Regulations of Shanghai Municipality on Tourism
Regulations of Shanghai Municipality on Tourism
(May 14, 2020)
Contents
Chapter I General Provisions
Chapter II Promotion and Development of Tourism
Chapter III Tourism Planning and Resources Protection
Chapter IV Protection of Rights and Interests and Operation Norms
Chapter V Legal Liability
Chapter VI Supplementary Provisions
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 standardizing the order of the 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 rules, and in the light of the actual circumstances of this Municipality.
Article 2
The tourism industry mentioned in these Regulations means an integrated industry using tourist resources and facilities to provide tourists with such services as tours, accommodation, food and beverage, transport, shopping, recreation, information, etc.
The tourist resources mentioned in these Regulations mean the natural resources, historical and humanistic resources and other social resources, which may be exploited and utilized for the development of the tourism industry and may bring benefit to the economy, society, and environment.
The tourism operators mentioned in these Regulations mean the units or individuals engaged in tourism business 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 the protection of tourist resources as well as to the business 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 the tourism industry shall be coordinated with the economic and social development, highlight 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 organizing and leadership over the tourism work in this Municipality, incorporate the development of the tourism industry in the national economic and social development plans, set up the coordination mechanisms for tourism work, and make overall plans and coordination for tourism public services, the development of the tourism industry, the supervision over the tourist market and the promotion of the tourism image.
The district people’s government shall strengthen its organizing 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 sustainable healthy development of tourism, and promote the coordinated development of tourism and related industries.
The administrative agencies of the special scenic areas that are determined by the State and this Municipality may make overall plans and coordination for tourism public services, the development of the 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, maintenance of the tourism environment and order, 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 the tourism industry.
Article 6
The municipal tourism administrative department and the district tourism administrative departments (hereinafter jointly referred to as tourism administrative departments) shall be responsible for the drawing up of tourism planning, the promotion of the tourism industry, the organization and coordination of the exploitation, utilization and protection of tourist resources, and for the guidance, supervision and administration of tourism business activities in their respective administrative areas.
Relevant administrative departments shall, in accordance with their respective functions and duties, safeguard and promote the development of the tourism 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, and organization of major tourism promotion activities.
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
The 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 the tourism 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 tourism business 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 rules 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 integrated 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 people’s 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, and domestic and international cooperation and exchanges, strengthen the publicity of this Municipality’s city image, main scenic areas (sites), important festivals, sports 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 areas (sites), routes, 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 communities and strengthen tourism publicity thereto, and provide conveniences for community residents’ 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 areas.
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 transportation administrative departments, rationally set up or arrange temporary parking lots for tourist vehicles at public transportation hubs like airports, railway stations, docks, etc., in main scenic areas and on main scenic sites.
The municipal tourism administrative department shall, jointly with the public security, and construction and transportation 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
The tourism administrative departments shall carry out tourism statistics analysis, set up tourism information administration systems, realize intercommunication of tourist information among regions and publish relevant tourist information to the public.
The municipal statistics administrative department shall, jointly with the municipal tourism administrative department, perfect the tourism statistical indicator system and survey method, establish a scientific assessment system for tourism development and carry out city-wide monitoring on the tourism industry. The tourism administrative departments, tourism enterprises and public institutions and other organizations, as the statistical and survey objects, shall submit 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 shall institute a system for forecast about holiday tours and a 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 may 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 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 plans 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, firefighting, health, market regulation, transportation, landscaping and city appearance administration, 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, sports events, conventions and exhibitions, and such other activities.
Article 20
The 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 the tourism industry by use of such activities as relevant specialized conferences, fair trading, theatrical festivals, sports 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 the tourism industry.
Article 22
This Municipality shall promote the development of water tourism, such as cruise, pleasure boat, yacht, etc., enhance the input and construction of public facilities for water tourism, promote the routes and products of water tourism, and strengthens the publicity and introduction thereof.
The municipal administrative departments of tourism, and transportation 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 afairs administration, 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, transportation, port services and tourism shall jointly push ahead with the construction of docks 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 of cruise ports.
The municipal market regulation department shall organize the municipal administrative departments of tourism, transportation, and marine affairs administration to formulate the service standards for water tourism. The administrative departments of tourism, transportation, and marine affairs administration shall strengthen supervision over water tourism, and guide the water tourism operators to provide high-quality services.
Article 23
This Municipality shall push ahead with the exploitation of rural tourist resources and promote 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 administrative departments of tourism, and agriculture shall strengthen 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 market regulation department shall, jointly with the municipal administrative departments of tourism, agriculture, public security, and ecology and environment, 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 activities, 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, sports 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 Paragraph, and the specific administrative procedures shall be provided by the Municipal People’s Government.
Article 26
The tourism administrative department and relevant 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 touists’ 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, landscaping and city appearance, and radio and television, formulate policies and measures to promote tourism consumption.
Article 28
The tourism administrative departments and relevant administrative departments shall strengthen the building of tourism colleges, schools, and specialties, promote scientific research, and teaching and vocational training on tourism, and cultivate personnel specialized in tourism.
Article 29
This Municipality shall pursue 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 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 to 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 cooperation with the Yangtze River Delta and other domestic regions for the development of inter-regional tourism.
In respect of tourism development of the Huangpu River, Suzhou Creek, and other water system landscape, and with respect to the development of adjacent tourist resources between districts, an 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 resorts, 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 tourist environment and ecological environment.
When examining and approving scenic areas (sites), hotels, and other tourism construction projects, relevant administrative departments shall solicit opinions from the 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 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 the 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, 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. being informed of the true matters about products and services provided by tourism operators;
2. choosing independently the tourism operators and the modes and contents of products and services provided thereby;
3. requesting tourism operators to provide services at prices matching quality, in line with the agreements or the usual practices;
4. getting respect for personality dignity, national customs and habits, and religious beliefs;
5. enjoying 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 laws, rules 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 the provisions of laws and rules, 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 the 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 business 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 rules, corresponding operation permits shall be obtained.
A tourism operator that 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.
For the needs of emergency response, the tourism operator shall take emergency measures such as emergency closure of tourist routes, scenic areas (sites), passenger flow control, and epidemic prevention in accordance with the provisions of the State and this Municipality.
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/its 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 rise in the admission fee; in case of fee charging or admission price rise, 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 others’ 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 tour guides, group leaders 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 the contract fails to be fulfilled due to emergency events, in the case of constituting force majeure, it shall be handled in accordance with relevant laws and regulations and the contract agreement.
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 the 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, the travel agency shall sign a written contract with the tourists and observe the following norms:
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 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 Paragraph, 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 collect other charges due to tourist refusal to a designated shopping place or another paid tour item.
Where tourists purchase commodities in a certain shopping place 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 another travel agency to sell package tourist products, or that sells package travel products on commission of another travel agency shall observe the following norms:
1. Signing 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. Filing the commission contract according to the relevant provisions of this Municipality with the district tourism administrative department at the place where its industrial and commercial registration is made;
3. Expressing 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 rules.
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 shall implement 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 the 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 shall implement 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 or 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 services shall observe laws, rules 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 provided by laws, rules and regulations .
The tourism trade 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 rules, provide tourists with standard services, and protect personal and property safety of the tourists.
Hotels shall 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 accessible 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 a 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 over 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 agencies sign with tourists shall be filed with the municipal regulation 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, the channels for legal aid and such other contents in respect of cruise tours. The cruise terminal shall help publicize and post the relevant contents at public places.
In the event that the cruise is delayed, cannot call at a port or change the port of call, the cruise, travel agency and cruise terminal shall release timely information to the 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, the tourists shall not affect the normal order of the port and wharf, nor shall they damage the legitimate rights and interests of the cruises, travel agencies or other tourists.
The municipal administrative departments of tourism and transportation shall formulate the operation norms for cruise tours. The municipal tourism administrative department shall, jointly with the municipal market regulation administrative department, prepare the model contract text 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 the 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 another operator, it is necessary to mark that 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 of the said operator.
Where single business of tourist transportation, accommodation, catering, sightseeing or entertainment is ordered by an 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 leaders or guides and handling tourist visas (endorsement) on commission shall obtain the business license of a 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 administrative procedures for farmyard tour business. Where the number of guest rooms and the business area in the farmyard tour business exceed the prescribed standards, the administrative system for the 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 the titles of other tourism operators;
4. making false publicity on the 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, market regulation 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
The 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 rules 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 rules.
Article 67
Any tourism operator who in violation of the provision of Paragraph 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 Paragraph 1 or 3 of Article 50 of these Regulations, using vehicles or ships out of compliance with the regulations to undertake tourist transportation, the tourism administrative department shall order rectification, confiscate the 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 the 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, or a scenic area (site), in contravention of the provisions of Item 3 of Article 55 of these Regulations, arranges a 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 Article 66, 67, 68, 69, 70 or 71, shall be punished according to laws and rules, the organ imposing the 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 a 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 Administrative Reconsideration Law of the People’s Republic of Chin 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 superior competent administrative department; 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.