Hubei province tourism regulations

(Adopted at the 1 4th meeting of the Standing Committee of the Tenth People's Congress of Hubei Province on March 3, 2005, and revised at the14th meeting of the Standing Committee of the Twelfth People's Congress of Hubei Province on April 3, 2005)

catalogue

Chapter I General Principles

Chapter II Tourism Planning and Promotion

Chapter III Protection and Utilization of Tourism Resources

Chapter IV Rights and Obligations of Tourists

Chapter V Tourism Management and Services

Chapter VI Tourism Supervision and Administration

Chapter VII Legal Liability

Chapter VIII Supplementary Provisions

Chapter I General Principles

Article 1 In order to protect the legitimate rights and interests of tourists and tour operators, protect and rationally utilize tourism resources, standardize the order of the tourism market, and promote the scientific development of tourism, these Regulations are formulated in accordance with the Tourism Law of the People's Republic of China and other relevant laws and administrative regulations, combined with the actual situation of this province.

Article 2 These Regulations shall apply to the tourism activities of tourists within the administrative area of this province, as well as the protection, planning and construction, business services and supervision and management of tourism resources.

Article 3 The development of tourism should effectively protect tourism resources, highlight local characteristics, promote local culture, adhere to government guidance, social participation, market operation, unified planning, rational utilization and scientific management, and realize the unity of ecological benefits, social benefits and economic benefits.

Article 4 People's governments at or above the county level shall strengthen the organization and leadership of tourism development within their respective administrative areas, incorporate tourism development into national economic and social development plans, promote the combination of tourism development with new industrialization, informationization, urbanization and agricultural modernization, establish and improve the comprehensive coordination system and mechanism of tourism, improve policies and measures to promote tourism development, and realize the sustainable development of tourism.

The provincial people's government should improve the operation mechanism of tourism standardization, improve the tourism quality supervision and management system, strengthen the tourism image propaganda of the whole province, promote the construction of regional tourism integration and the transformation of tourism product structure, cultivate tourism pillar industries, promote the coordinated development of major tourism projects and key regions, and promote the construction of a strong tourism province.

Article 5 The tourism authorities of the people's governments at or above the county level shall be responsible for the management, supervision and service of tourism within their respective administrative areas. Other relevant departments shall do a good job in tourism development according to their respective responsibilities.

Article 6 People's governments at all levels and their relevant departments and news media shall carry out publicity and education on tourism ecological civilization, guide tourists, tour operators, employees and residents of tourist destinations to enhance their awareness of protecting the tourism ecological environment, and advocate healthy, low-carbon and civilized tourism modes.

Seventh tourism industry associations should improve the industry self-discipline system, promote the construction of tourism integrity, play the role of service, guidance and coordination, and safeguard the legitimate rights and interests of the industry and fair competition order according to law.

Chapter II Tourism Planning and Promotion

Article 8 People's governments at or above the county level shall, in accordance with the national economic and social development plan, organize the formulation of tourism development plans and make overall arrangements for the protection of tourism resources, the construction of tourism infrastructure and public service facilities, the development of tourism market and the development of tourism within their respective administrative areas.

When using tourism resources that are suitable for overall utilization across administrative regions, the people's government at the next higher level shall organize the preparation of a unified tourism development plan or consult with the relevant people's governments to coordinate and solve major problems in the implementation of tourism planning.

Article 9 The people's governments at or above the county level may, according to the tourism development plan, formulate special plans for the development and utilization of key tourism resources and the construction of major tourism projects, and put forward special requirements for the protection of tourism resources in specific areas and the functional matching of tourism projects, facilities and services.

Tenth tourism development planning should be linked with the overall land use planning, urban and rural planning, environmental protection planning and other human resources protection and utilization planning, and publicly solicit opinions from the public and experts.

People's governments at all levels shall publish the tourism plans compiled by the people's governments at the corresponding levels.

Eleventh people's governments at or above the county level and their relevant departments shall establish and improve the regional tourism cooperation mechanism with overseas, inside and outside the province, encourage tourism passenger transport operators to develop cross-regional operation routes and products, and realize the integration of regional tourism passenger transport.

Article 12 People's governments at or above the county level shall, according to the needs of tourism development, make overall arrangements for transportation projects leading to tourist attractions, rationally plan and construct transportation facilities such as tourist distribution centers, transit stations, tourist passenger dedicated lines and self-driving camps, strengthen the construction of tourist roads, walkways and parking lots in scenic spots, promote the barrier-free construction and transformation of tourist transportation facilities, and provide convenient transportation services for tourists.

The competent department of transportation shall incorporate tourism traffic into the public transportation system, and rationally arrange tourism traffic lines and tourism public transportation service facilities; To improve the road marking system, the planning and construction of main traffic trunk lines and urban roads should include tourist traffic signs and main tourist attractions indication signs.

Thirteenth people's governments at or above the county level shall, according to the development of local tourism, arrange funds in the financial budget for tourism planning, infrastructure construction, resource protection, public services, personnel training and tourism image publicity.

The relevant departments of the people's governments at or above the county level shall support the construction funds of road traffic, safety and security, environmental sanitation, water supply and power supply and other supporting facilities involving scenic spots.

Fourteenth people's governments at or above the county level shall support enterprises, other organizations and individuals to invest in tourism, cultivate and expand the main body of the tourism market, support characteristic tourism enterprises, encourage the development of professional tourism management institutions, and form cross-border industrial groups and industrial alliances.

Encourage financial institutions to innovate credit products for tourism enterprises and tourism projects and increase credit support; Encourage insurance institutions to develop travel insurance products and services.

Fifteenth people's governments at or above the county level and their relevant departments should focus on the overall image of Hubei tourism, combined with the actual situation, innovate tourism propaganda and marketing methods, strengthen the propaganda of characteristic tourism, and promote the development of domestic and foreign tourist markets.

Encourage all kinds of media to promote the local natural landscape, cultural landscape and folk customs.

Sixteenth people's governments at or above the county level education, tourism and other relevant departments to support colleges and universities to carry out the construction of tourism management discipline system, develop tourism vocational education, and cultivate high-end tourism professionals; Encourage tourism enterprises to cooperate with universities, strengthen the construction of tourism talent training bases, carry out professional ethics education and skills training for tourism professionals, and improve the quality of tourism professionals.

Seventeenth people's governments at or above the county level and their relevant departments shall formulate relevant policies and measures to promote state organs, enterprises, institutions and social organizations to implement the paid annual leave system for employees.

Chapter III Protection and Utilization of Tourism Resources

Article 18 The tourism authorities of the people's governments at or above the county level shall strengthen the survey and evaluation of tourism resources within their respective administrative areas, establish a tourism resource database and a tourism resource protection notification system, build a tourism resource protection system, and standardize the development and utilization of tourism resources.

Nineteenth the development and utilization of tourism resources and the construction of projects that have an impact on tourism resources should strictly implement the tourism development planning and special planning, conduct environmental impact assessment according to law, and formulate plans for the development, protection and restoration of tourism resources to achieve sustainable development.

Tourism projects developed by using natural resources should strengthen the protection of natural resources and biodiversity, and must not destroy ecology or pollute the environment; Tourism projects that utilize national cultural resources, historical buildings and historical and cultural resources shall maintain their national characteristics, traditional patterns and historical features, and shall not be rebuilt, moved or demolished without authorization. Involving the protection of cultural relics, it shall be handled in accordance with the provisions of relevant laws and regulations.

Article 20 People's governments at all levels should promote the integration of tourism with culture, industry, agriculture, health, sports, science and education and other fields, promote the development of tourism products such as cultural tourism, leisure and holiday tourism, research tourism and old-age tourism, support the construction of a diversified tourism product system that meets market demand, and develop emerging tourism.

Article 21 The provincial people's government shall give financial and policy support to the construction of ethnic autonomous areas, old revolutionary base areas, concentrated contiguous poverty-stricken areas, reservoir areas and counties, towns and traditional villages rich in tourism resources.

Article 22 The people's governments at or above the county level shall organically combine rural tourism with modern agriculture and new urbanization, make rational use of ancient towns and ethnic villages, and standardize the development and construction of rural tourism.

Tourism authorities and relevant departments should give full play to their ecological advantages, highlight rural characteristics, encourage the development of rural tourism projects such as sightseeing, folk customs and leisure through policy support, publicity and promotion, and coordinate and guide, so as to promote the standardized and characteristic development of farmhouse music.

Support villagers' autonomous organizations and rural collective economic organizations to participate in the development of rural tourism.

Twenty-third to encourage the use of wasteland, wasteland, abandoned mines and other regional development and construction of tourism projects; Encourage tourism operators to use new energy and new materials, develop circular economy and create green tourism enterprises.

Actively explore and declare the world cultural heritage, build cultural tourism brands and carry out cultural tourism; Encourage folk tourism based on folk arts, handicrafts and traditional festivals.

Twenty-fourth transfer of the right to operate state-owned tourism resources in accordance with the law shall follow the principles of openness, fairness and impartiality, and shall be carried out by auction and bidding. Income from paid transfer of management rights shall be managed in accordance with relevant state regulations.

If a tourism operator violates the tourism planning during the operation period and causes serious damage to the tourism resources or fails to develop and utilize them for a long time, the local people's government shall recover the right to operate the state-owned tourism resources according to law.

Article 25 The people's governments at or above the county level and their relevant departments shall standardize the tourism shopping market, promote the construction of characteristic commodity shopping areas, support the development of tourism commodities with local characteristics, national characteristics, scenic features and cultural connotations, cultivate tourism commodity brands and promote the development of tourism commodity industries.

Chapter IV Rights and Obligations of Tourists

Article 26 The legitimate rights and interests of tourists are protected by law, and no unit or individual may infringe upon them.

The elderly, the disabled, minors and servicemen enjoy convenience and preferential treatment in tourism activities in accordance with laws, regulations and relevant provisions.

Twenty-seventh tourists enjoy the following rights in tourism activities:

(a) to enjoy the true and complete right to know about the qualifications of tourism operators, related tourism products and services and prices;

(two) have the right to choose tourism products, tourism operators, tourism service methods and service items, and refuse to force or force sales and services in disguise;

(3) Obtaining tourism services with consistent quality and price as agreed;

(four) in the tourism activities, the person and property are infringed, and have the right to receive compensation according to law;

(five) personal dignity, national customs and religious beliefs are respected;

(six) to supervise the illegal acts of tour operators and their employees;

(seven) other legal rights enjoyed in tourism activities.

Twenty-eighth tourists should fulfill the following obligations in tourism activities:

(1) Abide by public order and social morality, cherish tourist facilities, observe safety and health regulations, protect tourism resources and ecological environment, and conduct civilized tourism;

(two) respect for local ethnic customs and religious beliefs;

(three) truthfully inform the tourism operators of personal health information related to tourism activities and fulfill the obligations stipulated in the tourism contract;

(four) in the event of force majeure and emergencies, assist and cooperate with relevant departments, institutions or tour operators to take safety precautions and emergency measures;

(five) actively cooperate with relevant organizations and personnel to resolve disputes arising from tourism activities through consultation, and shall not interfere with other people's tourism activities or damage the legitimate rights and interests of tourism operators and tourism professionals;

(six) outbound tourists are not allowed to stay illegally abroad, and tourists who leave the group are not allowed to join or leave the group without authorization;

(seven) other obligations stipulated by laws and regulations.

Twenty-ninth tourists and tour operators dispute or think that their legitimate rights and interests have been violated, can be resolved through the following channels:

(1) Negotiating with tour operators;

(two) to apply for mediation to consumers' associations and tourist complaint handling institutions;

(three) to complain to the public security, tourism, industry and commerce administration and price departments;

(four) if there is an arbitration clause or a written arbitration agreement in the travel contract, it shall be submitted to an arbitration institution for arbitration;

(5) bring a lawsuit to the people's court.

Chapter V Tourism Management and Services

Thirtieth tour operators should operate according to law and abide by the principles of honesty and trustworthiness and fair competition.

Tourism operators and tourism professionals have obtained corresponding grades, and shall not go beyond the certification or evaluation grade for publicity; Without obtaining the grade, the marks and titles of the corresponding grades shall not be used.

Thirty-first tourism products, services and facilities provided by tourism operators shall conform to national standards, industry standards and local standards. Encourage tourism operators to formulate and implement enterprise standards that are stricter than national standards, industry standards and local standards.

Thirty-second tour operators engaged in tourism business activities shall abide by the following provisions:

(a) to carry out activities in accordance with the approved business scope, use public information graphic symbols that meet the national standards in a prominent position in the business premises, and publicize business licenses, business licenses, travel consultations, complaints, rescue telephones and other information;

(two) open service items and charging standards, reasonable fees;

(three) to provide true and accurate information on tourism services, and not to publish false advertisements or make false propaganda to deceive and mislead tourists;

(four) to keep the personal information of tourists confidential;

(five) to provide safe and hygienic tourism services in accordance with the agreed service items and service quality standards, and shall not change the service items or lower the service quality standards without authorization;

(six) to respect the right of tourists to choose their own goods and services, and not to force, pester, trick or coerce tourists to buy tourism goods and accept tourism services;

(seven) other acts as prescribed by laws and regulations.

Thirty-third tour operators and their employees should publicize the knowledge of tourism ecological environment protection to tourists, guide tourists to travel in a healthy and civilized way, and discourage acts that destroy the tourism ecological environment and violate social morality.

Thirty-fourth tourism operators' right to operate independently is protected by law. Tourism operators have the right to refuse fees, assessments and inspections that violate laws and regulations, and to refuse tourists' requests that violate laws and regulations.

No unit or individual may illegally obtain, use or disclose business secrets such as marketing plans, sales channels and customer lists of tour operators.

No unit or individual may hinder foreign tourism operators from entering the local tourism market and engaging in tourism business activities according to law.

Thirty-fifth the establishment of travel agencies and their branches shall meet the conditions prescribed by the state, obtain the business license of travel agencies according to law, and be announced to the public by the tourism authorities.

Clubs, automobile drivers' associations, online travel operators and other units and individuals that call tourists shall not engage in travel agency business without obtaining the business license of travel agency.

Article 36 When organizing tourism activities, a travel agency shall conclude a written travel contract with tourists, specifying the service items, quality, price, liability for breach of contract and other matters, and stipulate the items that tourists need to pay at their own expense. When signing a tourism contract, it is recommended to use the model contract text formulated by the tourism authorities.

Encourage travel agencies to launch affordable tourism products and services according to the tourism needs of the elderly and the disabled and the healthy growth of minors.

Thirty-seventh people's governments at or above the county level and their relevant departments shall establish and improve the management and assessment system of tour guides, improve the incentive mechanism consistent with the rank, service quality and remuneration of tour guides, and implement the salary and social insurance system for tour guides.

Personnel engaged in tour guide and tour leader business shall obtain the qualification of tour guide and tour leader according to law, and be appointed by travel agencies, hold certificates and standardize their practice.

Thirty-eighth support travel agencies to participate in government procurement and service outsourcing, accept the entrustment of state organs, enterprises and institutions and social organizations, and provide transportation, accommodation, meetings and other services for related official activities.

Thirty-ninth hotels and restaurants apply the same water, electricity and gas price standards as general industrial enterprises.

Fortieth to encourage tourism operators to establish and improve the tourism e-commerce platform, through the network to carry out tourism information release, inquiry, booking and other services.

Online tourism operators shall disclose business licenses, licenses, payment methods, risk warnings and other information in a prominent position on the homepage of their websites in accordance with regulations, and take security measures to ensure the safety and reliability of transactions; Where services are actually provided by other operators, service providers shall be selected from tourism operators with legal qualifications, and information such as the operator's name, business address and contact information shall be provided to tourists.

Public security, industry and commerce administration, tourism, economy and informatization, communication management, finance and other relevant departments should strengthen the management of online tourism and standardize the network order.

Forty-first tour operators should establish a safety management responsibility system and emergency system, equipped with tourism safety facilities, equipment and safety management personnel to ensure the personal and property safety of tourists.

Tourism operators engaged in diving, rafting, bungee jumping, rock climbing and other high-risk tourism projects involving personal safety shall comply with the relevant national safety standards, go through the examination and approval procedures in accordance with the provisions, and make explanations or warnings to tourists in advance in an express way.

Tourism operators should take timely rescue measures for tourism safety accidents and report to the relevant departments and the people's government where the accidents occurred.

Forty-second tourism operators should order tourism products and services from qualified suppliers.

Tourism operators to carry out tourism activities and rent passenger vehicles and boats should choose transportation enterprises with corresponding qualifications and vehicles and boats with compulsory insurance according to law.

Vehicles and boats undertaking tourism transportation shall be equipped with drivers, crew members, seat belts, lifesaving and other safety facilities and equipment that meet the requirements, and shall not exceed the approved number of passengers.

Forty-third tourist attractions should set up regional boundary signs, service facilities signs and tour guide signs. For dangerous areas and projects, obvious safety warning signs should be set up and necessary protective measures should be taken.

Scenic spots should be in accordance with national and provincial standards, set up water supply, power supply, public toilets and other tourism supporting service facilities, strictly implement the barrier-free environment construction standards, and improve barrier-free information services such as voice prompts and Braille prompts; Strengthen the construction of tourism service facilities for the elderly, the disabled and minors, and properly equip them with tourism AIDS.

Forty-fourth scenic spots should establish a ticket reservation system, formulate a tourist flow control plan, and announce the real-time flow and maximum carrying capacity of scenic spots through the tourist service information platform, tourist service center and scenic spot entrance during the tourist season to control the maximum carrying capacity of tourists in scenic spots. When the number of tourists may reach the maximum carrying capacity, the scenic spot shall make an announcement in advance and report to the local people's government, and take timely measures such as diversion and diversion.

Scenic spots should regularly check the safety of special equipment in tourist places such as passenger ropeways and large amusement facilities, inform tourists of the maximum carrying capacity of tourist facilities and equipment and effectively control them.

Forty-fifth scenic spot fares should be adapted to its scale and grade, and remain reasonable and stable. When formulating or adjusting scenic spot fares, the competent price department shall solicit the opinions of the competent tourism department at the same level, listen to the opinions of relevant social parties, and hold a hearing in accordance with the provisions.

Tickets for scenic spots built with public resources and places such as sightseeing and transportation in scenic spots shall be charged separately, and government pricing or government-guided prices shall be implemented; If the project investment cost collected separately has been recovered, the price shall be reduced or the fees shall be cancelled accordingly.

Tourist attractions should be open to the elderly, disabled people, active servicemen, children, students and other specific objects free of charge or preferential treatment in accordance with the relevant provisions of the state and province, and the scope and standards of fare reduction and exemption should be clearly stated.

Public welfare museums, libraries, art galleries, patriotic education bases, popular science education bases, city parks, etc. Free of charge.

Forty-sixth scenic area management agencies should be unified management of tourism commodity sales, catering, accommodation, performing arts and other business activities in the scenic area, and strengthen the supervision and management of public safety, environment and food hygiene in the scenic area.

Chapter VI Tourism Supervision and Administration

Article 47 The people's governments at or above the county level and their relevant departments shall establish a comprehensive management mechanism for the tourism market, improve the joint law enforcement system for tourism, strengthen the supervision and inspection of the management of the tourism market and the quality of tourism services, investigate and deal with illegal acts in tourism operations and services according to law, and maintain the order of the tourism market.

Article 48 People's governments at or above the county level shall strengthen the organization and leadership of tourism safety work, establish a responsibility system for tourism safety subjects, incorporate tourism emergency management into the government emergency management system, carry out emergency drills, improve the rescue mechanism for tourism safety emergencies and large passenger flow during peak hours, and deal with tourism emergencies; When natural disasters, epidemic diseases or other situations that may endanger the personal and property safety of tourists occur in tourist areas, timely release early warning information on tourism safety.

Article 49 The tourism administrative department of the provincial people's government and the people's government of the tourist destination should strengthen the construction of tourism informatization, establish the information consultation platform of provincial and regional tourism companies, improve the service system of tourism companies such as tourism information, consultation and rescue, and provide free tourist information consultation services such as scenic spots, transportation, meteorology, accommodation, medical first aid, tourist passenger flow early warning, etc., so as to realize smart tourism.

Fiftieth tourism departments of the people's governments at or above the county level shall establish and improve the management system of tourism standardization, carry out publicity and training on tourism standardization, strengthen supervision and inspection, and promote the implementation of national, industrial and local standards for tourism.

Article 51 The tourism authorities and relevant departments of the people's governments at or above the county level shall strengthen the construction of the credit system of the tourism market, establish and improve the credit records and illegal information sharing mechanism of tourism-related enterprises and employees, disclose information such as the qualifications of tourism enterprises, the quality of business services, and the disciplinary records of dishonesty, and publish the list of serious illegal enterprises and employees to protect tourists' right to know and supervise.

Encourage and support all kinds of tourism industry associations to evaluate the integrity of their member enterprises, establish industry integrity files and industry integrity self-discipline rules, and promote the integrity management of tourism enterprises.

Fifty-second people's governments at or above the county level shall establish and improve the handling system of tourism complaints, designate or set up a unified handling agency for tourism complaints, publish the telephone number and website for tourism complaints supervision, and handle tourism complaints in a timely manner.

After receiving the complaint application, the tourist complaint acceptance institution shall handle it within 45 days, and inform the complainant if it meets the acceptance conditions; If it can be handled on the spot, it shall make a decision on the spot. Do not meet the acceptance conditions, it shall notify the complainant within 5 days and explain the reasons. If it is handled by other competent departments, it shall be immediately handed over to the relevant departments for handling, and the complainant shall be informed.

Chapter VII Legal Liability

Fifty-third in violation of these regulations, laws and administrative regulations have provisions, from its provisions.

Fifty-fourth in violation of the provisions of this Ordinance, under any of the following circumstances, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Failing to implement tourism planning in accordance with the provisions, resulting in the destruction of tourism resources and ecological environment;

(2) Failing to accept and handle travel complaints within the statutory time limit or failing to transfer them to the relevant departments in accordance with regulations;

(3) Apportioning fees to tour operators and setting up barriers to cross-regional tourism services;

(four) failing to perform the duties of tourism administrative law enforcement according to law;

(five) other acts of abuse of power, dereliction of duty, favoritism.

Fifty-fifth tour operators in violation of these regulations in tourism business activities, one of the following acts, shall be punished in accordance with the following provisions:

(a) unauthorized use of grade marks and titles without obtaining grades, which shall be ordered by the tourism authorities to make corrections and fined 1000 yuan to 30,000 yuan; If no correction is made within the time limit, the relevant departments shall order it to suspend business for rectification. Has obtained the corresponding grade, but the use of grade identification, title is not true, the tourism authorities shall order it to correct, and impose a fine of more than 2000 yuan 10000 yuan; If no correction is made within the time limit, the grade will be reduced or cancelled.

(two) the use of substandard cars and boats to undertake tourism transportation, the tourism authorities shall order it to make corrections, confiscate the illegal income, and impose a fine of 50,000 yuan to 65,438 yuan; If no correction is made within the time limit, the business license shall be revoked. If a tourist passenger vehicle exceeds the approved number of passengers, it shall be punished by the traffic administrative department of the public security organ or the maritime administrative agency according to law.

(three) forcing, pestering, tricking or coercing tourists to buy goods and receive services, the tourism authorities or the administrative department for industry and commerce shall impose a fine of more than 2000 yuan 1000 yuan; If the circumstances are serious, a fine of 5000 yuan to 20000 yuan shall be imposed.

Travel agencies and tour guides who commit the acts mentioned in Item (3) of the preceding paragraph shall be punished in accordance with the provisions of relevant laws and administrative regulations.

Fifty-sixth in violation of the provisions of this Ordinance, the development and utilization of tourism resources without taking protective measures, resulting in the destruction of the ecological environment or human resources, by the tourism authorities or other relevant departments shall be ordered to stop the illegal behavior, restitution, and shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Fifty-seventh tourists who damage tourism resources and tourism service facilities and cause economic losses shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Fifty-eighth in violation of the provisions of this Ordinance, damage the legitimate rights and interests of tourists, resulting in personal injury and property losses of tourists, should bear civil liability according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VIII Supplementary Provisions

Article 59 The term "tour operators" as mentioned in these Regulations refers to travel agencies, scenic spots and online tour operators, as well as units or individuals that provide business services such as transportation, accommodation, catering, shopping and entertainment for tourists.

Article 60 These Regulations shall come into force on June 20 15 1 day.