旅行社管理条例 REGULATIONS ON THE ADMINISTRATION OF TOURIST AGENCIES

ompetitors：

　　（1） passing off a registered trademark of another tourist agency；

　　（2） using a name of another tourist agency without authorization；

　　（3） defaming other tourist agencies；

　　（4） entrusting a unit or individual without the status of a tourist agency to conduct tourist business； or

　　（5） committing other actions that disturb the order in the tourist market.

　　Article 20 A tourist agency shall conclude written contracts with operational personnel it employs to agree upon rights and obligations of the two sides.

　　Operational personnel shall not， without authorization of the tourist agency， disclose， use or allow others to use business secrets of the tourist agency possessed by him.

　　Article 21 A tourist agency shall safeguard lawful rights and interests of tourists.

　　A tourist agency shall provide tourists with truthful and reliable information concerning tourist services and shall not make false publicity.

　　Article 22 A tourist agency shall， when organizing a tour， effect tourist accident insurance on behalf of the tourists and shall guarantee that its services will be provided according to the requirements for safeguarding the security of tourists and their belongings. It shall give the tourists truthful explanations and definite warnings concerning matters that may endanger the security of tourists and their belongings and shall take measures to prevent the damage.

　　Article 23 A tourist agency shall charge tourists for its tourist services in accordance with the state provisions. Extra charges for additional service items during a tour shall be subject to the consent of the tourists.

　　For each item of paid-services， the tourist agency shall， according to relevant state provisions， offer a service document to the tourists.

　　Article 24 Tourists shall have the right to lodge complaints to the tourism administration department in any of the following cases where they suffer losses：

　　（1） The tourist agency fails to attain the service quality standard as agreed upon in the contract due to its own fault；

　　（2） The touri

st agency fails to provide services up to the national standard or trade standard； or

　　（3） The tourist agency causes loss of travelling expenses paid in advance by tourists due to its bankruptcy.

　　The tourism administration department shall accept and handle complaints from tourists in accordance with the provisions of these Regulations.

　　Article 25 Tourist guides and tourist leaders engaged by a tourist agency for accepting tourists or organizing oversea tours shall possess qualification certificates issued by a tourism administration department of people's governments at or above the level of a province， autonomous region or municipality directly under the Central Government.

　　Article 26 When organizing oversea tours， the tourist agency shall select tourist agencies lawfully established and enjoying good reputation in the country or region concerned， and shall conclude written agreements with them before entrusting them to accept tourists.

　　If the breach of agreement by an oversea tourist agency causes losses to the rights and interests of tourists， the domestic tourist agency organizing the oversea tour shall bear the responsibility for compensation before seeking reimbursement from the breaching oversea tourist agency.

　　Article 27 A tourist agency shall， when soliciting and accepting tourists， make complete records and keep relevant documents and materials for the inspection by the tourism administration department.

　　Chapter IV Supervision and Inspection

　　Article 28 The tourism administration departments shall， according to law， strengthen the supervision and control over tourist agencies and resident offices of foreign agencies in order to maintain the order of tourist market.

　　Article 29 Tourist agencies shall subject themselves to the supervision and inspection by the tourism administration departments over their business operations in such aspects as service quality， tourist security， price offering， financial accounts and foreign exchange receipts and payments.

　　Personnel of the tourism administration departments shall show their certificates when performing their duties of supervision and inspection.

　　Article 30 The tourism administration departments shall conduct an annual inspection each year over every tourist agency. Tourist agencies inspected shall， as required by the tourism administration departments， provide an annual inspection report， statement of assets， financial statement and other relevant documents and materials.

　　Article 31 The tourism administration departments shall make strict control over the quality guarantee deposit and shall use the deposit for the compensation for economic losses of tourists according to relevant state provisions. No unit and individual may embezzle the quality guarantee deposit.

　　Chapter V Penalty

　　Article 32 If anyone violates the provisions of the second paragraph of Article 12 and the second paragraph of Article 17 of these Regulations， the tourism administration department shall order him to stop unlawful business operations， confiscate his unlawful earnings and concurrently impose a fine from RMB 10，000 yuan to RMB 50，000 yuan.

　　Article 33 If anyone violates the provisions of the first paragraph of Article 18， Article 22， the first paragraph of Article 23， Article 25 and the first paragraph of Article 26 of these Regulations， the tourism administration department shall order him to make corrections within a time limit and， if any， confiscate his unlawful earnings. If he has not made corrections at the expiration of the prescribed time limit， he shall be ordered to suspend his business operations for 15 to 30 days for rectification and may be concurrently imposed a fine from RMB 5，000 yuan to RMB 20，000 yuan. If the circumstances are serious， his Tourist Agency Permit for Tourist Business may be revoked.

　　Article 34 Anyone violati

ng the provisions of Article 19 and the second paragraph of Article 21 of these Regulations shall be punished in accordance with the relevant provisions of the Trademark Law of the People's Republic of China and the Law of the People's Republic of China for Countering Unfair Competition.

　　Article 35 If anyone violates the provisions of Article 27 and the first paragraph of Article 29 of these Regulations， the tourism administration department shall order him to make corrections within a time limit and give a warning. If he fails to make corrections within the time limit， he shall be ordered to suspend his business operations for 3 to 15 days for rectification and may concurrently be imposed a fine from RMB 3，000 yuan to RMB 10，000 yuan.

　　Article 36 If the Tourist Agency Permit for Tourist Business of a tourist agency has been revoked， the industry and commerce administrative department shall revoke its business license correspondingly.

　　Article 37 When handling the complaints prescribed in Article 24 of these Regulations， the tourism administration department shall， if the complaints have been proved to be true after investigation， order the tourist agency to make compensation for actual losses suffered by tourists. If the tourist agency refuses to or cannot afford to bear the responsibility for compensation， the tourism administration department may make appropriations from the quality guarantee deposit of the tourist agency for the compensation.

　　Article 38 In any of the following cases where the tourism administration department violates the provisions of these Regulations， the person in charge directly responsible and other persons directly responsible shall be given disciplinary sanctions according to law.

　　（1） refusing to issue the Tourist Agency Permit for Tourist Business to those applicants eligible for the Permit： or

　　（2） unlawfully issuing the Tourist Agency Permit for Tourist Business to ineligible applicants.

　　Article 39 Personnel of the tourism administration departments who neglect their duties， abuse their powers or engage in mal practices for their personal gains shall， if crimes have been constituted， be investigated for criminal responsibility according to law. If their acts are not serious enough to constitute crimes， disciplinary sanctions shall be imposed according to law.

　　Chapter VI Supplementary Provisions

　　Article 40 These Regulations shall come into force on the date of promulgation. The Interim Regulations on the Administration of Tourist Agencies promulgated by the State Council on May 11， 1985 shall be repealed simultaneously

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