Regulations of Shanghai Municipality on Tourism

(Adopted at the 9th Session of the Standing Committee of the 12th Shanghai Municipal People’s Congress on December 31, 2003; amended for the first time according to the Decision on Amending the Regulations of Shanghai Municipality on Tourism adopted at the 14th Session of the Standing Committee of the 13th Shanghai Municipal People’s Congress on October 22, 2009; amended for the second time according to the Decision on Amending the Regulations of Shanghai Municipality on Tourism adopted at the 17th Session of the Standing Committee of the 14th Shanghai Municipal People’s Congress on December 25, 2014; amended for the third time according to the Decision to Revise Part of This Municipality’s Local Rules adopted at the 7th Session of the 15th Shanghai Municipal People’s Congress on November 22, 2018)

Chapter I  General Provisions

Article 1

With a view to promoting this Municipality’s development of tourism industry, rationally exploiting and effectively protecting tourist resources, and normalizing the order of tourist market and safeguarding the legitimate rights and interests of tourists and tourism operators, these Regulations are formulated in accordance with the Tourism Law of the People’s Republic of China, and relevant laws and administrative regulations, and in the light of the actual circumstances of this Municipality.

Article 2

Tourist industry mentioned in these Regulations refers to the integrated industry using the tourist resources and facilities to provide the tourists with such services as tours, accommodation, food and beverage, transport, shopping, recreation, information, etc.

Tourist resources mentioned in these Regulations refer to the natural resources, historical humanistic resources and other social resources, which may be exploited and utilized for the development of tourist industry and may bring benefit to the economy, society, and environment.Tourism operators mentioned in these Regulations refer to the units or individuals engaged in tourist operation activities including the operators of travel agencies, tour guide service companies, hotels, tourist gathering and dispersing centers and scenic areas (sites), network tourism operators, and tour routes operators.

Article 3

These Regulations apply to the promotion and development of tourism, the drawing up of tourism planning and protection of tourist resources, the operation activities of tourism operators, the tour activities of tourists, and the related supervision and administration within this Municipality’s administrative areas.

Article 4

The development of tourist industry shall be coordinated with the economic and social development, give prominence to the characteristics of metropolitan tours, follow the principle of unified planning and sustainable development, stick to the combination of the exploitation, utilization and protection of tourist resources, and stick to the unification of economic benefit, social benefit and environmental benefit generated from tourism.

Article 5

The Municipal People’s Government shall strengthen its organization and leadership over tourism work in this Municipality, incorporate the development of tourism industry in the national economic and social development plans, set up the coordination mechanisms for tourism work, and make overall plans for, and coordinate, tourism public services, the development of tourism industry, the supervision over the tourist market and the promotion of the tourism image.

The district people’s government shall strengthen its organization and leadership over tourism work in its administrative area, draw up the tourism development planning thereof, formulate, and organize to implement, the policies and measures beneficial to the continuous and healthy development of tourism, and promote the coordinated development of tourism and relevant industries.

The administrative agencies of the special scenic area determined by the State and this Municipality may make overall plans for, and coordinate, tourism public services, the development of tourism industry, the supervision over the tourist market and the promotion of the tourism image in their administrative area.

The town/township people’s government and the sub-district office where the main scenic area (site) is located shall, jointly with relevant departments, do well the work of tourist resources protection and utilization, tourism industry development, tourist safety supervision, tourist environment and order maintenance and publicity of civilized tours in their administrative area.

The municipal and district people’s governments shall commend and reward units and individuals that have made outstanding contributions to the promotion of the development of tourist industry.

Article 6

The municipal tourism administrative department and the district tourism administrative departments (hereinafter jointly referred to as tourism administrative departments) are responsible for the drawing up of tourism planning, the promotion of tourist industry, the organization and coordination of the exploitation, utilization and protection of tourist resources, and for the guidance, supervision and administration of tourist operation activities in their respective administrative areas.

Relevant administrative departments shall, in accordance with their respective functions and duties, safeguard and promote the development of tourist industry.

Article 7

Tourism operators may, according to law, establish or join relevant trade associations. Relevant trade associations shall draw up trade service norms, and enhance trade self-discipline, and may, in accordance with their members’ demand, carry out such activities as providing their members with services, organizing market expansion, participating in tourism promotion, releasing market information, recommending tourism products, and launching trade training and exchanges.

Chapter II  Promotion and Development of Tourism

Article 8

The Municipal People’s Government shall, in its annual fiscal budgets, arrange special funds for tourism development. Such funds shall mainly be used for the publicity of the city image, construction of tourist public-welfare facilities, organization of major tourism promotion activity, etc.

The people’s governments at all levels shall give support to the construction funds for the necessary auxiliary facilities in relation to road traffic, safety safeguarding, environmental sanitation, supply of water and electricity, and protection of natural environment and cultural heritage of scenic areas (sites).

Article 9

Tourism administrative departments shall, jointly with relevant administrative departments, build up a bank for tourist construction projects to be developed, direct the investments in tourist projects with local specialties and cultural connotation, furnish information and help coordination for domestic and overseas investors to participate in the development and construction of tourist industry, and give policy support to tourist construction projects in key tourist areas and projects that will bring about local economic and cultural development.

Domestic and overseas enterprises that carry out tourist operation activities in Shanghai by adopting such forms as share-participation, merger, purchase, or moving of head offices shall enjoy the same treatment as this Municipality’s tourism enterprises. Where there are special provisions provided by laws and regulations therefor, such provisions shall prevail.

Article 10

The tourism administrative departments and the relevant administrative departments shall promote the development of such social resources as industry, agriculture, commerce, sports, science and technology, culture, education and health to realize the integral development of tourism and relevant industries; innovate culture tourism, convention and exhibition tourism, sports tourism, aquatic tourism, village tourism, medical tourism, senior citizen tourism, research and study tourism, and other tourism products, so as to promote the common development of leisure and vacation tourism with sightseeing tourism.

Urban and rural citizens’ demands for leisure and vacation shall be taken into consideration in an overall way in this Municipality’s regional development, and it is necessary to strengthen facility construction, perfect service function, rationally upgrade layout and create spaces for citizens’ leisure and vacation.

In preparing and adjusting this Municipality’s overall plan of land utilization, urban and rural planning and marine functional zone planning, full consideration shall be given to the related tourism projects, spatial distribution of facilities, land and sea–use by construction, and occupation demand by coastline.

Article 11

Travel agencies of all provinces, autonomous regions, and municipalities directly under the central government may organize their local touring groups to come to Shanghai directly for tourist activities.

Tourism administrative departments and relevant administrative departments shall provide convenience for travel agencies from all provinces, autonomous regions, and municipalities directly under the central government, and the Shanghai-bound tourist groups organized by such travel agencies.

Article 12

The municipal tourism administrative department shall, jointly with relevant administrative departments, draw up plans for publicity of this Municipality’s tourism image, set up tourism publicity outlets at home and abroad, and through various channels and forms like mass media, domestic and international cooperation and exchanges, etc., strengthen the publicity of this Municipality’s city image, main scenic areas (sites), important festivals, sport events, conventions and exhibitions, and such other activities.

This Municipality encourages units and individuals to exploit tourism products by combining local specialties and cultural features. The tourism administrative department shall, according to the specialties of the local tourist resources and advantages of the local tourism products, determine the overall tourism image and the main themes of the publicity and recommendation, support the exploitation of tourism products, and promote the opening up of the tourism market.

Article 13

Where a paid transfer of operation rights of state-owned tourist resources is made with approval, the principle of openness, fairness, impartiality and good faith shall be followed, and the transfer shall be conducted in the form of auction or bidding.

Article 14

The tourist public service system shall be promoted and upgraded in this Municipality, providing highly efficient information consulting services, safety protection services, convenient transportation services and services of facilitating and benefiting tourists.

The tourism administrative departments shall organize to establish the tourism monitoring and tourism public information services platform to release tourism information on scenic area (site), route, transportation, weather, passenger flow volume warning and consultation services free of charge, and set up tourism information centers as required; push forward tourism public services into community and strengthen tourism publicity thereto, and provide conveniences for community citizens’ travels and complaints and right-safeguarding over tours.

Relevant administrative departments shall promote the construction and transformation of public sanitation facilities and accessible facilities, the covering of WLAN, and improve the tourist service function of expressway service area.

The tourism administrative departments may encourage and guide social capital and social forces to participate in tourism public services by way of government purchase, etc.

Article 15

When this Municipality’s public passenger transportation planning is made, opinions shall be solicited from tourism administrative departments; when public passenger transportation lines are arranged and stations and stops set up, demands of tourism development shall be also taken into account.

The planning of this Municipality’s intracity tour routes shall be incorporated in the planning of urban traffic lines and networks.

The disposition of this Municipality’s tour routes and their facilities shall be in coordination with the public passenger transportation lines and facilities.

Article 16

The municipal tourism administrative department shall, jointly with the public security, and construction and transport administrative departments, rationally set up or arrange temporary parking lots for tourist vehicles at public transportation hubs like airports, railway stations, docks, etc., and main scenic areas (sites).

The municipal tourism administrative department shall, jointly with the public security, and construction and transport administrative departments, according to the State’s and this Municipality’s relevant provisions, set up guiding signs for main scenic areas (sites) and public transportation hubs on superhighways and urban roads.

Article 17

Tourism administrative departments shall carry out tourism statistics analysis, set up tourism information management systems, realize intercommunication of tourist information among regions and publish relevant tourist information to the public.

The municipal statistics administrative departments shall, jointly with the municipal tourism administrative departments, perfect the tourism statistical indicator system and survey method, establish a scientific assessment system for tourism development and carry out the city-wide monitoring on tourism industry. The tourism administrative departments, tourism units and other organizations, as the statistical and survey objects, shall submit the true, accurate and complete statistical information in a timely manner in accordance with relevant provisions of the State and this Municipality.

Article 18

This Municipality institutes the system for forecast about holiday tours and the system for release of tour warning information.

The municipal tourism administrative department shall, during the period of the Spring Festival, International Labor Day, National Day, and one week prior to holidays, release through mass media to the general public daily information about the conditions of reception of tourist facilities including accommodation and traffic in main scenic areas (sites).

Where natural disasters, epidemic diseases, or other circumstances that would harm the personal and property safety of tourists occur in relevant tourist areas, the municipal tourism administrative department shall, based on the notice published by relevant departments, release tour warning information to tourism operators and tourists in a timely manner.

Article 19

The municipal and district people’s governments shall strengthen the leadership over the tourist safety work, take tourist safety as important contents of emergency monitoring and assessment, establish a joint-action mechanism for tourist safety, and organize relevant administrative departments to prepare emergency response planning and to carry out emergency response drills. The district people’s government and relevant departments where an emergency happens shall promptly handle tourist contingencies.

The administrative departments of public security, fire protection, health and family planning, food and drug supervision, quality and technical supervision, transport, greening and city appearance, tourism, commerce, culture and sports which are legally authorized the powers and duties of examination and approval and punishment shall exercise tourist safety supervision and administration in strict accordance with relevant provisions, and conduct safety check on such occasions as important festivals, sport events, conventions and exhibitions, and such other activities.

Article 20

Tourism administrative departments and relevant administrative departments shall furnish corresponding guarantee and public service to tourist e-commerce, encourage enterprises to set up tourist e-commerce platforms, and develop on-line information search, reservation, payment and other service functions to realize on-line tourist transaction.

Article 21

Encouragement shall be given to the promotion of development of tourist industry by use of such activities as relevant specialized conferences, fair trading, theatrical festivals, sport events, and science and technology exchanges. Relevant organizing bodies, when coordinating and arranging for annual exhibition plans, shall give priority consideration to large-scale exhibition items with a high degree of internationalization and with an obvious promotive effect on tourist industry.

Article 22

This Municipality promotes the development of water tourism, such as cruise, pleasure boat, yacht etc., enhances the input and construction of public facilities for water tourism, promotes the routes and products of water tourism, and strengthens the publicity and introduction thereof.

The municipal tourism and transport administrative departments shall, in accordance with this Municipality’s notional economic and social development planning, in line with the actual needs of tourism development, jointly with the municipal administrative departments of development & reform, planning, port services, water (ocean), and marine affairs and relevant district peoples’ governments, formulate water tourism development planning, and organize the implementation thereof upon the approval of the Municipal People’s Government.

The municipal administrative developments of development & reform, transport, port services and tourism shall jointly push ahead with the construction of dock for cruise, pleasure boat and yacht, perfect relevant functional and accessory facilities of tourism services and coordinate with the port supervisory department in improving customs clearance service and the comprehensive management level.

The municipal administrative department of quality and technical supervision shall organize the municipal administrative departments of tourism, transportation, marine affairs to formulate the service standards for water tourism. The administrative departments of tourism, transport, and marine affairs shall strengthen the supervision over water tourism, and guide the water tourism operators to provide high-quality services.

Article 23

This Municipality pushes ahead with the exploitation of rural tourist resources and promotes the development of rural tourism. The municipal administrative departments of tourism, and agriculture shall, jointly with the relevant administrative departments and the district people’s government, formulate the relevant policies to support the development of rural tourism. The district tourism and agriculture administrative departments shall strengthen the recommendation of rural tourism, and provide training and guidance on carrying out rural tourism services for rural collective economic organizations and farmers’ specialized cooperatives.

The municipal quality and technical supervision administrative department shall, jointly with the municipal administrative departments of tourism, agriculture, public security, industry and commerce, environmental protection, and food and drug supervision, formulate the relevant standards for rural tourism services.

Article 24

The Municipal People’s Government shall coordinate annual festive activity plans, encourage tourism operators to develop festive tour products and to nurture special festive activities with a strong effect and public participation. Every year prior to the holding of Shanghai tourist festival activity, the organizing unit shall release activity information in advance, and coordinate matters in relation to tourist festival activities.

Article 25

In case that important festivals, sport events, and conventions and exhibitions are held in this Municipality, the municipal tourism administrative department may, according to needs, prepare the guarantee planning for tourist accommodation, and allocate various accommodation resources to meet the needs of accommodation.

The municipal tourism administrative department may organize residents in this Municipality to voluntarily use their houses for the accommodation of the tourists participating in the tourist activities listed in the preceding clause, and the specific administrative procedures shall be provided by the Municipal People’s Government.

Article 26

The tourism administrative department and related administrative departments shall, by way of provision of information and assistance in coordination, promote the research and development of tourist products with local features of this Municipality, strengthen the protection of intellectual property and cultivate tourist product brands with local features.

This Municipality shall strengthen the construction of shopping areas for specialty goods, encourage social organizations to release the list of recommended tourist goods, and encourage enterprises to provide tourists with financial and logistics services to facilitate purchases.

Article 27

The municipal tourism administrative department shall, according to the actual circumstances of tourism development, and jointly with the municipal administrative departments of development & reform, cultural relics, commerce, greening and city appearance, and culture, radio, film and TV, formulate policies and measures to promote tourism consumption.

Article 28

Tourism administrative departments and relevant administrative departments shall strengthen the building of tourism colleges, schools, and specialties, promote scientific research, teaching and vocational training of tourism, and cultivate personnel specialized in tourism.

Article 29

This Municipality pursues the standardization of tourism services.

In respect of tourism service fields involving physical health, and personal and property safety, where there are no state or trade standards, relevant administrative departments shall draw up local standards and organize their implementation. In respect of products, services and facilities provided by tourism operators, where there are mandatory standards, such standards shall be complied with.

Chapter III  Tourism Planning and Resources Protection

Article 30

The municipal tourism administrative department shall, according to this Municipality’s national economic and social development planning and the actual needs of the tourism development, and jointly with the relevant departments, organize the preparation of the municipal tourism development planning, which shall, upon being approved by the Municipal People’s Government according to the legal procedure, be brought into the corresponding urban and rural planning and be well adapted into the overall plan of land utilization.

Every district people’s government shall draw up the tourism development planning of its own district in accordance with the municipal tourism development planning.

The preparation of tourism development planning shall be market oriented and rationally guided, to prevent the random exploitation and redundant construction.

Article 31

The preparation of the municipal tourism development planning shall give play to the comprehensive advantages of the tourist resources in the Yangtze River Delta Region, and strengthen the cooperation with the Yangtze River Delta and other domestic regions for the development of interregional tourism.

In respect of tourism development of the Huangpu River, Suzhou Creek, and other water system landscape, and with respect to the development of tourist resources between districts or between districts and county, the overall consideration and coordination shall be conducted.

Article 32

The municipal tourism administrative department shall, on the basis of the municipal tourism development planning, jointly with relevant departments, organize the drawing up of, or direct the district tourism administrative departments to organize the drawing up of, special plans for tourist holiday areas, specialty tourist streets, and specialty farmyard-tour villages. The special plans drawn up by the district tourism administrative departments shall reflect the regional characteristics and functional features, and shall be submitted to the municipal tourism administrative department for comprehensive balance.

Article 33

In drawing up tourism planning, opinions of the public shall be solicited.

The drawing up of tourism planning may be entrusted to specialized agencies at home and abroad through bidding.

Article 34

The new construction, reconstruction and extension of scenic areas (sites), hotels and other tourism construction projects shall comply with the municipal or district tourism development planning; the scale and style of their buildings shall be in harmony with the surrounding landscapes, and shall not destroy tourism environment and ecological environment.

When examining and approving scenic areas (sites), hotels, and other tourism construction projects, relevant administrative departments shall solicit opinions from tourism administrative departments and conduct environmental impact assessment according to law.

Article 35

The municipal tourism administrative department shall, jointly with relevant departments, conduct general survey and evaluation of tourist resources within the limits of this Municipality, establish tourist resources files, draw up schemes for protection of tourist resources, and organize the implementation of the schemes.

Article 36

Where nature reserves and other natural resources are used to develop tourism projects, the provisions of relevant laws, rules and regulations shall be complied with, and corresponding protective measures shall be adopted. The construction projects in the areas of places famous for their scenery or historical relics as well as their peripheral preservation zones set by planning shall not spoil landscapes, contaminate environment or hinder sightseeing.

Article 37

Where areas with historical and cultural features and styles and excellent historical architectures as well as other historical humanistic resources are used to develop tourism projects, the provisions of laws, rules and regulations shall be complied with, the unique historical styles and features shall be preserved, and no arbitrary reconstruction, removal or demolition is allowed.

The municipal tourism administrative department shall, jointly with the relevant departments, make signboards introducing in Chinese and foreign language(s) the relevant historical and cultural backgrounds of historical and humanistic scenic areas (sites).

Article 38

Where industrial, agricultural, commercial, sports, scientific and technological, cultural, educational, health and other social resources are used to develop tourism projects, the coordination and unification of their contents with the landscape, environment and facilities shall be maintained.

Chapter IV  Protection of Rights and Interests and Operation Norms

Article 39

The legitimate rights and interests of tourists are protected by law. Tourists are entitled to the following rights:

1. to be informed of true matters about products and services provided by tourism operators;

2. to choose independently the tourism operators and the modes and contents of products and services provided by the tourism operators;

3. to request tourism operators to provide services at prices matching quality, in line with agreements or usual practices;

4. to get respect for personality dignity, national customs and habits, and religious beliefs;

5. to enjoy according to law the right to get compensation for personal and property damage due to receiving services offered by tourism operators; and

6. other rights as may be provided by laws, rules or regulations, or as may be stipulated in the tourism contract.

Article 40

Disabled people, elderly people, the minors, soldiers, full-time school students and such other tourists shall enjoy convenience and preferential treatment in tourism activities according to law, regulations and relevant provisions. Tourism operators shall display explicitly to tourists the conditions for preferential treatment and other relevant information.

The scenic area (site) built with public resources shall exempt or reduce admission fees and other relevant service charges for disabled people, elderly people, the minors, soldiers, full-time school students and such other tourists; other scenic areas (sites) are encouraged to do so.

Article 41

Tourists shall abide by laws, rules, regulations, and social ethics, show respect for national customs and habits, and for religious beliefs, protect tourist resources and ecological environment, care for historic sites, cultural relics, and tourist facilities, comply with provisions concerning safety and sanitation administration, and fulfill the obligations stipulated in the tourism contract.

Article 42

The independent operation right of a tourism operator is protected by law. A tourism operator has the right to refuse any charge, apportionment and inspection in violation of provisions of laws and regulations, and has the right to refuse tourists’ demands in violation of laws, rules, regulations, social ethics, or the contents specified in the tourism contract.

The intellectual property rights of a tourism operator are protected by law. No unit or individual shall illegally acquire, use or disclose operating or marketing plans, sales channels, name lists of customers or other trade secrets of a tourism operator.

Article 43

A unit or an individual engaged in tourism operation activities shall, in accordance with state provisions, obtain a business license according to law. Where there is a need for permits issued by relevant administrative departments as provided by laws and regulations, corresponding operation permits shall be obtained.

A tourism operator, who operates or organizes floating, hunting, exploration, or other special tour activities with potential danger, shall go through formalities for examination and approval in accordance with relevant provisions prescribed by the State.

Article 44

A tourism operator shall strictly implement the state provisions concerning safety and sanitation administration, perfect corresponding management systems, install requisite facilities and equipment, and intensify maintenance and care.

A tourism operator shall give tourists explanation or explicit warning in respect to circumstances in tour activities that may possibly endanger their personal or property safety, and adopt corresponding measures to prevent the occurrence of such dangers.

In case of a tourist emergency, the tourism operator shall promptly report to the relevant agencies of the locality of emergency and this Municipality’s tourism administrative department.

Article 45

A tourism operator shall make public his/her service items, contents, and charge standard, and explicitly display the prices, and shall be prohibited from selling by force through tickets or package tickets.

The scenic area (site) with government-guided prices, shall strictly control the price raise; in case of fee charging or admission price raise, it is imperative to demonstrate the necessity and feasibility thereof and have the admission price determined or adjusted according to the procedures set by the State and this Municipality.

Article 46

Tourism operators with business contacts shall not offer or accept each other’s commission in concealed accounts.

They shall agree, through contracts, on the specific amount or proportion of the commission payment, bring the commission into the business income, and pay tax according to law.

Tourism operators shall not pay commission directly to tourist guides or such other tourism employees.

Article 47

For a tourist activity, a travel agency shall sign a written tourism contract with the tourists. The signing of a tourism contract may refer to the model contract text recommended by the relevant administrative departments. Upon the consent of the tourists and the travel agency through consultation, the following items may be included in the contract:

1. the settlement of disrupted travels due to the delay or cancellation of air, railway, ship or such other transportation operation;

2. the settlement of disrupted contract performance due to force majeure; and

3. other items that need to be agreed on.

Where a travel agency has business contacts, due to reception and solicitation of customers, with other travel agencies and enterprises in terms of accommodation, catering, transport, shopping, or scenic areas (sites), a contract shall be concluded to specify rights and obligations of both parties. Where outbound tours are organized, overseas travel agencies shall be selected in accordance with the state provisions.

A travel agency that fails to provide relevant services by the standards specified in a tourism contract shall bear liability for breach of contract and, in the case of losses caused to tourists, shall make compensation in accordance with law. Where a tourism contract fails to be fulfilled or fails to be completely fulfilled due to other tourism operators, inflicting losses on tourists, the tourists are entitled to claim compensation with the travel agency, and the travel agency, after making compensation, has the right to look into liability for breach of contract on the part of the tourism operators who caused the nonperformance of the tourism contract in part or in whole.

The travel agency shall pay service quality deposit according to the relevant state provision to pay compensation for damage to the rights and interests of tourists and to make payment in advance of expenses of emergency aid to tourists in danger of personal safety.

Article 48

Where a specific shopping place is designated or another paid tour item is separately arranged upon consensus between a travel agency and tourists or upon demand of tourists, a written contract shall be signed with tourists and the following norms shall be observed:

1. The itinerary of other tourists in the same group shall not be affected;

2. No kickback or other improper benefits shall be gained through the designated specific shopping place or another paid tour item separately arranged;

3. The specific shopping place and the business premises for another paid tour item shall be open to the other general public at the same time; and

4. The basic information and potential consumption risk in a specific shopping place and another paid tour item shall be expressed beforehand to tourists.

Apart from the provisions in the preceding clause, a travel agency and its employees, when organizing and receiving tourists, shall not designate a certain shopping place, nor arrange another paid tour item, nor refuse to sign a tourism contract or raise group tour fees or other charges due to tourist refusal to a designated shopping place or another paid tour item.

Where tourists purchase commodities in a tourist store stipulated in the written contract with a travel agency, and the sellers make adulteration, pass fake imitations for genuine, sell seconds at the best price, pass off the unqualified as qualified goods, or sell commodities that cease to be effective or that have deteriorated, the tourists may claim compensation with the travel agency, and the travel agency, after having made the compensation, has the right to recover the payment from the sellers.

Article 49

This Municipality’s travel agency that commissions other travel agency to sell package tourist products, or that sells package travel products on commission of other travel agency shall observe the following norms:

1. To sign a commission contract, stipulating the contents, forms, commission and payment, rights and obligations of both parties, liability for breach of contract, complaint-handling mechanisms, and emergency handling procedures in respect to package tourist products on commission;

2. To file the commission contract according to the relevant provisions of this Municipality with the district tourism administrative department at the place where industrial and commercial registration is made;

3. To express the commission relationship to tourists and give them the notice and instructions on relevant matters according to relevant provisions of the State and this Municipality; and

4. When signing a package tour contract with tourists and making tour charges, the commissioned agency shall use the contract and stamp of, and issue invoices of, the travel agency that gave the commission, and shall state clearly in the package tour contract the basic information of the travel agency and the commissioned agency.

Article 50

When signing a tourism contract with tourists, a travel agency shall explain the following items to the tourists:

1. the specific contents of the tourism contract;

2. the laws, norms, customs and habits of the tourist destination that need tourists’ attention;

3. notice items on medical aids in case of emergency; and

4. other matters to be expressed to tourists as prescribed by laws and regulations.

Article 51

A travel agency shall distribute registration forms of health information to the tourists, guide the latter to fill in them, and remind the tourists to bring them along.

The tourists shall fill in the registration forms of health information truthfully.

Article 52

Operators of travel agencies, hotels, tourist transportation, and high-risk tourism items such as upper air, high speed, on water, diving and expedition shall have relevant liability insurance coverage according to relevant state provisions.

This Municipality implements a blanket insurance system for tourism operator liability, and the relevant trade associations may organize tourism operators of this Municipality and other provinces and municipalities that set up branches in Shanghai to have the relevant liability insurance coverage in a centralized way.

Article 53

A travel agency that needs to rent passenger vehicles or ships shall choose a transportation enterprise with corresponding qualifications and vehicles or ships that have been covered by legally compulsory insurance.

In the tourist transportation contract signed between a travel agency and a transportation enterprise, the operation plan shall be defined, and the transportation route and price, the requirements on vehicles or ships, the liability for breach of contract, and such other matters shall be agreed on.

Vehicles and ships carrying tourists shall be staffed with qualified drivers and sailors, have satellite positioning devices with function of travelling records, seat belts, lifesaving and firefighting equipment and other safety facilities and equipment, and keep such safety facilities and equipment in normal use. Drivers, sailors, attendants and tour guides shall remind passengers of safety instructions. Passengers shall raise safety awareness, observe safety warning regulations, and use seat belts and other safety facilities and equipment as required.

Vehicles and ships carrying tourists shall not carry passengers beyond rated capacity; vehicle drivers and ship sailors shall not drive over the speed or hour limit or under fatigue.

Article 54

This Municipality implements an assessment system for the service quality of travel agencies.

The assessment of the service quality of travel agencies shall be voluntarily applied for by travel agencies, be assessed by the relevant trade associations according to this Municipality’s relevant standards, and the assessment shall be announced to the public.

Article 55

A tour guide shall pass the qualification examination before obtaining a tour-guide qualification certificate. A person who has obtained a tour-guide qualification certificate shall sign a labor contract with a travel agency and scenic area (site) or register with a tourism organization in this Municipality before applying for a relevant tour-guide certificate. Tour guides providing tour-guide service shall observe laws, regulations and vocational ethics.

A travel agency or scenic area (site), when temporarily employing a tour guide to provide services for tourists, shall enter into a contract in writing with the tour guide, stipulating the rights and obligations of both parties.

A tour guide who has any of the following conditions shall not be arranged by a travel agency or scenic area (site) to provide services to tourists:

1. having no or restricted capacity for civil acts;

2. having a contagious disease; or

3. other matters as may be provided by laws, regulations and rules.

The tourism organization shall strengthen good faith education for tour guides, and set up service evaluation mechanisms for tour guides.

The municipal tourism administrative department shall bring the basic information, and award and punishment records of tour guides in the credit files.

Article 56

Facilities and equipment of hotels shall satisfy the standards set by the State and this Municipality. A hotel operator shall abide by laws and regulations, provide tourists with standard services, and protect personal and property safety of the tourists.

Hotels exercise the grade assessment and cross-check system. The standard and procedures for assessment and cross-check follow relevant provisions set by the State and this Municipality. A hotel that has obtained the service quality grade shall provide services that correspond to its service quality grade; a hotel that has not obtained the service quality grade shall not use the service quality grade mark and title.

Article 57

The limits of a scenic area (site) shall be demarcated rationally in line with the urban and rural planning.

A scenic area (site) operator shall, in accordance with tourist safety, service quality, and other requirements, determine the tourist reception capability, exercise flow control, and publish it to the general public.

Scenic areas (sites) shall, according to the needs of reception and the relevant standards provided by the State and this Municipality, set up water supply, power supply, parking lots, public toilets and non-impeding facilities, and such other auxiliary service facilities for tourism, and guiding and descriptive signs in Chinese and foreign language(s).

Article 58

The gathering and dispersing centers of tourists shall practice uniform establishment and standard management. The gathering and dispersing centers of tourists shall institute the supervision system for operation, conducting routine supervision on conveyances, operation standards and service items for which the tour routes operators undertake commitments, and assisting relevant administrative departments in doing well the safety supervision and control work of tour route conveyances.

Article 59

Cruises and travel agencies, when providing cruise tour services for tourists, shall provide tourists with a contract, steamer tickets, service description and other materials in Chinese text; the standard terms used in the contract the cruises and travel agency signed with tourists shall be filed with the municipal industrial and commercial administrative department according to relevant provisions of this Municipality.

The cruises and travel agencies shall remind tourists in a conspicuous manner of safety instructions, risk warning, etiquette, manners, civil liability and obligations, exemption of liability, complaint telephone, channel for legal aid and such other contents. The cruise terminal shall help publicize and post the relevant contents at public places.

In the event that the cruise cannot call at a port or change the port of call due to delay, the cruises, travel agency and cruise terminal shall release timely information to tourists, notify them of the solution scheme and make explanations and persuasion thereto. Cruise tour disputes shall be settled according to relevant provisions of law and stipulations in the contract.

In a cruise tour activity or during the settlement of disputes, tourists shall not affect the normal order of port and wharf, nor shall damage the legitimate rights and interests of the cruises, travel agencies or other tourists.

The municipal tourism and transport administrative departments shall formulate the operation norms for cruise tours. The municipal tourism administrative department shall, jointly with the municipal industrial and commercial administrative department, prepare the demonstration text of the contract for reference and use by the cruises and travel agencies to sign a contract with tourists.

Article 60

A network tour operator shall provide tourists with true and reliable tour service information, as well as business address, contact mode, safety instructions, risk warning and such other information according to relevant provisions of the State and this Municipality. In respect of services actually provided by other operators, it is necessary to be marked on the conspicuous position of the main page of the relevant product and provide tourists with such information as the name, business address and contact mode.

Where single business of tourist transportation, accommodation, catering, sightseeing or entertainment is ordered by agent via the network, operators with corresponding business qualification shall be selected as service suppliers.

An operator who deals in services of travel agency via the network such as operating package tours, or selling package tour products, assigning tour group leader or guide and handling tourist visa (endorsement) on commission shall obtain the business license of travel agency and shall display the information of license, business address and contact mode on the conspicuous position of the main page of its website. The website shall be networked with, and attested by, the tourism administrative department.

Article 61

Farmers in this Municipality conducting the farmyard tour business including catering and accommodation by use of houses on their own home lots or other conditions, or farmers’ cooperatives conducting on their members’ commission the farmyard tour business including catering and accommodation by use of houses on their members’ home lots or other conditions shall comply with the special planning for farmyard tours prepared by the district tourism administrative department, and enjoy the preferential policy on tax according to relevant provisions.

The Municipal People’s Government shall, in light of the actual circumstances of this Municipality, follow the principle of promoting development and making adequate control to draw up the management method for farmyard tour business. Where the number of guest rooms and business area in the farmyard tour business exceed the prescribed standards, the management system for hotel industry set by the State and this Municipality shall be exercised.

Article 62

Hotels, scenic areas (sites) and other tour operation places shall in conspicuous positions use public information graphic symbols in compliance with the state provisions.

Article 63

Tourism operators and their employees shall not do any one of the following acts:

1. organizing or furnishing activities that damage the state interests, national dignity and in contravention of social ethics;

2. dealing in tour business beyond the authorized scope;

3. imitating registered trademarks, brand names or quality accreditation marks of other tourism operators, or arbitrarily using titles of other tourism operators;

4. making false publicity on service scope, contents or standards; or

5. such other acts prohibited by laws, rules, or regulations.

Article 64

Where disputes arise between tourists and tourism operators, the tourists may seek solution through the following channels:

1. conducting consultation with tourism operators;

2. lodging complaints with the consumers’ association or the tourism trade association;

3. filing complaints with the tourism, industry and commerce and other administrative departments;

4. applying to the arbitration body for arbitration if there is an arbitration clause stipulated in a tourism contract or if an arbitration agreement in writing is reached after the event; and

5. bringing a lawsuit to the people’s court.

Article 65

Tourism administrative departments shall perfect the tour complaints lodging system, set up and publish complaint telephones, and receive complaints from tourists. A tourism administrative department, after receiving a complaint from a tourist, shall make a handling decision and reply to the complainant within forty-five days if the handling is under its authority; and, in the case of a complaint that is subject to the handling by another department, it shall refer the complaint to the relevant department and notify the complainant within five workdays.

Chapter V  Legal Liability

Article 66

Tour operators and their employees who violate any provisions of tourism operation administration for which penalties are provided by laws or regulations shall be liable to such penalties.

Any tourist who violates the provision of Article 41 of these Regulations shall be dealt with as provided for by relevant laws or regulations.

Article 67

Any tourism operator who in violation of the provision of Clause 1 of Article 45 of these Regulations, sells by force through tickets or package tickets shall be ordered by the tourism administrative department to make correction, and have his/her illegal gains confiscated and a fine of not less than one time but not more than five times the amount of the illegal gains shall be imposed; or, in case there are no illegal gains, a fine of not less than 2,000 yuan but not more than 10,000 yuan shall be imposed.

Article 68

Where a travel agency, in contravention of the provisions of Item 2 of Article 49 of these Regulations, fails to be filed with the tourism administrative department as required, the tourism administrative department shall order correction and impose a fine of not less than 2,000 yuan but not more than 5,000 yuan.

Article 69

Where a travel agency violates the provisions of Clause 1 or 3 of Article 50 of these Regulations, using vehicles or ships out of compliance with regulations to undertake tourist transportation, the tourism administrative department shall order rectification, confiscate illegal gains and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan; if the illegal gains exceed 50,000 yuan, a fine of not less than one time but not more than five times the illegal gains shall be imposed; in a serious case, an order shall be issued for business suspense for rectification or for cancellation of business license of travel agency; a fine of not less than 2,000 yuan but not more than 20,000 yuan shall be imposed on the chief person in direct charge and other persons held directly responsible.

Article 70

Where a travel agency, scenic area (site), in contravention of the provisions of Item 3 of Article 55 of these Regulations, arranges tour guide not complying with the provisions to provide services for tourists, the tourism administrative department shall order correction, confiscate illegal gains and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan.

Article 71

A tourism operator who has any one of the conditions set under Articles 66, 67, 68, 69, 70 and 71, shall be punished according to laws and regulations, the organ imposing punishment shall record the administrative penalty information of the illegal tourism operator in the credit files and make it known to the general public via the enterprise credit information publishing system and get it collected to the municipal public credit information service platform.

Article 72

The party concerned, if disagreeing with the specific administrative act made by a tourism administrative department and a relevant administrative department, may apply for administrative reconsideration, or bring an administrative lawsuit according to the Law of the People’s Republic of China on Administrative Reconsideration or the Administrative Litigation Law of the People’s Republic of China.

Where the party concerned does not apply for administrative reconsideration, nor does he/she bring an administrative lawsuit, nor perform the specific administrative act within the prescribed time limit, the tourism administrative department and the relevant administrative department that made the specific administrative act may apply to the people’s court for enforcement.

Article 73

Staff members of a tourism administrative department and other relevant administrative departments who neglect their duties, abuse their powers or engage in malpractice for personal gains, shall be punished with disciplinary sanctions by the units where they work or the competent administrative department at a higher level; if the wrongful acts constitute a crime, the wrongdoers shall be prosecuted for their criminal liability as provided for by law.

Chapter VI  Supplementary Provision

Article 74

These Regulations shall be effective as of March 1, 2004.