure;

(2) Tourists have personal or property accidents during the tour;

(3) Economic disputes other than the application of margin;

(4) exceeding the prescribed limitation period;

(5) The judicial organ has accepted it.

Article 9 To apply for the establishment of an international travel agency, an application shall be submitted to the tourism administration department of the people's government of the province, autonomous region, or municipality directly under the local government; Approved.

To apply for the establishment of a domestic travel agency, an application should be made to the local administrative department of the province, autonomous region, or municipality for tourism administration for approval.

Article 10 To apply for the establishment of a travel agency, the following documents shall be submitted:

(1) Application for establishment;

(2) Feasibility study report for establishing a travel agency;

(3) Articles of association of travel agencies;

(4) resumes of travel agency managers and deputy managers and the qualification certificates specified in Article 6, paragraph 3 of these Regulations;

(5) a credit certificate of funds issued by the bank that opened the account, a capital verification report issued by a certified public accountant and its accounting firm or an auditor firm;

(6) Certificate of business place;

(7) Proof of operating equipment.

Article 11 After receiving the application, the tourism administrative department shall review the application in accordance with the following principles:

(1) Comply with the tourism industry development plan;

(2) meeting the needs of the tourism market;

(3) To meet the conditions stipulated in Article 6 of these Regulations.

The tourism administrative department shall make a decision on approval or disapproval within 30 days of receiving the application and notify the applicant.

Article 12 The tourism administrative department shall issue a Travel Agency Business Operation Permit to the applicant that has been examined and approved, and the applicant shall obtain a business license from the industrial and commercial administration with the Travel Agency Business Permit.

Those who have not obtained the Travel Agency Business Operation Permit shall not engage in tourism business.

Article 13 If a travel agency changes its business scope, it shall go through the formalities for registration of change at the administrative department for industry and commerce after it has been examined and approved by the tourism administrative department that was originally approved.

If a travel agency changes its name, place of business, legal representative, etc., or ceases or closes business, it shall go to the industrial and commercial administrative department for corresponding change registration or cancellation of registration, and file a record with the tourism administrative department that was originally approved.

Article 14 The tourism administrative department shall implement a notification system for travel agencies. Announcements include announcements on business opening, announcements on name changes, announcements on changes in business scope, announcements on suspension of business, and announcements on revocation of licenses.

Article 15 If a travel agency receives more than 100,000 tourists a year, it may establish a branch without legal personality (hereinafter referred to as a branch).

For each international travel agency setting up a branch, the registered capital should be increased by 750,000 yuan, and a quality guarantee deposit of 300,000 yuan should be added. For each domestic travel agency setting up a branch, the registered capital should be increased by 150,000 yuan, and the quality guarantee deposit should be increased by 50,000 yuan.

Travel agencies and their branches should implement unified management, unified finance, unified solicitation, and unified reception.

The branch established by a travel agency shall accept the supervision and management of the tourism administrative department of the local people's government at or above the county level.

Article 16 The establishment of a resident agency of a foreign travel agency within the territory of the People's Republic of China must be approved by the tourism administration department of the State Council.

Resident agencies of foreign travel agencies can only engage in tourism consulting, liaison, and publicity activities, and they cannot engage in tourism business.

Introduction

Travel agencies have their corresponding rights and obligations in carrying out tourism operations in accordance with China's current laws and regulations and tourism policies.

right

(1) Travel agencies have the right to carry out tourism advertising and promotion and organize tourism solicitation activities. According to the business scope of the franchise, travel agencies can make full use of various publicity media to carry out tourism advertising and carry out tourism business promotion activities, and organize to solicit and receive tourists. Fraud means trick tourists.

(2) Travel agencies have the right to sign travel contracts with any travel group and individual to agree on travel service items. Both the travel agency and the tourist shall jointly negotiate and sign a tourism contract in accordance with the principles of fairness, willingness, reasonableness, reasonableness and legality. Once a tourism contract is signed, it is binding on both parties. The travel agency shall provide tourists with corresponding services in accordance with the items agreed in the tourism contract signed by the two parties.

(3) Travel agencies have the right to charge reasonable service fees to tourists who have been provided with services. Travel agencies provide comprehensive supporting services for tourists, and have the right to collect corresponding remuneration in accordance with the contract between the two parties, and provide tourism products and tourism services that match the quality and price.

(4) Travel agencies have the right to arrange travel activities, determine travel time, travel routes, and travel methods in accordance with the travel contract signed by the two parties.

(5) Travel agencies have the right to collect liquidated damages from tourists who have not participated in tourism activities as agreed in the tourism contract, and have the right to claim compensation from tourists who have caused losses to the travel agency due to their own actions.

obligation

(1) The most basic obligation of a travel agency is to protect the safety of tourists' personal and property. The tourism products and services provided by travel agencies must meet the corresponding national security standards, and have the responsibility and obligation to protect the personal and property of tourists from infringement during the tourism activities.

(2) Travel agencies are obliged to provide tourists with corresponding tourism products and services according to the contract of the tourism contract, and the tourism products and services provided must be of the same price and quality.

(3) Travel agencies are obliged to bear compensation for damage to the legitimate rights and interests of tourists caused by their own faults. Except for force majeure or special provisions of the law, if the legitimate rights and interests of tourists are damaged due to the travel agency's own reasons, the travel agency shall pay compensation.

(4) Travel agencies are obliged to respect the national customs of tourists during tourism activities.

1. Organizer of tourism activities

2. Product sales channels of tourism suppliers

3.Front line in destination tourism

The classification of foreign travel agencies mainly refers to the classification of travel agencies in European and American countries. Travel agencies in European and American countries are mainly divided into two categories

Tourism wholesale operator. Tourism wholesale operators refer to travel agencies or tourism companies that mainly engage in wholesale business. The so-called wholesale business refers to the travel agency, in accordance with its own understanding and forecast of market demand, to order in large quantities the products and services of tourism companies such as transportation companies, restaurants, destination travel agencies, tourist attractions, and other tourist companies. The product portfolio becomes different packaged tour line products or packaged vacation collection products, and finally sold to tourist consumers through certain sales channels.

Travel retailer. A travel retailer is a travel agency that is primarily engaged in retail business. Travel retailers are mainly represented by travel agents, of course, including other related agency booking agencies. Generally speaking, the role of a travel agent is to purchase products on behalf of a customer from a tourism wholesale operator and related travel, lodging, tourism, and entertainment tourism companies. On the other hand, it can also be said that the business of a travel agent is to represent the aforementioned tourism enterprises. Selling their respective products to customers.

Chinese travel agencies were initially divided into: first-class agencies, second-class agencies, and third-class agencies; in charge of: National Tourism Administration and local tourism bureaus;

After 2000, the National Tourism Administration will no longer specifically manage the affairs of travel agencies, leaving it to the local tourism bureau;

Travel agencies are divided into domestic agencies and international agencies after 2000 (international agencies are divided into two types: the right to leave and the right to leave);

At present, travel agencies in various parts of the country are further divided into: group agencies, offices (also known as: wholesalers, distributors, agents, peers), and local agencies;

Group agency: refers to the travel agency at the place of departure and signed a travel contract with the guest;

Local agency: refers to a travel agency that accepts tourists from tour groups at the place of departure;

Office: Refers to the office or agent of the local agency in the city of the departure place. Such an office has no right to operate and is illegal;

Of course, there are some clubs and illegal tourism organizations, they have no relevant qualifications.

Decree of the State Council of the People's Republic of China

(No. 550)

The "Travel Agency Regulations" have been adopted by the 47th Executive Meeting of the State Council on January 21, 2009, and are hereby promulgated, effective as of May 1, 2009.

Premier Wen Jiabao

February 20, 2009

Travel Agency Regulations

Chapter I General Provisions

Article 1 These regulations are formulated 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 tourist market, and promote the healthy development of the tourism industry.

Article 2. These regulations apply to the establishment and operation of travel agencies within the People's Republic of China.

The term "travel agency" as used in these Regulations refers to an enterprise legal person engaged in activities such as soliciting, organizing, and receiving tourists, providing tourists with related tourism services, and developing domestic tourism, inbound tourism, or outbound tourism.

Article 3 The competent tourism administration department of the State Council is responsible for the supervision and management of national travel agencies.

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

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

Article 4: Travel agencies shall follow the principles of voluntariness, equality, fairness, and integrity in their business activities, improve the quality of services, and protect the legitimate rights and interests of tourists.

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

Chapter II Establishment of Travel Agencies

Article 6: Anyone who applies for the establishment of a travel agency to handle domestic tourism and inbound tourism shall meet the following requirements:

(1) Having a fixed place of business;

(2) necessary business facilities;

(3) There is a registered capital of not less than 300,000 yuan.

Article 7 Anyone who applies for the establishment of a travel agency to handle domestic tourism business and inbound tourism business shall submit an application to the tourism administrative department of the local province, autonomous region, or municipality directly under the Central Government or the district-level municipal tourism administrative department entrusted by it, and submit it in accordance with these regulations. Relevant supporting documents specified in Article 6. Issue the travel agency business license to the applicant, and the applicant shall hold the travel agency business license to establish registration with the administrative department for industry and commerce; if it is not permitted, notify the applicant in writing and explain the reasons.

Article 8 If a travel agency has obtained a business license for two years and has not been fined by the administrative organ for infringing on the legitimate rights and interests of tourists, it may apply for outbound tourism business.

Article 9 Anyone who applies for outbound tourism business shall submit an application to the tourism administration department of the State Council or the tourism administration department of a province, autonomous region, or municipality it has commissioned. The tourism administration department that accepts the application shall perform 20 tasks from the date of acceptance of the application. A decision on permission or disapproval is made within the day. If permission is granted, the travel agency business operation license shall be renewed to the applicant. The travel agency shall hold the renewed travel agency business operation license to the industrial and commercial administrative department for registration of change; if it is not permitted, notify the applicant in writing and explain the reasons.

Article 10: When a travel agency establishes a branch, it shall hold a copy of the travel agency's business license to establish registration with the industry and commerce administration at the location of the branch, and file with the tourism administration at the location of the branch within 3 working days from the date of establishment registration.

The establishment of a travel agency branch is not restricted by region. The business scope of the branch shall not exceed the business scope of the travel agency that established the branch.

Article 11: Travel agencies that set up service outlets specifically to attract tourists and provide tourism consulting (hereinafter referred to as travel agency service outlets) shall go through the registration formalities with the administrative department for industry and commerce in accordance with the law and record with the local administrative department for tourism.

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

Article 12 If a travel agency changes its registered items, such as its name, place of business, or legal representative, or terminates its business, it shall go to the administrative department for industry and commerce for corresponding change registration or cancellation of registration, and within 10 working days after the registration is completed , File with the tourism administrative department that originally approved, and renew or return the travel agency business license.

Article 13 A travel agency shall, within three working days from the date of obtaining a travel agency business license, open a special quality deposit account at a bank designated by the tourism administration department of the State Council, deposit the quality deposit, or apply to the licensed tourism administration The management shall submit a bank guarantee that the amount of guarantee obtained in accordance with the law is not less than the corresponding quality guarantee amount.

Travel agencies operating domestic tourism business and inbound tourism business shall deposit 200,000 yuan in quality guarantee; travel agencies operating outbound tourism business shall increase 1.2 million yuan in quality guarantee deposit.

The interest on the quality deposit is owned by the travel agency.

Article 14 Each time a travel agency establishes a branch operating domestic tourism and inbound tourism, it shall deposit an additional 50,000 yuan in its quality deposit account; each establishment of a branch operating an outbound tourism business shall add 30 to its quality deposit account Ten thousand yuan.

Article 15 Under any of the following circumstances, the tourism administrative department may use the quality deposit of a travel agency:

(1) The travel agency violates the travel contract and infringes upon the legitimate rights and interests of tourists, and is verified by the tourism administrative department;

(2) The travel agency loses prepaid travel expenses due to dissolution, bankruptcy, or other reasons.

Article 16 (1) If the people's court's judgment, ruling and other effective legal documents determine that a travel agency has harmed the tourist's legitimate rights and interests, and the travel agency refuses or is unable to compensate, the people's court may allocate compensation from the travel agency's quality deposit account.

Article 17 If a travel agency has not been fined by the administrative agency for fines infringing on the legitimate rights and interests of tourists within three years from the date of payment or replenishment of the quality deposit, the tourism administrative department shall reduce the deposit amount of the travel agency's quality deposit by 50% and submit Social announcement. Travel agencies can reduce their quality deposits with vouchers issued by the tourism administrations of provinces, autonomous regions and municipalities.

Article 18 Travel agencies that use quality deposits to compensate tourists for their losses or reduce the quality deposits in accordance with the law and who have been fined by the administrative organs for infringing on the legitimate rights and interests of tourists must be fined by the administrative department of tourism. Make up the quality deposit within 5 working days from the date of notification of the quality deposit.

Article 19 If a travel agency ceases to engage in tourism business, it shall obtain a quality guarantee deposit from the bank on the basis of the voucher issued by the tourism administrative department.

Article 20: The specific administrative measures for the deposit and use of quality guarantee deposits shall be separately formulated by the tourism administrative department of the State Council and the financial department of the State Council together with relevant departments.

Chapter III Foreign-Invested Travel Agencies

Article 21 The provisions of this chapter shall apply to foreign-invested travel agencies; if there are no provisions in this chapter, other relevant provisions of these regulations shall apply.

The foreign-invested travel agencies mentioned in the preceding paragraph include Chinese-foreign joint venture travel agencies, Chinese-foreign cooperative travel agencies and foreign-funded travel agencies.

Article 22 (1) For the establishment of a foreign-invested travel agency, the investor shall submit an application to the tourism administration department of the State Council and submit relevant certification documents that meet the conditions stipulated in Article 6 of these regulations. The tourism administrative department of the State Council shall complete the examination within 30 working days from the date of accepting the application. If it agrees to establish it, it will issue a review opinion on the business license of the foreign-invested travel agency; if it does not agree, notify the applicant in writing and explain the reasons.

The applicant holds the written opinion and articles of association on the business license of the foreign-invested travel agency, and the contract signed by the joint venture and the cooperation party submits an application to the competent commercial department of the State Council for the establishment of a foreign-invested enterprise. The competent commercial department of the State Council shall make a decision on approval or disapproval in accordance with the relevant laws and regulations. If approved, the foreign-invested enterprise approval certificate is issued, and the applicant is notified to obtain the travel agency business license from the tourism administration department of the State Council. The applicant holds the travel agency business license and the foreign-invested enterprise approval certificate for registration with the industrial and commercial administration department. ; If not approved, notify the applicant in writing and explain the reasons.

Article 23 Foreign-invested travel agencies shall not engage in the business of overseas travel of mainland Chinese residents or travel to the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan. However, the State Council has decided or the free trade agreement signed by China and the establishment of Mainland and Hong Kong and Macao Except where arrangements for closer economic and trade relations are otherwise provided.

Chapter IV Travel Agency Operation

Article 24 The travel service information provided by the travel agency to tourists must be true and reliable, and no false publicity may be made.

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

Article 26. Tourism activities arranged or introduced by travel agencies for tourists must 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 tourism. Without the consent of the tourist, the travel agency shall not provide other paid services beyond those stipulated in the travel contract.

Article 28 When a travel agency provides services to tourists, it shall sign a tourism contract with the tourists and specify the following:

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

(2) the name and contact telephone number of the operator of the travel agency;

(3) the place and date of signing the contract;

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

(5) Arrangements and standards for transportation, accommodation and catering services in the tourist itinerary;

(6) The specific content and time of the tour items arranged by the travel agency;

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

(8) Tourist expenses and payment methods that tourists should pay;

(9) the number of shopping arrangements, stay time and the name of the shopping place arranged by the travel agency;

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

(11) Conditions for termination or modification of the contract and time limit for advance notice;

(12) the dispute settlement mechanism in violation of the contract and its responsibilities;

(13) Telephone for supervision of tourism services and complaints;

(14) Other contents agreed upon by both parties.

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

If the travel contract signed between the travel agency and the tourist is not clear or the understanding of the format clauses is in dispute, it shall be interpreted according to the usual understanding. If there are two or more interpretations of the format clauses, an explanation in favor of the tourists shall be made; If the non-formal terms are inconsistent, the non-formal terms shall be adopted.

Article 30: If a travel agency organizes outbound tourism for mainland Chinese residents, it shall arrange for the tour team to accompany the tour leader.

Article 31: Tour guides appointed by travel agencies to receive tourists or leaders assigned to organize tourists' outbound tourism shall hold tour guide cards and team leader cards as required by the state.

Article 32: The employment of tour guides and tour leaders by travel agencies shall sign labor contracts in accordance with the law and pay them no less than the local minimum wage.

Article 33: Travel agencies and their appointed tour guides and team leaders must not:

(1) Refusing to perform the obligations stipulated in the tourism contract;

(2) Itinerary that is not changed due to force majeure;

(3) To deceive and coerce tourists into shopping or to participate in excursions that require additional payment.

Article 34: Travel agencies shall not require tour guides and tour leaders to receive tour teams who do not pay the reception and service fees or pay a fee lower than the cost of reception and service, and shall not require tour guides and tour leaders to bear the relevant costs of receiving the tour team.

Article 35 If a travel agency violates the provisions of the tourism 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 If a travel agency needs to entrust tourism business, it shall entrust the travel agency with corresponding qualifications, obtain the consent of the tourist, and sign an entrustment contract with the entrusted travel agency on the reception of tourists to determine the reception of tourists The various service arrangements and their standards stipulate the rights and obligations of both parties.

Article 37 When a travel agency entrusts tourism business to other travel agencies, it shall pay the commissioned travel agency no less than the cost of hospitality and service; the commissioned travel agency shall not accept tourism that does not pay or insufficiently pays for the hospitality and service. team.

If the entrusted travel agency breaches the contract and causes damage to the legitimate rights and interests of the tourist, the entrusted travel agency shall bear corresponding compensation liability. After making the entrusted travel agency compensation, it can recover the entrusted travel agency.

The commissioned travel agency shall bear joint and several liability if it intentionally or grossly negligently causes damage to the legitimate rights and interests of tourists.

Article 38 Travel agencies shall insure travel agency liability insurance. The specific plan for travel agency liability insurance shall be separately formulated by the tourism administration department of the State Council in conjunction with the insurance supervision and management agency of the State Council.

Article 39 Travel agencies shall make 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, the travel agency and its assigned tour guides and team leaders shall take necessary measures and report to the tourism administration department in a timely manner; if it occurs overseas, it shall also promptly report to the ambassador of the People's Republic of China in that country Consulate, related foreign agencies, local police.

Article 40: If a tourist stays abroad and does not return, the leader assigned by the travel agency shall report to the travel agency, the embassy or consulate of the People's Republic of China in the country, or relevant foreign agencies in a timely manner. After receiving the report, the travel agency shall promptly report to the tourism administrative department and public security organs, and assist in providing information on illegal detainees.

When a travel agency receives an inbound tourist, and a tourist illegally stays in our country, it shall promptly report to the tourism administrative department, public security organ and foreign affairs department, and assist in providing the information of the illegal stay.

Chapter V Supervision and Inspection

Article 41: 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. Any illegal acts shall be dealt with in a timely manner.

Article 42: The administrative departments of tourism, industry and commerce and price shall promptly announce to the public the situation of supervision and inspection. The contents of the announcement include the issuance, change, revocation, and cancellation of travel agency business licenses, the illegal operations of travel agencies, the integrity records of travel agencies, and tourist complaints.

Article 43 If a travel agency harms the legitimate rights and interests of tourists, tourists may lodge a complaint with the tourism administration, industry and commerce administration, price department, commerce department, or foreign exchange administration department, and the department receiving the complaint shall follow its duties Investigate and handle in a timely manner, and inform the tourists of the relevant situation of the investigation and processing.

Article 44 Travel agencies and their branches shall accept the supervision and inspection by the tourism administration department of their tourism contracts, service quality, tourism safety, financial books, etc., and submit business and financial information to the tourism administration department in accordance with relevant state regulations. And other statistics.

Article 45 Staff members of the relevant departments of tourism, industry and commerce, prices, commerce, foreign exchange and so on shall not accept any gifts from travel agencies, may not participate in shopping activities or excursions paid by travel agencies, and shall not pass travel agencies for themselves, their relatives or other individuals, Organize for personal gain.

Chapter VI Legal Liability

Article 46 If one of the following circumstances is violated in accordance with the provisions of these regulations, the tourism administrative department or the industry and commerce administrative department shall order it to make corrections, confiscate the illegal income, illegal income of more than 100,000 yuan, and impose more than double the illegal income. A fine of less than 5 times; if the illegal income is less than 100,000 yuan or there is no illegal income, a fine of 100,000 yuan to 500,000 yuan shall be imposed:

(1) Operating domestic tourism business, inbound tourism business, or outbound tourism business without obtaining the corresponding travel agency business license;

(2) The business scope of the branch exceeds the business scope of the travel agency that established the branch;

(3) Travel agency service outlets engage in activities other than solicitation and consultation.

Article 47: If a travel agency transfers, leases, or lends a travel agency business license, the tourism administrative department shall order it to suspend business for 1 to 3 months and confiscate the illegal income; if the circumstances are serious, the travel agency business license shall be revoked. If a travel agency business license is transferred or leased, the tourism administrative department or the industrial and commercial administrative department shall order it to stop illegal operations, confiscate the illegal income, and impose a fine of 100,000 yuan up to 500,000 yuan.

Article 48 (1) In violation of the provisions of these Regulations, the travel agency fails to deposit, increase deposits, make up the quality deposit or submit the corresponding bank guarantee within its prescribed period.

Article 49 (1) In violation of the provisions of these regulations, if a travel agency does not insure the travel agency liability insurance, the tourism administrative department shall order correction; if it fails to do so, the travel agency business license shall be revoked.

Article 50: In violation of the provisions of these regulations, if a travel agency has any of the following circumstances, the tourism administrative department shall order correction; if it fails to do so, it shall be fined up to 10,000 yuan:

(1) Changing the registered items such as the name, place of business, legal representative or termination of business, failing to file a record with the tourism administrative department that originally approved the application within a prescribed period, and renewing or returning the travel agency business license;

(2) failing to file a record with the tourism administration department where the branch is located within the prescribed time limit;

(3) Failure to submit statistical data such as business and financial information to the tourism administrative department in accordance with relevant state regulations.

Article 51 In violation of the provisions of these Regulations, foreign-invested travel agencies are engaged in the business of outbound tourism of mainland Chinese residents, and travel to Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan, or travel agencies operating outbound tourism to organize tourists to the State Council Tourism Administration If the country or region other than the Chinese citizen's outbound tourist destination announced by the competent authority travels, the tourism administrative department shall order it to make corrections, confiscate the illegal income, illegal income of more than 100,000 yuan, and impose one to five times the illegal income. Fines; if the illegal income is less than 100,000 yuan or there is no illegal income, a fine ranging from 100,000 yuan to 500,000 yuan shall be imposed; if the circumstances are serious, the travel agency business license shall be revoked.

Article 52 In violation of the provisions of these Regulations, if tourism activities arranged or introduced by a travel agency for tourists contain content that violates the provisions of relevant laws and regulations, the tourism administrative department shall order corrections, confiscate the illegal income, and impose more than 20,000 yuan A fine of less than 100,000 yuan; if the circumstances are serious, the travel agency business license shall be revoked.

Article 53 (1) In violation of the provisions of these Regulations, if the travel service information provided by a travel agency to tourists contains false content or false propaganda, the administrative department for industry and commerce shall be punished according to law.

In violation of the provisions of this Regulation, if a travel agency solicits tourists at a price lower than the cost of travel, the competent price department shall impose a penalty.

Article 54 (1) In violation of the provisions of these regulations, if a travel agency provides other paid services other than those agreed in the tourism contract without the consent of the tourist, the tourism administrative department shall order correction and impose a fine of 10,000 yuan up to 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 a correction and impose a fine of 20,000 to 100,000 yuan; if the circumstances are serious, it shall be ordered to suspend business for 1 month to 3 months:

(1) Failure to sign a tourism contract with a tourist;

(2) The tourism contract signed with tourists does not contain the matters stipulated in Article 28 of these Regulations;

(3) Entrusting tourism business to other travel agencies without the consent of the tourists;

(4) Entrusting tourism business to travel agencies without corresponding qualifications;

(5) Failing to sign a commission contract with a travel agency that has accepted the commission on matters of receiving tourists.

Article 56 In violation of the provisions of these regulations, if a travel agency organizes outbound tourism for mainland Chinese residents and does not arrange for a tour team to accompany the tour leader, the tourism administrative department shall order correction and impose a fine of 10,000 to 50,000 yuan; Those who do not make corrections shall be ordered to suspend business for 1 to 3 months.

Article 57 (1) In violation of the provisions of these Regulations, tour guides and tour leaders appointed by travel agencies who do not hold tour guide cards or tour guide cards prescribed by the State shall be fined from 20,000 to 100,000 yuan.

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

Article 59 In case of violation of the provisions of these Regulations, in one of the following circumstances, the travel agency shall be ordered to make corrections by the tourism administrative department or the industrial and commercial administrative department, and a fine of 100,000 yuan to 500,000 yuan shall be imposed; The tour leader shall be ordered to make corrections by the tourism administrative department, and a fine of 10,000 to 50,000 yuan shall be imposed; if the circumstances are serious, the travel agency business license, tour guide card or tour leader card shall be revoked:

(1) Refusing to perform the obligations stipulated in the tourism contract;

(2) The itinerary arranged in the tourism contract is not changed due to force majeure;

(3) Deceiving or intimidating tourists to make purchases or participate in excursions that require additional payment.

Article 60 In violation of the provisions of these Regulations, travel agencies require tour guides and tour leaders to receive tour groups that do not pay the reception and service fees, and the paid fees are lower than the cost of the reception and service, or require tour guides and tour leaders to bear The related expenses shall be ordered to be corrected by the tourism administrative department, and a fine of 20,000 yuan up to 100,000 yuan shall be imposed.

Article 61 If a travel agency violates the provisions of the tourism contract and causes the tourist's legitimate rights and interests to be damaged, and the necessary remedial measures are not taken, the tourism administrative department or the industrial and commercial administrative department shall order it to make corrections, and punish those with a price of more than 10,000 yuan but less than 50,000 yuan. Fines; if the circumstances are serious, the tourism administrative department shall revoke the travel agency business license.

Article 62 (1) In case of violation of the provisions of these Regulations, in one of the following circumstances, the tourism administrative department shall order correction and suspend business for 1 to 3 months; if the circumstances are serious, the travel agency business license shall be revoked:

(1) The travel agency fails to pay the reception and service fees to the commissioned travel agency;

(2) The fee paid by the travel agency to the commissioned travel agency is lower than the cost of reception and service;

(3) The commissioned travel agency receives the tourism team that did not pay or underpaid the hospitality and service fees.

Article 63 In violation of the provisions of these Regulations, if a travel agency, its tour guides or team leaders are in any of the following circumstances, the tourism administrative department shall order correction and impose a fine of 20,000 yuan up to 100,000 yuan on the travel agency; A fine of 4,000 yuan to 20,000 yuan shall be imposed on tour guides and tour leaders; if the circumstances are serious, the travel agency shall be ordered to suspend business for 1 to 3 months, or the travel agency business license, tour guide card, and tour leader certificate shall be revoked:

(1) In the case of a situation that endangers the personal safety of tourists, failing to take necessary measures and report in a timely manner;

(2) The travel agency organizes outbound tourists illegally stranded overseas, and the travel agency fails to report and assist in providing information of the illegal stay in a timely manner;

(3) The travel agency receives inbound tourists illegally stranded in the territory, and the travel agency fails to report and assist in providing the information of the illegal stay in a timely manner.

Article 64 If a criminal penalty is imposed for obstructing the management of a country's (border) border, it shall not be allowed to engage in travel agency business operations within five years from the date of execution of the penalty; if a travel agency is revoked from its travel agency business license, its principal person shall Within five years from the date on which the business license is revoked, he shall not be the principal person in charge of any travel agency.

Article 65 If a travel agency violates the provisions of these regulations and damages the tourists' legal rights and interests, they shall bear the corresponding civil liability; if a crime is constituted, criminal liability shall be investigated in accordance with the law.

Article 66 (1) In violation of the provisions of these regulations, if the tourism administration department or other relevant departments and their staff members have any of the following circumstances, the person in charge directly responsible and other persons directly responsible shall be punished according to law:

(1) failing to deal with the illegal acts in a timely manner;

(2) Failure to publicly announce the supervision and inspection of the travel agency;

(3) failing to deal with tourists' complaints in a timely manner and inform the tourists of the relevant situation of investigation and processing;

(4) Accepting gifts from travel agencies;

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

(6) seeking personal gain for themselves, relatives or friends or other individuals or organizations through travel agencies.

Chapter VII Supplementary Provisions

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

Article 68: These regulations come into effect on May 1, 2009. The "Regulations on the Administration of Travel Agencies" promulgated by the State Council on October 15, 1996 were repealed simultaneously.

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