Does the travel agency have to ask the tourists for permission to join the tour?

Yes, when the travel agency cannot form a tour group because the number of tour groups does not reach the benchmark, it must obtain the written consent of the tourists before it can form a tour group. Article 63 of the Tourism Law stipulates that if a travel agency attracts tourists to travel in groups and cannot leave the group because it does not reach the agreed number, the group agency may terminate the contract. However, tourists should be notified at least 7 days in advance for domestic tourism and at least 30 days in advance for outbound tourism. If you can't leave the group because you don't reach the agreed number, with the written consent of the tourists, the group agency may entrust other travel agencies to perform the contract. The package travel agency is responsible for tourists, and the entrusted travel agency is responsible for the package travel agency. If the tourists don't agree, they can cancel the contract. If the contract is terminated due to the failure to reach the agreed number of tour groups, the package tour agency shall refund all the fees charged to the tourists.