Tourism big data related policies and regulations

The Interim Provisions clarify the scope of online travel platform operators who need to obtain licenses according to law; Strengthened the platform's qualification review, prompt, early warning, supervision, handling, reporting, insurance and other related requirements; The joint and several responsibilities of the platform are clarified. At the same time, according to the Supreme People's Court's judicial interpretation of tourism disputes, the platform provides for civil joint liability.

It is worth noting that the "Interim Provisions" stipulates that no false reservations are allowed, no unreasonable low-cost tours are allowed, and no technology is allowed to be used for price discrimination (big data killing), which responds to a series of previous social hotspots.

Don't kill people with technology big data.

False reservations are not allowed.

In view of the most concerned problem of "big data killing", the Interim Provisions clearly stipulate that online travel operators shall not use big data and other technical means to set differentiated prices for the same product or service for tourists with different consumption characteristics under the same conditions.

Big data will also face a fine of up to 500,000 yuan. Article 35 of the Interim Provisions stipulates that those who violate the provisions of this article shall be punished by the administrative department of culture and tourism at or above the county level in accordance with the provisions of Article 77 of the Electronic Commerce Law of the People's Republic of China. Specifically, the market supervision and management department shall order it to make corrections within a time limit, confiscate the illegal income, and may impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; If the circumstances are serious, a fine of not less than 200,000 yuan but not more than 500,000 yuan shall be imposed.

In terms of data assistance, if the administrative department of culture and tourism requires online tour operators to provide relevant data information of online tour operation services in accordance with the provisions of laws and administrative regulations, online tour operators should cooperate.

In terms of false booking, online travel operators should establish transparent, open and searchable booking channels when providing tourists with online booking of hotels, air tickets, train tickets, boat tickets, venue tickets and other products or services, and must not mislead tourists or make false reservations in any way.

Unreasonable low-cost travel is not allowed.

Visitors' comments shall not be deleted illegally.

Dozens of dollars for a round trip? You may not see it on the online travel platform in the future. In terms of low-cost travel, the Interim Provisions stipulate that online travel operators shall not organize tourism activities at unreasonably low prices and provide trading opportunities.

In order to solve the problems of "deleting and hiding bad reviews" in some platforms, the Interim Provisions also stipulate that platform operators should protect tourists' legal evaluation rights, and must not illegally delete or block tourists' evaluation of platform services and products and services of operators in the platform, and must not mislead, seduce, replace or force tourists to make evaluations.

In terms of credit supervision, the administrative departments of culture and tourism establish credit files of online tourism industry according to law, and incorporate information such as registration information, administrative license, spot check, inclusion in the list of abnormal operations or the list of serious illegal and untrustworthy enterprises, and administrative punishment of online tourism operators into credit records according to law, enjoy credit information of other departments, and impose joint punishment on those who seriously violate the law and lose faith.

Online travel platforms should pay first.

Those who fail to perform their obligations shall bear joint and several liability.

The "Interim Provisions" encourages "paying in advance", stipulating that if there is a dispute between a tourist and an operator in the platform through the platform, or personal or property damage occurs during the performance of the contract, the platform operator shall be responsible for coordinating and solving it. If the coordination fails, the platform operators are encouraged to pay first.

The Interim Provisions also clearly stipulates the joint and several liability of the platform: if the platform operator knows or should know that the online tourism business services provided by the operators and tourism auxiliary service providers in the platform do not meet the requirements of protecting personal and property safety or have other acts that infringe on the legitimate rights and interests of tourists, he shall be jointly and severally liable with the operators and tourism auxiliary service providers in the platform according to law.

If the platform operator fails to review the qualifications of the operators and tourism auxiliary service providers in the online travel platform, or fails to fulfill the safety guarantee obligations for tourists, thus causing damage to tourists, it shall bear corresponding responsibilities according to law.

If a tourist suffers damage due to force majeure or a third party, the online tour operator shall provide timely assistance; If the online tour operators fail to provide timely help and cause damage to tourists, they shall be jointly and severally liable for the enlarged part of the damage.