Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Tourism Dispute Cases

(Fa Shi [2111] No.13)

Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Tourism Dispute Cases were adopted at the 1496th meeting of the the Supreme People's Court Judicial Committee on September 3, 2111, and are hereby promulgated and shall come into force as of October 1, 2111.

October 26th, 2111

In order to correctly hear tourism dispute cases and protect the legitimate rights and interests of the parties according to law, according to the General Principles of the Civil Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Consumer Rights Protection Law of the People's Republic of China, the Tort Liability Law of the People's Republic of China and

article 1 tourism disputes mentioned in these provisions refer to contract disputes or infringement disputes arising from tourism between tourists, tourism operators and tourism auxiliary service providers.

"tour operator" refers to a person who runs tourism business in his own name and provides tourism services to the public.

"tourism auxiliary service provider" refers to a person who has a contractual relationship with a tourism operator, assists the tourism operator to fulfill the obligations of the tourism contract, and actually provides tourism services such as transportation, sightseeing, accommodation, catering and entertainment.

these provisions shall apply to disputes arising from tourism between tourists and operators of tourist attractions during their own travel.

article 2 if a travel contract is concluded with a tour operator in the form of a unit, a family or other collective, and a dispute arises in the course of performance, the people's court shall accept the case if the individual tourist files a lawsuit on the travel contract dispute, except that the collective brings a lawsuit in the name of one party to the contract.

article 3 if tourists suffer personal injury or property loss due to the same reason of tour operators, and tourists choose to require tour operators to bear the liability for breach of contract or tort, the people's court shall try the case according to the cause of action selected by the parties.

article 4 if the tour operator breaches the contract due to the reasons of the tour auxiliary service provider, and the tourists only sue the tour operator, the people's court may add the tour auxiliary service provider as a third person.

article 5 if a tour operator has taken out liability insurance and a tourist only sues the tour operator for an insurance liability accident, the people's court may list the insurance company as a third party at the request of the party concerned.

article 6 if a tour operator makes unfair and unreasonable provisions for tourists by means of standard contracts, notices, statements and notices, or relieves or exempts them from the responsibility of harming the legitimate rights and interests of tourists, the people's court shall support the tourists' request that the contents be deemed invalid according to the provisions of article 24 of the consumer protection law.

article 7 the people's court shall support the failure of tour operators and tour auxiliary service providers to fulfill their security obligations, thus causing personal injury and property loss to tourists, and the tourists request the tour operators and tour auxiliary service providers to take responsibility.

The third person shall bear the responsibility for personal injury and property loss caused by the behavior of the third person; The people's court shall support tourism operators and tourism auxiliary service providers who fail to fulfill their security obligations and tourists request them to assume corresponding supplementary responsibilities.

article 8 the people's court shall support tourism operators and tourism auxiliary service providers who fail to fulfill the obligation of informing and warning about tourism projects that may endanger the personal and property safety of tourists, thus causing personal injury and property losses to tourists, and tourists request the tourism operators and tourism auxiliary service providers to take responsibility.

if a tourist fails to provide personal health information related to tourism activities and fulfill the obligation of truthful disclosure as required by the tourism operators and tourism auxiliary service providers, or refuses to listen to the notification and warning of the tourism operators and tourism auxiliary service providers, and participates in tourism activities that are not suitable for his own conditions, resulting in personal injury and property loss during the tourism process, the people's court will not support him.

article 9 the people's court shall support tourism operators and tourism auxiliary services who disclose personal information of tourists or disclose their personal information without the consent of tourists, and tourists request them to bear corresponding responsibilities.

article 11 if a tour operator transfers the tour business to other tour operators, and the tourists do not agree to the transfer, and request to terminate the tour contract and investigate the responsibility of the tour operator for breach of contract, the people's court shall support it.

the people's court shall support the case that a tour operator transfers its tour business to other tour operators without authorization, and tourists suffer damages during the tour, and requests the tour operator who signed a tour contract with it and the tour operator who actually provided the tour service to bear joint liability.

article 11 unless the nature of the contract is not suitable for assignment or it is otherwise agreed in the contract, if a tourist transfers his rights and obligations in the travel contract to a third party within a reasonable period before the start of the travel itinerary, the people's court shall support it.

for the reasons mentioned in the preceding paragraph, the people's court shall support the request of tour operators to tourists and third parties to pay the increased expenses or tourists to ask tour operators to refund the reduced expenses.

article 12 before or during a tour, if a tourist unilaterally cancels the contract, the tourist requests the tour operator to refund the expenses that have not actually occurred, or the tour operator requests the tourist to pay reasonable expenses, the people's court shall support it.

article 13 if the travel contract cannot be fulfilled due to objective reasons not attributable to the tour operators and auxiliary service providers, such as force majeure, and the tour operators and tourists request to cancel the travel contract, the people's court shall support it. If a tour operator or tourist requests the other party to bear the liability for breach of contract, the people's court will not support it. If a tourist requests a tour operator to refund the expenses that have not actually occurred, the people's court shall support it.

if the travel itinerary is changed due to objective reasons that cannot be attributed to the tour operators or auxiliary service providers, such as force majeure, and after obtaining the consent of the tourists, the tour operators request the tourists to share the increased travel expenses or the tourists request the tour operators to refund the reduced travel expenses, the people's court shall support it.

article 14 if tourists suffer personal injury or property loss due to the reasons of tourism auxiliary service providers, and tourists choose to request tourism auxiliary service providers to bear tort liability, the people's court shall support them.

the people's court shall support the tourists who request the tour operators to bear the corresponding supplementary responsibilities when the tour operators fail to make careful choices for the auxiliary service providers.

article 15 if a tour operator who has signed a tour contract entrusts part of his tour business to a tour operator in a tourist destination, and the tourist suffers damage in the course of traveling because the entrusted party fails to fulfill its obligations under the tour contract, the people's court shall support it.

if a tourist operator entrusts a person other than those specified in the preceding paragraph to engage in tourism business, and a tourist brings a lawsuit against the tourist operator, the people's court shall accept it.

article 16 if a tour operator allows others to engage in tourism business under his name, causing personal injury and property loss to tourists, and tourists request the tour operator and the affiliated person to bear joint liability, the people's court shall support it.

article 17 if a tour operator violates the contract by changing the tour itinerary without authorization, omitting tourist attractions, reducing the number of tourist services and lowering the standard of tourist services, the people's court shall support the tourists who request the tour operator to compensate them for the reasonable expenses such as not completing the agreed tourist services.

The people's court shall support the fraudulent acts of tour operators when they provide services, and tourists request double indemnity, a tour operator, to pay for the losses he has suffered.

article 18 if the contract cannot be performed as agreed due to the delay of public transport such as airplanes, trains, liners and intercity passenger buses, and the tourists request the tour operators to refund the expenses that did not actually occur, the people's court shall support it. Unless otherwise agreed in the contract.

article 19 if a tourist suffers personal injury or property loss during the self-arranged activities, and the tour operator fails to fulfill the necessary obligation of prompt and rescue, and the tourist requests the tour operator to bear corresponding responsibilities, the people's court shall support it.

the period of self-arranged activities mentioned in the preceding paragraph includes the period of independent free activities arranged by tour operators, the period of activities in which tourists do not participate in the tour, and the period of personal activities in which tourists leave the team temporarily with the consent of tour guides or tour leaders.

Article 21 If a tourist intentionally leaves the group without the permission of the tour guide or tour leader and suffers personal injury or property loss, the people's court will not support him.

article 21 if a tourist brings a lawsuit for breach of contract and claims compensation for mental damage, the people's court shall inform him to change it into a lawsuit for infringement; If tourists still insist on bringing a lawsuit for breach of contract, the people's court will not support their claim for compensation for mental damage.

Article 22 If the luggage and articles entrusted by a tour operator or a tour auxiliary service provider for tourists are damaged or lost, the people's court shall support the tourists' request for compensation, except for the following circumstances:

(1) The loss is caused by the tourists' failure to take cash, securities and valuables with them without listening to the prior statements or tips of the tour operator or the tour auxiliary service provider;

(2) The loss is caused by force majeure and accidents;

(3) The loss is caused by the fault of the tourists;

(4) The loss is caused by the natural attributes of the articles.

Article 23 If a tourist requests a tour operator to return the following expenses, the people's court shall support it:

(1) The expenses that have been increased because of refusing the shopping activities arranged by the tour operator or the items that have been paid separately;

(2) In the same travel itinerary, the fees increased due to the differences in age and occupation of tourists when tour operators provide the same services.

article 24 if a tourist operator's formalities and certificates are defective due to his fault, or lost or damaged due to his failure to properly keep them, the people's court shall support him if the tourist requests the tourist operator to reissue or assist him to reissue the relevant formalities and certificates and bear the corresponding expenses.

the people's court shall support the tourists who request the tour operators to refund the expenses that have not yet occurred and compensate for the losses because of the above-mentioned acts affecting the tour itinerary.

article 25 if a tour operator designs in advance and provides one or more services such as transportation, accommodation and sightseeing at a certain total price, but does not provide tour guides and tour guides, and tourists arrange their own tours, the people's court shall support the services provided by the tour operator that do not conform to the contract and infringe on the legitimate rights and interests of tourists.

if the legitimate rights and interests of tourists are infringed upon in their self-arranged tourism activities, the people's court will not support them if they request the tourism operators and tourism auxiliary service providers to take responsibility.

article 26 these provisions are not applicable to cases that have been finalized before the implementation of these provisions, and after the implementation of these provisions, the parties apply for retrial or decide to retry in accordance with the procedure of trial supervision.

Macao Special Administrative Region Law No.16/2111

Legal system of lucky gambling in casinos

The Legislative Council enacted this law in accordance with Article 71 (1) and (3) of the Basic Law of the Macao Special Administrative Region.

chapter I

general provisions

article 1

scope and object of this law

1. this law establishes the legal system for operating lucky gambling in casinos in the Macao special administrative region.

2. The main objectives of the legal system of casino lucky gambling operation are to ensure:

(1) the proper operation and operation of casino lucky gambling;

(2) The persons who participate in the monitoring, management and operation of lucky betting in casinos are those who are suitably qualified to hold such positions and undertake such responsibilities;

(3) The operation and operation of lucky gambling in casinos are fair, honest and free from the influence of crime;

(4) The interests of the Macao Special Administrative Region in collecting taxes from casino operations shall be properly protected; And

(5) to promote tourism, social stability and economic development in the Macao Special Administrative Region.

iii. illegal gambling shall be punished according to the special law.

Article 2

Definition

1. As far as this law is concerned,

(1) Mutual betting-betting in which the winners share the total bet amount with each other in proportion to the individual bet amount after deducting the commission, fees and taxes;

(2) Casino-a place and place approved by the government of the Macao Special Administrative Region to conduct such business;

(3) lucky gambling-gambling in which the outcome is uncertain and the gambler relies solely or mainly on luck;

(4) interactive gambling-lucky gambling conducted in the following ways at the same time:

(a) giving or winning a money or other valuable prize according to the relevant rules;

(b) Gamblers enter or participate in gambling through telecommunication tools such as telephone, telephone fax, Internet, data network or video signal and digital data transmission, and pay or agree to pay money or other value for it;

(c) The lottery is a lucky lottery or an electric or motorized gambling machine that is also provided or approved in various casinos in Macau.

(5) Gambling activities offered to the public-gambling activities won only by luck, such as lottery, lottery, lottery, etc.;

(6) Gambling intermediaries-those who promote lucky gamblers in casinos, whose job is to provide gamblers with various conveniences, especially transportation, accommodation, catering and recreation, and receive commissions or other remuneration paid by a contracting company.

2. The word "casino" can only be used by the winning companies engaged in lucky betting.

Article 3

Lucky Gambling

1. Any entity other than the Macao Special Administrative Region that intends to engage in lucky gambling, as well as gambling with electric or mobile gaming machines, must be granted in advance.

2. Lucky gambling and gambling with electric or motorized gaming machines can only be operated in entertainment venues, but this does not affect the provisions of Paragraph 3 of Article 5.

3. The following lucky gambling methods are allowed to operate in the entertainment venue:

-Baccarat;

(2) "railway" baccarat;

(three) blackjack;

(four) twenty-five doors;

(five) Citi dice;

(VI) sic bo;

(No.7) No.12;

(8) Fantan;

(nine) throwing cattle;

(ten) fish, shrimp and crab sic bo;

(eleven) thirteen cards;

(twelve) sparrows;

(thirteen) sparrow baccarat;

(14) sparrow pai gow;

(15th) pinball machine;

(16) Pai Jiu;

(17) Pai Pai Jiu;

(eighteen) wealth, wealth and fairness;

(nineteen) five-card poker;

(twenty) roulette;

(21) eleven or twelve cards for gambling;

(twenty-two) nine jiale;

(23) Taiwan Province Pai Jiu; And

(twenty-four) three public baccarat.

4. Any other kind of lucky gambling must be approved by the Economic and Financial Secretary with external normative instructions after one or more contracting companies apply and express their opinions in the Gambling Supervision and Coordination Bureau.

5. Rules for the implementation of lucky betting shall be established by the Gambling Supervision and Coordination Bureau.