Judicial Interpretation of Shopping Agreements under the New Tourism Law

1. The three clauses in Article 35 of the "Tourism Law" are very closely logically related, and the first clause is the key to the entire clause. According to the provisions of the first paragraph, tourist itinerary products shall not be sold at unreasonably low prices, and commercial bribes obtained from "designated shopping" shall not be used to make up for profits. Therefore, as long as the shopping arrangement violates the provisions of the first paragraph, even if it is a shopping separately agreed on a separate paper, it will violate the provisions of Article 35.

The "Tourism Law" does not prohibit shopping, but all the following prerequisites must be met at the same time: ① The selling price of the tourist route must be above a reasonable level, ② It must not be "designated", ③ It is not allowed to go to "specific shopping places" .

2. After full consultation, signing a supplementary agreement for shopping or self-financed items on the premise of equality and voluntariness does not violate legal provisions, but the following principles should be adhered to:

(1) Shopping The price must be open and transparent;

(2) The price must not be significantly higher than the local market price;

(3) Travel agencies should assist tourists in shopping, but must not charge unreasonably low group prices As a bait to trick tourists into shopping during their itinerary.

(4) For the same route, travel agencies should sell it at the same group price, and must not use shopping or additional paid items as contract conditions. For example, if you sign a shopping and additional payment item, the group fee will be reduced. If you do not sign a shopping and additional payment item, the group fee will be increased.

(5) Famous paid attractions should be included in the itinerary and included in the group fee (first ticket) and should not be listed as self-paid items.