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

In case a tour guide is provided for the tourists, the fees of the tour guide service shall be clearly indicated in the package tourism contract. 

Article 61 The travel agency shall remind the tourists in a tourism group of purchasing insurance against accidental death or any unexpected injury. 

Article 62 When signing the contract for the tourism package, the travel agency shall inform the tourists of the matters below: 

(1) The circumstances under which tourists shall not participate in tourism activities; 

(2) Safety precautions for tourism activities;

(3) Information on possible exemption of the travel agency from responsibilities; 

(4) Relevant laws, regulations, folk customs and religious taboos at the destination to which the tourists shall pay attention, activities in which the tourists are better not to get involved in accordance with the Chinese law, etc.;

(5) Matters that tourists shall be informed of in accordance with laws and regulations. 

In case any matter mentioned above is involved in the process of fulfilling the contract, the travel agency shall also inform the tourists. 

Article 63 When attracting tourists to form a tourism group yet unable to reach the agreed number of tourists, the organizing travel agency may terminate the contract. However, tourists shall be informed of the termination at least seven days in advance if it is a domestic tour in China, and at least thirty days in advance if it is an outbound tour.

In case the agreed number of tourists to make a tourism group is not reached, the organizing travel agency may entrust another travel agency with the duty to fulfill the contract. The organizing travel agency shall be responsible for the tourists, and the entrusted travel agency shall be responsible for the organizing travel agency. Where the tourists disagree with this, they may terminate the contract. 

In case the contract terminates for the reason that the agreed number of tourists to make a group is not reached, the organizing travel agency shall fully refund the tourists. 

Article 64 Before the tour begins, a tourist may transfer his/her rights and obligations set in the package tourism contract to a third person, and the travel agency shall not refuse it without justification. Fees hence incurred shall be borne jointly by the tourist and the third person. 

Article 65 In case the tourist terminates the contract before the end of the tour, the organizing travel agency shall deduct necessary fees and return the rest of the payment to the tourist.

Article 66 The travel agency may terminate the contract it has signed with the tourist under any of the following circumstances: 

(1) The tourist suffers from infectious diseases which may endanger the health and safety of other tourists;

(2) The tourist carries articles that may endanger public security and does not agree to turn them over to competent authority for disposal;

(3) The tourist is engaged in illegal activities or activities that violate social morality; 

(4) The tourist is engaged in activities which seriously affect rights and interests of other tourists, and would not yield to persuasion and cannot be stopped;

(5) Other circumstances provided by law. 

In case the contract is terminated for any of the circumstances mentioned above, the organizing travel agency shall deduct necessary fees and return the rest of the payment to the tourist concerned. In case some loss has been caused to the travel agency, the tourist concerned shall bear the liability for compensation in accordance with the law. 

Article 67 Events caused by force majeure or events unavoidable even if the travel agency or its performance assistant has reasonably fulfilled their duties, which then affect the itinerary, shall be settled in the following manners: 

(1) If the contract cannot be fulfilled any longer, both the travel agency and the tourists may terminate the contract; in case the contract cannot be fully and completely fulfilled, the travel agency may revise it within a reasonable scope after making an explanation to the tourists; in case the tourists disagree with any revision of the contract, they may terminate the contract.

(2) If the contract is to be terminated, the organizing travel agency shall deduct the fees which have been paid to the local travel agency or the performance assistant and cannot be refunded and return the rest to the tourists; in case the contract is to be revised, additional fees hence incurred shall be borne by the tourists, and the reduced fees, if any, shall be returned to the tourists. 

(3) In the event that the tourists’ personal and property safety is endangered, the travel agency shall take appropriate safety measures, and fees hence arising shall be borne jointly by the travel agency and the tourists. 

(4) In case tourists are retained, the travel agency shall take proper measures to settle them down. Fees for accommodation hence arising shall be borne by the tourists; additional fees incurred on the way back shall be borne jointly by the travel agency and the tourists. 

Article 68 In case the contract is terminated in the travelling process, the travel agency shall assist the tourists in returning to where they depart or to reasonable locations designated by the tourists. In case the contract is terminated because of the travel agency or the performance assistant, the fees incurred on the way back shall be borne by the travel agency.  

Article 69 The travel agency shall fulfill its contracted obligations according to the package tourism contract, and must not alter the travel itinerary and arrangements without the tourists’ consent.