New Tourism Law The new Tourism Law on the return of tourism shopping

1, Interpretation of the new tourism law 2. In what ways does the new tourism law guarantee and promote the construction of civilized tourism 3. The implementation of the new tourism law in China 4. What benefits does the new tourism law have for travel agencies 5. Interpretation of Article 35 of the new tourism law.

The new tourism law came into effect on June 13+00, and on June 20 10, the interpretation is detailed, and Baidu library is rich.

However, the promulgation and implementation of the Tourism Law will provide a solid legal guarantee for further strengthening tourism supervision and management, safeguarding the legitimate rights and interests of tourists and tour operators, standardizing the order of the tourism market and improving the quality of tourism services.

The new Tourism Law regulates the development of the travel agency industry, and the Travel Agency Regulations require detailed and high standards, which is conducive to the stability and understanding of travel agency operations and reversing the image of the tourism industry. In the past, there were strict regulations on key issues, such as "contracting and linking", "zero negative tour fee" and "headcount fee".

The new Tourism Law regulates tour guides, improves the entry threshold of tour guides and encourages full-time tour guides, stipulates the basic salary and social security of tour guides, and gives the upgrading direction.

The new "Tourism Law" has established a competitive environment in relatively equal, and promoted the concern of tour operators for service quality and tourists' recognition of service value. Among them, there are eight articles devoted to the rights of tourists and the norms of business behavior. Ensure the interests of tourists in the form of standardized travel contracts.

From what aspects does the new tourism law guarantee and promote the construction of civilized tourism?

The Tourism Law has made clear provisions on further strengthening the protection of tourists' rights and interests, strictly controlling the increase of ticket prices in scenic spots, increasing the control of "zero-negative tour fees", further standardizing the behavior of tour guides and tour leaders, strengthening industry self-discipline and improving measures to promote tourism development. Tourism Law is a long-overdue but widely accepted law, which will play an active and important role in defining the government's public service function, protecting the legitimate rights and interests of tourists and tourism enterprises, further standardizing the tourism market and ensuring the sustainable and healthy development of China's tourism industry. Now, as an industry representative, I have been invited to participate in the relevant seminars, consultation meetings and review meetings of the NPC Law Committee and the National Tourism Administration on the legislation of the Tourism Law for many times, and participated in the relevant work in the drafting process of the Tourism Law. According to my understanding of the Tourism Law, I will make some analysis on the highlights and impacts of the law for reference only.

First, the main highlights of the Tourism Law and its beneficial impact on travel agencies

(A) clear the government's public service function.

Article 3 of the Tourism Law stipulates that the government protects the rights of tourists in tourism activities according to law; Article 26 stipulates that the government should establish a tourism information platform to provide tourists with necessary scenic spots, routes, transportation, meteorology, accommodation and other information and services free of charge. Travel agencies can obtain the above information quickly and conveniently, which is conducive to combating zero-negative group fees.

(2) It is clear that the government should promote the construction of tourism and leisure system.

This provision in Article 23 of the Tourism Law guarantees the right of China citizens to travel and vacation, and provides legal support for travel agencies to develop and plan leisure travel and vacation products and formulate the product standards of leisure vacation routes.

Sanming has confirmed the rights, obligations and responsibilities of tourists.

① It is clear that tourists have the obligation to "abide by the code of conduct of tourism civilization", the right and obligation to rationally safeguard their rights according to law, and the right to seek help in distress. Article 14 of the Tourism Law clearly stipulates that tourists shall not harm the legitimate rights and interests of local residents, interfere with other people's tourism activities, or harm the legitimate rights and interests of tourism operators and tourism professionals in their tourism activities or in resolving disputes; Otherwise, it shall be liable for compensation in accordance with the provisions of Article 72. This clause will have a certain inhibitory effect on "noisy and excellent" tourists.

(2) Article 16 clarifies the obligation of outbound tourists not to join or leave the tour group without authorization, and the obligation of tourists to cooperate with emergency measures, which provides a basis for tour guides to take emergency measures.

(3) The tourists' right to claim compensation from the performance assistant in the place where the incident occurred was clarified. Article 70, paragraph 2, stipulates that tourists may ask the land agency and the performance assisting agent to bear the liability for compensation, or they may ask the package agency to bear the liability for compensation. This provision provides a basis for tour guides to immediately negotiate with the responsible person at the scene of the incident to protect the rights and interests of tourists, establish a multi-party litigation system, and quickly resolve tourism disputes.

This will enable tourists to clearly understand their own consumption and effectively supervise the travel agency's itinerary implementation.

(4) The principle of handling unavoidable events in the event of force majeure of tour groups and the principle that tour operators have done their duty of reasonable care have been clarified.

According to the provisions of Article 67 of the Tourism Law, although tour operators have the obligation of reasonable care, events that cannot be avoided should be regarded as force majeure. In this article, the expenses under three conditions, namely, termination of the contract, emergency avoidance and detention, are defined (that is, tourists pay more and pay less compensation, the two sides share the accommodation expenses, and tourists take care of themselves but share the return expenses, which is conducive to quickly handling accidents and reducing losses. The initial establishment of the fault liability or fault presumption mechanism of travel agencies has effectively limited the responsibility of travel agencies and safeguarded the legitimate rights and interests of both tourists and tour operators.

(5) Clarify the obligation of travel agencies to assist in claiming compensation when tourists are damaged due to the reasons of public transport operators.

Paragraph 2 of Article 7 1 stipulates that if a public transport operator causes personal injury or property loss to a tourist, the public transport operator shall be liable for compensation according to law, and the travel agency shall assist the tourist to recover from the public transport operator, which fairly defines the responsibility of the travel agency. Therefore, under the above circumstances, travel agencies and their tour guides should actively assist tourists to claim compensation from public transport operators.

(vi) Clarify the legality of rural tourism.

Article 46 stipulates that urban and rural residents use their own houses or other conditions to engage in tourism business according to law, and their management measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. It provides a legal basis for the development of rural tourism and the legality of arranging homestays. Although it is legal to arrange homestays, monitoring and management should be strengthened for safety reasons.

(7) The pre-litigation mediation mechanism of tourism disputes has been established.

The Tourism Law has added provisions for both parties to apply for mediation by "mediation organizations". This kind of mediation can be linked to the new civil procedure law, and the mediation result has been confirmed by the court and is legally binding. The establishment of mediation organization, because of its status and nature independent of tourism administrative departments and tourism operators, provides a convenient place for tourists to express their opinions, which is conducive to quickly handling tourism disputes and maintaining harmony and stability.

(8) Flexible handling of the employment of social tour guides by travel agencies.

Paragraph 2 of Article 38 stipulates that if a travel agency temporarily hires a tour guide to provide services for tourists, it shall pay the tour guide the tour guide service fee stipulated in paragraph 3 of Article 60 of this Law in full. Solved the dilemma of social part-time tour guides signing labor contracts; According to the regulations, only the service fee due to social tour guides needs to be paid in full.

(9) Flexible provisions are made for tourists' right to know the consent of the land agency.

Although Article 69 still stipulates that the reception of tour groups by ground agencies must be approved by tourists, and according to the provisions of Article 60, the basic information of ground agencies must be stated in the travel contract, according to the expression of intention in the second paragraph of Article 69 and the provisions of Article 59, the package tour agency only needs to promise to deliver the reception to qualified ground agencies in the main contract when signing the travel contract, and then give the details of the ground agencies in the "Tourism travel itinerary" issued before departure. Effectively corrected Article 36 of the Travel Agency Regulations.

When will the new tourism law of China be implemented?

The Tourism Law of the People's Republic of China was adopted by the second session of the 12th the NPC Standing Committee on April 25th, 1965, and was promulgated by Decree No.3 of the President of the People's Republic of China on April 25th, 1965. Tourism law is divided into general provisions, tourists, tourism planning and promotion, tourism management, tourism service contract, tourism safety, tourism supervision and management, tourism dispute settlement, legal liability and supplementary provisions *** 10/12, and 20131.

For more information about the implementation time of China's new tourism law, go to: See more.

What are the benefits of the new Tourism Law for travel agencies?

The introduction of the new tourism law is most beneficial to travel agencies. After reading the new tourism laws and regulations, I found that the regulation of the new tourism law on travel agencies is undoubtedly the protection of travel agencies.

The first is to crack down on black clubs, black guides and black cars to make travel agencies more fair in the competition.

Second, it is forbidden for travel agencies to compete maliciously at low prices, protect the basic profits of travel agencies and maintain market harmony.

Third, it is forbidden to force tourists to spend money on shopping. On the surface, it seems that the profit of travel agencies has decreased, but in fact, the profit of shopping commissions does not exist in travel agencies, so the legitimacy of profits will be restored after standardization, rather than relying on gray commissions to improve profits.

Fourth, regulate the behavior and responsibility of tourists, and prevent tourists from over-defending their rights, resulting in travel agencies being forced to pay compensation.

Fifth, the operation of travel agencies has become simplified, relying on their own reputation and fair competition in operation, the strong survive, the weak are useless, and tourism has returned to the most primitive tourism model. It is not a rule for tourists to spend money on travel, but everyone is happy.

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Article 35 of the new Tourism Law

catalogue

Chapter I General Provisions

Chapter II Tourists

Chapter III Tourism Planning and Promotion

Chapter IV Tourism Management

Chapter V Tourism Service Contracts

Chapter VI Tourism Safety

Chapter VII Tourism Supervision and Administration

Chapter VIII Settlement of Tourism Disputes

Chapter IX Legal Liability

Chapter X Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is formulated for the purpose of protecting the legitimate rights and interests of tourists and tour operators, standardizing the order of the tourism market, protecting and rationally utilizing tourism resources, and promoting the sustained and healthy development of tourism.

Article 2 This Law shall apply to tourism activities in the form of sightseeing, vacation and leisure, as well as business activities providing related services for tourism activities within and outside People's Republic of China (PRC).

Article 3 The State shall develop tourism, improve public tourism services and protect the rights of tourists in tourism activities according to law.

Article 4 The development of tourism should follow the principle of integrating social benefits, economic benefits and ecological benefits. The state encourages all kinds of market players to make rational use of tourism resources according to law on the premise of effectively protecting tourism resources. Tourist attractions built with public resources should reflect public welfare.

Article 5 The state advocates a healthy, civilized and environmentally friendly tourism mode, supports and encourages various social institutions to carry out tourism public welfare propaganda, and rewards units and individuals that have made outstanding contributions to promoting the development of tourism.

Article 6 The State shall establish and improve standards of tourism services and market rules, and prohibit industry monopoly and regional monopoly. Tourism operators should operate in good faith, compete fairly, assume social responsibilities, and provide tourists with safe, healthy, hygienic and convenient tourism services.

Article 7 the State Council shall establish and improve a comprehensive tourism coordination mechanism to comprehensively coordinate the development of tourism.

The local people's governments at or above the county level shall strengthen the organization and leadership of tourism work, clarify the relevant departments or institutions, and make overall coordination on the development, supervision and management of tourism within their respective administrative areas.

Eighth tourism industry organizations shall be established according to law, and self-discipline management shall be implemented.

Chapter II Tourists

Ninth tourists have the right to choose their own tourism products and services, and have the right to refuse the compulsory trading behavior of tourism operators.

Tourists have the right to know the real situation of the tourism products and services they buy.

Tourists have the right to ask tour operators to provide products and services as agreed.

Article 10 The personal dignity, national customs and religious beliefs of tourists should be respected.

Eleventh disabled people, the elderly, minors and other tourists enjoy convenience and preferential treatment in tourism activities in accordance with laws, regulations and relevant provisions.

Twelfth tourists have the right to ask for help and protection when their personal and property safety is threatened.

Tourists who have suffered personal or property damage have the right to compensation according to law.

Thirteenth tourists should abide by social public order and social morality, respect local customs, cultural traditions and religious beliefs, cherish tourism resources, protect the ecological environment, and abide by the code of conduct for tourism civilization.

Fourteenth tourists in tourism activities or in the settlement of disputes, shall not harm the legitimate rights and interests of local residents, shall not interfere with other people's tourism activities, shall not harm the legitimate rights and interests of tourism operators and tourism professionals.

Fifteenth tourists in the purchase and acceptance of tourism services, tourism operators should truthfully inform the personal health information related to tourism activities, and abide by the safety warning provisions in tourism activities.

Tourists should cooperate with the measures taken by the state to temporarily restrict tourism activities in response to major emergencies and the safety precautions and emergency measures taken by relevant departments, institutions or tour operators.

Tourists who violate the safety warning regulations or do not cooperate with the measures taken by the state to temporarily restrict tourism activities, safety precautions and emergency measures in response to major emergencies shall bear corresponding responsibilities according to law.

Sixteenth outbound tourists are not allowed to stay illegally abroad, and tourists who leave the group are not allowed to join or leave the group without authorization.

Inbound tourists are not allowed to stay illegally in China, and tourists who enter with the group are not allowed to leave the group without authorization.

Chapter III Tourism Planning and Promotion

Seventeenth the State Council and the local people's governments at or above the county level shall incorporate the development of tourism into the national economic and social development plan.

The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, as well as the people's governments of cities and counties rich in tourism resources, shall organize the formulation of tourism development plans according to the requirements of the national economic and social development plans. When making use of tourism resources that are suitable for overall utilization across administrative regions, the people's government at a higher level shall organize the compilation or the relevant local people's governments shall negotiate the compilation of a unified tourism development plan.

Article 18 The tourism development plan shall include the overall requirements and development objectives of tourism development, the requirements and measures for the protection and utilization of tourism resources, the requirements and promotion measures for the development of tourism products, the improvement of tourism service quality, the construction of tourism culture, the promotion of tourism image, the construction of tourism infrastructure and public service facilities, etc.

According to the tourism development plan, local people's governments at or above the county level can make special plans for the development and utilization of key tourism resources and put forward special requirements for tourism projects, facilities and service functions in specific areas.

Nineteenth tourism development planning should be linked with the overall land use planning, urban and rural planning, environmental protection planning and other natural resources and cultural relics and other human resources protection and utilization planning.

Twentieth people's governments at all levels should fully consider the spatial layout of related tourism projects and facilities and the requirements for construction land when compiling the overall land use planning and urban and rural planning. The planning and construction of transportation, communication, water supply, power supply, environmental protection and other infrastructure and public service facilities should take into account the needs of tourism development.

Article 21 The use of natural resources, cultural relics and other cultural resources in tourism must strictly abide by the provisions of relevant laws and regulations, meet the requirements of resources, ecological protection and cultural relics safety, respect and maintain local traditional culture and customs, safeguard the regional integrity, cultural representation and regional particularity of resources, and consider the needs of military facilities protection. The relevant competent departments should strengthen the supervision and inspection of resource protection and tourism utilization.

Twenty-second people's governments at all levels shall organize the evaluation of the implementation of the tourism development plan compiled by the government at the corresponding level and announce it to the public.

Article 23 the State Council and local people's governments at or above the county level shall formulate and organize the implementation of industrial policies conducive to the sustained and healthy development of tourism, promote the construction of tourism and leisure system, take measures to promote regional tourism cooperation, encourage the development of cross-regional tourism routes and products, promote the integration of tourism with industry, agriculture, commerce, culture, health, sports, science and education, and support the development of tourism in ethnic minority areas, old revolutionary areas, remote areas and poverty-stricken areas.

Twenty-fourth the State Council and the local people's governments at or above the county level shall, according to the actual situation, arrange funds to strengthen the construction of tourism infrastructure, tourism services and tourism image publicity.

Article 25 The State shall formulate and implement the strategy of enhancing tourism image. The State Council tourism authorities should co-ordinate the overseas promotion of national tourism image, establish tourism image promotion institutions and networks, and carry out international cooperation and exchanges in tourism.

The local people's governments at or above the county level shall co-ordinate the organization of local tourism image publicity.

Twenty-sixth the State Council tourism authorities and local people's governments at or above the county level shall, according to the needs, establish a tourism public information and consulting platform, and provide tourists with necessary information and consulting services such as tourist attractions, routes, transportation, meteorology, accommodation, safety, medical emergency and so on free of charge. The relevant departments of the people's governments of cities and counties divided into districts shall, according to the needs, set up tourist consultation centers in transportation hubs, commercial centers and places where tourists are concentrated, and set up tourist indication signs in scenic spots and on the roads leading to major scenic spots.

The people's governments of cities and counties in areas rich in tourism resources may, according to local actual conditions, establish tourist passenger dedicated lines or tourist transit stations to provide services for tourists traveling in and around the city.

Article 27 The State encourages and supports the development of tourism vocational education and training, and improves the quality of tourism talents.

Chapter IV Tourism Management

Article 28 To set up a travel agency, attract, organize and receive tourists and provide them with tourism services, it shall meet the following conditions, obtain the permission of the tourism authorities and go through industrial and commercial registration according to law:

(1) Having a fixed business place;

(2) Having necessary business facilities;

(3) Having registered capital that meets the requirements;

(4) Having necessary managers and tour guides;

(5) Other conditions stipulated by laws and administrative regulations.

Twenty-ninth travel agencies can operate the following businesses:

(1) domestic tourism;

(2) outbound tourism;

(3) Border tourism;

(4) inbound tourism;

(5) Other tourism businesses.

Travel agencies engaged in items 2 and 3 of the preceding paragraph shall obtain corresponding business licenses, and the specific conditions shall be stipulated by the State Council.

Thirtieth travel agencies shall not lease, lend or illegally transfer the business license of travel agencies in other forms.

Thirty-first travel agencies should pay a deposit for the quality of tourism services in accordance with the regulations, which can be used to compensate for the damage of tourists' rights and interests and to advance the emergency rescue expenses when the personal safety of tourists is threatened.

Thirty-second travel agencies to attract and organize tourists to publish information must be true and accurate, and shall not make false propaganda to mislead tourists.

Thirty-third travel agencies and their employees shall organize and receive tourists, and shall not arrange visits or participate in projects or activities that violate the laws, regulations and social ethics of China.

Article 34 When organizing tourism activities, travel agencies shall order products and services from qualified suppliers.

Thirty-fifth travel agencies shall not deceive tourists by organizing tourism activities at unreasonably low prices, and obtain illegitimate interests such as kickbacks by arranging shopping or paying for other tourism projects.

When organizing and receiving tourists, travel agencies shall not designate specific shopping places or arrange other paid tourism projects. However, unless it is agreed by both parties through consultation or requested by tourists and does not affect the itinerary of other tourists.

In violation of the provisions of the preceding two paragraphs, tourists have the right to request the travel agency to handle the return and advance the return fee within 30 days after the end of the travel itinerary, or refund the paid travel expenses.