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Notice of the National Tourism Administration on printing and distributing the Interim Measures for the Organization and Management of National Tourism Quality Supervision and Management Institutions and the Trial Standards for Quality Margin Compensation of Travel Agencies

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Issued by the National Tourism Administration

Promulgated on 19970327

Implementation date: 19970327

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DocumentNo. LbF (1997) No.038

Notice of the National Tourism Administration on printing and distributing the Interim Measures for the Organization and Management of National Tourism Quality Supervision and Management Institutions and the Trial Standards for Quality Margin Compensation of Travel Agencies

Tourism bureaus of all provinces, autonomous regions and municipalities directly under the Central Government, tourism bureaus of cities under separate state planning, tourism bureaus of sub-provincial cities, tourism bureaus of Xinjiang Production and Construction Corps, and tourism bureaus of Suzhou and Guilin: The Interim Measures for the Organization and Management of National Tourism Quality Supervision and Management Institutions and the Trial Standards for Quality Margin Compensation of Travel Agencies are hereby printed and distributed to you, please follow them.

Interim Measures for the Organization and Management of National Tourism Quality Supervision and Management Institutions

In order to safeguard the legitimate rights and interests of domestic and foreign tourists and tour operators and strengthen the supervision and management of the quality of national tourism services, these Interim Measures are formulated in accordance with the Regulations on the Administration of Travel Agencies and the relevant provisions of the National Tourism Administration.

I. Institutional setup

The establishment of the Tourism Quality Supervision and Management Office (hereinafter referred to as the "Quality Supervision Office") follows the principle of grading establishment. National and provincial quality supervision institutes are set up throughout the country, and quality supervision institutes are set up below the prefecture level. The tourism bureaus of provinces, autonomous regions and municipalities directly under the Central Government shall put forward suggestions according to the actual situation of tourism development and report them to the local people's government for decision.

The organization and staffing of the quality supervision institute shall be determined by the Tourism Bureau according to the principle of adapting to needs, streamlining and high efficiency.

Second, the scope of responsibilities

Quality supervision institutions at all levels carry out their work in strict accordance with the scope of duties entrusted or authorized.

The duties of the Quality Supervision Office of the National Tourism Administration are: ① to guide the work of the National Quality Supervision Office; (two) to accept and handle all kinds of tourism quality complaints; (3) Accepting cases of quality margin compensation for international travel agencies established by the central authorities and international travel agencies engaged in outbound tourism business; (4) Directly handling major inter-provincial tourism complaint cases; ⑤ Cooperate with relevant departments to guide the inspection of the national tourism market; ⑥ Cooperate with relevant departments to organize and implement the training and assessment of national tourism quality supervisors.

The responsibilities of quality supervision institutes of provinces, autonomous regions and municipalities directly under the Central Government are: ① to guide the work of quality supervision institutes at all levels in the province; (two) directly handle the major complaints of tourism enterprises in the region and across regions, prefectures, cities and provinces; (3) Accepting the cases of compensation for quality margin of travel agencies collected and managed by the Tourism Bureau of this province (city, district); ④ Carry out tourism market inspection according to authorization.

The scope of duties of quality supervision institutions below the prefecture level shall be determined by the tourism bureaus of provinces, autonomous regions and municipalities directly under the central government.

The quality supervision office of local tourism bureaus at all levels is the jurisdiction of the tourism bureaus at the same level to collect and manage travel agency deposit compensation cases.

Three. Basic working system

1. Quality supervision offices at all levels accept the leadership and supervision of the tourism bureau at the same level; The Tourism Bureau shall bear legal responsibility for the work of its quality supervision office within the scope of entrustment. Quality supervision institutions at all levels also accept the business guidance of quality supervision institutions at higher levels.

2. The National Tourism Administration is responsible for formulating the rules and regulations for the work of the State Quality Supervision Institute. The tourism bureaus of all provinces, autonomous regions and municipalities directly under the Central Government shall formulate specific provisions in their respective regions according to the rules and regulations formulated by the National Tourism Administration. Quality supervision institutions at all levels shall carry out their work according to the rules and regulations of quality supervision.

3. Quality supervision offices at all levels shall promptly handle the complaints accepted; Complaints that are not within the scope of authorization shall be handed over to the relevant departments for handling within seven days.

4. Quality supervision institutes at all levels shall decide to compensate the travel agency for the quality deposit, which shall be approved by the person in charge of the Tourism Bureau.

5 quality supervision institutions at all levels to carry out market inspection and administrative law enforcement, must be authorized or entrusted according to law.

6 quality supervision institutions at all levels can establish an expert consultation system for major and difficult cases.

7. Quality supervision institutions at all levels shall establish and improve the internal working system according to the entrusted scope of duties.

8. Quality supervision institutes at all levels implement the director responsibility system. The director of the quality supervision institute is appointed by the party group of the Tourism Bureau. The appointment of directors of quality supervision institutes at all levels shall be filed with the quality supervision institute at the next higher level. The quality supervisors equipped by the quality supervision institute shall gradually implement the qualification examination, and the training, examination and qualification of quality supervisors shall be organized and implemented by the relevant departments of the National Tourism Administration in conjunction with the quality supervision institute.

Fourth, others.

These Measures shall come into force as of the date of promulgation. The Interim Measures for the Organization and Management of National Tourism Quality Supervision and Management Institutions (No.1995) issued by the National Tourism Administration 1 July, 1995 shall be abolished at the same time.

Trial standard of quality margin compensation for travel agencies

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Full text of chapter name

Article 1 In order to safeguard the legitimate rights and interests of tourists, this trial compensation standard is formulated in accordance with the Regulations on the Administration of Travel Agencies, the Interim Measures for Compensation for Quality Margin of Travel Agencies and relevant laws and regulations.

Article 2 If a travel agency intentionally or negligently fails to meet the service quality standards agreed in the contract, thus causing economic losses to tourists, the travel agency shall be liable for compensation.

Article 3 Travel agencies shall not be liable for compensation for economic losses caused by force majeure or tourists' own reasons.

Article 4 After receiving the advance payment from tourists, the travel agency shall notify the tourists three days in advance (seven days in advance for outbound travel) if it is unable to make the trip due to the travel agency's reasons, otherwise it shall bear the liability for breach of contract and compensate the tourists for 10% of the advance payment.

Article 5 If the tourists miss the plane (bus or boat) due to the fault of the travel agency, the travel agency shall compensate the tourists for their direct economic losses and compensate 10% of the economic losses as liquidated damages.

Article 6 If the travel activities and service levels arranged by the travel agency do not conform to the agreement and contract, thus causing economic losses to tourists, it shall refund the difference between the contract amount and the actual expenses of tourists and compensate the same amount of liquidated damages.

Article 7 If a tour guide fails to provide tour guide service according to the requirements of the state or the tourism industry for guest service standards, the travel agency shall compensate the tourists for 2 times of the tour guide service fee.

Eighth tour guides violate the contract between travel agencies and tourists, and damage the legitimate rights and interests of tourists. Travel agencies should compensate tourists.

1. If the tour guide changes the activity schedule, reduces or changes the tour items without authorization, the travel agency shall refund the scenic spot tickets and tour guide service fees and compensate the same amount of liquidated damages.

2. The tour guide violates the agreement and increases catering, entertainment, medical care and other items without authorization, and the travel agency bears all the expenses of the tourists.

3. The tour guide violates the contract or itinerary, increases the number of shopping without authorization, and refunds 20% of the tourists' shopping money each time.

4. The tour guide arranges tourists to shop in shops designated by non-tourism departments without authorization. The purchased goods are fake and shoddy goods, and the travel agency should compensate the tourists for all their losses.

5. If the tour guide peddles goods privately, the travel agency shall fully refund the tourists' shopping money.

6. When the tour guide asks for a tip, the travel agency should pay twice the tip.

Ninth in the process of tourism, the tour guide left the tour team without authorization, causing no one to be responsible for the tourists. The travel agency shall bear the direct expenses such as accommodation incurred by tourists during the tour, and compensate 30% of the total travel expenses as liquidated damages.

Article 10 If the quality of the restaurant arranged by the travel agency does not match the price due to the restaurant, the travel agency shall compensate the tourists for 20% of the meal fee.

Article 11 If the hotel arranged by the travel agency is lower than the grade agreed in the contract due to hotel reasons, the travel agency shall refund the difference between the room rate paid by the tourists and the actual room rate, and compensate the liquidated damages of 20% of the difference.

Article 12 If the transportation arranged by the travel agency is lower than the level agreed in the contract due to the reasons of the transportation department, the travel agency shall refund the difference between the transportation expenses paid by the tourists and the actual expenses, and compensate the liquidated damages of 20% of the difference.

Thirteenth tourist attractions arranged by the travel agency can not be visited because of the scenic spots, the travel agency shall refund the scenic spots tickets and tour guide fees and compensate for the liquidated damages of 20% of the refund fee.

Fourteenth other acts that harm the legitimate rights and interests of tourists, if there are provisions in national laws and regulations, shall be dealt with in accordance with relevant laws and regulations.

Fifteenth quality problems in the process of tourism, travel agencies should first compensate tourists for the losses.

Sixteenth travel agencies have taken the following measures before the occurrence of tourism quality problems, which can reduce or exempt their liability for compensation.

1. Fully explain, remind, advise and warn the tourists about the quality and safety of tourism in advance.

2. The quality problems are unintentional, non-negligent, unpredictable or preventive measures have been taken.

3. After the quality problems occurred, measures have been taken to deal with the aftermath.

Seventeenth National Tourism Administration is responsible for the release, revision and interpretation of margin compensation standards.

Article 18 This standard shall be implemented as of the date of promulgation. The Trial Standard for Compensation for Quality Margin of Travel Agency issued by National Tourism Administration in July 1995 (No.046 of China Travel Service [1995]) shall be abolished at the same time.