Laws and regulations related to tourism

Nowadays, people's life is very fast and their work pressure is great. Of course, when we finally have a holiday, we should have a good rest. Many people will choose to travel to their favorite cities for a long time, and they also need to abide by the relevant laws of our country when traveling. So, what are the laws and regulations about tourism? Let's take a look together.

I. Tourism laws and regulations

There are mainly Tourism Law of the People's Republic of China, Travel Agency Regulations, Detailed Rules for the Implementation of Travel Agency Regulations, Measures for the Administration of Travel Agency Liability Insurance, Interim Measures for the Administration of Border Tourism, Regulations for the Administration of Tour Guides, Classification and Evaluation of Star Rating in Tourist Hotels, Interim Provisions on Tourist Complaints, etc.

Tourists are subject to laws and regulations such as the Exit and Entry Administration Law of People's Republic of China (PRC), the Passport Law of the People's Republic of China, and the Measures for the Administration of Overseas Travel of China Citizens. Laws and regulations on the development, utilization and protection of tourism resources, such as the Law of People's Republic of China (PRC) on the Protection of Cultural Relics, the Regulations on Scenic Spots and the Regulations on People's Republic of China (PRC) Nature Reserve.

People's Republic of China (PRC) Railway Law, People's Republic of China (PRC) Highway Law, People's Republic of China (PRC) Civil Aviation Law, China Civil Aviation Passenger Baggage International Transportation Rules, Railway Passenger Transportation Compensation Provisions and other tourism transportation laws and regulations. People's Republic of China (PRC) Consumer Protection Law and other laws and regulations to protect the rights and interests of tourists.

Second, the way to protect rights in the event of tourism disputes

1. Negotiate with tour operators.

If tourists encounter travel disputes during the trip, they can communicate with the whole escort, tour leader or tour guide of the tour group organization first. If it can't be solved, he should contact the tour agency again and ask for proper handling. We should reflect our opinions and suggestions to them in time, and then make a decision after hearing the reply from the travel agency.

2. Ask the consumer association for mediation.

The Tourism Law stipulates that consumer associations, tourism complaint handling institutions and relevant mediation organizations should mediate disputes between tourists and tour operators according to law on the basis of mutual willingness. When the consultation between consumers and tour operators fails, they can mediate with tour companies through consumer associations and other institutions.

However, mediation must abide by the principles of voluntariness and legality.

(1) The principle of voluntariness includes two aspects: First, mediation must be conducted on the voluntary basis of both parties; Second, the content of the mediation agreement must be voluntary.

(2) The principle of legality mainly means that mediation work should be based on facts, and on the basis of distinguishing right from wrong, the substantive law should be correctly applied to determine the rights and obligations of both parties. The contents of the mediation agreement shall not conflict with the prohibitive provisions in the civil law, infringe upon the interests of the state and society, violate public order and good customs, or harm the legitimate rights and interests of a third party.

3. Complain to the relevant administrative department.

If consumers need to complain to the tourism management department, they should submit the claim and relevant evidence in time. When writing a claim, we should pay attention to:

(1) objectively and truthfully state the contents of the complained event. The description of the event should be as specific and detailed as possible.

(2) The evidence provided is true and effective. The main evidence includes travel contracts, travel travel itinerary, travel invoices, travel tickets, boat tickets, shopping invoices, certificates issued by the reception unit and other materials that can prove infringement and breach of contract.

(3) The claims for litigation and compensation are legal and reasonable. For the complaints made by tourists, the tourism management department mainly determines the compensation responsibility and amount of travel agencies according to the "Compensation Standard for Service Quality of Travel Agencies" issued by the National Tourism Administration. Therefore, when determining the amount of compensation, tourists should take the responsibility for breach of contract agreed by both parties and the relevant regulations of the management department as the main basis.

4. According to the arbitration agreement reached with the operator, apply to an arbitration institution for arbitration.

When traveling, consumers usually sign travel contracts with travel companies. If there is an arbitration clause in the contract or an agreement is reached with the travel company afterwards, consumers can file an arbitration with an arbitration institution by virtue of the arbitration clause and the arbitration agreement.

5. Bring a lawsuit to the people's court.

Consumers can bring a lawsuit to the court with civil indictment, travel contract and other relevant evidence materials.

3. What are the precautions in tourism dispute cases?

1, attention should be paid to the collection of retained evidence.

When traveling, everyone thinks that you should enjoy the service you deserve since you have paid the money, but sometimes it backfires and unexpected things will happen. For example, a three-star hotel is changed to a two-star hotel, and a luxury bus is changed to an ordinary CMB. Only three of the five major scenic spots were visited, and property was stolen for various reasons, resulting in injuries while visiting the scenic spots. When the above-mentioned tourism disputes occur, you should be a "conscientious person" in the process of rational negotiation with the other party and pay attention to collecting and retaining relevant evidence. If you find that the other party has not fulfilled the contract, you should pay attention to keeping the relevant agreements and written documents signed with the travel agency, mainly including valid documents and materials such as travel contracts, travel itineraries and travel invoices; We should also pay attention to the collection of factual evidence that the rights and interests are infringed during the travel process, provide evidence that the services provided by travel agencies are inconsistent with the contract or the original commitment, such as accommodation bills, tourist tickets, scenic spot tickets, shopping invoices, proof of the reception unit, etc., and collect relevant witness certificates, physical evidence and audio-visual materials.

It should be solved legally through normal channels.

Citizens who have disputes with travel agencies or tour guides in the process of traveling should take reasonable and legal measures to solve the problem while retaining evidence, and should not take excessive actions such as "strike, stop and strike" to prevent expanding losses, bringing unnecessary troubles to themselves and each other and safeguarding their own rights and interests. If you encounter a travel dispute or something unsatisfactory during your trip, you can first communicate with the full-time tour guide or the ground guide of the package travel agency and ask for a solution, or contact the package travel agency to find an effective way to solve the problem. If the travel agency refuses to accept the opinions and holds the collected evidence, it can complain to the complaints department of tourism quality supervision, and if necessary, it can also be solved through legal channels. If the situation is really urgent or needs to be solved on the spot, tourists can complain to the local tourism administration department.

The above gives you a detailed introduction to the relevant contents of tourism laws and regulations. There are many laws and regulations about tourism. No matter tourists, travel agencies, tourist transportation agencies or tourist attractions, they all need to abide by relevant laws and regulations and regulate tourism behavior. If there are any disputes during the tour, they should be settled in time. If you have any legal questions, it is recommended to consult a professional lawyer.