Measures for Handling Tourist Complaints in Hebei Province (revised in 2022)

Article 1 In order to protect the legitimate rights and interests of tourists and tour operators and handle tourist complaints in a timely and fair manner, these Measures are formulated in accordance with the Tourism Law of the People's Republic of China, the Tourism Regulations of Hebei Province and other laws and regulations, and in combination with the actual situation of this province. Article 2 The term "tourism complaints" as mentioned in these Measures refers to the behavior of tourists who think that tourism operators within the administrative area of this province have harmed their legitimate rights and interests, and lodge complaints with the administrative departments of culture and tourism in written or oral form to handle civil disputes between the two sides.

Tourism operators within the administrative area of this province refer to enterprises and individuals that operate travel agencies, tourist attractions (spots), tourist accommodation facilities, tourist hotels, tourist shops, tourist companies and tourist amusement places within the province. Article 3 The administrative departments of culture and tourism at or above the county level shall be in charge of tourism complaints within their respective administrative areas. Article 4 The duties of the administrative departments of culture and tourism at or above the county level in the work of tourism complaints are:

(a) to implement the relevant national rules and regulations on tourism complaints;

(two) to deal with tourism complaints within their respective administrative areas according to law, and to undertake tourism complaint cases assigned by superiors. Fifth tourism complaints must meet the following conditions:

(1) The complainant has a direct interest in the complaint;

(2) Having a clear respondent, specific complaint requests, facts and reasons;

(3) Belonging to the scope of complaints listed in Article 8 of these Measures. Article 6 The limitation period for a complainant to lodge a complaint with the administrative department of culture and tourism is 90 days, counting from the date of termination of the tourism contract. Complaints exceeding the time limit will not be accepted. Article 7 A complainant shall submit a complaint application to the administrative department of culture and tourism, and submit copies according to the number of people complained, and provide necessary evidence at the same time. If it is really difficult to submit a complaint application, you can make an oral complaint, which will be recorded by the administrative department of culture and tourism and signed by yourself or his client. Eighth of the following acts of tourism operators, the complainant can complain to the administrative department of culture and tourism:

(a) the tour operator fails to perform the contract;

(two) personal injury or property loss caused by the responsibility of the tour operator;

(three) due to force majeure or accidents, the travel contract can not be fulfilled or can not be fully fulfilled, and the complainant and the respondent have disputes;

(four) that tourism operators have fraud, accepting kickbacks, asking for tips and other acts that harm the rights and interests of tourists;

(five) other acts that damage the legitimate rights and interests of the complainant as determined by the national or provincial administrative department of culture and tourism. Article 9 The administrative department of culture and tourism shall, after receiving the complaint application, review it within 5 working days, decide not to accept the application for tourism complaint that does not conform to the provisions of these Measures, and notify the complainant in writing; If it decides to accept the complaint, it shall notify the complainant and the respondent in the form of "Notice of Acceptance of Tourism Complaints".

The following situations are not accepted:

(a) the people's court, arbitration institution, other administrative departments or social mediation institutions have accepted or handled it;

(two) the administrative department of culture and tourism has dealt with it, and there is no new situation or new reason;

(three) does not belong to the responsibility or jurisdiction of the administrative department of culture and tourism;

(four) more than 90 days after the termination of the travel contract;

(five) does not meet the requirements of the provisions of article fifth of these measures;

(six) other economic disputes outside the provisions of these measures.

In case of any of the circumstances specified in Item (3) of the preceding paragraph, the administrative department of culture and tourism shall promptly inform the complainant to complain to the administrative department of culture and tourism or the relevant administrative departments. Article 10 The respondent shall, within 10 days from the date of receiving the notice, put forward the handling opinions and give a written reply to the administrative department of culture and tourism. Under special circumstances, 15 days may be extended with the approval of the administrative department of culture and tourism. Eleventh cultural and tourism administrative departments shall investigate and verify the written reply of the respondent. If the respondent fails to reply within the time limit, it shall be directly handled by the administrative department of culture and tourism, and the respondent shall not hinder the investigation work of the administrative department of culture and tourism. Twelfth cases of tourism complaints are resolved through the following channels:

(a) the respondent and the complainant negotiated settlement;

(2) To reach a mediation agreement under the principle of voluntary mediation by the administrative departments of culture and tourism;

(3) If mediation fails, or the mediation document is not implemented after it takes effect, the complainant may apply to an arbitration institution for arbitration or bring a lawsuit to a people's court in accordance with the provisions of national laws and regulations. Thirteenth cultural and tourism administrative departments shall, within 30 days after receiving the complaint application, handle the cases that meet the acceptance conditions and inform the complainant. Under special circumstances, if an extension is really necessary, the complainant shall be informed of the reasons, but the extension period shall not exceed 30 days. Article 14 These Measures shall come into force as of the date of promulgation.