Sustainable Tourism Law

710 SUSTAINABLE TOURISM LAW protection, which shall be given in a timely manner, are to be provided by a tourism operator 11 , the local people’s government and relevant institutions 12 . The form of such assistance is not limited but the “…local people’s government and the relevant departments and institutions [are to] take measures to carry out rescue and help the tourists return to the departure place or reasonable places specified by the tourists” 13 . Similar provisions can be found under Articles 67 (2) and 68 of the CTL. In the presence of force majeure events endangering personal or property safety, the travel agency has a duty to take appropriate safety measures. If, by whatever cause, the contract is terminated, whether by election (of tourist or travel agency) or force majeure, the travel agency shall offer help to tourists to “ …return to the place of departure or a reasonable place specified by the tourists”. In contrast, due to physical proximity, tourism operators bear a more onerous duty to ensure the safety of tourists. They shall, in the event of an emergency, “ …immediately take necessary assistance and disposal measures, perform the obligation of reporting in accordance with law, and make proper arrangements for tourists” 14 . As such, they are required to: (i) “…carry out regular emergency rescue skill trainings for employees…conduct safety inspection…and take necessary measures to prevent the occurrence of damage” 15 ; (ii) ensure commodities and services they provide will guarantee personal and property safety 16 ; and (iii) expressly warn tourists on matters such as how to use the relevant facilities or equipment properly, necessary safety protection and emergency measures in place etc 17 . The CTL provides a caveat in Article 15, paragraph 2, which states that if tourists do not cooperate with the aforesaid emergency measures taken by the state, they are to bear the corresponding responsibilities in accordance with the law. 11 It is defined under Article 111 (1) of CTL as: “business operators of travel agencies or scenic spots, and business operators providing services of transportation, accommodation, catering, shopping and entertainment for tourists”. 12 Article 82 of CTL. 13 Article 78 paragraph 2 of CTL. 14 Article 81 of CTL. 15 Article 79 of CTL. 16 Article 50 of CTL. 17 Article 80 of CTL.