Special notes

Rights enjoyed by foreign tourists

Foreign tourists enjoy the following rights like Chinese tourists in accordance with Tourism Law of the People’s Republic of China:

(1) The right to know the truth. Tourists have the right to know the real situation of tourist products and services they have purchased.

Tourists have the right to require travel agencies to provide detailed explanation of the relevant information concerning the travel contract including tour program, minimum number of tourists required for setting up tour groups, specific arrangements and quality standards of services, arrangement of free time and information about the liability relief or exemption enjoyed by travel agencies in accordance with the law, and relevant laws, regulations, customs and religious taboos of tourist destinations that tourists must pay attention to as well as activities that tourists are not advised to participate in under Chinese laws, and require travel agencies to provide a travel itinerary to the tourists before the beginning of their trip.

(2) The right to refuse coercive trade behaviors. Tourists shall be entitled to select tourism products and services independently and refuse coercive trade behaviors of tourism operators.

If travel agencies designate any specific shopping site or arrange any tourist activity that involves extra costs while such arrangements are not agreed by the two sides through consultation or demanded by the tourists, or tour guides or tour leaders of travel agencies force or coerce tourists in a disguised form to go shopping or participate in tourist activities that involve extra costs, tourists are entitled to request the travel agencies to arrange for the return of their purchase and make an advance payment of the refund, or return the payment for the additional tour programs within thirty days after the conclusion of their trips.

(3) The right to transfer the contract. Before the trip takes place, the tourists may transfer their rights and obligations stipulated in the package tour contract to a third person, and the travel agencies shall not reject such transfer without proper reason. The expenses incurred therefrom must be borne by the tourists and the third person.

(4) The right to terminate the contract. After the conclusion of package tour contract, if the number of tourists attracted fails to meet the minimum requirement, while tourists don’t agree with the travel agency to commission other travel agencies to implement the contract, then tourists have the right to terminate the contract and require the organizing agency to return all collected payment to the tourists.

If the tourists terminate the contract before the conclusion of the trip, the organizing agency must return the remaining payment to the tourists with deduction of necessary expenses.

If the disruption to tour programs caused by reasons of force majeure or incidents that cannot be avoided despite the reasonable attention paid by the travel agencies and assistant performers leads to the circumstance that the contract can’t be fulfilled, both the travel agency and the tourist may choose to terminate the contract. If the contract cannot be fulfilled completely, the travel agency may alter the contract within a reasonable scope upon explanation to the tourist; if the tourist disagrees with such alternation, the contract can be terminated. If the contract is terminated, the organizing agency must return the remaining payment to the tourist with deduction of unrefundable expenses that are already paid to the local agency or assistant performer.

(5) The right to claim damages. Tourists have the right to require travel agencies to provide products and services in accordance with the agreement. Tourists have the right to be compensated for in accordance with the law in case their personal safety and property are infringed.

Where operators of scenic spots and accommodation, when transferring part of their services or spaces to others to provide services such as accommodation, catering, shopping, sightseeing, entertainment, tourism and transport, tourists are entitled to require operators of scenic spots and accommodation to assume joint liability for the losses caused by the operational behaviors of the actual operators.

In the event that the travel agency is competent to fulfill its contracted obligations, yet refuses to do so even upon the request of the tourists, which then causes such serious consequences like harming the tourists’ personal health or retaining the tourists, the tourists may also request the travel agency to pay a sum of compensation between one time and three times the amount of the travel costs.

(6) The right to be respected. The human dignity, national customs and religious beliefs of tourists shall be respected. Tourists are entitled to request tourism operators to keep confidential the personal information of tourists that they obtain in the process of tourism operation.

(7) The right to security. Tourists have the right to request tourism operators to ensure that the commodities and services they provide conform to the requirements on personal and property safety.

Tourists are entitled to request tourism operators to expressly explain to the tourists or warn the tourists of the following in tourism activities in advance: instructions on how to use relevant facilities and equipment properly; necessary safety precautions and emergency measures; management and service establishments, facilities and equipment which are not open to the tourists; and groups who are suggested not to participate in relevant activities.

(8) The right to request assistance. In case their personal safety or property is endangered, tourists have the right to ask the tourism operator, local people’s government and relevant institution for timely assistance.

(9) The right to request the travel agency to assist the tourists in returning. In case the package tour contract is terminated in the travelling process, tourists have the right to request the travel agency to assist the tourists in returning to where they depart or to reasonable locations designated by the tourists. In case the contract is terminated because of the travel agency or the performance assistant, tourists have the right to request the travel agency to bear the fees incurred on the way back.

(10) The right to report and complaint. In case tourism operators violate the law, tourists have the right to report it to relevant competent authorities in charge of tourism, industry and commerce, price, transportation, quality supervision, and health. In case any dispute arises between the tourists and the tourism operators, the tourists have the right to make a complaint to relevant competent departments or tourist complaint acceptance authority and apply for mediation, or file a lawsuit with a people’s court.