Tourism Law of the People’s Republic of China – Chapter V

Chapter I General Provisions
Chapter II Tourist
Chapter III Tourism planning and promotion
Chapter IV Tourism operation
Chapter V Travel Services Contract
Chapter VI Tourism Safety
Chapter VII Travel Supervision and Administration
Chapter VIII Tourism Disputes Handling
Chapter IX Legal Liability
Chapter X Supplementary Provisions

Article 57. Travel agent organizing and arranging tourist activities shall enter into contract with tourists.

Article 58. Travel contract shall be paper based, including the following:

(A) Basic information of travel agencies and tourists;

(B) Travel arrangements;

(C) Minimum number of the group;

(D) The arrangements and standard of transportation, accommodation, catering and other travel services;

(E) The specific content and time of the tour and entertainment;

(F) Free time arrangements;

(G) Travel costs and payment method and deadline;

(H) Liability for breach of contract and dispute resolution methods;

(I) Other matters stipulated by laws and regulations and/or matters agreed by both parties.

When establishing packaged tour contract, travel agencies should explain in details to tourists regarding contents of Article 58 (A) to (H).

Article 59. Travel agents should provide travel itinerary to tourists before the start of the travel. The travel itinerary is an integral part of the package tour contract.

Article 60. In case the sale of the package tour products of the travel agent is entrusted by other travel agency, the packaged tour contract shall clearly state the information of the principal and trustee.

In case the travel agent entrusts another travel agent in the destination to receive and serve the tourists, the packaged tour contract shall state the information of the travel agent in the destination.

In case tour guide service is provided for tourists, the tour guide service fee should be clearly stated in the package tour contract.

Article 61. Travel agencies should remind the tourists in the team travel to purchase accident insurance according to the regulations.

Article 62 When establishing a package tour contract with tourists, travel agencies should inform the tourists the following:

(A) Situations in which it is not suitable for tourists to participate in tourism activities;

(b) Safety precautions;

(C) situations in which the responsibilities of travel agents shall be exempted or reduced;

(D) Relevant laws, regulations and customs, religious taboos, other activities not allowed in accordance with the laws of the PRC;

(E) Other matters that should be informed to the tourists in accordance with laws and regulations.

During the contract implementation, in case any of the above items show up, travel agencies should also inform tourists.

Article 63. Travel agent attracts tourists to an organized tour group, in case the total number of tourists does not meet with the required number to form a tour group, the travel agent may terminate the contract. However, in case of domestic tour the travel agent should provide at least seven days ‘notice to tourists; in case of outbound tour the travel agent should provide at least 30 days ‘notice to tourists.

In case the total number of tourists does not meet with the required number to form a tour group, with the agreement of written consent of tourists the travel agent can entrust other travel agent to perform the contract. The entrusted travel agent will be responsible to the principal travel agent; the principal travel agent will be responsible to travel tourists. In case tourists do not agree, contract can be terminated.

In case the total number of tourists does not meet with the required number to form a tour group, tour operators shall refund all fees collected to tourists.

Article 64 Before the start of the travel, tourists can transfer the rights and obligations of the package tour contract to a third-party, travel agent without justified reasons shall not refuse the transfer, the increased costs shall be borne by the tourists and the third-party.

Article 65. Tourists can terminate the contract before the end of the tour, travel agents should will refund to the tourists after deducting the necessary expenses.

Article 66. When one of the following circumstances happens, travel agent may terminate the contract:

(A) Tourists suffering from infectious diseases and other diseases, which may endanger the health and safety of other tourists;

(B) Tourist carrying items endangering public safety and does not agreed to handover to the concerned departments;

(C) Tourist engaged in illegal activities or activities in violation of public morality;

(D) Tourist engaged in activities with serious impacts over other tourists’ interest, and does not discontinue the activities after persuasion;

(E) Other circumstances stipulated by the law.

Termination of the contract due to the above provisions, the tour travel agent should refund to the tourist after deducting the necessary expenses; in respect of relevant damage caused to travel agents, the tourist shall be liable for compensation.

Article 67. In case of force majeure or other event which still cannot be avoided after the travel agent has done the necessary efforts, the travel itinerary cannot be fulfilled, the travel agent shall deal with in accordance with the following conditions:

(A) In case the contract could not be performed, the travel agencies or tourists may terminate the contract. In case the contract can not be completely fulfilled, travel agent can change the contract within reasonable limits after making clarification to tourists; In case tourist do not agree to the change, tourist can terminate the contract.

(B) In case of termination of the contract, the tour agent organizing the tour shall refund to the tourists after deducing the non-refundable fees paid to the receiving agent and other auxiliary persons. In case of contract changes, increased costs shall be borne by the tourists, reduction of costs shall be refunded to tourists.

(C) In case personal safety and property safety is endangered, travel agencies should take appropriate safety measures, costs incurred shall be shared by travel agents and tourists;

(D) In case tourists are stranded, travel agencies shall take appropriate resettlement measures. Increased accommodation costs shall be borne by the tourists; increased return costs shall be shared by travel agent and tourists.

Article 68. In case during the travel the contract is terminated, travel agencies shall assist the tourists to return to the departure or reasonable places designated by the tourists. In case termination of the contract is caused by the travel agents or relevant auxiliary persons, return costs shall be borne by travel agents.

Article 69. Travel agencies should fulfill their obligations in accordance with the agreement of the package tour contract and shall not alter travel arrangements without consent from the tourists.

In case with consent of the tourists, travel agent entrusts the reception business in the package tour contract to the other travel agent with the appropriate qualifications in the destinations, the travel agent and the entrusted travel agent in the destination should enter into a written commission contract stipulating the rights and obligations. The travel agent shall provide a copy of the package tour contract to the entrusted travel agent in the destination. The travel agent shall pay no less than the cost of the reception and service to the entrusted travel agent in the destination. Entrusted travel agent in the destination shall provide services in accordance with the package tour contract and commission contract.

Article 70. In case travel agent does not fulfill the package tour contractual obligations or contractual obligations are not fulfilled in compliance with the contract, the travel agent shall bear the responsibility to continue to perform, to take remedial measures, or make compensation for damages due to the breach of contract; in respect of personal injury or property damage caused to the tourists, the travel agent shall be liable for compensation. Travel agent has the conditions, but refuses to fulfill the contract despite the tourists’ request resulting in the tourists’ personal injury, retention and other serious consequences, tourists can also ask travel agents to pay the travel expenses equivalent to 1 to 3 three times of the travel fee.

Due to the tourists own reasons leading to the package tour contract can not be performed or not performed as agreed, or tourist personal injury, property damage, travel agents do not take responsibility.

During the period in which tourists arrange their own activities, in case travel agent fails to fulfill the responsibility to provide safety tips or the duty of assistance, the travel agent should be held accountable for the tourists personal injury or loss of property.

Article 71. In case the default of contract is resulted by the entrusted travel agent in the destination or auxiliary persons, travel agent can ask for compensation from the entrusted travel agent in the destination or auxiliary persons after fulfilling the responsibilities to the tourists.

In case tourist personal injury or property damage is caused by the entrusted travel agent in the destination or auxiliary persons, tourists can ask for compensation from the entrusted travel agent in the destination or auxiliary persons or the travel agent; travel agent can ask for compensation from the entrusted travel agent in the destination or auxiliary persons after fulfilling the responsibilities to the tourists. However, in case tourist personal injury or property damage is caused by the public transport operators, the public transport operators shall be liable for compensation, travel agencies should assist tourists to claim compensation from the public transport operators.

Article 72. In case tourists cause damage to the legal rights or interests of the travel agency, auxiliary persons, tourism practitioners, or other tourists during the tourist activities or dispute handling, tourists shall be liable for compensation.

Article 73. Travel agents sign the package tour contract with the tourists according to the specific travel arrangement requirements of tourists, in case tourists request to change the travel itinerary, the increased costs shall be borne by the tourists, reduced costs shall be refunded to tourists.

Article 74. In case travel agent is commissioned by the tourists for the booking of travel services such as transportation, lodging, dining, tours, entertainment, and agency fees is charged, the travel agent shall handle the entrusted affair by itself. Due to the fault of the travel agency, losses is caused to tourists, travel agencies should be liable for damages.

In case of travel agencies receiving tourists commission to provide travel itinerary design, travel information, advice and other services, travel agent should ensure that the design is reasonable, feasible with timely information and accurate.

Article 75. Accommodation operators shall provide residential services to team tourists in accordance with the contract. Accommodation operator who fails to provide services in accordance with the travel services contract, shall provide accommodation services in no less than the original standard to tourists, increased costs shall be borne by accommodation operators; In case accommodation service cannot be offered due to force majeure, measures taken due to public interest, accommodation operators shall assist in arranging accommodation for tourists.

This English version of the “Tourism Law of the People’s Republic of China” was translated by ChinaAbout.net editors for reference only.

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