New guidelines aim to protect tourists' rights

China has updated its rules for handling tourism-related complaints, a move aimed at improving administrative efficiency and strengthening protection for travelers' rights.

The Ministry of Culture and Tourism recently issued new guidelines on tourism-related complaints that will take effect on March 15. The current rules, released in 2010 by the former national tourism administration, will lapse on the same day.

The new guidelines define tourism-related complaints as disputes in which travelers believe tourism operators or their employees have infringed on their lawful rights and ask culture and tourism bureaus or other government agencies to intervene.

Travelers may file complaints in cases such as alleged contract violations by tourism operators or damage to personal safety or property caused by operators' actions. Disputes arising from accidents or force majeure — events that prevent a party from fulfilling its contractual obligations — between travelers and tourism operators may also be reported to local tourism authorities.

Complaints will be rejected if more than 90 days have passed since the tourism contract was fulfilled, or if the dispute has already been handled by people's courts, arbitration bodies or other mediation organizations, according to the guidelines.

Complainants must provide their name, address and telephone number and present clear facts pertaining to the dispute. Authorities are required to protect trade secrets, personal privacy and other confidential information involved in the complaints to prevent leaks.

Government agencies must inform complainants within two working days whether their case has been accepted. Authorities that take up a complaint are required to verify the facts, reasons and evidence, and both complainants and respondents must cooperate with the investigation.

The guidelines state that mediation is the primary method for dispute resolution. Mediation may take place on-site, by teleconference or by mail, and must be conducted on the basis of facts and in accordance with principles of voluntariness, fairness, legality and effectiveness, without harming national or public interests or the rights of others.

"The new guidelines give regular travelers confidence to defend their rights," said Zhang Yige, a Beijing resident. "No one wants to get involved in disputes during trips, since tourism is meant for leisure and relaxation. But if problems arise, we now have clear channels to report them and seek reasonable solutions."

Wei Changren, founder of btiii.com, a tourism financial news website, said the new guidelines provide clearer guidance to travelers, tourism operators and government bodies, and will help resolve disputes more efficiently.

"The previous guidelines were issued in 2010 and may not have been fully suited to current conditions," he said, adding that common complaints often involve unsatisfactory fulfillment of tourism contracts and services promised by operators.

He said implementation of the new guidelines will help maintain an orderly tourism market and better protect consumers' rights.