What is it about Beijing's legislation to crack down on illegal day trips?

The thirty-eighth meeting of the Standing Committee of the 14th Beijing Municipal People's Congress passed the Beijing Tourism Regulations on 26th, and passed legislation to crack down on "illegal day trips". According to the regulations, no unit or individual is allowed to distribute, hang, scribble or post advertisements for one-day tours in public places without authorization. The regulations regulate tourism shopping, and it is clear that travel agencies should sign written contracts with tourists when they designate specific shopping places or arrange paid tourism projects. This regulation will come into effect on August 1 this year.

Li Xiaojuan, deputy director of the Legal Affairs Committee of the Beijing Municipal People's Congress, said that Article 24 of the second draft of the revised draft stipulated that an electronic travel itinerary management system should be implemented for group travel activities. In view of the fact that some travel agencies and tour operators failed to record team travel activities and provide services according to the electronic travel itinerary during the trial operation of the electronic travel itinerary management system, the Legal Affairs Committee suggested adding the content that "travel agencies, tour guides, tour operators and their drivers, scenic spots and scenic spots should provide relevant services according to the electronic travel itinerary" in the second paragraph of this article.

In view of the "one-day tour", Article 53 of the Regulations clearly stipulates that no unit or individual may carry out the following acts:

(a) without obtaining the travel agency business license, tourist passenger business license and tour guide card, engaged in one-day tour business services; (2) distributing, hanging, scribbling or posting advertisements for one-day tour products in public places without authorization; (three) the use of travel agencies, tourism distribution centers, bus passenger transport enterprises and other names. , using bus stop signs, the Internet, tourist maps and other media or publishing false information about one-day trips in hotels, stations and other public places to illegally attract customers; (4) Illegally attracting tourists at unreasonably low prices, asking tourists for fees beyond those stipulated in the contract during the travel itinerary, and tricking, forcing or forcing tourists to participate in shopping activities or pay for travel projects separately; (5) changing the itinerary or suspending service activities without authorization, leaving the group or leaving the guest; (6) Chasing and intercepting tourists, asking for articles and peddling goods or services in and around scenic spots; (7) One-day tour violations stipulated by other laws and regulations.

In case of violation of Article 53, the regulations clarify the legal responsibilities that should be borne.

Li Xiaojuan said that illegal day trips include both illegal subjects and illegal acts, and the subjects are complex and diverse. In order to improve the effectiveness of cracking down on illegal day trips, Article 80 of the second draft of the revised draft stipulates legal responsibilities in two paragraphs: the first paragraph stipulates that if there are provisions in the upper-level laws and local regulations of this Municipality related to the listed illegal acts, the provisions of relevant laws and regulations shall prevail; The second paragraph makes a general provision and clarifies the legal responsibilities that should be borne in the absence of other laws and regulations, so as to ensure that all illegal acts can be punished.

According to the provisions of the second paragraph of Article 80, in violation of the provisions of Article 35 of this Ordinance, the relevant administrative departments of tourism, industry and commerce, transportation, urban management and law enforcement shall order it to make corrections, confiscate the illegal income, and impose a fine of 654.38 million yuan or more and 654.38 million yuan or less; If the illegal income is more than 6,543,800 yuan, a fine of 654.38+ 0 times but less than 5 times of the illegal income shall be imposed; Impose a fine of more than 2000 yuan and less than 20 thousand yuan on the relevant responsible personnel; If a crime is constituted, criminal responsibility shall be investigated according to law.

In addition, Article 55 of the Regulations proposes that if there are many similar scenic spots in this city, such as the Great Wall and the Ming Tombs, or there are many similar scenic spots in the scenic spot, the travel agency shall clearly indicate the specific name of the scenic spot or scenic spot in the travel contract and include it in the paid scenic spot in the travel itinerary. If no tour is arranged, it shall be indicated in the contract.

The regulations are also divided into chapters to regulate tourism and shopping. If it is clear that a travel agency designates a specific shopping place or arranges other paid tourism projects, it shall sign a written contract with the tourists.

Article 44 of the Regulations proposes that shopping places for group tours and business places for paid tours should be open to the public at the same time. In violation of these regulations, it is not open to the public other than group tourists, and the administrative department for industry and commerce or other relevant departments shall order it to make corrections and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification.

In addition, article 47 of the Regulations points out the following paragraphs:

After consultation with tourists or at the request of tourists, travel agencies shall sign a written contract if they designate a specific shopping place or arrange additional paid tourism projects; The travel agency shall clearly indicate to the tourists the specific shopping places, travel items to be paid separately, possible consumption risks and other basic information;

When tourists buy goods in specific shopping places specified in the preceding paragraph, the sellers adulterate the goods, pass the fake off as the real one, pass the inferior one as the good one, or sell invalid or deteriorated goods. Tourists can request the travel agency to return the goods within 30 days from the end of the tour. If the purchased goods cause damage to tourists, tourists can ask the travel agency to pay compensation in advance; After compensation, the travel agency has the right to recover from the commodity seller;

Without the written consent of the tourists, if the tour guide adds additional paid tourist items or shopping places without authorization in the name of dining and inspection, the travel agency shall bear the liability for breach of contract in accordance with the provisions of the preceding paragraph.

In addition, the regulations also put forward requirements for tourism supervision and management. Li Xiaojuan said, considering that in practice, the contents of tourists' complaints also include reports of illegal acts, and complaints and reports may be based on civil disputes, so it is difficult to clearly define the boundaries between the three. The Legal Affairs Commission suggested simplifying the contents of this paragraph to make the handling time limit and procedures of the unified accepting institution more clear.

Paragraph 2 of Article 6 1 of the Regulations stipulates that after receiving complaints and reports from tourists, the unified acceptance agency shall promptly investigate and deal with them. In accordance with the division of responsibilities for comprehensive law enforcement in tourism, if it should be investigated and handled by other departments, it shall be transferred to the relevant administrative departments for handling within three working days. The unified acceptance institution shall inform the tourists of the transfer. The relevant administrative departments shall inform the tourists of the handling situation.