What impact will the promulgation of the "Tourism Law" have on tourism shopping?

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What impact does the promulgation of the "Tourism Law" have on tourism shopping:

1. For the entire tourism industry, the biggest impact is on the designated shopping spots of travel agencies.

Shopping spots that are attached to scenic spots have little impact, while shopping spots that are completely attached to tourist groups have a big impact. This kind of shopping spots are often located in the middle of two scenic spots, located in remote areas, and are completely driven by tourist groups. The introduction of the new tourism law will inevitably make it difficult for most of them to survive and relocate.

2. For many tour guides (non-scenic spot tour guides and overseas tour leaders), the introduction of the new tourism law is out-and-out bad news.

Travel agencies shall conclude labor contracts with the tour guides they employ in accordance with the law, pay labor remuneration and pay social insurance fees. If a travel agency temporarily hires a tour guide to provide services to tourists, it shall pay the tour guide in full the tour guide service fees specified in paragraph 3 of Article 60 of this Law. When a travel agency arranges for a tour guide to provide services for a group tour, it shall not require the tour guide to advance or charge any fees to the tour guide.

3. For travel agencies, there are two aspects that have the greatest impact:

1. The era of affiliation has passed

Article 30: Travel agencies are not allowed to rent out , Lending a travel agency business license, or illegally transferring a travel agency business license in other forms.

The accreditation problem is the most deformed and serious problem in the travel agency industry. It seems that this time the knife has really been taken. Affiliation has always been on the edge of the rules. However, with the introduction of the new tourism law, the industry has formed* **Knowledge: The affiliation is dead.

If you don’t know what affiliation is, please search it yourself. The existence of affiliation phenomenon is a problem of travel agency’s access threshold. The cost of affiliation is only tens of thousands a year, but it costs hundreds of thousands to register a travel agency.

For international travel agencies, the registered capital must be no less than RMB 1.5 million; for domestic travel agencies, the registered capital must be no less than RMB 300,000.

Although the affiliate method is dead, you still have to eat. It’s just a matter of standing or kneeling. In order to expand the market and pursue profits, travel agencies will definitely recruit many of them and set up branches. department. Although they were deprived of the qualification to launch an independent regiment, those businessmen would definitely play the rules well and upgrade the field army to a regular army. After all, the impact is too wide, and it is unrealistic to comprehensively rectify the affiliated phenomenon.

2. The era of pure fun has arrived

Travel agencies are not allowed to organize tourism activities at unreasonable low prices, induce or deceive tourists, and obtain profits by arranging shopping or paying for additional travel projects. Kickbacks and other illegitimate benefits.

Pure play is a very simple concept that was proposed very early. However, with the promulgation of the new tourism law, the real era of pure play has been delayed.

Of course it may be called something else, I’m not sure, but low-price tours are dead and it’s common knowledge that tour fees will increase. There will be more and more tourist groups that do not want to shop or enter the store. The era of quality first and price later has arrived.

3. The Tourism Law will be officially implemented on October 1. According to the law, travel agencies are not allowed to designate specific shopping venues and are not allowed to arrange additional paid tours. Many travel agencies in Beijing said that before the implementation details of the "Tourism Law" are released, they will temporarily adopt a "one-size-fits-all" approach to cancel shopping links.

This year’s National Day is also the first test of the Tourism Law on the tourism market. The reporter visited many travel agency stores in Beijing over the past few days and found that the prices of almost all routes for group tours have been adjusted, with the largest increase of more than 100%.

The National Day will focus on investigating and punishing "zero negative tour fees" etc.

On the 27th, the relevant person in charge of the National Tourism Administration stated that during the National Day, the national tourism department will send more than 4,000 people to investigate the "Tourism Conduct overt and covert inspections to implement the Law. Focus on investigating and dealing with the ten major problems such as "travel agencies operating without licenses and zero negative tour fees", "forced and disguised forced consumption", "tour guides and leaders soliciting business for themselves", and "tour guides and leaders not informing them of the civilized tourism code of conduct". Focus on supervision and inspection in Beijing, Chongqing, Shanghai and other places. According to him, after the National Day holiday, a series of typical cases will be launched based on the inspection situation to further clarify the role of the tourism law in industry supervision.

Quotations for group tours generally increased by 20 to 30%

Prices for group tours generally increased after the National Day holiday. The reporter visited many travel agency stores over the past few days and found that prices for almost all routes have been adjusted. The price adjustments for group groups in Southeast Asia, Taiwan, Hong Kong and other outbound travel destinations have been the largest. The largest corrections increased by more than 100%, and the average increase was approximately between 20% and 30%.

Taking an 8-day trip to Taiwan as an example, the price quoted by a private travel agency was adjusted from 4,000 yuan in early September to more than 7,000 yuan. The price increases for this route at other travel agencies range from 600 yuan to 1,500 yuan.

"Our tours in September were all full, and the tours in early October have received less than 20 guests so far." Store salesman Lu Xiao told reporters that although the quotation has obviously increased, it is still not good for tourists. It's a good thing. You don't have to pay a penny more when you go overseas, you don't have to go into a store, and you can see more attractions.

According to the store salesperson of Uoxin Travel, routes such as South Korea and Thailand are more expensive than before. “The price increase is not as dramatic as everyone imagined. In fact, it includes tickets, tips and other fees that were previously charged overseas.

He took a ten-day tour of three European countries as an example, "Our price adjustment this time is to include ticket fees for the Louvre, Palace of Versailles, etc." "

Travel agencies temporarily cancel shopping sessions

After the promulgation of the "Tourism Law", can tour groups still shop? Many travel agencies said that in the early stage of the implementation of the "Tourism Law", most travel agencies The choice is “Refuse to Shopping”, and shopping malls and outlets are no longer visible on each store’s itinerary. “Although the Tourism Law states that shopping can be done conditionally, this does not exist on paper. No one can tell for sure. "The relevant person in charge of Haitao Tourism Marketing Department said.

"This arrangement in October is a conservative approach, and it will definitely rely on market adjustment in the end. "The relevant person in charge of Zhongxin Tourism said.

Impact on travel agencies: increasing tourists' free time

"We will adjust the route depending on the situation, such as adding some free time, or arranging more Semi-self-service products, tourists can shop by themselves. "In the October plan of a travel agency, the Japan tour route will extend the visiting time for attractions close to shopping areas, allowing tourists to arrange their own activities in a short time.

A private travel agency's Japan tour products are The meeting time for the return trip will be advanced by 2 hours. The person in charge of the travel agency’s marketing department said that there is a very large outlet near the airport where tourists can have two hours of shopping time. “This is not a designated arrangement. Outlets are also frequent shopping places for locals and do not conflict with tourism laws. ”

In addition, in order to keep the prices of their products as stable as possible, many travel agencies changed their procurement models before the implementation of the "Tourism Law", such as changing previously reserved flight seats to chartered flights by several travel agencies. Purchasing model - This makes air ticket prices less affected by factors such as holidays and policies.

After the cancellation of designated shopping, Haitao Travel has adopted charter flights to resist the price increase. The trend. Charter flights depart from Tianjin Airport, further reducing the transportation costs of group tours. "Before the implementation of the "Tourism Law", air tickets also increased, but charter flights will not increase. "The person in charge of the marketing department said.

Tour guide: The rebates are gone and life is difficult

After the implementation of the "Tourism Law", it will have a great impact on European tour leaders.

Team leader Alan told reporters that part of the income from their European tour would be directly in their own hands, which was better than being paid dead wages at a travel agency.

According to her, the company stopped working in early September. I talked to them separately and also received relevant training on the Tourism Law. According to the previous business methods, every time they took a group trip to Europe, they could earn considerable income by taking customers shopping. "For example, in France, it's big. Let’s give us about 5% for the date, and the local tour guide will also get a rebate. “You can get up to about 20,000 yuan in rebates every month. "

The "Tourism Law" clarifies that tour guides and tour leaders cannot participate in shopping or self-funded project recommendations, and are not allowed to obtain benefits from them. This cuts off their source of kickback income. "There are two ways, one is When you go ashore, you won’t do anything. ”

Alan said that going ashore means working in a travel agency for a dead salary. There is no competition or pressure, but she feels that the travel agency’s salary is too low. “The basic salary is less than 2,000 a month. Without a tour, it is just You can get so much. "

The person in charge of a travel agency told reporters that the salary for tour guides in the industry is generally 1,500 to 2,000 yuan, with a one-day subsidy of 500 yuan for each tour. "Generally speaking, this salary level is acceptable. We also provide the tour guide with five insurances and one housing fund. "

The person in charge said that the implementation of the "Tourism Law" does have an impact on some tour guides, but formal travel agencies and certified tour guides will gradually stay. He said that this part of the ground tour agency is gray After the profit disappears, they will quote the price normally according to the cost, so the increase in tourism prices after the National Day is partly due to this.

Explanation of doubts: "Shopping spots can still be designated through consensus"

"Travel." The "Tourism Law" is about to be implemented, but there are still many misunderstandings, especially "no shopping in the future". Shen Haien, a member of the core drafting team of the "Tourism Law", said that if both tourists and travel agencies reach an agreement, it can be implemented. You can even go shopping at a designated shopping location.

Misunderstanding 1: Travel agencies are following the trend to increase prices

In recent times, some travel agencies have taken the lead in adjusting their business methods in accordance with the relevant provisions of the Tourism Law. , the quotation after October 1 has increased significantly. In this regard, some people believe that the travel agency took advantage of the implementation of the "Tourism Law" to increase prices.

For this reason, the person in charge of the relevant department of the National Tourism Administration said, The rise in group tour prices after the National Day holiday is a return to a rational and normal price level. Previously, group tour prices were very low, mainly because tourists spent more on food, accommodation, and transportation at tourist destinations. It is an unfair business model to make up for it through unfair profits, which is a good thing for travel agencies and is also beneficial to the protection of consumer rights. The tourism prices increased significantly during the "National Day" period. This is caused by the superimposed effect of the implementation of the Law and the peak season of Golden Week.

Misunderstanding 2: Shopping is not allowed when traveling in the future

Some netizens believe that shopping will no longer be possible after the implementation of the "Tourism Law", which is incomprehensible.

In this regard, Shen Haien, a member of the core drafting group of the "Tourism Law", director and associate professor of the Department of Law at Beijing BISU, said that the "Tourism Law" does not say that shopping is completely prohibited. There is nothing wrong with shopping in itself, and shopping is not illegal. The intention of legislators is not to completely stifle shopping during tourism, but to curb bad shopping behaviors and prevent tourism operators from making unfair profits from shopping.

Shen Haien further explained that if both tourists and travel agencies reach an agreement, they can take the store to shop or even designate shopping spots. The prohibited behavior mentioned in the "Tourism Law" refers to the unilateral designation of shopping venues by travel agencies. Directly writing shopping locations in the format contract violates Article 35.

Misunderstanding 3: There is no need to tip the tour guide

Some travel agencies believe that the tour guide service fee is a tip, and tourists can pay it directly to the tour guide.

The person in charge of the relevant department of the National Tourism Administration stated that the tour guide service fee stipulated in the "Tourism Law" is the labor remuneration paid to the tour guide by the travel agency. It is an integral part of the tour group fee and must be included in the package tour contract. It is stated that the tip is collected by the travel agency from the tourist; and the tip stipulated in the "Tourism Law" is a voluntary, additional, direct payment to the tour guide by the tourist because he is satisfied with the tour guide's service.

He said that the "Tourism Law" clearly stipulates that travel agencies and tour guides are not allowed to ask for tips from tourists. But some places have the habit of tipping drivers and tour guides, which is also part of their remuneration and must usually be paid. It is recommended that travel agencies can directly include this fee in the tour group fee, but it should not be collected directly by tour guides and group leaders.

Misunderstanding 4: Group tours will disappear

Some netizens believe that the quotations for group tours have increased, "In the future, independent travel will become the mainstream, and group tours will gradually withdraw from the stage."

He Yong, deputy general manager of the tourism business department of Ctrip.com, believes that compared with independent travel, group tours do not require guests to bother to explore local tourism resources, and provide tourists with accommodation reservations, transportation connections, scenic spot tickets and other aspects. It has comprehensive services and the price of package booking is also more advantageous. It has its own development advantages and soil environment.

In addition to "pure fun", more and more tourists have demands for derivative services, such as taking a look at the environment of local universities while on vacation, or even taking etiquette courses. He Yong said, "Therefore, group tours are bound to not disappear, but will survive and develop in a more quality, diversified, and personalized form."

How to protect your rights if you are defrauded in overseas travel?

(If the tour operator violates the rules, the tour operator shall be held responsible)

The person in charge of the relevant departments of the National Tourism Administration stated that some tourists plan to travel on their own due to unclear understanding of the nature of low-priced tours. Or solve the outbound problem through a travel agency, and then join a low-cost group abroad. He said that in principle, travel contracts signed with overseas travel agencies are not subject to the constraints and protections of the Tourism Law. If there is insufficient evidence to prove that domestic travel agencies have participated in or induced behavior, once a dispute occurs, rights cannot be protected in accordance with the Tourism Law.

Friends who travel frequently know that all overseas tours are handled by local travel agencies. Some people have pointed out that China's "Tourism Law" cannot restrict the behavior of foreign travel agencies. Once you go abroad, no one will control the behavior of travel agencies.

The person in charge of the relevant departments of the National Tourism Administration said that the "Tourism Law" clearly stipulates that "if a breach of contract occurs due to the reasons of the local agency or the performance assistant, the organizing agency shall bear the responsibility." In other words, whether it is an issue involving the local travel agency or the executor who directly provides relevant tourism services, the organizing agency must bear the responsibility.

Therefore, if any problems that occur during the trip are not something that must be resolved at the time, tourists can fully approach the tour operator to take responsibility after returning to their place of residence. Of course, it does not rule out that tourists can negotiate with the local travel agency in a timely manner or complain to the local tourism and related departments. Uncivilized behavior will be stopped promptly.

Will you be detained if you depict cultural relics at will?

(There is no penalty clause in the Tourism Law, and it shall be handled according to relevant laws and regulations)

Regarding the frequent uncivilized situations such as tourists making random carvings on cultural relics at scenic spots, An Jinming, deputy director of the Beijing Municipal Tourism Commission, Introduction: The provisions of Article 13 of the "Tourism Law" set forth standards and norms for tourists.

An Jinming said that the current domestic consequences for uncivilized behavior of tourists are evidence collection and punishment according to the Public Security Management Law and Administrative Penalty Law. Depending on the severity of the case, warnings and fines of 200 to 500 yuan can be imposed. Even detention. In foreign countries, these behaviors are subject to local laws.

Case Study: "Low-price" shopping trip to Hong Kong and Macao is more expensive than group fare

Last year, Ms. Wang, a 58-year-old retired employee, and her lover participated in an 8-year program on the recommendation of an insurance company. A three-day group tour to Hong Kong and Macau costs only NT$1,280 per person. During the rest of the trip, almost every morning was spent on shopping. After all, the couple spent a total of more than 6,000 yuan on this trip.

Article 35 of the "Tourism Law": Travel agencies shall not organize tourism activities at unreasonably low prices to deceive tourists, and obtain kickbacks and other illegitimate benefits by arranging shopping or separately paying for travel items.

Arriving tourists stayed overnight on the tour bus

On February 12, 2013, when a Shenzhen tour group to Hong Kong, Macao and Mainland China arrived in Hong Kong, the Hong Kong travel agency responsible for the reception was unable to arrange hotel accommodation. , more than 20 of the more than 30 group members were forced to spend the night on the tour bus on the evening of the 12th, and the group members complained.

Article 70 of the "Tourism Law": If a travel agency fails to perform its obligations under a package tour contract or performs its contractual obligations inconsistently with the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses in accordance with the law.

A tour guide forced shopping with a knife

On July 4, 2013, a video of a "Beijing tour guide holding a knife and forcing tourists to shop" was widely forwarded and clicked. Netizens claimed that the tour guide was against Tourists chanted "I'll kill you." The incident attracted widespread attention, and on July 9, the "tour guide" involved was controlled by the police. A friend of the tour guide involved said that what he was holding was not a knife but a screwdriver.

Article 41 of the "Tourism Law": Tour guides and team leaders shall strictly implement travel itineraries and shall not induce, deceive, force or force tourists in disguised form to shop or participate in separately paid travel projects.