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

In the event that the travel agency entrusts the reception business in the package tourism contract to another local travel agency with corresponding qualifications, it shall sign a written authorization contract with the local travel agency to specify the rights and obligations of each side, provide the local travel agency with a duplicate of the package tourism contract it has signed with the tourists, and pay the local travel agency an amount that is no less than the reception and service costs. The local travel agency shall provide services according to the package tourism contract and the authorization contract. 

Article 70 If the travel agency fails to perform its obligations agreed in the package tourism contract or perform its contracted obligations in a way that does not conform to the agreement, it shall take the responsibility for breach of contract like continuing to fulfill the contract, adopting remedy measures, making compensation, etc.; in case it causes personal damage or property loss to the tourists, the travel agency shall honor its liability. In the event that the travel agency is competent to fulfill its contracted obligations, yet refuses to do so even upon the request of the tourists, which then causes such serious consequences like harming the tourists’ personal health or retaining the tourists, the tourists may also request the travel agency to pay a sum of compensation between one time and three times the amount of the travel costs. 

In case the package tourism contract cannot be performed or be performed as contracted for the reason of the tourists, which then causes personal damage or property loss to the tourists, the travel agency shall not be held liable. 

The travel agency shall bear corresponding responsibility for any personal damage or property loss caused to the tourists in free time because of the travel agency’s failure to fully fulfill its obligation of giving safety warnings or offering assistance. 

Article 71 In case of any breach of contract for the reason of the local travel agency or the performance assistant, the organizing travel agency shall be held liable, and may, after bearing due liability, claim compensation from the local travel agency and the performance assistant. 

In case of any personal or property damage to the tourists caused by the local travel agency or the performance assistant, the tourists concerned may require the local travel agency or the performance assistant to honor its liability, or require the organizing travel agency to honor its liability; after honoring its liability, the organizing travel agency may claim compensation from the local travel agency or the performance assistant. However, in case the personal or property damage to the tourists is caused by the public transport operator, the public transport operator shall honor its liability, and the travel agency shall assist the tourists in claiming compensation from the public transport operator. 

Article 72 Should any tourist harm the legitimate rights and interests of the travel agency, the performance assistance, tourism practitioners or other tourists in tourism activities or when settling disputes, the same shall bear the compensation responsibility in accordance with the law. 

Article 73 The travel agency shall make travel arrangements following specific requirements of the tourists; in case the travel agency has signed a package tourism contract, yet the tourists request changing the travel arrangements, which then incurs additional fees, such fees shall be borne by the tourists, and the reduced fees shall be returned to the tourists.

Article 74 In the event that the travel agency accepts tourists’ commission, books such tourism services as transport, accommodation, catering, sightseeing and entertainment, and collects commission fees, it shall handle the entrusted affairs by itself. In case of any loss caused to the tourists due to the faults of the travel agency, the travel agency shall bear the compensation responsibility. 

In case the travel agency is commissioned by the tourists to provide such services as designing the travel itinerary, providing tourism information, etc., it shall ensure reasonable and feasible design, as well as timely and accurate information. 

Article 75 Accommodation operators shall provide accommodation services for group tourists as agreed in the tourism service contract. If the accommodation operators fail to provide services according to the tourism service contract, they shall provide accommodation services not lower than the contracted standards, and bear additional fees hence arisen; in the event that the accommodation operators cannot provide services due to force majeure, government measures taken for the sake of public interests, the accommodation operators shall assist in arranging accommodation for the tourists. 

Chapter VI Tourism Safety

Article 76 People’s governments above the county level are responsible for tourism safety. Relevant departments of the people’s governments above the county level shall perform the tourism safety regulatory responsibilities in accordance with the laws and regulations. 

Article 77 The State builds a risk warning system for the safety of tourism destinations. The levels and implementation procedures of risk warnings on the safety of tourism destinations shall be developed by the department in charge of tourism under the State Council along with other relevant departments. 

People’s governments above the county level and relevant departments under them shall take tourism safety as an important part of emergency monitoring and evaluation. 

Article 78 People’s governments above the county level shall incorporate tourism emergency management into the their emergency management system, develop emergency plans, and establish a tourism emergency response mechanism. 

In case of an emergency, local people’s government and relevant departments and institutions under it shall take measures to do the rescue, and help the tourists return to where they depart or any reasonable location designated by the tourists.