Sustainable Tourism Law

LAW ON TOURISM IN CHINA – MAINLAND CHINA AND HONG KONG 717 (vi) breaching the travel contract and causing damage to the legitimate rights and interests of the tourist, with a failure to take necessary remedial measures 48 ; (vii) refusing to fulfil the travel contract 49 ; and (viii)authorizing any other travel agency to perform the contract without the tourist’s consent 50 . Having a qualified tour leader or tour guide accompanying the touring group is compulsory during the whole tour and shall be arranged by the travel agencies 51 . They shall strictly implement the itinerary and shall not engage in any of the following 52 : change the itinerary or discontinue service activities without permission; demand tips from tourists 53 ; induce, deceive, force tourists to shop or participate in separate charging tourism activities 54 . Further, they also bear a set of positive duties during the provision of services, such as “ respecting the customs and religious beliefs of the tourists…inform and explain the norms of tourist civilized conduct to tourists…and discourage tourists from committing acts in violation of social morality” 55 . In contrast, statutory duties owed by tourism operators are not as particularised, save for a general provision requiring them to “ …meet the requirements of laws and regulations and fulfil their obligations under the contracts” 56 , to keep personal information of all tourists confidential 57 and not to give or take bribes or else they will face punishment in accordance with relevant laws and regulations 58 . Subject to the specific provisions of each article, administrative penalties are usually in the form of requiring rectifications, confiscation of illegal income, suspension of business, imposition of a fine or the revocation of licenses or 48 Article 61 of RTA. 49 Articles 69 paragraph 1 and 100 (2) of CTL and Article 59 (1) of RTA. 50 Article 100 (3) of CTL and Article 55 (3) of RTA. 51 Articles 36 and 102 paragraph 1 of CTL, and Articles 30, 31, 56 and 57 of RTA. 52 Article 41 paragraph 2 of CTL. 53 Article 102 paragraph 3 and Article 103 of CTL. 54 Article 59 (3) of RTA. 55 Article 41 paragraph 1 of CTL. 56 Article 50 of CTL. 57 Article 52 of CTL. 58 Articles 51 and 104 of CTL.