Complete policy text of travel agency regulations

Travel Agency Regulations Article 1 These Regulations are formulated in order to strengthen the management of travel agencies, safeguard the legitimate rights and interests of tourists and travel agencies, maintain the order of the tourism market and promote the healthy development of tourism.

Article 2 These Regulations shall apply to the establishment and business activities of travel agencies in People's Republic of China (PRC).

The term "travel agency" as mentioned in these Regulations refers to an enterprise as a legal person engaged in soliciting, organizing and receiving tourists, providing relevant tourism services for tourists, and carrying out domestic tourism business, inbound tourism business or outbound tourism business.

Article 3 The tourism administrative department of the State Council shall be responsible for the supervision and administration of the national travel agencies.

The tourism administrative departments of local people's governments at or above the county level shall be responsible for the supervision and administration of travel agencies within their respective administrative areas in accordance with their duties.

The relevant departments of industry and commerce, price, commerce and foreign exchange of the people's governments at or above the county level shall, in accordance with the division of responsibilities, supervise and manage travel agencies according to law.

Article 4 Travel agencies shall follow the principles of voluntariness, equality, fairness, honesty and credibility in their business activities, improve service quality and safeguard the legitimate rights and interests of tourists.

Article 5 Trade organizations of travel agencies shall provide services for travel agencies in accordance with their articles of association, play the role of coordination and self-discipline, and guide travel agencies to operate legally, fairly and honestly. Article 6 To apply for the establishment of a travel agency engaged in domestic tourism business and inbound tourism business, the following conditions shall be met:

(1) Having a fixed business place;

(2) Having necessary business facilities;

(3) Its registered capital is not less than 300,000 yuan.

Article 7 To apply for the establishment of a travel agency engaged in domestic tourism business and inbound tourism business, an application shall be submitted to the tourism administrative department of the province, autonomous region or municipality directly under the Central Government where it is located or the municipal tourism administrative department with districts entrusted by it, and relevant supporting documents that meet the provisions of Article 6 of these Regulations shall be submitted. The tourism administrative department that accepts the application shall make a decision of approval or disapproval within 20 working days from the date of accepting the application. If the permit is granted, the applicant shall be issued with the Travel Agency Business License, and the applicant shall go through the establishment registration with the administrative department for industry and commerce with the Travel Agency Business License; If the license is not granted, notify the applicant in writing and explain the reasons.

Article 8 A travel agency that has obtained a business license for two years and has not been fined by the administrative organ for violating the legitimate rights and interests of tourists may apply for operating outbound tourism business.

Article 9 Anyone who applies for outbound tourism business shall apply to the tourism administrative department of the State Council or the tourism administrative departments of provinces, autonomous regions and municipalities directly under the Central Government entrusted by him, and renew the Travel Agency Business License for the applicant in the same way as in Article 7. The travel agency shall go through the change registration with the administrative department for industry and commerce with the renewed Travel Agency Business License; If the license is not granted, notify the applicant in writing and explain the reasons.

Article 10 Where a travel agency establishes a branch, it shall register the establishment with the administrative department for industry and commerce where the branch is located with a copy of the business license of the travel agency, and shall file with the tourism administrative department where the branch is located within 3 working days from the date of establishment registration.

Travel agencies set up branches without geographical restrictions. The business scope of the branch shall not exceed the business scope of the travel agency that set up the branch.

Article 11 When a travel agency establishes a service outlet dedicated to attracting tourists and providing travel consultation (hereinafter referred to as the service outlet of travel agency), it shall go through the registration formalities with the administrative department for industry and commerce according to law and file with the local tourism administrative department.

Service outlets of travel agencies shall accept the unified management of travel agencies and shall not engage in activities other than soliciting and consulting.

Article 12 Where a travel agency changes its name, business premises, legal representative and other registered items or terminates its operation, it shall go through the corresponding registration change or cancellation at the administrative department for industry and commerce, and file with the original licensed tourism administrative department within 10 working days after the registration is completed, and renew or return the travel agency business license.

Article 13 A travel agency shall, within 3 working days from the date of obtaining the Travel Agency Business License, open a special account for quality deposit in a bank designated by the tourism administrative department of the State Council, deposit the quality deposit, or submit a bank guarantee with a legally obtained guarantee amount not less than the corresponding quality deposit amount to the tourism administrative department that made the license.

Travel agencies engaged in domestic tourism business and inbound tourism business shall deposit a quality deposit of 200,000 yuan; Travel agencies engaged in outbound tourism business increased the quality guarantee by 6,543,800 yuan+0.2 million yuan.

The interest on the quality deposit belongs to the travel agency.

Article 14 Every time a travel agency establishes a branch of domestic tourism business and inbound tourism business, it shall add 50,000 yuan to its quality guarantee account; For each branch that operates outbound tourism business, its quality guarantee account should be increased by 300,000 yuan.

Fifteenth in any of the following circumstances, the tourism administrative department may use the quality deposit of the travel agency:

(a) the travel agency violates the travel contract and infringes on the legitimate rights and interests of tourists, which is verified by the tourism administrative department;

(2) Loss of travel expenses paid in advance by tourists due to dissolution, bankruptcy or other reasons.

Sixteenth people's court judgment, ruling or other effective legal documents that travel agencies harm the legitimate rights and interests of tourists, travel agencies refused or unable to compensate, the people's court may transfer compensation from the travel agency quality deposit account.

Article 17 If a travel agency has not been fined by the administrative organ for infringing the legitimate rights and interests of tourists within three years from the date of paying or supplementing the quality deposit, the tourism administrative department shall reduce the amount of the quality deposit of the travel agency by 50% and announce it to the public. A travel agency may reduce its quality deposit with a certificate issued by the tourism administrative department of a province, autonomous region or municipality directly under the Central Government.

Article 18 If a travel agency is fined by the administrative organ for infringing on the legitimate rights and interests of tourists after the tourism administrative department has used the quality deposit to compensate tourists for their losses, or if the quality deposit is reduced according to law, it shall make up the quality deposit within 5 working days from the date of receiving the notice from the tourism administrative department to pay the quality deposit.

Nineteenth travel agencies no longer operate tourism business, with the certificate issued by the tourism administrative department, to get back the quality deposit from the bank.

Twentieth quality margin, the use of specific management measures by the tourism administrative department of the State Council and the financial department of the State Council jointly with the relevant departments. Article 21 The provisions of this chapter shall apply to foreign-invested travel agencies; Where there are no provisions in this chapter, other relevant provisions of this Ordinance shall apply.

The foreign-invested travel agencies mentioned in the preceding paragraph include Chinese-foreign joint venture travel agencies, Chinese-foreign cooperative travel agencies and foreign-funded travel agencies.

Article 22 To establish a foreign-invested travel agency, investors shall apply to the tourism administrative department of the State Council and submit relevant documents that meet the conditions stipulated in Article 6 of these Regulations. The State Council tourism administrative department shall complete the examination within 30 working days from the date of accepting the application. If the establishment is approved, a written opinion on approving the business license of foreign-invested travel agencies shall be issued; If it disagrees with the establishment, it shall notify the applicant in writing and explain the reasons.

The applicant shall submit an application for the establishment of a foreign-invested enterprise to the competent department of commerce of the State Council with the approval opinions and articles of association of the business license of foreign-invested travel agencies and the contract signed by both parties. The competent department of commerce of the State Council shall make a decision on approval or disapproval in accordance with relevant laws and regulations. If it is approved, the approval certificate of foreign-invested enterprise will be issued, and the applicant will be notified to obtain the travel agency business license from the tourism administrative department of the State Council, and the applicant will go through the establishment registration with the administrative department for industry and commerce with the travel agency business license and the approval certificate of foreign-invested enterprise; If it is not approved, it shall notify the applicant in writing and explain the reasons.

Article 23 Foreign-invested travel agencies shall not engage in the overseas travel business of mainland residents in China, and shall not engage in the travel business to Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Province Province, except as otherwise stipulated in the free trade agreement decided by the State Council or signed with China and the Closer Economic Partnership Arrangement between the Mainland and Hong Kong and Macao. Twenty-fourth travel agencies to provide tourists with travel service information must be true and reliable, and shall not make false propaganda.

Twenty-fifth travel agencies engaged in outbound tourism business shall not organize tourists to travel to countries and regions other than China citizens' outbound tourism destinations announced by the tourism administrative department of the State Council.

Twenty-sixth travel activities arranged or introduced by travel agencies for tourists shall not contain contents that violate the provisions of relevant laws and regulations.

Twenty-seventh travel agencies shall not attract tourists with quotations lower than the cost of tourism. Without the consent of tourists, travel agencies may not provide other paid services other than those stipulated in the travel contract.

Twenty-eighth travel agencies to provide services to tourists, should sign a travel contract with tourists and specify the following items:

(a) the name of the travel agency and its business scope, address, telephone number and travel agency business license number;

(2) The name and telephone number of the manager of the travel agency;

(3) The place and date of signing the contract;

(4) The starting point, passing place and destination of the travel itinerary;

(5) Arrangements and standards of transportation, accommodation and catering services in the travel itinerary;

(six) the specific content and time of the tour arranged by the travel agency;

(7) Time and frequency of tourists' free activities;

(eight) the travel expenses and payment methods that tourists should pay;

(nine) the number of shopping trips, the length of stay and the name of the shopping place arranged by the travel agency;

(ten) the tour items and prices that require tourists to pay separately;

(eleven) the conditions for the dissolution or change of the contract and the time limit for advance notice;

(12) The dispute settlement mechanism for breach of contract and its responsibilities;

(thirteen) tourism service supervision and complaint telephone;

(14) Other contents agreed by both parties.

Twenty-ninth travel agencies should make a true, accurate and complete explanation of the specific contents of the travel contract when signing a travel contract with tourists.

If the travel contract signed by a travel agency and a tourist is unclear or the understanding of the standard terms is controversial, it shall be interpreted according to the usual understanding; If there are more than two interpretations of the standard terms, it shall be interpreted in favor of tourists; If the standard terms are inconsistent with the non-standard terms, the non-standard terms shall be adopted.

Thirtieth travel agencies to organize China mainland residents to travel abroad, should arrange a tour leader to accompany them throughout.

Article 31 A travel agency that appoints a tour guide to receive tourists or a tour leader to organize tourists to travel abroad shall hold a tour guide card and a tour guide card prescribed by the state.

Thirty-second tour guides and tour leaders employed by travel agencies shall sign labor contracts according to law and pay remuneration not lower than the local minimum wage.

Thirty-third travel agencies and their appointed tour guides and tour leaders shall not have the following acts:

(a) refusing to perform the obligations stipulated in the travel contract;

(2) Changing the itinerary arranged in the travel contract due to force majeure;

(3) Deceiving or coercing tourists to shop or participate in sightseeing projects that need to be paid separately.

Thirty-fourth travel agencies shall not require tour guides and tour leaders to receive tour groups that do not pay the reception service fee or pay less than the reception service fee, and shall not require tour guides and tour leaders to bear the relevant expenses for receiving tour groups.

Article 35 Where a travel agency violates a travel contract, thus causing damage to the legitimate rights and interests of tourists, it shall take necessary remedial measures and report to the tourism administration department in time.

Article 36 Where a travel agency needs to entrust a tourism business, it shall entrust a travel agency with corresponding qualifications to obtain the consent of tourists, and sign an entrustment contract with the entrusted travel agency to determine the service arrangements and standards for receiving tourists, and stipulate the rights and obligations of both parties.

Article 37 Where a travel agency entrusts its travel business to other travel agencies, it shall pay the entrusted travel agency a fee not less than the reception and service cost; The entrusted travel agency shall not receive a travel team that has not paid or paid the reception service fee in full.

If the entrusted travel agency breaches the contract and the legitimate rights and interests of tourists are damaged, the entrusted travel agency shall bear the corresponding liability for compensation. After entrusting the travel agency with compensation, you can recover from the entrusted travel agency.

If the entrusted travel agency intentionally or negligently damages the legitimate rights and interests of tourists, it shall bear joint and several liability.

Thirty-eighth travel agencies should take out travel agency liability insurance. The specific scheme of travel agency liability insurance shall be formulated separately by the tourism administrative department of the State Council in conjunction with the insurance supervision and administration institution of the State Council.

Thirty-ninth travel agencies should make true explanations and clear warnings to tourists about matters that may endanger the personal and property safety of tourists, and take necessary measures to prevent the occurrence of harm.

In case of endangering the personal safety of tourists, travel agencies and their appointed tour guides and tour leaders shall take necessary measures and report to the tourism administration department in a timely manner; If it happens overseas, it should also be reported to the people of China, China's embassy and consulate in that country, relevant overseas institutions and local police in time.

Fortieth tourists stay abroad, the tour leader appointed by the travel agency shall promptly report to the travel agency, the people of China, the embassy and consulate of China in that country and relevant foreign institutions. After receiving the report, the travel agency shall promptly report to the tourism administrative department and the public security organ, and assist in providing information on illegal residents.

If a travel agency receives inbound tourists who stay illegally in China, it shall promptly report to the tourism administration department, the public security organ and the foreign affairs department, and assist in providing illegal detention information. Forty-first tourism, industry and commerce, prices, commerce, foreign exchange and other relevant departments should strengthen the supervision and management of travel agencies in accordance with the law, and should promptly deal with illegal acts.

Forty-second tourism, industry and commerce, price and other administrative departments shall promptly announce the supervision and inspection to the public. The contents of the announcement include the issuance, alteration, cancellation and cancellation of the business license of the travel agency, the illegal business behavior of the travel agency, the integrity record of the travel agency and the complaint information of tourists.

Article 43 If a travel agency damages the legitimate rights and interests of tourists, tourists can complain to the tourism administration department, the industrial and commercial administration department, the price administration department, the commercial administration department or the foreign exchange administration department, and the department that accepts the complaint shall promptly investigate and handle it according to its duties and powers, and inform the tourists of the relevant information about the investigation and handling.

Article 44 Travel agencies and their branches shall accept the supervision and inspection of tourism contracts, service quality, tourism safety and financial books by the tourism administrative departments, and submit statistical data such as business and financial information to the tourism administrative departments in accordance with relevant state regulations.

Article 45 The staff of tourism, industry and commerce, price, commerce, foreign exchange and other relevant departments shall not accept any gifts from travel agencies, participate in shopping activities or sightseeing projects paid by travel agencies, or seek personal gain for themselves, their relatives and friends or other individuals or organizations through travel agencies. Forty-sixth in violation of the provisions of this Ordinance, any of the following circumstances, the tourism administrative department or the administrative department for Industry and Commerce shall order it to make corrections, confiscate the illegal income, and impose a fine of more than 0 times and less than 5 times the illegal income; If the illegal income is less than 654.38+10,000 yuan or there is no illegal income, a fine of 654.38+10,000 yuan but less than 500,000 yuan shall be imposed:

(1) Operating domestic tourism business, inbound tourism business and outbound tourism business without obtaining the corresponding travel agency business license;

(2) The business scope of the branch is beyond the business scope of the travel agency that established the branch;

(three) travel agency service outlets engaged in activities other than soliciting and consulting.

Article 47 Where a travel agency transfers, leases or lends its business license, the tourism administrative department shall order it to suspend business for rectification for 0 to 3 months, and confiscate its illegal income; If the circumstances are serious, the business license of the travel agency shall be revoked. If the business license of travel agency is transferred or leased, the tourism administrative department or the administrative department for industry and commerce shall order it to stop illegal business, confiscate its illegal income and impose a fine of 654.38+ 10,000 yuan but not more than 500,000 yuan.

Forty-eighth in violation of the provisions of these regulations, the travel agency fails to deposit, increase, supplement the quality deposit account or submit the corresponding bank guarantee within the prescribed time limit, and the tourism administrative department shall order it to make corrections; Refuses to correct, revoke the travel agency business license.

Forty-ninth in violation of the provisions of this Ordinance, the travel agency did not apply for travel agency liability insurance, the same as Article 48.

Fiftieth in violation of the provisions of these regulations, the travel agency has one of the following circumstances, and the tourism administrative department shall order it to make corrections; Refuses to correct, fine 10000 yuan:

(a) change the name, place of business, legal representative and other registered items or terminate the business, and fail to file with the original tourism administrative department within the prescribed time limit, renew or return the travel agency business license;

(two) the establishment of a branch has not been filed with the tourism administrative department where the branch is located within the prescribed time limit;

(three) failing to submit statistical data such as business and financial information to the tourism administrative department in accordance with the relevant provisions of the state.

Article 51 If a foreign-invested travel agency violates the provisions of these Regulations, engages in overseas travel business of mainland residents in China, travels to the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan Province Province, or organizes tourists to travel to countries and regions other than the destinations announced by the tourism administrative department of the State Council, the tourism administrative department shall order it to make corrections, and impose a fine of 654.38 million yuan but less than 500,000 yuan, just like Article 46; If the circumstances are serious, the business license of the travel agency shall be revoked.

Article 52 In violation of the provisions of these Regulations, if the tourism activities arranged or introduced by travel agencies for tourists contain contents that violate the provisions of relevant laws and regulations, the tourism administrative department shall order it to make corrections, confiscate its illegal income and impose a fine of 20,000 yuan to 654.38 million yuan; If the circumstances are serious, the business license of the travel agency shall be revoked.

Fifty-third in violation of the provisions of these regulations, the travel service information provided by travel agencies to tourists contains false contents or makes false propaganda, and shall be punished by the administrative department for industry and commerce according to law.

In violation of the provisions of these regulations, travel agencies attract tourists with quotations lower than the cost of tourism, and shall be punished by the competent price department according to law.

Article 54 If a travel agency, in violation of the provisions of these Regulations, provides other paid services other than those stipulated in the travel contract without the consent of the tourists, the tourism administrative department shall order it to make corrections and impose a fine ranging from 10000 yuan to 50000 yuan.

Fifty-fifth in violation of the provisions of this Ordinance, the travel agency has one of the following circumstances, the tourism administrative department shall order it to make corrections, and impose a fine of 20 thousand yuan to 65438+ 10 thousand yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification 1 month to 3 months;

(a) did not sign a travel contract with tourists;

(two) the travel contract signed with tourists does not specify the matters stipulated in Article 28 of these regulations;

(3) Entrusting the tourism business to other travel agencies without the consent of tourists;

(4) Entrusting the tourism business to a travel agency that does not have the corresponding qualifications;

(five) did not sign an entrustment contract with the entrusted travel agency to receive tourists.

Article 56 If a travel agency, in violation of the provisions of these Regulations, organizes China mainland residents to travel abroad without arranging a tour leader to accompany them throughout the journey, the tourism administrative department shall order it to make corrections and impose a fine of 50,000 yuan to 65,438 yuan; Refuses to correct, shall be ordered to suspend business for rectification 1 month to 3 months.

Article 57 In violation of the provisions of these Regulations, if the tour guides and tour leaders appointed by travel agencies do not hold the tourist guide cards or tourist guide cards prescribed by the state, the tourism administrative department shall order them to make corrections and impose a fine of 20,000 yuan to 6,543.8+10,000 yuan on the travel agency.

Fifty-eighth travel agencies in violation of the provisions of this Ordinance, do not pay labor remuneration to their tour guides and tour leaders, or pay labor remuneration lower than the local minimum wage standard, in accordance with the relevant provisions of the People's Republic of China (PRC) Labor Contract Law.

Fifty-ninth in violation of the provisions of this Ordinance, under any of the following circumstances, the travel agency, the tourism administrative department or the industrial and commercial administrative department shall order it to make corrections and impose a fine of 65438+ 10,000 yuan but not more than 500,000 yuan; For tour guides and tour leaders, the tourism administrative department shall order them to make corrections and impose a fine of 1000 yuan to 50,000 yuan; If the circumstances are serious, the business license, tour guide card or tour guide card of the travel agency shall be revoked:

(a) refusing to perform the obligations stipulated in the travel contract;

(2) The itinerary arranged in the travel contract changes due to force majeure;

(3) Deceiving or coercing tourists to shop or participate in sightseeing projects that need to be paid separately.

Article 60 If a travel agency, in violation of the provisions of these Regulations, requires a tour guide or tour leader to receive a tour group that has not paid the reception service fee, and the fee paid is lower than the reception service fee, or requires the tour guide or tour leader to bear the relevant expenses for receiving the tour group, the tourism administrative department shall order it to make corrections and impose a fine of 20,000 yuan to 654.38 million yuan.

Article 61 If a travel agency violates a travel contract and causes damage to the legitimate rights and interests of tourists and fails to take necessary remedial measures, the tourism administrative department or the administrative department for industry and commerce shall order it to make corrections and impose a fine of 6,543,800 yuan to 50,000 yuan; If the circumstances are serious, the travel agency business license shall be revoked by the tourism administrative department.

Sixty-second in violation of the provisions of this Ordinance, one of the following circumstances, the tourism administrative department shall order it to make corrections, and suspend business for rectification for 0+0 months to 3 months; If the circumstances are serious, the travel agency business license shall be revoked:

(a) the travel agency does not pay the reception service fee to the entrusted travel agency;

(2) The fees paid by the travel agency to the entrusted travel agency are lower than the reception and service costs;

(three) the entrusted travel agency receives the travel team that has not paid or paid the reception and service fees in full.

Sixty-third in violation of the provisions of this Ordinance, the travel agency and its appointed tour guides and tour leaders have one of the following circumstances, the same as Article 57; Impose a fine of more than 4,000 yuan and less than 20,000 yuan on tour guides and tour leaders; If the circumstances are serious, the travel agency shall be ordered to suspend business for rectification 1 month to 3 months, or its business license, tour guide card and tour guide card shall be revoked;

(a) failing to take necessary measures to deal with the situation that endangers the personal safety of tourists and reporting it in time;

(two) the travel agency organized outbound tourists to stay abroad illegally, and the travel agency failed to report in time and assist in providing information on illegal residents;

(three) the travel agency receives inbound tourists who are illegally stranded in China, and the travel agency fails to report in time and assist in providing information about the illegally stranded persons.

Article 64 A person who is subject to criminal punishment for obstructing the administration of the national (border) territory shall not engage in business activities of travel agencies within five years from the date when the punishment is executed; If the business license of a travel agency is revoked, the principal responsible person shall not be the principal responsible person of any travel agency within five years from the date when the business license of the travel agency is revoked.

Article 65 If a travel agency violates the provisions of these Regulations and damages the legitimate rights and interests of tourists, it shall bear corresponding civil liabilities; If a crime is constituted, criminal responsibility shall be investigated according to law.

Sixty-sixth in violation of the provisions of these regulations, the tourism administration department or other relevant departments and their staff members have one of the following circumstances, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law:

(1) Failing to investigate and deal with illegal acts in time;

(2) Failing to announce the supervision and inspection of travel agencies in time;

(3) Failing to handle tourists' complaints in time and informing tourists of the investigation and handling;

(4) Accepting gifts from travel agencies;

(five) to participate in shopping activities or sightseeing projects paid by travel agencies;

(6) Seeking personal gain for oneself, relatives and friends or other individuals or organizations through travel agencies. Article 67 Travel agencies established in the Mainland by investors from Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Province Province shall be governed by these Regulations.

Article 68 These Regulations shall come into force as of May 6, 2009. 1996 10 05 The Regulations on the Administration of Travel Agencies issued by the State Council on June 5438+05 shall be abolished at the same time.