Tourism Law of the People’s Republic of China (Full Text) of page 5 | govt.chinadaily.com.cn

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Tourism Law of the People’s Republic of China (Full Text)

Updated: Jun 16, 2017 cnta.gov.cn Print
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Article 44 Scenic spots shall make public their ticket prices, prices for services that are charged separately and the price of packages. Scenic spots shall make public their intention to raise ticket prices six months in advance. 

In case the tickets of several scenic spots or those of different sightseeing sites within one scenic spot are sold in a package, the price of the package shall not exceed the sum of all tickets it contains, and tourists shall have the right to choose from the tickets contained. 

In case the core tourism services in a scenic spot are temporarily not opened to the public or stopped for some reason, a public announcement shall be made for it along with a corresponding reduction in the charges. 

Article 45 A scenic spot shall not receive more tourists than its maximum capacity as approved by the tourism authority. It shall make public its maximum capacity as approved by the tourism authority, develop and implement a tourist flow control plan, and control the number of tourists in ways such as ticket reservation.

When the number of tourists is likely to reach the maximum capacity, the scenic spot shall make an announcement in advance and report the situation to the local people’s government, and the scenic spot and the local people's government shall take timely measures to guide and divert the tourists. 

Article 46 For urban and rural residents who are engaged in tourism operation by making use of their own residences or other conditions in accordance with the law, the relevant management measures shall be developed by governments of the respective provinces, autonomous regions and municipalities. 

Article 47 In order to engage in the operation of high-risk tourism projects like those conducted high up in the sky, at a high speed, or on the water, diving, adventure, etc., one shall first obtain a business license in accordance with relevant regulations of the State.

Article 48 Those who are running travel agency businesses through the Internet shall obtain a business license for travel agency, and clearly display the information of its business license at a prominent place on the homepage their websites. 

Websites releasing information on tourism operation shall ensure the authenticity and accuracy of such information. 

Article 49 Tourism operators providing transport, accommodation, catering and entertainment services for tourists shall act in line with the requirements set by laws and regulations and fulfill their obligations set forth in the relevant contract. 

Article 50 Tourism operators shall ensure that the commodities and services they provide conform to the requirements on personal and property safety. 

Tourism operators having obtained relevant quality standard ratings shall have facilities and services up to the same standard; those having not obtained such quality standard ratings shall not use the titles and signs indicating such ratings.

Article 51 Tourism operators shall not offer or take bribes when selling/buying commodities or services 

Article 52 Tourism operators shall keep confidential the personal information of tourists that they obtain in the process of tourism operation. 

Article 53 Operators engaged in road transport of tourists shall abide by the regulations on road passenger transport safety management, show the dedicated sign for road transport of tourists at a prominent place in the vehicle, and make public at a prominent place in the vehicle information of the operator, the driver, supervision hotline for road transport administration, etc.  

Article 54 Operators of scenic spots and accommodation, when transferring part of their services or spaces to others to provide services such as accommodation, catering, shopping, sightseeing, entertainment, tourism and transport, shall assume joint liability for the losses caused by the operational behaviors of the actual operators. 

Article 55 When organizing and receiving inbound and outbound tourists, tourism operators shall timely report any illegal activity or circumstance that violates Article 16 of this law by the tourists to the public security organ, the tourism authority or Chinese institutions functioning abroad. 

Article 56 The State adopts a liability insurance system for tourism operators such as travel agencies, accommodation service providers, tourism transport service providers and the operators of high-risk tourism activities mentioned in Article 47 of this law in accordance with the level of risks of the tourism activities. 

Chapter V Tourism Service Contract

Article 57 Travel agencies shall sign a contract with tourists when organizing and arranging tourism activities. 

Article 58 Tourism package contracts shall be made and entered into in writing, and shall contain the following items: 

(1) Basic information of the travel agency and the tourists;

(2) Travel itinerary; 

(3) The minimum number of tourists to form a group; 

(4) Arrangements and standards of such tourism services as transport, accommodation and catering;

(5) Specific times and contents of sightseeing, entertainment activities; 

(6) Arrangements of free time; 

(7) Travel expenses, and the time limit for and the way of paying such travel expenses; 

(8) Responsibility for breach of contract and the method of dispute settlement; 

(9) Other matters provided by laws and regulations  or agreed by and between the two sides. 

When signing the package tourism contract, the travel agency shall explain in detail the content listed in paragraphs 2-8 above to the tourists. 

Article 59 The travel agency shall provide the tourists with the travel itinerary before the tour. Travel itinerary is part of the contract. 

Article 60 In case the travel agency entrusts another travel agency with the duty to sell tourism packages and sign package tourism contracts with tourists, it shall clearly indicate the basic information of the entrusting travel agency and the entrusted travel agency in the contract.

In case the travel agency entrusts a local travel agency with the duty of reception set in the package tourism contract, it shall clearly indicate the basic information of the local travel agency in the contract.

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