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Chapter III of the Measures for the Administration of Shanghai Municipal Travel Agencies

Article 19 (scope of business)

The travel agency shall carry out business activities in accordance with the business scope of the business license, and is prohibited from operating beyond the scope.

Article 20 (express system)

The travel agency shall place the business license and business license in a conspicuous position in the place of business. Travel prices and related fees should be clearly marked.

Article 21 (forms of tourism offer)

The travel agency's tourism offer mainly in the form of all-inclusive tourism, semi-inclusive tourism.

The travel agency promises to implement all-inclusive travel costs, the content of the all-inclusive price should at least include transportation, accommodation, food and beverage, sightseeing tickets and guide services and other costs.

The travel agency promises to implement semi-inclusive travel costs, semi-inclusive price should at least include transportation, accommodation and guide services and other costs.

Article 22 (Contents of Tourism Contract)

The travel agency shall enter into a written tourism contract with the tourists when arranging the tour.

The travel contract generally includes the following contents:

(1) the name and address of the travel agency;

(2) the total price of the tour;

(3) the place of the tour and its schedule;

(4) the type and class of transportation, and the time of the flights (carriages);

(5) the class of accommodation and the type of rooms;

(vi) Names of sightseeing spots and tickets;

(vii) Number and standard of meals;

(viii) Type and number of entertainment;

(ix) Guided tour service;

(x) Number and time of shopping;

(xi) Conditions for termination of the contract;

(xii) Liability for breach of contract;

(xiii) Other contents which both parties (xiii) Other contents deemed necessary to be agreed upon;

(xiv) Place and date of signing.

The conclusion of the outbound travel contract, should also be added to the exit visa procedures, costs.

The travel agency and the traveler to enter into a contract, you can refer to the model contract text provided by the municipal tourism administration.

Article 23 (Fulfillment and Transfer of Tourism Contracts)

After a travel agency concludes a contract with a tourist, it shall fulfill the contract as agreed. The quality feedback form or similar written materials issued by the travel agency to the tourists shall not be taken as proof of its fulfillment or non-fulfillment.

When a travel agency transfers a concluded travel contract to another travel agency, it must obtain the consent of the traveler and may not increase the fee.

The traveler who is unable to make the trip himself may have another person perform the contract on his behalf. Due to the increase in the cost of fulfilling the contract on behalf of the tourists shall be paid by the tourists; the tourists themselves can not make the trip, due to the exit visa and other reasons can not allow others to fulfill the contract on behalf of the tourists shall bear the responsibility for the breach of contract.

Article 24 (Requirements for Travel Agencies to Fulfill Tourism Contracts)

After a travel agency enters into a tourism contract with a traveler, it shall provide services in accordance with the contract, and shall not change the schedule of activities, reduce or increase the number of items to be visited, increase the fees, or arrange for any other tourism consumption activities not agreed upon in the contract without authorization. Travel agency arrangements outside the contract need to charge for tourism projects, should obtain the consent of the traveler and issue service documents.

After the conclusion of the travel contract, the travel agency shall not unilaterally increase the total price of the tour, except when the country adjusts the exchange rate or transportation prices, and the parties to the contract agree that the total price of the tour can be increased under such circumstances.

Article 25 (Force Majeure)

After the conclusion of the contract between the travel agency and the tourists, if the travel agency is unable to fulfill the contract due to force majeure, the travel agency shall be exempted from the responsibility partially or completely according to the effect of the force majeure, unless otherwise stipulated by law.

Article 26 (Default caused by failure to travel)

If both parties to the contract are in default due to failure to travel, the defaulting party shall notify the other party three days in advance for domestic travel; for outbound travel, the defaulting party shall notify the other party seven days in advance. Both parties to the contract may also agree to inform the time in advance. For the liability for breach of contract, the parties have agreed, according to the agreement. No agreement, in accordance with the following standards to assume responsibility for breach of contract:

(a) the defaulting party to notify the other party in accordance with the specified time, shall pay 5% of the total price of the travel contract;

(b) the defaulting party did not notify the other party in accordance with the specified time, shall pay the total price of the travel contract 10% of the liquidated damages.

Losses caused by the breach of contract shall be compensated in accordance with the provisions of relevant laws, regulations and rules.

Article 27 (Compensation in advance)

The travel agency shall bear the responsibility for breach of contract if it fails to provide the relevant services in accordance with the tourism contract; and shall compensate for the losses caused to the tourists in accordance with the law. If the travel contract cannot be performed or cannot be fully performed due to the reasons of other tour operators and causes losses to the tourists, the tourists shall have the right to demand compensation from the travel agency; the travel agency shall have the right to recover the compensation from the tour operators who cause the travel contract to be unfulfilled or incompletely fulfilled after the compensation is made.

The travel agency to the tourists to provide services with fraudulent behavior, should be in accordance with the "Chinese people's rights and interests of consumers and the protection of the law" shall bear the responsibility for damages.

Article 28 (travel insurance)

Travel agencies engaged in tourism business operations, shall be insured travel agency liability insurance. The premiums for travel agencies to take out travel agency liability insurance shall not be listed separately in the sales price.

Travelers can purchase travelers' personal insurance according to actual needs. Travel agencies shall prompt travelers to purchase relevant travelers' personal insurance when concluding travel contracts with travelers.

Article 29 (Tourism Safety)

The travel agency shall guarantee the personal safety of the tourists when organizing the tour.

The situation that may jeopardize the personal safety of the tourists during the tour shall be explained or clearly warned to the tourists in advance, and effective measures shall be taken to prevent the hazards from occurring.

When the personal safety of the tourists are infringed upon, the staff sent by the travel agency shall take effective rescue measures and report to the travel agency organizing the tour in a timely manner; the tour leader outside the country shall also report to the Chinese government's embassies and consulates abroad, and the tourism agencies in foreign countries.

Article 30 (Reporting System)

Travel agencies that organize tours for tourists and have major accidents such as casualties among tourists shall report to the relevant departments within 24 hours after they know the accidents have occurred in accordance with the following provisions:

(1) International travel agencies that have major accidents shall report them to the municipal administrative departments of tourism;

(2) Domestic travel agencies that Major accidents occur, to the registered district or county tourism administrative departments to report. After receiving the accident report of the travel agency, the district or county tourism administrative department shall immediately report to the municipal tourism administrative department.

Article 31 (Requirements for Employment of Personnel)

The travel agency and the operating personnel employed by it shall sign a written contract agreeing on the rights and obligations of both parties.

Operating personnel without the consent of the travel agency, shall not disclose, use or allow others to use the commercial secrets of the travel agency in their possession.

Article 32 (tour leaders, tour guides)

The tour leaders and tour guides employed by the travel agency shall hold the tour leader's license and tour guide's license issued by the state or municipal tourism administration.

The tour leaders and tour guides shall wear badges and carry the tour leader's and tour guide's certificates when they conduct guided tours; they shall arrange the tourists' trips and excursions strictly in accordance with the reception plan determined by the travel agency and shall not increase or decrease the number of tours or discontinue the guided tours without authorization.

Article 33 (Tourism Advertising)

Travel agencies shall issue advertisements in accordance with relevant state laws and regulations, and shall not engage in false advertising, and the services promoted in the advertisements shall not exceed the scope of business.

Where a travel agency publishes advertisements using media such as radio, film, television, newspapers and magazines, it shall indicate the name of the travel agency and the number of its business license; for advertisements representing the business of other travel agencies, the name of the travel agency being represented shall also be indicated.

The production and release of advertisements for outbound tourism business for Chinese citizens shall be handled in accordance with the relevant state regulations.

Article 34 (Special Tourism Programs)

Travel agencies that develop special tourism programs that are dangerous shall go through the approval procedures in accordance with the relevant state regulations.

Article 35 (Selection of Overseas Reception Travel Agencies)

Travel agencies organizing outbound tours for tourists shall select legally registered travel agencies in the relevant countries and regions as the reception travel agencies and sign written contracts.

Article 36 (Prohibition of Unfair Competition and Restrictions on Tips and Kickbacks)

Travel agencies shall not use the following unfair means to engage in the tourism business to the detriment of their competitors:

(1) counterfeiting the registered trademark of other travel agencies;

(2) unauthorized use of the name of other travel agencies;

(3) defamation of other travel agencies' reputation;

(d) entrusting non-travel agency units and individuals to operate tourism business;

(e) other behaviors that disrupt the order of the tourism market.

The employees of travel agencies shall not ask for tips from tourists or accept kickbacks.

Article 37 (Dispute Resolution)

Travelers whose legitimate rights and interests have been harmed or who have disputes with travel agencies may resolve them through the following ways:

(1) negotiation with the travel agency;

(2) requesting the Consumer Protection Commission to investigate and mediate;

(3) filing a complaint with the administrative department of tourism or the administrative department of industry and commerce;

(4) submitting a complaint to the administrative department of industry and commerce;

(5) disrupting other behaviors of the tourist market. Complaints to the administration for industry and commerce;

(d) Referral to arbitration or litigation to the People's Court.

Article 38 (Acceptance of Complaints)

The administrative department of tourism shall make a decision on whether or not to accept the complaint within five working days from the date of receipt of the complaint from the tourists; if it decides to accept the complaint, it shall make a decision on the handling of the complaint and reply to the complainant within 45 days; if the complaint is to be dealt with by other administrative departments, it shall be forwarded to the relevant departments within five working days from the date of receipt of the complaint. department.

Article 39 (Use of Quality Guarantee Deposit of Travel Agencies)

If one of the following circumstances causes losses to the tourists, and the administrative department of tourism accepts the complaint, and considers that the travel agency should make compensation, and the travel agency does not make compensation or is unable to bear the compensation, the travel agency shall use the quality guarantee deposit of the travel agency to make compensation to the tourists in the first place:

(1) The travel agency, through its own fault, fails to meet the service quality standard agreed in the contract. (a) the travel agency through its own fault fails to meet the contractual service quality standards;

(b) the travel agency's service fails to meet the standards set by the state or the industry;

(c) the travel agency's bankruptcy caused by the loss of travelers' prepaid travel fees;

(d) the State Council, the competent authorities in charge of tourism, recognized by the other circumstances.

The quality deposit and the interest generated during the period when the administrative department of tourism is responsible for its management belong to the travel agency; the administrative department of tourism may, in accordance with the relevant provisions of the State, extract a certain percentage of the interest as management fee. Any unit or individual shall not misappropriation of quality assurance deposit.

Travel agency business department of tourism disputes, according to the provisions of the preceding paragraph should be used to travel agency quality deposit compensation, the establishment of the community's location of the district or county tourism administration in the receipt of the business department of the district or county tourism administration issued by the use of quality deposit to be compensated for the notification, it shall be paid in a timely manner; on the use of the quality deposit compensation for the payment of objections by the municipal tourism Administrative department ruling.

Tourism administrative departments to use the travel agency quality assurance deposit on the traveler first compensation is at fault, shall bear the responsibility for compensation.

Article 40 (Statistical Statements)

Travel agencies shall submit statistical statements on time in accordance with the relevant provisions of the administrative department of tourism under the State Council. International travel agencies shall submit statistical reports to the municipal tourism administrative departments; domestic travel agencies shall submit statistical reports to the district and county tourism administrative departments;

Statistical reports shall not provide false data.

Article 41 (file management)

The business files of travel agencies shall be kept by specialized personnel. Among them, the minimum retention period for the files of inbound and outbound travel shall be three years, and the minimum retention period for the files of domestic travel shall be two years.

Article 42 (business management)

Travel agencies shall implement unified personnel, financial, group and travel route management of the business department.

Article 43 (Municipal Association of Travel Agents Industry Supervision)

The Municipal Association of Travel Agents Industry shall supervise the travel agency's business behavior, service quality and price, and supervise the results of the municipal tourism administration for the record.