Sustainable Tourism Law

LAW ON TOURISM IN CHINA – MAINLAND CHINA AND HONG KONG 721 bought and ask for a refund of the price paid for such goods, as well as for any separately charged activities, within 30 days from the end of the tour 75 . The tourist is also entitled to a refund of fees paid when the travel contract is terminated during the tour. The CTL is exceptionally protective of tourists. First, and sensibly, without fault on the tourist’s part, if a contract is terminated due to failure to reach the target size of a touring group before the journey begins, the travel agency may “rescind” 76 the contract, but is required to make a full refund of all fees without deductions 77 . Second, if a tourist elects to terminate the contract during the tour, for whatever reason 78 , the travel agency and tour operator are entitled to retain any sums to pay “necessary fees” and refund the remainder 79 . Therefore, the third is also the same if: (i) the fault is on the tourist, i.e. the circumstances specified under the aforesaid Article 66 of the CTL which allow the travel agency to lawfully terminate the contract, but the tourist will, as said, additionally be liable for compensation to the travel agency; or (ii) the contract is terminated by election of either the travel agency or the tourist, upon occurrence of an event of force majeure preventing continuation or completion of the tour 80 (for which the tourist will never be held liable for breach of contract). In a case decided by the Shenzhen Luohu People’s Court in 2016 81 , a flight from Hong Kong to Taiwan was cancelled due to a severe typhoon in Hong Kong and the travel agency could only arrange a standby flight to the claimant tourist (from mainland China). They were stranded in Hong Kong for a day. The travel agency eventually sent the claimant and other tourists of the same tour group back to mainland China because no seats were available on their standby flight, and returned all tourists’ fees after deduction of necessary expenses. The court held that the travel contract was terminated by a force 75 Article 35 paragraph 3 of CTL and Article 23 (1) of the Provisions. 76 From the literal meaning of the Chinese version of CTL, the phrase ‘rescind’ and ‘termination’ are used interchangeably and have the same meaning. 77 Article 53 paragraphs 1 and 3 of CTL. 78 There appears no stipulation regarding on what occasion a tourist can lawfully terminate a contract. One questions if, in fact, CTL makes a distinction between lawful and unlawful termination by a tourist. 79 Article 65 of CTL and Article 12 of the Provisions. 80 Article 67 (1) and (2) of the CTL and Article 13 paragraph 1 of the Provisions. 81 羅湖區人民法院 (2016) 粵 0303 民初字第 10347 號民事判決 .