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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 06:55
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Chapter Law Content

Title: Act for the Development of Tourism CH
Category: Ministry of Transportation and Communications(交通部)
Chapter III. Operation and Management
Article 21
Those intending to operate the tourist hotel enterprise, before operation, shall complete the application to the central administrative authority for approval, making corporate registration according to law and receiving the license to operate the tourist hotel enterprise.
Article 22
The scope of business for the tourist hotel enterprise is as follows:
1. Accommodation for lease.
2. Operation of restaurants, conference centers, venues for leisure activities and shops.
3. Other business related to tourist hotels approved by the central administrative authority.
The competent authorities, having consulted with the related competent authorities, may promulgate related regulations to maintain the peaceful environment for lodgers in tourist hotels.
Article 23
Tourist hotels are graded according to their buildings, quality of facilities, management, administration and service methods.
The central administrative authority shall collaborate with the Ministry of the Interior to promulgate the regulations concerning standards for the building and facilities of tourist hotels.
Article 24
Those intending to operate the hotel enterprise, before operation, shall complete the corporate or commercial registration according to applicable laws, application to local administrative authority for registration, obtaining registration certificate, and being issued the exclusive trade logo.
The administrative authority, having consulted with the related competent authorities, may promulgate relevant regulations to maintain the peaceful environment for lodgers in hotels.
Article 25
The competent authorities shall provide guidance and supervision for the establishment of home stay facilities based on local culture, history, natural landscape, ecology, environmental resources, and production activities in agriculture, forestry, fishery and farming, as well as crafts manufacturing and art creation, etc.
Those intending to operate the home stay facility, before operation, shall complete the application for registration with local competent authorities, obtaining registration certificate, and being issued the exclusive trade logo.
The central administrative authority, having consulted with the related competent authorities, shall promulgate regulations regarding the following matters: locations for operating host families, scale of operation, construction codes, fire hazard, basic requirement for facilities, basic requirement for registration application, qualification of managers, management and supervision, and other matters requiring regulations.
Article 26
Those intending to operate the travel agency, before operation, shall complete the application to the central administrative authority for approval, obtain the approval, complete the corporate registration, and receive the license of travel agency.
Article 27
The scope of business for the travel agency is as follows:
1. Sales of land, sea or air transportation tickets under commission, or ticket purchase on customer’s behalf.
2. Application of visa for departure and entrance or travel papers under customer’s commission.
3. Reception of tourists and arrangement of their travel itinerary, board and lodging, and transportation.
4. Designing travel packages and arranging tour guides or tour managers.
5. Travel consulting services.
6. Other services related to domestic and international tourists that have been approved by the central administrative authority, having considered the nature of the business scope.
Regarding the aforementioned scope of business, the central administrative authority may identify a travel agency as belonging in the general category, category A, or category B according to the nature of its operations.
Businesses other than travel agencies may not undertake the opertaions of travel agencies. However, for the purposes of daily needs, the resale of domestic tickets involving land, sea, or air transportation is not subject to the restriction.
Article 28
A foreign travel agency intending to establish subsidiaries in the Republic of China, before operation, shall complete the application to the central administrative authority for approval, have obtained recognition and approval in accordance with Company Act, and have received the license for travel agency.
Foreign travel agency intending to dispatch representatives in the Republic of China shall complete the application to the central administrative authority, and notify the Ministry of Economic Affairs in accordance with Company Act. Such representatives may not engage in external business operation.
Article 29
When a travel agency undertakes travel services for tourist groups or individual tourists, the two parties shall set up written contracts and use the electronic documents stipulated by the Electronic Signatures Act.
Article 30
Operators of travel agency shall deposit guaranty money in accordance with applicable regulations; the amount of the guarantee shall be stipulated by the central administrative authority. Any adjustment for the amount of guaranty shall apply to travel agency previously approved to be established.
When the travel agency has owed the client tourist debts originated from disputes in its tourism operations, the client tourist shall have priority claim to the aforementioned guaranty money.
If a travel agency fails to pay the full amount of guaranty as required and refuses to pay after the deadline given by the administrative authority, its travel agency operating license shall be revoked.
Article 31
Operators of any tourist hotel enterprise, hotel enterprise, travel agency, tourist amusement enterprise or home stay facility shall purchase liability insurance before their business operation.
When a travel agency undertakes overseas or domestic travel services for tourists, it shall purchase contract performance insurance in accordance with applicable regulations.
The central administrative authority, having consulted with related competent authorities, shall promulgate regulations to define the coverage and amount of premium of the insurance required of the enterprise stated in the above two paragraphs.
A travel agency, when arranging during the travel itinerary, death or injury to passengers or tour attendants due to accidents, When requested by the following persons, regardless of their fault, the claimant may, within the insurance coverage and amount specified in the preceding paragraph, request insurance benefits from the insurer of the liability insurance in Paragraph 1 in accordance with the provisions of this statute:
1.For accidental injury of a tourist or person accompanying a tour group to provide service, it shall be the injured party.
2.For accidental death of a tourist or person accompanying a tour group to provide service, it shall be the following sequence of requests:
(1)Parents, children and spouse
(2)Grandparents
(3)Grandchild
(4)Siblings
The insurance benefits provided by the liability insurer in the first paragraph in accordance with the provisions of this Act shall be regarded as a part of the insured's damage compensation amount, and may be deducted when the insured receives a claim for compensation.
Article 32
Tour guides and tour managers shall have passed the central administrative authority and completed the training held by the administrative authority or its commissioned organization to obtain a professional license.
After being issued an operation license by the central administrative authority, the persons mentioned in the first paragraph may commence business operation when employed by a travel agency or temporarily employed by government agencies or organizations.
In the event that tour guides or tour managers have not conducted their respective business for three consecutive years after obtaining training certificates or operation licenses, they may only operate their business after completing re-training and having their operation licenses reissued or renewed. In the event of natural disasters, epidemics or other reasons, the central administrative authority may announce an extension of the period as necessary.
Those who have obtained a practicing certificate before the amendments in the first paragraph come into force may not be subject to the requirements of the assessment or training in said paragraph.
The Executive Yuan shall collaborate with the Examination Yuan to jointly promulgate the date for the first paragraph to become effective.
Article 33
In the event that one of the following arises, a person shall cease to be eligible to act as founder, director, supervisor, manager, business executive, or stockholder representing the company for the tourist hotel enterprise, hotel enterprise, travel agency, or tourist amusement enterprise.
1. One of the items listed in Article 30 of the Company Act.
2. The operation license of the person to run tourist hotel enterprise, hotel enterprise, travel agency or tourist amusement enterprise has been withdrawn or revoked for less than five years.
Those already acting as directors, supervisors, managers, business executives or stockholders representing the company shall, when one of the items listed in the sub-paragraphs of the first paragraph arises, be dismissed ipso facto from the service. The central administrative authority shall withdraw or revoke their registration and notify the competent authority with which the company is registered.
Before assuming the manager of a travel agency, one shall have completed successfully the training courses held by the central administrative authority or organizations under its commission and have been issued the certificate of completion of the training. The central administrative authority shall promulgate the conditions for qualifying people for participating in such training.
A certified travel agency manager who has ceased working in any travel agency for three consecutive years shall be re-trained and re-certified before becoming eligible for employment as a manager again.
The manager of a travel agency, during his service period, may not assume the position as manager of another travel agency. Nor may he operate any travel agency on his own or other’s behalf.
Article 34
Competent authorities shall, in collaboration with other related competent authorities, make survey and statistics of special local products or handicraft, and provide counseling on improving the production process and the techniques to enhance product quality. These products shall carry clear price marking. The competent authorities shall assist the producers to sell their goods through souvenir stores in tourism locations.
The souvenir stores in tourism locations shall not act temporarily as the counterfeits while selling the special local products or handicraft; otherwise, the violation case will be handled in accordance with relevant laws and regulations.
Article 35
Those intending to operate tourist amusement enterprise, before operation, shall complete the application to the central administrative authority for approval, have completed the corporate registration in accordance with applicable laws, and have received the license for tourist amusement enterprise.
In order to accelerate the development of tourist amusement enterprise, the central administrative authority shall establish a one-stop service counter for important investment projects, where all related central authorities are represented.
The central administrative authority shall, in consultation with related authorities, promulgate the conditions for defining the important investment project stated in the preceding paragraph.
Article 36
For the safety of tourists, the competent authorities of aquatic leisure activities may impose restrictions on the types, range, time and behaviors in aquatic leisure activities. The competent authorities may also announce the areas in which aquatic leisure activities are forbidden. The competent authorities shall, in consultation with other related authorities, promulgate the related management for regulation.
Anyone who takes customers to engage in water recreation activities if in a profit-seeking manner shall obtain liability insurance and shall obtain personal injury insurance for the tourists. The same applies to anyone who provides sites or equipment for tourists to engage in water recreation activities if in a profit-seeking manner.
The benefits and minimum insured amounts of the liability insurance under the preceding paragraph, shall be determined by the competent authority in the management measures of the first paragraph.
Part of the insurance amount in the preceding paragraph, the insured in the second paragraph of liability insurance causes the death or injury of the tourist due to an accident ,When requested by the following persons, regardless of the fault of the insured, the claimant may request insurance benefits from the liability insurer in accordance with the provisions of this statute:
1.Accidental injury for tourists, it shall be the injured party.
2.Accidental death for tourists, it shall be the following sequence of requests:
(1)Parents, children and spouse
(2)Grandparents
(3)Grandchild
(4)Siblings
The insurance benefits provided by the liability insurer in the second paragraph in accordance with the provisions of this Act shall be regarded as a part of the insured's damage compensation amount, and may be deducted when the insured receives a claim for compensation.
Article 37
The administrative authority may conduct periodical or irregular examination on the operation, management, and facilities of the operators for tourist hotel, hotel, travel and tourist amusement enterprises or home stay facility.
The operators of tourist hotel, hotel, travel and tourist amusement enterprises or host families may not evade, obstruct or refuse the examination mentioned in the preceding paragraph, and shall provide necessary assistance.
Article 37-1
In order to investigate the facts that those who operate the businesses of tourist hotel, travel, tourist amusement enterprises, hotel or the home stay facility without first obtaining operation licenses or registration certificate in accordance with this statute. The competent authority can request related competent authorities, juristic person, groups or individuals for necessary documents, vouchers and other relevant information. If necessary, such inspection may be conducted by the competent authority together with police authorities . The competent authority may announce the results of inspection.
Article 38
For the enhancement of services and facilities at airports and the development of tourism industry, airport service fees may be charged on tourists departing through airports. The central administrative authority shall submit the charging standards Payment method, free of service charges Object and regulations of related operations to the Executive Yuan for approval.
For tourist attraction areas, scenic areas, natural and cultural scenic areas, the administrative authorities may charge a tourism conservation fee. The central administrative authority shall promulgate and determine the forms of payment, announce the fee range, to whom fee exemption applies, fare options and any related operations. The Central Authority of Aboriginal Affairs will submit the charging standards and regulations of related operations of any aboriginal reservation areas to the Executive Yuan for approval.
Article 39
To meet the demands of the tourism industry and enhance the quality of tourism industry workers, the central administrative authority may organize training courses for tourism industry professionals. The training costs may be covered by the trainees’ companies or organizations, or by the trainees themselves.
Article 40
The tourism industry may organize trade unions or establish other juristic person in accordance with applicable laws. The operation of these organizations shall be subject to the supervision of the competent authorities for the related matters.
Article 41
Operators of tourist hotel, hotel and tourist amusement enterprise and home stay facility operators shall display the tourism exclusive trade logos issued by the competent authorities. The central administrative authority shall promulgate the design of the logos and regulations for their use.
The manufacturing and issuance of the trade logos mentioned in the preceding paragraph may be entrusted to respective trade groups under the commission of the administrative authority.
The tourist hotel, hotel, tourist amusement enterprises or host families that are ordered to shut down or have their operation licenses or registration certificates revoked shall return their tourism exclusive trade logos.
Article 42
The corporate tourist hotel enterprise, hotel enterprise, travel agency, tourist amusement enterprise or home stay facility, intending to suspend operations or business for more than one month, shall file the report of the minutes of shareholders’ meeting or shareholders’ approval within fifteen days to the competent authorities. Non-corporate operators shall submit application detailing the reasons to the said authority.
The above application may not be made for the suspension of operation or business exceeding one year. The operators may provide reasonable justifications to apply for extension of suspension for one year at most. The application for extension should be filed within the last fifteen days of the first term.
After the suspension period expires, the operator should file for business resumption with the administrative authority in fifteen days.
In the event that the operator fails to file the report according to the first paragraph or to apply for business resumption according to the third paragraph for more than six months, the authority may revoke the operation license or registration certificate of the business.
Article 43
For the protection of consumer rights for the tourists, the central administrative authority may make public announcement about the travel agency meeting any of the following conditions:
1. The guaranty money being attached or executed by a court.
2. The operation being ordered to be suspended or the travel agency operation license being revoked.
3. The operation being suspended voluntarily.
4. The organization being resolved.
5. Having been announced as rejected accounts by the clearinghouse.
6. Having failed to purchase contract performance insurance and liability insurance in accordance with article 31.
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