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Regulations Governing Travel Agencies CH

Announced Date: 2018-10-19
Content:
1. Promulgated on October 27, 1953
2. Amended on October 21, 1954
3. Amended on July 19, 1956
4. Amended on June 29, 1960
5. Amended on Novenber 29, 1961
6. Amended on July 12, 1963
7. Amended on July 07, 1969
8. Amended on December 29, 1969
9. Amended on February 02, 1972
10. Amended on Novenber 19, 1975
11. Amended on December 16, 1976
12. Amended on February 20, 1979
13. Amended on September 22, 1979
14. Amended on September 19, 1981
15. Amended on December 14, 1982
16. Amended on December 19, 1984
17. Amended on December 15, 1987
18. Amended on April 15, 1991
19. Amended on April 15, 1992
20. Amended on June 24, 1995
21. Amended on May 29, 1996
22. Amended on January 09, 1997
23. Amended on June 29, 1999
24. Amended on December 30, 1999
25. Amended on February 20, 2001
26. Amended on August 03, 2001
27. Amended on April 25, 2003
28. Re-edited all articles promulgated on May 30, 2003
29. Amendment to Article 10,23,26,28,36,38,41~44,49,53,54,56 and augment to Article 15-1 ~15-9 promulgated on April 19, 2005
30. Amendment to Article 3,37 promulgated on February 27,2007
31. Amendment to Article12,49,53,56 promulgated on June 15, 2007
32. Amendment to Article 53 and augment to Article 53-1 promulgated on January 31, 2008
33. Amendment to Article 3 and 18 promulgated on March 12, 2009
34. Amended and promulgated Article 12 and 53 on September 2, 2010.
35. Amendments to Articles 3,5~8,13,15~15-3,15-5,15-7,15-8,17,19,20,23,36,37,39,43,46,47,49,53,56,60,addition to Article 23-1 and deletion of Article 61 promulgated on March 5, 2012.
36. Amendment to Articles 22 and 54 promulgated on September 5, 2012
37. Amendments to Articles 11,12,30,32,34,37,47,53,56 and deletion of Article 54 promulgated on May 21, 2014.
38. Amendment to Article 2、10、20、23-1、39、40、46、49、50、51、53、56、57 on January 14, 2015.
39. Amendment to Article 23 and 56 promulgated on November 24, 2015.
40. Amendment to Article 23 promulgated on January 03, 2017.
41. Amendment to Article 37 promulgated on March 03, 2017.
42. Amendment to Article 26、30、37 promulgated on August 22, 2017.
43. Amendment to Article 23 promulgated on February 01, 2018.
44. Amendment to Article 30、31、47 promulgated on October 19, 2018.
Article 30  
When posting advertisements in newspapers and magazines, on the Internet and through other media for each tour organized, travel agencies are required to specify the name and itinerary of the tour, the departure location and date, the number of days and expenses of the travel, the amounts covered by the liability insurance and contract fulfillment guarantee insurance taken, the name, type of travel agency, as well as business registration number and telephone number of the company. However, consolidated travel agencies may use their registered trademarks to replace company names.
The contents of the aforesaid advertisements shall be consistent with the information indicated in the travel document and may not include any exaggerated, false or misleading representation or symbol.
Where the items of information to be indicated in advertisements as described in Paragraph 1 cannot be completely presented, travel agencies shall provide such information on their websites and service web pages or through other appropriate channels for consumers to access.
 
Article 31  
Travel agencies intending to use their trademarks to attract customers shall apply for trademark registration according to law and present the approved trademark to the Tourism Bureau for reference. Nonetheless, such companies shall still sign tour contracts using their company names.
Only one trademark may be presented for reference by each travel agency as specified in the preceding paragraph

Article 47  
Once a travel agency has its license revoked or repealed, or is dissolved or declared bankrupt, application for approval to use its company name shall be subject to the restrictions set forth in Article 26-2 of the Company Act.
The name of a new travel agency in the application filed for approval of establishment may not be the same as the name or trademark of any other travel agency in pronunciation. The name or trademark of such a new travel agency also may not be the same as or similar to any name recognized by the general public in order to prevent confusion with the name or trademark of another travel agency. The applicant shall acquire the permission of the Tourism Bureau before applying to the Ministry of Economic Affairs for a preliminary name search. Travel agencies intending to change their company names shall take the same procedure. However, use of a name similar to the name or trademark of another travel agency for the purpose of providing brand services may be approved provided that the other travel agency has given its consent in writing and none of the following situations has occurred to the other travel agency:
1.)The company has been sanctioned to suspend operation within the past two years.
2.)The company’s travel agency guarantee deposit has been placed under compulsory enforcement within the past two years.
3.) The company check rejection period has not yet expired.
4.) The Tourism Bureau has concluded the practice is likely to jeopardize the rights and interests of consumers.
Mainland Chinese travel agencies using names that are the same or similar to the names and trademarks of other travel agencies in mainland China before they apply for approval for use of such names in Taiwan as described in the preceding paragraph shall be rejected.