Zhou Yishui
2022 has really arrived, and the development trend of the tourism industry has attracted many speculations. Although the situation is not clear, many people in the industry believe that travel agencies will face difficulties in 2022, and only by changing in response to the times can we usher in a glimmer of hope.
The Market Management Department of the Ministry of Culture and Tourism recently announced the National Travel Agency Statistical Survey for the fourth quarter of 2021, which shows that in the fourth quarter of 2021, national travel agencies organized 18.3169 million domestic tourism trips, 38.4936 million People and days; received 18.7621 million people and 36.6099 million days.
Unlike the situation in previous years, the 2021 data did not announce the year-on-year increase or decrease. Then, comparing the national travel agency statistical survey in the fourth quarter of 2020, we will find a huge decline. In the fourth quarter of 2020, national travel agencies organized 25.2458 million domestic tourism trips for 62.6638 million days; they received 33.079 million trips for 72.6719 million days. It should be pointed out that the relevant data in the fourth quarter of 2020 have decreased by 49.13%, 56.26%, and 34.80%, 39.30% respectively compared with the same period in 2019.
Travel agencies are faced with a difficult situation. Where to go in 2022 has become a hard question for the industry. Promoting the scientific and precise revision of the "Travel Agencies Regulations" is generally regarded as being conducive to supporting the relief and development of travel agencies.
Overhauling the "Regulations" is imminent
On January 21, 2009, the "Travel Agency Regulations" (hereinafter referred to as the "Regulations") were promulgated by the State Council in its 47th Passed by the executive meeting and effective from May 1, 2009. Since then, it has gone through several revisions, but they are basically "minor repairs".
Peng Zhikai, former director of the Supervision Department of the National Tourism Administration, believes that the "Regulations" are to strengthen the management of travel agencies, protect the legitimate rights and interests of tourists and travel agencies, and maintain the order of the tourism market. Regulations formulated to promote the healthy development of tourism. The previous three revisions were all revisions of individual provisions in accordance with the requirements of the "Decision of the State Council on Amending and Repealing Certain Administrative Regulations." With the advent of the mass era and the requirements to promote dual circulation and strengthen and expand the domestic tourism market, the revision of the "Regulations" is imminent.
Sun Guizhen, Secretary-General of the China Travel Agents Association, believes that the law is inherently lagging behind. In order to adapt to the continuous development of the economy and society and the changes in the tourism situation, it is necessary to revise some outdated provisions in the Regulations. Terms are revised. Over time, some terms are restricting the healthy development of the travel agency industry and affecting the growth of new tourism formats, such as travel agency warranty deposit issues. Under the current situation, revising the Regulations has practical needs and long-term significance.
Meng Fanzhe, executive vice president and secretary-general of the Tourism Law Research Association of the Beijing Law Society, analyzed that the "Regulations" have played a positive role in the development of my country's tourism industry. But some regulations now appear outdated. First, in terms of legislative concepts, in recent years the demand for tourism consumption has been constantly upgrading, and the tourism industry has been constantly changing, which has put forward new requirements for legislation, and the concept needs to be updated and adjusted; secondly, in terms of legislative adaptability, although the "Regulations" have been revised several times Although there have been no fundamental changes in the basic content, some stubborn diseases in the tourism market have become normalized, and there is a certain gap between the original regulatory means and methods and the high-quality tourism demand expected by the broad masses of the people; third , in terms of legislative effectiveness, in accordance with the requirements of modernizing the national governance system and governance capabilities, individual provisions of the "Regulations" are divorced from the requirements of the State Council to comprehensively promote "decentralization, management, and service", and there are some practical inconveniences. Urgently needs further modification and improvement.
It can be said that, taking into account the development situation and operating conditions of travel agencies in recent years, the revision of the "Regulations" should no longer be a minor repair, but a revision of the travel agency business format and industry. Re-examination and policy guidance on development and market cultivation.
Clarification and clarification: further defining the boundaries, connotation and extension
Regarding how to accurately revise the "Regulations" in the future, in the guidance "Clarity and clarification" of ideological and policy orientations are particularly important, and it is necessary to further clarify and define the industrial form, overall appearance or boundaries.
Professor Li Xinjian of Beijing International Studies University suggested that first, the "Regulations" need to be better connected with the "Tourism Law", which has been clearly stated in the "Tourism Law". Unless further detailed provisions are made in the Regulations, they are generally not repeated.
The classification and provisions of travel agency business in the "Regulations" must be consistent with the "Tourism Law". For example, the "Regulations" only mention three aspects: domestic tourism business, inbound tourism business, and outbound tourism business, while the "Tourism Law" Tourism business involves five aspects: domestic tourism, outbound tourism, border tourism, inbound tourism, and other tourism businesses, and the classification is inconsistent. Second, because the form of tourism services is no longer limited to the traditional travel agency model, especially the development of network technology and the entry of non-travel industry giants with strong technological genes into the tourism industry, it has greatly affected the ecology of the travel service industry and has a negative impact on the traditional The travel agency business has had a big impact. If we hope to better regulate the order of the travel service market, the objects of restriction cannot be limited to travel agencies. How to bring similar service organizations into management needs to be rethought. The name of the "Regulations" can also be considered to be adjusted. The boundaries between traditional long-distance tourism and short-distance leisure consumption, mass group travel and niche travel, and the travel world and the life world are all changing. Especially with the emergence of short-distance and micro-travel, tourists in the traditional sense The concept will not necessarily adapt to these new changes, so the applicable objects and related definitions of the regulations can also be optimized.
Meng Fanzhe believes that the "Regulations" need to clarify the concept of travel agencies. At present, regulatory authorities have no clear basis for law enforcement when investigating travel agency business conducted by non-travel agency entities. Therefore, it is necessary to scientifically define the boundaries of “travel agency business” to ensure accurate and effective law enforcement.
Li Guang, deputy secretary-general of the Tourism Law Research Association of the Beijing Law Society, also believes that the "Regulations" need to clarify the business boundaries of travel agencies. At present, the "Regulations" are very vague as to what business can only be carried out by travel agencies, forming a legal loophole and providing space for some organizations to illegally carry out travel agency business.
Zhou Weihong, deputy general manager of Shanghai Spring International Travel Service, said that the revision of the "Regulations" should clarify the way of independent travel. Independent travel is one of the main businesses of current travel agencies, but there is still no specific definition and concept of the nature of independent travel. Because independent travel does not belong to the traditional package tour, but a new type of travel model, it should be given a correct name.
Sun Zhiyong, the relevant person in charge of Suzhou CITS, said that for a long time, the business of travel agencies is no longer a simple model of group formation and group reception. It has already developed from a "horizontal division of labor" system to a "horizontal division of labor" system. At the stage of combining "vertical division of labor" and "horizontal division of labor", the definition of "tour groups and local travel agencies" no longer conforms to the actual situation of the tourism market. There is a large number of business divisions of "wholesale" and "retail agency" in the tourism market. The concept of "group formation and ground connection" is more reflected in the functional division of travel agency business operations. "Wholesale, retail, and entrustment agency" are the most common. exists.
“The business of travel agencies is becoming more and more diversified, from package tours to fragmented services, from group tours to independent travel, self-driving tours, self-guided tours, new tourism formats continue to emerge, the traditional business model dominated by group tours is increasingly being squeezed, and the trend of integrating culture and tourism is becoming more and more obvious. There will be more and more travel agencies that do not include the word travel agency in their company names. Outdoor, expansion, Parenting, education and training, health care, health care, recuperation, training, insurance, some come from the resource side, some come from the traffic side platform, and some come from the capital level." Sun Zhiyong said, whether it is "tourism +", It is still "+ tourism". The phenomenon of pan-tourism replacing traditional tourism has become very obvious. The definitions of travel agencies and tourists have also changed in industrial practice. It is hoped that the revision of the Regulations can adapt to the changes and make some definitions.
At the same time, Sun Zhiyong also believes that the relationship between travel agencies and tour guides has both a labor contract relationship and a labor service contract relationship. There are even judicial cases where judges have determined that it is an "undertaking contract." Relationship, in the current tourism market, the main force in tour guide services is social tour guides, rather than travel agency employee tour guides. The "Regulations" should adapt to changes and clarify the relationship between travel agencies and tour guides, which is conducive to protecting the legitimate rights and interests of travel agencies and tour guides.
Loosening and activating: Implementing the requirements of “delegating power, delegating power, delegating power, delegating power, delegating power, delegating power and optimizing services” and vigorously stimulating market vitality
Peng Zhikai believes that the Regulations "The basic principles of the revision should be put in place, managed and provided well in accordance with the requirements of the State Council for "delegating power, delegating power, regulating power and optimizing services". The first is the adjustment of administrative licensing. Why must a travel agency operate for two years before applying for outbound travel qualification? Why does it take 20 working days to accept an application for setting up a travel agency? Why must we restrict travel agency service outlets from engaging in activities other than solicitation and consultation? The second is the adjustment of management terms. The Ministry of Culture and Tourism has begun piloting the payment method of quality guarantee deposits for travel agencies, and adjustments are imperative.
It is necessary to increase the supervision of OTA online operations and clarify the responsibilities and rights of travel agencies in operating individual entrusted businesses. According to the institutional reform of the State Council in 2018, the regulatory authorities of travel agencies will be adjusted.
In fact, this round of COVID-19 has raised practical questions for travel agency management, that is, how should enterprises carry out industry relief and actively respond to business difficulties, especially industry difficulties? Help yourself and strive to seek development opportunities.
Li Xinjian believes that the current "Regulations" are mainly regulatory policies, and there is a serious lack of encouraging, supportive and remedial provisions, including overall difficulties caused by similar epidemics. Whether there are any regulations on closure of business, etc., will have different impacts on subsequent re-entering the market and obtaining similar outbound business qualifications. The current "Regulations" require that one must have a two-year operating period before applying for exit qualifications. The country hopes to vigorously develop inbound tourism, but the incentive and support policies for inbound travel agencies are seriously insufficient. Travel agencies are all enthusiastic about outbound business, and their profits mainly rely on outbound business. This is extremely detrimental to the balanced and orderly development of the travel agency industry. It needs to be included in the Regulations 》 to guide. The insufficient use of new financial insurance and credit protection tools, limited to traditional methods such as quality deposits and bank interest, affects the development of travel agencies and can be further optimized.
Li Guang also believes that travel agencies should be loosened, and requirements such as "travel agency quality guarantee deposit", "travel agency liability insurance", and "necessary tour guides" will bring difficulties to travel agencies. Heavy operational burden. There are many complaints and criticisms in the industry, which need to be addressed through the revision of regulations. In addition, the "Regulations" require that the legal organizational form established by a travel agency must be a "legal person", which also needs to be adjusted and can be extended to the form of "unincorporated organization". For example, a travel agency can be established in the form of a "partnership". Through the diversification of organizational forms, better institutional conditions will be created for the innovation and transformation of the travel agency industry. As for the relationship between tour guides, tour leaders and travel agencies, the current "Regulations" rigidly bind the practice of tour guides and travel agencies, forming a deformed employment relationship between tour guides and travel agencies, which is also the cause of a series of ills in the industry. The root of this provision lies in the Tourism Law. Before the Tourism Law is completely revised, the Regulations should make necessary amendments to this.
Zhou Weihong also believes that as a market economy entity, travel agencies should have the right to set prices independently if they have reasonable reasons and do not infringe on the legitimate rights and interests of tourists; at the same time, in some cases Paid services provided on special occasions, due to force majeure or to safeguard the legitimate rights and interests of tourists, should be allowed. The revision of the Regulations should be reflected.
Zhou Weihong said that the permitted business scope of travel agencies should be determined based on the premise of complying with the provisions of the "Tourism Law". The way travel agencies operate tourism products should be diversified and should not set too many restrictions, especially restrictions on border travel. At the same time, travel agencies should be encouraged to develop new tourism methods and products.
Deputy director of the Legal Affairs Committee of China Travel Agents Association and lawyer Min Lingbo of Guangdong Weiran Law Firm suggested that, first, cancel the travel agency quality guarantee system and improve it at the same time Travel agency liability insurance system. The quality deposit system no longer adapts to the development of the times. In the future, it can be replaced by improving travel agency liability insurance, such as increasing the personal injury liability limit per person, which will be more conducive to protecting the rights and interests of tourists. Moreover, as the country is about to unify the compensation standards for urban and rural residents, stipulating a higher compensation limit for travel agency liability insurance will help reduce the operating risks of travel agencies in inland and remote areas. Specifically, it is recommended to delete the quality deposit clause and amend Article 38 of the Regulations to read: Travel agencies should insure travel agency liability insurance, in which the liability limit for personal injury or death per person shall not be less than RMB 1 million. The specific plan for travel agency liability insurance will be formulated separately by the tourism administrative department of the State Council in conjunction with the insurance regulatory agency of the State Council. Second, cancel the system of mandatory appointment of team leaders. Regarding the requirement that travel agencies must appoint a tour leader when organizing group outbound tours, not only travel agencies have strong opinions, but many tourists also express their incomprehension about this. Therefore, the mandatory requirement to arrange a tour guide for outbound tourism has increased the burden on both travel agencies and tourists, and is no longer in line with the needs of the current tourism situation. Tourism is an ordinary civil legal act. As long as the tourist agrees in writing that there is no need to arrange a tour guide, the tourist's autonomy should be respected. Specifically, it is recommended to amend Article 30 of the Regulations to read: When a travel agency organizes outbound travel for mainland Chinese residents, it shall arrange for a tour leader to accompany the travel group throughout the journey. However, this is excepted if the tourist holds a personal tourist visa or endorsement and the tourist agrees in writing that there is no need to appoint a tour leader.
Between leniency and severity: Raise the threshold, actively optimize and improve, and promote high-quality development
Peng Zhikai said that the "Regulations 》A blacklist system must be established and linked to credit supervision. Those who operate beyond the scope of business shall be ordered to suspend business for rectification and shall be fined 1 to 5 times. Those who buy, sell or transfer travel agency licenses will have their travel agency business license revoked. For those that are licensed to rent or lend travel agencies (contracting and affiliation), if they involve outbound tourism business, their outbound tourism business qualifications will be cancelled. Travel agencies that require tour guides and team leaders to bear the related expenses of hosting tourist groups will be severely punished and blacklisted.
Li Xinjian believes that the phenomenon of zero negative tour fees must be managed, but the price issues of travel agencies also need to be judged and supervised in step with the times. From the perspective of market competition, price competition is an important means. It is not necessarily unfeasible for products to be sold below cost. This involves issues such as corporate competition strategies and business models, and also involves whether the inversion between cost and selling price is a sustainable phenomenon. Related. If the price continues to be lower than the cost for a long time, and there is no support from business model innovation, causing market price disorder, strict control will be required. Therefore, we must be cautious and considerate in price supervision.
Meng Fanzhe analyzed that the organizational structure of travel agencies should be improved by amending the "Regulations". The organizational form of travel agencies should not be limited to "legal persons", the regulations that require "necessary tour guides" to establish travel agencies should be adjusted, and the professional academic qualifications of tour guides should be raised. At the same time, it is also necessary to regulate the relevant business activities of travel agencies. The "Regulations" need to optimize and improve the entrusted solicitation of travel agencies, adjust the restrictions on the free practice of tour guides, optimize the requirements for obtaining qualifications for outbound tourism business, and strengthen supervision of the release of illegal information. For travel agencies that fail to cooperate with market law enforcement inspections, the counterparty's obligation to cooperate with inspections will be strengthened. "The "Measures for the Administration of Chinese Citizens' Overseas Travel" mainly regulate the behavior of outbound agencies in organizing citizens' outbound travel. It is recommended that relevant provisions be incorporated into the "Regulations" and the "Measures" be abolished at the same time."
Zhou Weihong believes that in view of the relatively free actual working situation of tour guides, they work when there is a tour group and rest when there is no tour group. The clause "signing a labor contract" not only increases the cost of travel agencies, but also restricts the behavior of tour guides. The flexibility of freelancing. It is recommended that the relevant provisions of the Regulations be revised to read: When a travel agency hires tour guides and tour leaders, they should sign an employment contract to bind each other's obligations, and pay the agreed labor remuneration during the period of work of the tour guides and tour leaders.
Li Xinjian also believes that at present, the business of traditional travel agencies is facing severe challenges, and the living space has been further narrowed, which has put forward new requirements for the dynamic innovation capabilities of travel agencies. Differences in the development environment and regulatory policies of foreign market entities affect the market competition between the two types of entities and are not conducive to the expansion of regulated travel agencies. It is necessary to promptly adjust the applicable objects of regulations, scientifically promote the expansion of supervision, improve the dynamic optimization of supervision capabilities, truly form a benign pattern of "effective market, promising government", and promote healthier, more sustainable and higher-quality development of the industry.