(Adopted at the 23rd Session of the Standing Committee of the 10th People’s Congress of Sichuan Province on September 28, 2006)
Chapter I General Provisions
Article 1 These Regulations are formulated in light of the actual conditions of Sichuan Province and in accordance with relevant state laws and administrative regulations, with a view to protecting, developing and making use of tourism resources to a reasonable extent, regulating the tourism market, safeguarding the lawful rights and interests of tourists and tourism business operators and promoting the development of tourism.
Article 2 These Regulations apply to the provision of such services to tourists as transportation, sightseeing, accommodation, catering, shopping, entertainment and information in the administrative region of Sichuan Province by taking advantage of tourism resources and service facilities, as well as the supervision and administration over the foregoing.
Article 3 The development of tourism shall follow the principle of government leading, social participation, market operation and industrial self-discipline, as well as combining the protection with the reasonable development and utilization of tourism resources and integrating ecological effect, economic effect and social effect.
Article 4 Local people’s governments at and above county level shall incorporate the development of tourism into the planning of national economic and social development, formulate industrial policies for tourism development, and reinforce the construction of tourism infrastructure.
Article 5 Competent departments of tourism administration in local people’s governments at and above county level shall be responsible for the organization, coordination, guidance, supervision and administration of the tourism industry within the respective administrative regions. Other relevant competent departments shall work in collaboration in respect of the supervision and administration over tourism in accordance with the provisions of these Regulations and on the basis of their respective duties.
Organs for tourism administrative law enforcement and quality supervision and administration shall be responsible for law enforcement and supervision of the quality of tourism services and dealing with tourists’ complaints. Expenses for such organs shall be listed into the annual fiscal budgets at the corresponding level.
Article 6 Tourism industrial associations shall improve the industrial self-discipline system, stick to lawful operation, and give full play to the role of service, guidance and supervision in order to promote the healthy development of the tourism industry.
Chapter II Promotion of Tourism
Article 7 The development of tourism shall be planned in a central manner and the exploration of tourism shall conform to such central planning.
The tourism planning shall highlight local features, conform to overall planning of land use and overall urban and rural planning, and coordinate with planning of nature and ecological reserves, protected zones of cultures and cultural relics and scenic spots. The formulation of other relevant planning shall take into consideration of their tourism functions and the development of tourism.
Article 8 Competent departments of tourism administration in people’s governments of cities (or prefectures) and counties shall, in collaboration with relevant departments, formulate tourism development planning, touring scenic spots planning and special tourism planning, and enforce such planning upon review by competent departments of tourism administration at the immediate higher level and approval by people’s governments at the same level.
Competent departments of tourism administration in the provincial people’s government shall, in collaboration with relevant departments, formulate provincial tourism planning and inter-city or inter-prefecture regional tourism planning, arrange for review of the same and enforce the same upon approval by the provincial people’s government.
Modification to and revocation of the tourism planning shall be approved by the original approving organs.
Where the formulation of tourism planning involves the use of fiscal expenses, relevant authorities shall arrange for public bidding to engage qualified professional institutions to provide technical services in respect of the formulation of the planning.
Article 9 Local people’s governments at and above county level shall, on the basis of the development of local tourism and fiscal conditions, list necessary expenses in respect of the exploration and protection of tourism resources, tourism administration and tourist publicity into the annual fiscal budgets and increase such expenses year by year. Special funds for tourism development may be set up where conditions allow.
Article 10 The construction of tourist attractions shall conform to the tourism planning. Relevant parties shall seek the written comments from competent departments of tourism administration when initiating projects of tourist attractions and submit the projects to authorities for approval in accordance with relevant procedures in respect of construction.
Article 11 The ownership and the right of operation of state-owned tourism resources may be separated to an appropriate extent. Legal persons and other organizations may acquire the right of operation of state-owned tourism resources by means of leasing, contracting, bidding and other statutory means, except as otherwise stipulated in laws and rules.
The right of operation of nation-level scenic spots and tourist attractions may not be transferred in their entirety. The right of operation of other scenic spots and tourist attractions and of certain parts in nation-level scenic spots and tourist attractions may be transferred subject to the examination by the people’s governments of cities and prefectures and approval by relevant competent departments of the provincial people’s government.
Article 12 Relevant authorities shall set up the forecasting system of holiday tourist information and the distribution system of travel alerts.
Competent departments of tourism administration of the provincial people’s government shall make public through mass media tourist reception information of major tourist attractions on the occasion of the Spring Festival, the Labor Day, the National Day and other major tourist events.
Where there exist potential treats to tourists’ security of person and property in major tourist attractions, competent departments of tourism administration shall issue travel alerts in a timely manner.
Article 13 Competent departments of tourism administration of local people’s governments at and above county level shall establish databases of tourism resources to promote information-based tourism administration.
Non-profit-making tourist consultancy service shall be made available at public transportation hubs, major tourist attractions and scenic spots and major commercial blocks so as to provide tourism information and consultancy service to tourists.
Article 14 Local people’s governments shall support the development of and facilitate self-guided tours.
Chapter III Tourism Business
Section 1 General Provisions
Article 15 Tourism business refers to the attraction and reception of tourists and the provision of such comprehensive services as transportation, sightseeing, accommodation, catering, shopping, entertainment and information to tourists by taking advantage of tourism resources and service facilities.
Article 16 The principle of equality shall be followed in entering into contracts of tourism business.
Where tourists and tourism business operators enter into contracts with standard terms and conditions, the exemplary versions of such contracts are to be provided by competent provincial departments of industry and commerce administration and of tourism administration.
Article 17 The principle of honesty and credibility shall be followed in tourism business, and relevant parties shall fulfill their obligations as agreed in contracts.
Where the rate of business promotion fees is agreed in contracts between tourism business operators, such payments may not be made directly to the tourism profession.
Tourism business operators that have not been graded against national service quality standards may not use the signs or titles of service quality grading. Those that have been graded may not use such signs or titles of service quality grading in violation against relevant provisions.
The tourism profession may not forge, alter, sell or buy, or lend their tourism professional certificates.
Article 18 National standards and industrial standards shall be enforced in tourism business. Where national or industrial standards are unavailable, such standards as agreed within the trade provided in these Regulations may be enforced.
Such standards as agreed within the trade shall be negotiated and agreed upon by the Tourism Association of Sichuan Province, under the direction of competent departments of tourism administration and of standardization administration of Sichuan Province.
Such standards as agreed within the trade may not be in conflict with national standards or industrial standards.
Article 19 Tourism business operators shall ensure work safety, and formulate and enforce emergency response plans for safety accidents and contingent accidents so as to safeguard tourists’ health and security of person and property.
Section 2 Travel Agencies
Article 20 Travel agencies shall determine the establishment of sales offices on the basis of business development, and report such establishment to competent departments of tourism administration for filing and promulgation.
Sales offices of travel agencies may not establish branches nor enter into contracts in the name of such sales offices, nor employ or assign tour guides or tour leaders.
Article 21 Travel agencies engaging in overseas or outbound travel business may not entrust those travel agencies without qualifications for overseas or outbound tours with entering into overseas or outbound travel contracts or with handling procedures of overseas or outbound tours.
Where travel agencies engaging in overseas or outbound travel business arrange for such travel activities, the travel agencies shall undergo relevant procedures pursuant to state provisions and report to relevant authorities for examination.
Article 22 Travel agencies shall enter into employment contracts with tour guides and tour leaders, pay salaries and rewards, and make social insurance payments for the same. Travel agencies may not charge any expense in any form from tour guides or tour leaders.
Travel agencies that need to employ tour guides on a temporary basis shall employ such tour guides as registered with tourism administrative service agencies, and enter into employment contracts with the employed tour guides, in which the rights and obligations of both parties shall be prescribed.
Travel agencies may not employ such personnel as fail to obtain the certificates of tour guides to take up tour guiding.
Article 23 When arranging for travel activities, travel agencies shall enter into written agreements with tourists, in which the service items, charges and liabilities for breach of contract shall be specified. Where exemplary contracts with standard terms and conditions are adopted, travel agencies shall inform tourists of the detailed meaning of relevant standard terms and conditions. Self-cared and self-funded items shall be specified in the travel contracts and at the tourists’ own choice. Tourists that have extraordinary needs may have special agreement with the travel agencies.
Travel agencies shall, pursuant to the travel contracts, formulate schedules for the package tours and give out such schedules as well as service quality questionnaires to tourists.
Article 24 Where travel agencies have business exchanges with other tourism business operators for the purpose of receiving and attracting tourists, the travel agencies shall choose those tourism business operators with statutory qualifications as service providers, and enter into contracts with the same, in which the rights and obligations of the parties shall be prescribed.
Article 25 Where travel agencies engage in package tours service, the contract prices of the same package tour with the same standards shall be relatively equivalent. The difference between the contract prices of the same package tour with the same standards may not exceed 15%. In the case that the price difference exceeds 15%, the travel agencies shall refund such excess to tourists.
Article 26 Travel agencies shall offer services in compliance with the travel contracts and the schedules for the package tours, and may not unilaterally alter the items as agreed.
Where the travel agencies fail to perform the entire or part of the travel contracts due to reasons on the part of other tourism business operators, the tourists may claim compensations against the travel agencies in the first place. After making compensations, the travel agencies may demand recovery from other relevant tourism business operators.
Article 27 In the case of delays in the itinerary as a result of the travel agencies’ own faults, the travel agencies shall solicit opinions from the tourists. Where the tourists consent to continue to perform the contracts, the travel agencies shall pay relevant fees arising in the delayed period and liquidated damages. Where the tourists decide to terminate the contracts, the travel agencies shall arrange to send the tourists back to the meeting location, refund relevant fees for the unfinished itinerary, pay liquidated damages, and compensate for direct economic losses.
Article 28 Travel agencies shall operate package tour business in an independent manner. Where there is real difficulty and shift to other package tours or combination of touring groups is necessitated, the travel agencies shall acquire the tourists’ consent and make supplementary agreement in the travel contracts.
Travel agencies may not shift tourists to other package tours or combine touring groups without the tourists’ consent.
Article 29 Travel agencies may not be justified in terminating the operation of the package tours unilaterally or detaining tourists by the disputes between tourism business operators.
Article 30 Travel agencies shall effect travel agency liability insurance and tourist personal accident insurance pursuant to State provisions.
Article 31 Travel agencies shall rent passenger vehicles or vessels from transportation enterprises with operation permits of tourist passenger transport, and enter into tourism transport contracts, in which the parties shall specify the touring plans and agree upon the routes, price, standards of the vehicles or vessels as well as liabilities for breach of contract.
Catalogs of transportation enterprises with qualifications for tourist passenger transport are to be publicized by competent provincial departments of transportation administration.
Article 32 Travel agencies shall take part in the annual examination on business operation arranged by competent departments of tourism administration pursuant to relevant state provisions and abide by relevant regulations.
Section 3 Tour Guides
Article 33 Tour guides shall take the national uniform qualification examination for tour guides. Only those who have passed the qualification examination are to be issued qualification certifications for tour guides.
Tour guides who have obtained qualification certifications may apply for the certificates of tour guides provided that they enter into employment contracts with travel agencies. Tour guides who have not entered into employment contracts with travel agencies may also apply for the certificates of tour guides provided that they are registered with service agencies for tour guide administration.
Those who have not obtained the certificates of tour guides may not engage in any tour guiding.
Article 34 Service agencies for tour guide administration are to provide training and make recommendations for tour guides who have been registered with such agencies. Travel agencies shall enter into employment contracts with tour guides whom such travel agencies decide to employ, in which the scope of service, term of employment and remuneration shall be set forth.
The employed tour guides shall submit to the arrangements of the employing travel agencies.
The provincial people’s government is to formulate separate regulations governing the establishment of service agencies for tour guide administration.
Article 35 When entering into employment contracts with travel agencies, tour guides shall have the right to demand the employing travel agencies’ clear commitment of salaries, remuneration and social insurance payments. Where the rate of business promotion fees is agreed upon, such payments shall be made to the tour guides by the travel agencies.
Article 36 Tour guides shall offer corresponding services pursuant to the travel contracts and the schedules of the package tours and may not unilaterally alter the travel contracts or the schedules of the package tours.
Article 37 When engaging in tour guiding, tour guides may not:
a) undertake tour guiding business without the delegation of the employing travel agencies or directly undertake tour guiding business in any form;
b) mix vulgar or obscene remarks into the explanation for the purpose of appealing to the bad taste of individual tourists;
c) attempt to sell goods to or purchase goods from the tourists;
d) claim tips from the tourists in an express or implied manner;
e) deceive or coerce the tourists into spending or conspire with other tourism business operators to deceive or coerce the tourists into spending; or
f) claim business promotion fees from other tourism business operators in violation of the agreement reached in the contracts.
Article 38 Tour guides shall take part in the annual examination arranged by competent departments of tourism administration pursuant to relevant state provisions and abide by relevant regulations.
Section 4 Tourist Attractions and Scenic Spots
Article 39 Nation-level scenic spots and tourist attractions shall determine the time period for tourist reception and the bearing capacity for tourists, exercise control over the tourist flow and publicize such control planning 30 days in advance.
Article 40 Tourist attractions and scenic spots shall put up signs of regional demarcation, service facilities and touring directions. Distinct safety warning signs shall be put up in dangerous areas and for dangerous facilities, and necessary protective measures shall be taken accordingly.
Article 41 Tourist attractions and scenic spots shall set up tourist service centers and complaint centers pursuant to relevant regulations and establish necessary supporting facilities.
Major tourist attractions and scenic spots shall establish medical assistance centers as well as build and improve emergency rescue systems.
Article 42 The ticket prices of tourist attractions and scenic spots shall remain reasonable and stable. Tourist attractions and scenic spots may not apply for raising ticket prices within 3 years after price adjustment.
Upon receiving the application for ticket price rise of tourist attractions and scenic spots, competent departments of price administration shall decide whether to accept such application within 30 days. In the case that such application is accepted, relevant departments shall give public notice in this regard. Where the application for ticket price rise of major tourist attractions and scenic spots is accepted, relevant departments shall hold public hearings for price rise, which shall be scheduled 90 days after public notice of accepting such application was given.
The ticket price adjustment of tourist attractions and scenic spots shall take effect as least 90 days after the decision of the same is made.
Article 43 Interpreters in tourist attractions and scenic spots shall obtain the certificates of interpreters.
Competent departments of tourism administration in cities or prefectures where the tourist attractions and scenic spots are located shall assess and examine interpreters in such tourist attractions and scenic spots. The said departments shall issue certificates of interpreters to those who have passed the assessment or examination.
The administration of interpreters in museums, memorials and display halls shall be governed by relevant state regulations.
Section 5 Tourist Passenger Transport
Article 44 Enterprises engaging in tourist passenger transport shall have qualifications for passenger transport and obtain operation permits for tourist passenger transport.
Article 45 Drivers of vehicles or vessels for tourist passenger transport shall offer transportation services in accordance with the transportation contracts and schedules of the package tours. Business operators of vehicles or vessels for tourist passenger transport have the right to decline touring schedules that do not comply with regulations of safe driving.
Business operators of vehicles or vessels for tourist passenger transport shall transport tourists to the agreed place in the agreed period in accordance with the agreed route of transportation. The same may not alter the route of transportation, nor replace the vehicles or vessels without authorization, nor pick up people who are not concerned with the tour groups without authorization.
Where additional transportation expenses arise from the failure on the part of business operators of vehicles or vessels for tourist passenger transport to follow the agreed route, travel agencies and tourists shall have the right to refuse payment of the additional transportation expenses.
Where business operators of vehicles or vessels for tourist passenger transport change the means of transportation resulting in lower services standards, the same shall refund the excessive charges. However, the same may not charge for extra expenses if the service standards are raised.
Article 46 Where delay in tourist transportation arises due to force majeure and other particular reasons, tourist passenger transportation enterprises shall notify the travel agencies and tourists of the reasons for failure of normal transportation, produce relevant written supporting documents, and arrange for shifts to other runs or refund of the tickets through negotiation with the travel agencies and tourists or as agreed in the travel contracts.
Section 6 Hotels and Restaurants
Article 47 Hotels and restaurants shall have star-rating in accordance with state regulations.
The signs of star-rating shall be placed in the most conspicuous position in the front hall of hotels and restaurants.
Article 48 Tourism trade associations may make comments on the preliminary evaluation and verification of the star-rating of hotels and restaurants and report to provincial hotel star-rating agencies for decision.
Article 49 Hotels and restaurants shall offer standardized services to tourists and may not violate laws, rules and relevant criteria.
Where tourists suffer from personal injuries and property loss arising from the services provided by the hotels and restaurants, such hotels and restaurants shall make compensations in accordance with law.
Section 7 Tourist Shopping Centers
Article 50 Tourist shopping centers shall offer the genuine information about relevant commodities or services, and sell at expressly marked prices and by fair dealing. The shopping centers may not make misleading and false promotion, nor deceive or induce the tourists into spending, nor force the tourists to make dealings.
Article 51 When providing commodities or services to tourists, tourist shopping centers shall produce purchase vouchers or service bills pursuant to relevant state regulations.
Article 52 In the case that the commodities that the tourists have bought in the shopping centers designated by the travel agencies turn out to be counterfeit and shoddy, or ineffective or deteriorated, the tourists are entitled to claim compensation against the travel agencies. After making compensations, the travel agencies may claim recovery from the shopping centers.
Article 53 Commodity promotion fees that the shopping centers are committed to paying to the travel agencies as agreed shall be settled with the travel agencies and may not be paid directly to tour guides.
Section 8 Miscellaneous
Article 54 In profit-making performances and entertainment activities for tourists, laws and rules shall be followed and ethnic conventions and customs shall be observed; propagation of feudal superstition and such illegal activities as pornography and gambling shall be banned; and any individual or entity may not deceive, induce or force tourists to spend.
Article 55 Cyber tourism business operators shall offer tourists genuine and reliable travel service information.
Cyber business operators that provide such tourist intermediary agency services to tourists as sightseeing, traveling, accommodation, transportation and catering shall select tourism business operators with statutory qualifications as service providers.
Article 56 Tourism management companies that engage in the management of hotels, restaurants, tourist attractions and scenic spots shall report to competent departments of tourism administration for filing.
Chapter IV Tourists’ Rights and Obligations
Article 57 In traveling activities, tourists shall have the rights:
a) of security of person and property;
b) of personal dignity, ethnic conventions and customs and religious belief being respected;
c) to be informed of the qualifications and certificates of tourism business operators and of the profession as well as the real conditions of the products and services to be provided;
d) of independent choice of business operators and the items and forms of services, and to refuse compulsive dealings;
e) to be offered such tourism services in line with the prices as agreed in contracts or stipulated in these Regulations;
f) to demand ceasing of infringement, apologies and compensation for losses where the lawful rights and interests are infringed; and
g) otherwise stipulated in laws and rules or agreed in travel contracts.
Article 58 In traveling activities, tourists shall fulfill the obligations of:
a) abiding by laws, rules and regulations as well as social morality;
b) keeping tourism orders, and abiding by regulations concerning tourism safety and hygiene;
c) protecting tourist resources, tourism environment and tourist facilities;
d) respecting ethnic conventions and customs as well as religious belief of the visited regions;
e) respecting the tourism profession; and
f) safeguarding rights and interests in a reasonable manner and not lingering or staying in transportation vehicles or business places in the case of disputes with tourism business operators.
Article 59 Where tourists’ lawful rights and interests are infringed by tourism business operators or disputes arise, the involved parties may resort to the following means of:
a) negotiation by themselves;
b) requesting mediation by the consumers’ associations;
c) complaining to competent departments of tourism administration and of industry and commerce administration;
d) arbitration by arbitral agencies where arbitration clauses are contained in the travel contracts or arbitration agreement is reached afterwards; or
e) initiating legal proceedings with the people’s courts.
Chapter V Self-discipline within the Tourism Industry
Article 60 Tourism trade associations are non-profit-making social organizations voluntarily formed by tourism business operators following the principle of honesty and credibility, offering industrial services and effecting self-discipline and administration.
Article 61 Tourism trade associations are to admit into the associations tourism business operators that are willing to follow the principle of honesty and credibility and apply for admission into the associations of their own accord.
Where tourism trade associations set other conditions of membership pursuant to the articles of association of the trade associations, the same shall treat all business operators equally without discrimination.
Article 62 The system of open promise of honest business operation shall be set up, and relevant information shall be made public.
The system of supervision of honest operation in tourism shall be set up to ensure the fulfillment of the promise on the part of members. The commission for supervision of business honesty shall take charge of the supervision of honest operation in tourism.
The system of discipline against dishonesty in tourism shall be set up, and relevant information shall be submitted to relevant competent administrations for filing. Where the members of the trade associations commit any discreditable acts, the commission for supervision of business honesty is to make honesty supervision and self-discipline decisions on the basis of trade conventions.
The system of review of honesty supervision decisions shall be set up. Members of the trade associations that have objections to the honesty supervision and self-discipline decisions may apply for review with the commission for review of honesty supervision decisions.
Article 63 Records of honest operation in the tourism industry shall be kept.
Records of honest operation in the tourism industry shall be made open to the public for reference.
Article 64 Sichuan Province Tourism Association is to provide guidance to the entire tourism industry in Sichuan in respect of honesty and self-discipline. Where tourism trade associations of cities or prefectures apply for admission into Sichuan Province Tourism Association, the conventions for honesty and self-discipline of the latter shall be the basis for the same of the former.
Article 65 Where members of tourism trade associations breach the conventions for honesty and self-discipline and the tourism trade associations deem it required to impose such penalty as suspension of business, and withholding or revocation of operation permits and business licenses, the latter may propose suggestions on administrative penalty to relevant administrations.
Chapter VI Administrative Supervision
Article 66 The people’s governments at and above county level shall reinforce supervision and administration over the tourism market and improve integrated control mechanism of the tourism market.
Relevant departments in the people’s governments at and above county level shall perform the duties of supervision and administration in accordance with law.
Article 67 The people’s governments at and above county level and relevant competent administrations shall reinforce the guidance to and supervision over tourism trade associations.
The people’s governments at and above county level and relevant competent administrations shall support tourism trade associations to offer industrial services and effect industrial self-discipline, and on the basis of actual conditions, transfer or delegate the functions of tourism assessment and service quality rating to tourism trade associations on a gradual basis.
Article 68 Competent departments of tourism administration shall improve the tourism complaint system, and accept and deal with tourists’ complaints in accordance with law and in a timely manner.
Article 69 Competent departments of tourism administration shall, in accordance with relevant regulations, deal with tourists’ complaints to which compensation out of travel agency’s quality security deposit is applicable. In the case of tourists’ complaints to which compensation out of travel agency’s quality security deposit is not applicable, competent departments shall arrange for mediation within 30 days upon accepting the complaints. Upon approval of competent departments of tourism administration at the immediate higher level, mediation may be extended for another 30 days.
Article 70 Competent departments of tourism administration and other competent administrations shall deal with tourists’ complaints in a timely manner in accordance with relevant state and provincial regulations. Those complaints that fall beyond the authority of the recipient administrations shall be transferred to relevant competent departments within 5 days after the receipt of such complaints, and the complainants shall be informed of such arrangement.
Article 71 In tourism administrative enforcement, competent departments of tourism administration shall be entitled to make inquiry with the involved parties and relevant persons, to check and copy relevant documents and materials and to withhold documents and materials that are likely to be transferred or hided. The involved parties and relevant persons shall produce relevant materials and information and may not refuse to do so, prevent others doing so or conceal such materials or information.
Chapter VII Legal Liabilities
Article 72 In the case of illegal use of the signs or titles of service quality grading in violation of the provisions of Article 17 of these Regulations, competent departments of tourism administration shall order rectifications within a specified period of time and may impose a fine of more than 3,000 yuan and less than 30,000 yuan. In the case of failure to make rectifications within the specified period of time, competent departments of commerce and industry administration shall order suspension of business for rectification for 5 to 20 days.
In the case of forgery, alteration, selling or purchase or lending of tourism professional certificates, competent departments of tourism administration shall order rectifications and confiscate illegal proceeds and may impose a fine of more than 1,000 yuan and less than 5,000 yuan.
Article 73 In the case of illegal tourism business operation in violation of the provisions of Article 20 of these Regulations, competent departments of tourism administration shall order rectifications within a specified period of time, confiscate illegal proceeds and may impose a fine of more than 10,000 yuan and less than 30,000 yuan. In the case of failure to make rectifications within the specified period of time, competent administrations shall revoke the operation permits of the travel agencies.
Article 74 In the case of illegal operation of overseas or outbound travel activities in violation of the provisions of Article 21 of these Regulations, competent departments of tourism administration shall order rectifications within a specified period of time and may impose a fine of more than 5,000 yuan and less than 20,000 yuan. In the case that the involved travel agencies refuse to make rectifications, competent administrations may suspend the overseas or outbound travel business of the involved travel agencies or revoke the operation permits of the travel agencies.
Article 75 In the case that travel agencies demand illegal charges from tour guides or tour leaders in violation of the provisions of Article 22 of these Regulations, competent departments of tourism administration shall order refund of such charges and may impose a fine of more than 20,000 yuan and less than 50,000 yuan. In the case that the involved travel agencies refuse to refund such charges, competent administrations shall withhold the operation permits of the travel agencies.
In the case of illegal employment of persons without the certificates of tour guides to take up tour guiding, competent departments of tourism administration shall order rectifications and give warnings, and may also impose a fine of more than 1,000 yuan and less than 20,000 yuan.
Article 76 In the case that travel agencies fail to enter into written contracts with tourists or make schedules of the package tours, or alter the written contracts or the schedules of the package tours unilaterally in violation of the provisions of Articles 23 and 26 of these Regulations, competent departments of tourism administration shall order rectifications and give warnings. In the case that the involved travel agencies refuse to make rectifications, competent administrations may impose a fine of more than 3,000 yuan and less than 10,000 yuan.
Article 77 In the case that travel agencies shift tourists to other package tours or combine touring groups unilaterally in violation of the provisions of Article 28 of these Regulations, competent departments of tourism administration shall order rectifications. In the case that the involved travel agencies refuse to make rectifications, competent administrations may impose a fine of more than 5,000 yuan and less than 20,000 yuan.
Article 78 In the case that travel agencies terminate the operation of the package tours or withhold tourists unilaterally in violation of the provisions of Article 29 of these Regulations, competent departments of tourism administration shall order rectifications and may impose a fine of more than 10,000 yuan and less than 30,000 yuan. In the case that the involved travel agencies refuse to make rectifications, competent administrations shall order suspension of business for rectification for 15 to 30 days.
Article 79 In the case that travel agencies illegally lease vehicles or vessels to engage in travel activities in violation of the provisions of Article 31 of these Regulations, competent departments of tourism administration shall order rectifications and may impose a fine of more than 50,000 yuan and less than 100,000 yuan. In the case that the involved travel agencies refuse to make rectifications, competent administrations shall revoke the operation permits of the travel agencies.
Article 80 In the case that tour guides claim business promotion fees illegally in violation of the provisions of Article 37 of these Regulations, competent departments of tourism administration shall order refund of such fees, impose a fine 3 times to 5 times of the illegal proceeds and may withhold the certificates of tour guides for 3 to 6 months. In the case that on more than three occasions tour guides claim business promotion fees illegally, competent administrations shall revoke the certificates of tour guides and make it known to the public.
Article 81 In the case of violation of the provisions of Article 45 of these Regulations, competent departments of transportation and navigation administration shall give warnings, order rectifications and may impose a fine of more than 1,000 yuan and less than 20,000 yuan. In the case that the tourist passenger transportation enterprises refuse to make rectifications, competent administrations shall revoke the operation permits of tourists passenger transport.
Article 82 Relevant organs shall have the right to investigate the administrative liabilities of the staff of state organs who violate the provisions of these Regulations and:
a) fail to enforce the tourism development planning which results in damage of tourist resources and tourism environment;
b) fail to accept and deal with tourists’ complaints within statutory time limit or transfer the cases to relevant departments pursuant to relevant provisions;
c) fail to issue relevant operation permits or professional qualification certifications in accordance with law;
d) demand illegal funding from tourism business operators; or
e) fail to perform duties of tourism administrative law enforcement in a lawful manner.
Article 83 Competent departments of tourism administration, industry and commerce administration and transportation administration shall impose fines in accordance with law in the case of violations of other provisions of these Regulations.
In the case that the circumstances of the violations of these Regulations are serious enough to constitute a crime, judicial organs shall investigate the criminal liabilities in accordance with law.
Chapter VIII Supplementary Provisions
Article 84 These Regulations shall take effect as of November 1, 2006. The Regulations of Tourism Administration of Sichuan Province adopted at the 29th Session of the Standing Committee of the 8th People’s Congress of Sichuan Province on October 17, 1997 and the Regulations of Tourism Service Quality Administration of Sichuan Province adopted at the 2nd Session of the Standing Committee of the 10th People’s Congress of Sichuan Province on March 27, 2003 are hereby annulled simultaneously.
