Tourism Policy and Legal Framework (旅游政策与法规)
What this domain tests
You must know 《中华人民共和国旅游法》 and its supporting regulations well enough to resolve a scenario: a suspiciously cheap tour, a shop stop, a cancellation, an injury, a complaint. Marks hinge on naming the right article and the right consequence.
Tourism Law essentials
《旅游法》 was adopted on 25 April 2013 and took effect on 1 October 2013; it has since been amended and contains ten chapters and 112 articles. Key rules:
- Licensing: travel agencies need a 旅行社业务经营许可证; guiding requires a 导游证.
- Article 35: agencies may not organise tours at unreasonably low prices and obtain improper benefit through shopping or optional items; they may not designate specific shops or arrange optional paid items - except where agreed by both sides or requested by the tourist and other tourists' itineraries are unaffected.
- Package contract: must be in writing, listing itinerary, service standards, price, breach liability and complaint channels.
- Article 65: before the tour ends the tourist may terminate; the agency refunds the balance after deducting necessary costs.
- Article 67: for force majeure or unavoidable events, either side may terminate where performance is impossible; the balance is refunded after deducting sums already paid and non-refundable.
- Article 68: the agency must help the tourist return; return costs fall on the agency where the agency or its suppliers caused the termination, and on the tourist where force majeure did.
- Safety: risk warnings, emergency plans, compulsory 旅行社责任保险, and a duty to remind tourists to buy personal accident insurance.
Agency and guide regulations
《旅行社条例》 sets quality-deposit sums: 200,000 yuan for domestic and inbound business, 1.4 million yuan for outbound; each branch adds 50,000 or 300,000 yuan respectively. Since 2016 the outbound 领队证 approval was abolished and replaced by filing.
Consumer rights
The nine rights under 《消费者权益保护法》 include safety, information, free choice, fair dealing and redress.
Worked example
A 999-yuan five-day tour includes three "cultural shops". Analysis: the price is below cost, so Article 35's first paragraph is engaged; the shops are designated, engaging the second paragraph. Even if clients sign a consent form, the agency may not take kickbacks and must not disrupt non-consenting guests. Sanctions include orders to correct, fines, suspension and revocation.
Traps that cost marks
- Assuming a full refund is due after force majeure - non-refundable supplier costs are deducted.
- Confusing 旅游法 with 合同法 or 消法 when the question asks for the governing statute.