Sustainable Tourism Law

716 SUSTAINABLE TOURISM LAW out in Chapter II to IV of the Regulation on Travel Agencies 40 , issued by the State Council in 2009 and recently amended in March 2017 (“RTA”) to ensure consistencywith theCTL. Permit-relatedviolations andassociatedadministrative penalties are specified in Article 95 of the CTL and Articles 46 to 50 of the RTA. Corresponding to a tourist’s duties, travel agencies and their employees are equally, under Article 33 of the CTL, prohibited from “ …organiz[ing] the tourist to visit or participate in the items or activities in violation of Chinese laws, regulations or social morality” . The literal scope of this article is seemingly narrower than those governing tourists, restricted by the phrase “Chinese”. Breach of this article attracts administrative punishment 41 . Further, in the actual operation of providing tourism services and activities, travel agencies are prohibited from conducting the following (the breach of which attracts administrative penalties): (i) false publicity to mislead tourists 42 ; (ii) charging tourism activities at unreasonably low prices to lure tourists 43 ; (iii) obtaining kickbacks and other improper benefits through arranging shopping or separate charging tourism activities 44 ; (iv) designating specific shopping places or arranging separate charging tourism activities, unless agreed or requested by the tourist 45 ; (v) changing itinerary 46 during the tour without permission, which seriously damages the rights and interests of the tourist 47 ; 40 旅行社條例 (Chinese). Nr. 676 [2017] by the State Council, March 1, 2017. Since this pre-dates the CTL, a lot of its provisions overlap with the CTL but it is nonetheless valid and enforceable unless incompatible with the CTL. 41 Article 101 of the CTL and Article 52 of RTA. 42 Articles 32 and 97 (1) of CTL and Article 53 paragraph 1 of RTA. 43 Articles 35 paragraph 1 and 98 of CTL and Article 53 paragraph 2 of RTA. In a notice issued by the now- -abolished China National Tourism Administration (below) on strict enforcement of Article 35 of the CTL (no official English translation for title and its content) 國家旅遊局關於嚴格執行旅遊法第三十五條有關規定的 通知 (Chinese) Decree Nr. 362 [2013] issued by the China National Tourism Administration, December 16, 2013 (“Article 23 Notice”), it is defined as below-cost pricing without reasonable explanation. 44 Articles 35 paragraph 1 and 98 of CTL. In the Article 23 Notice, it is defined as property or other benefits received through the violation of relevant unfair competition rules, or by any means of inducement, deceit, or force. 45 Articles 35 paragraph 2 and Article 98 of CTL and Articles 54 and 59 of RTA. In the Article 23 Notice, it is required that such designated shopping places and separately charged activities. should be arranged only upon discussion with tourist and a contract entered into, based on the principles of good faith and fairness, without unreasonably low prices in luring tourists, nor receiving kickbacks. 46 It shall be provided to the tourist by the travel agency before the start of a tour: Article 59 of CTL. 47 Articles 69 paragraph 1 and 100 (1) of CTL and Article 59 (1) of RTA.