Measures of Shanghai Municipality on the Administration of Travel Agencies?

Measures of Shanghai Municipality on the Administration of Travel Agencies

(Decree No.77 of the Shanghai Municipal People's Government was issued on February 6, 1999)

Chapter I General Principles

Article 1 (Purpose and Basis)

In order to strengthen the management of travel agencies in this Municipality, safeguard the legitimate rights and interests of tourists and travel agencies, maintain the order of the tourism market, and promote the development of tourism in this Municipality, these measures are formulated in accordance with the Regulations on the Administration of Travel Agencies (hereinafter referred to as the Regulations) and relevant regulations, and combined with the actual situation of this Municipality.

Article 2 (Definition of Travel Agency)

The term "travel agency" as mentioned in these Measures refers to enterprises that attract and receive tourists, arrange transportation, sightseeing, accommodation, catering, shopping, entertainment and provide tour guide services for tourists, including international travel agencies and domestic travel agencies.

Article 3 (Scope of Application)

These Measures shall apply to the establishment, operation and management activities of travel agencies within this Municipality.

Article 4 (Administrative Department)

Shanghai Tourism Management Committee (hereinafter referred to as the Municipal Tourism Commission) is responsible for the management of the city's travel agencies.

The district and county tourism administrative departments shall be responsible for the management of domestic travel agencies within their respective jurisdictions in accordance with their duties, and be led by the Municipal Tourism Commission in business.

The relevant departments of the people's governments at all levels shall, in accordance with their respective responsibilities, assist the tourism administrative departments in managing travel agencies.

Article 5 (Licensing System)

The city implements the travel agency business license system.

Without the permission of the tourism administration department, no unit or individual may engage in or engage in travel agency business activities in disguise.

Article 6 (Operating Principles)

Travel agencies should follow the principles of voluntariness, fairness, honesty and credibility in their business activities and abide by business ethics.

Travel agencies engaged in business activities according to law are protected by law.

Article 7 (Trade Associations)

City Travel Agency Industry Association is a self-regulatory social group legal person who protects the rights and interests of travel agencies according to law. It carries out its work in accordance with laws, regulations and articles of association, and accepts the guidance and supervision of the Municipal Tourism Commission.

Chapter II Licensing of Establishment

Article 8 (Conditions for Establishing International Travel Agency)

The establishment of an international travel agency shall meet the following conditions:

(1) Having a fixed business place and necessary business facilities;

(2) Having necessary management and operation personnel, with qualified enterprise leaders of not less than 1 person, department heads or business directors of not less than 3 people, full-time accountants with the title of accountant or above, and foreign language guides of more than 5 people;

(3) The registered capital is not less than 6,543,800 yuan+500,000 yuan.

Article 9 (Conditions for Establishing Domestic Travel Agencies)

The establishment of a domestic travel agency shall meet the following conditions:

(1) Having a fixed business place and necessary business facilities;

(2) There are necessary management and operation personnel, including no less than 1 person in charge of the enterprise, no less than 1 person in charge of the department or business, full-time accountants with the title of assistant accountant or above, and more than 3 Mandarin tour guides;

(3) Its registered capital is not less than 300,000 yuan.

Article 10 (Conditions for Establishing branch of a travel agency)

Travel agencies that receive more than 654.38 million tourists a year can set up branches without legal personality to carry out tourism business activities in the name of setting up institutions. The establishment of a branch company shall meet the following conditions:

(1) Having a fixed business place and necessary business facilities;

(2) Having necessary management and operation personnel, including 65,438+0 qualified branch heads and full-time accountants. Engaged in international tourism business, there should be more than 3 foreign language guides; Engaged in domestic tourism business, there should be more than 3 Mandarin tour guides.

Article 11 (Conditions for Establishment of Business Department)

Travel agencies in this Municipality may set up a business department without legal person qualification within the scope of this Municipality, and carry out tourism business activities in the name of establishing an institution.

To apply for the establishment of a business department, the following conditions shall be met:

(a) the establishment of the agency has been engaged in tourism business for more than 2 years, and no major tourism safety and quality accidents have occurred within 2 years before the application for establishment;

(two) the establishment of social tourism business income, annual tourism reception volume and organized tourism shifts, in line with the standards set by the Municipal Tourism Commission;

(3) Having a fixed business place and necessary business facilities;

(four) there are fixed staff, and the person in charge of the business department must obtain the qualification certificate of the person in charge of the travel agency department.

The business department of the travel agency engaged in international tourism business will increase its registered capital by 200,000 yuan each; Travel agencies should increase their registered capital by 654.38+10,000 yuan for each domestic tourism business.

Article 12 (Conditions for Overseas Travel Agencies to Establish Resident Representative Offices)

Overseas travel agencies may set up non-operating resident offices in this Municipality to engage in tourism consultation, liaison and publicity activities (hereinafter referred to as resident offices of overseas travel agencies).

To establish a resident office in this Municipality, an overseas travel agency shall meet the following conditions:

(a) registered in the country according to law;

(2) Having a good reputation and being a full member of the Travel Agency Association;

(three) engaged in domestic tourists to China for more than 2 years, receiving no less than 2000 tourists every year.

Article 13 (Qualification Evaluation)

To apply for the establishment of international travel agencies, domestic travel agencies, branch of a travel agency and travel agency business departments, a qualification assessment shall be made before applying to the tourism administration department. Qualification assessment is organized and implemented by the Municipal Travel Agency Industry Association. Qualification assessment shall not be charged.

Article 14 (Examination and Approval Procedures)

To apply for the establishment of an international travel agency, a domestic travel agency or a branch of a travel agency, the applicant shall go through the examination and approval procedures in accordance with the relevant provisions of the Regulations, pay a quality deposit, and, after receiving the Travel Agency Business License (hereinafter referred to as the Business License), apply to the administrative department for industry and commerce for registration and obtain a business license according to law within 60 days.

The establishment of resident offices of overseas travel agencies in this Municipality shall be examined by the Municipal Tourism Commission and reported to the the State Council Tourism Administration for approval.

When an international travel agency establishes a business department, it shall apply to the Municipal Tourism Commission, which shall go through the examination and approval procedures.

When a domestic travel agency establishes a business department, it shall go through the examination and approval procedures with the original examination and approval district or county tourism administrative department; If the business department is located outside the district or county where the travel agency is located, it shall obtain the consent of the original approved district or county tourism administrative department, and go through the examination and approval procedures at the district or county tourism administrative department where the business department is located.

Every time a business department is approved to operate international tourism business, the founder of the institution shall add 6,543,800 yuan+5,000 yuan of quality deposit to the Municipal Tourism Commission; Engaged in domestic tourism business, the establishment of cooperatives should pay an additional quality deposit of 40,000 yuan to the original examination and approval of the tourism administrative department, and then go through the industrial and commercial registration with the industrial and commercial administrative department within 60 days with the business license issued by the tourism administrative department.

Article 15 (Name of Travel Agency)

The name of the enterprise registered by a travel agency must contain the word "travel agency". Domestic travel agencies shall not use names such as "international" and "overseas" that are inconsistent with the tourism business of their domestic travel agencies.

Article 16 (Modification and Termination)

Where a travel agency changes its business scope, it shall apply for the establishment of a travel agency in accordance with the relevant provisions of these Measures, and go through the registration of change with the administrative department for industry and commerce after being examined and approved by the original tourism administration department.

Where a travel agency changes its name, legal representative, address, business suspension or closure, or its branch or business department changes its address, closes down or closes down, it shall go through the corresponding change registration or cancellation registration with the administrative department for industry and commerce, and file with the original examination and approval tourism administrative department within 30 days from the date of registration.

Article 17 (Annual Inspection System)

The municipal or district/county tourism administrative department shall inspect the travel agency once a year. Those who have not passed the annual inspection or fail to pass the annual inspection shall not engage in travel agency business activities.

The municipal or district/county tourism administrative department shall announce the annual inspection results.

Article 18 (Sino-foreign Joint Venture Travel Agency)

The conditions and approval procedures for applying for the establishment of a Sino-foreign joint venture travel agency shall be handled in accordance with the relevant provisions of the tourism administrative department of the State Council and the foreign trade and economic administrative department of the State Council.

Chapter III Operation and Management

Article 19 (Business Scope)

Travel agencies shall carry out business activities in accordance with the business scope of the business license, and it is forbidden to operate beyond the scope.

Article 20 (Express Delivery System)

A travel agency shall place its business license and business license in a prominent position in its business premises. Tourism prices and related handling fees should be clearly marked.

Article 21 (Form of Tourism Quotation)

Travel agency's travel quotation forms mainly include all-inclusive travel and half-inclusive travel.

When the travel agency promises to implement all-inclusive travel expenses, the all-inclusive content should at least include transportation, accommodation, catering, scenic spot tickets and tour guide services.

When the travel agency promises to implement a half-package price for travel expenses, the half-package price should at least include transportation, accommodation and tour guide services.

Article 22 (Contents of Tourism Contracts)

Travel agencies shall conclude a written travel contract with tourists when arranging tourists to travel.

Travel contracts generally include the following contents:

(a) The name and address of the travel agency;

(two) the total price of tourism;

(three) the tourist location and schedule;

(four) the type, grade and flight time of the vehicle;

(5) Accommodation grade and room type;

(6) Names of tourist attractions and tickets;

(seven) the frequency and standard of catering;

(eight) the types and times of entertainment;

(9) Tour guide services;

(ten) the number and time of shopping;

(eleven) the conditions for the termination of the contract;

(12) Liability for breach of contract;

(thirteen) other contents that both parties think it necessary to agree;

(14) Place and date of signing the contract.

When concluding an outbound travel contract, the procedures and fees for handling exit visas should also be increased.

When concluding a contract with a tourist, a travel agency may refer to the model contract text provided by the Municipal Tourism Commission.

Article 23 (Performance and Transfer of Tourism Contracts)

After concluding a contract with a tourist, a travel agency shall perform the contract as agreed. The quality feedback form or similar written materials issued by the travel agency to tourists cannot be used as proof of whether they have fulfilled the contract.

When the travel agency transfers the concluded travel contract to other travel agencies, it must obtain the consent of the tourists and shall not increase the fees.

Tourists can't make the trip themselves, so they can let others perform the contract on their behalf. The expenses increased due to the performance of the contract on behalf of tourists shall be paid; Because of exit visas and other reasons, the tourists themselves can't make the trip and can't let others perform the contract on their behalf. The tourists shall bear the liability for breach of contract.

Article 24 (Conditions for Travel Agencies to Perform Travel Contracts)

After concluding a travel contract with a tourist, a travel agency shall provide services in accordance with the contract, and shall not arbitrarily change the activity schedule, reduce or increase the number of tours, increase expenses, or arrange other tourism consumption activities not stipulated in the contract. Travel agencies should obtain the consent of tourists and issue service documents when arranging tourism projects that need to be charged outside the contract.

After the conclusion of a tourism contract, the travel agency shall not unilaterally increase the total tourism price, unless the state adjusts the exchange rate or transportation price, and both parties to the contract agree that the total tourism price can be increased in this case.

Article 25 (Force Majeure)

If a travel agency fails to perform the contract due to force majeure after concluding a contract with a tourist, it shall be exempted from liability in part or in whole according to the influence of force majeure, unless otherwise stipulated by law.

Article 26 (Breach of Contract Caused by Failure to Go)

If both parties cannot make the trip, the breaching party shall notify the other party of the domestic trip 3 days in advance; For outbound travel, the breaching party shall notify the other party 7 days in advance. The parties to the contract may also separately agree on the time for advance notice. For the liability for breach of contract, if both parties have an agreement, they shall bear it according to the agreement. If there is no agreement, it shall be liable for breach of contract according to the following standards:

(1) If the breaching party notifies the other party within the specified time, it shall pay a penalty of 5% of the total price of the travel contract;

(2) If the breaching party fails to notify the other party within the specified time, it shall pay a penalty of 10% of the total price of the travel contract.

Losses caused by breach of contract shall be liable for compensation in accordance with the provisions of relevant laws, regulations and rules.

Article 27 (Compensation in advance)

If a travel agency fails to provide transportation, accommodation, catering or other tourism-related services in accordance with the standards of the travel contract, it shall be liable for breach of contract. If losses are caused to tourists, the travel agency shall compensate according to law. If the third party fails to perform or partially fails to perform the travel contract, thus causing losses to the tourists, the travel agency shall make compensation in advance.

If a travel agency provides services to tourists in a fraudulent manner, it shall be liable for damages in accordance with the provisions of the Consumer Protection Law of People's Republic of China (PRC).

Article 28 (Travel Accident Insurance)

Travel agencies must handle travel accident insurance for tourists when organizing tourists to travel. Insurance fees shall be included in the sales price of tourism, and shall not be charged separately to tourists.

Article 29 (Tourism Safety)

Travel agencies should ensure the personal safety of tourists when organizing tourists to travel. When encountering situations that may endanger the personal safety of tourists during the tour, you should explain or give a clear warning to tourists in advance, and take effective measures to prevent the occurrence of harm. When the personal safety of tourists is infringed, the staff sent by the travel agency shall take effective rescue measures and report to the tour group in time; The overseas tour leader shall also report to the embassies and consulates of China government and overseas travel agencies.

Article 30 (Reporting System)

When a travel agency organizes tourists to travel, it shall report to the relevant departments in accordance with the following provisions within 24 hours after knowing the accident:

(a) major accidents occurred in international travel agencies and reported to the Municipal Tourism Commission;

(two) major accidents of domestic travel agencies, report to the district and county tourism administrative departments of the place of registration. The district and county tourism administrative departments shall immediately report to the Municipal Tourism Commission after receiving the accident report from the travel agency.