Procedures of Shanghai Municipality on Hotel Industry Management

· Document Number：Order No. 10 of the Shanghai Municipal People’s Government

· Area of Law： Tourism

· Level of Authority： Local Government Rules

· Date issued：03-20-2009

· Status： Effective

· Issuing Authority： Shanghai Municipality

Procedures of Shanghai Municipality on Hotel Industry Management
(Promulgated by Decree No. 10 of Shanghai Municipal People's Government on March 20, 2009)
Chapter I General Provisions
Article 1 (Purpose and Basis)
With a view to regulating the hotel operating behavior, safeguarding legitimate rights and interests of guests and hotelkeepers, and promoting orderly development of the hotel industry, these Procedures are formulated on the basis of the provisions of the "Regulations of Shanghai Municipality on Tourism" and other relevant laws and regulations, and in the light of the actual circumstances of this Municipality.
Article 2 (Application Scope)
These Procedures apply to hotel operating activities and the industry management.
Article 3 (Definition)
"Hotels" mentioned in these Procedures refer to business places providing accommodation services by using special accommodation facilities mainly with day-rate as charging unit.
Article 4 (Administrative Departments)
The municipal tourism authority is the competent administrative department responsible for the administration of these Procedures.
The district/county tourism authority is responsible for the management of the hotel industry within its administrative area according to the prescribed duties, subject to professional guidance of the municipal tourism authority.
The departments of public security, industry and commerce, development and reform, quality and technical supervision, planning and land resources, commercial affairs, public health, environmental protection, and price control shall, according to their respective functions and duties, assist with the administration of these Procedures.
Chapter II Industry Development
Article 5 (Planning Compilation)
The municipal tourism authority shall, in accordance with this Municipality's national economy and social development planning and overall urban planning, and in combination with the needs of tourist industry development, work out relevant planning of hotel industry development jointly with the municipal development and reform, planning and land resources, and other departments.
The relevant planning of hotel industry development shall, in accordance with the procedures provided by laws and regulations, be brought into the tourism industry development planning and relevant urban planning.
Article 6 (Information System)
The municipal tourism authority shall establish a hotel industry management information system, collecting information on this Municipality's hotel accommodation supply and demand and relevant management.
Every hotel shall submit information on guestroom scale, occupancy rate, accommodation fee, and others to the local district/county tourism authority; the district/county tourism authority shall collect, classify and enter the information in the hotel industry management information system.
Article 7 (Information Service)
The municipal tourism authority shall, through the media of press, broadcast, television and the Internet, publicize in a timely manner information on occupancy rate and average accommodation fee of each type of hotels in each district of this Municipality.
The information on hotel distribution, accommodation consulting and such others shall be furnished on multimedia tourism information services facilities at tourism public places set up by the municipal tourism authority.
Article 8(Development Reports)
The municipal tourism authority shall regularly collect and analyze the development situation and prospective tendency of this Municipality's hotel industry, make reports on hotel industry development and publish them in accordance with relevant provisions on publication of government information.
Article 9 (Assessment of Service Quality)
This Municipality shall practise an assessment system for hotel service quality.
The assessment of hotel service quality includes star-rate appraisal of tourism hotels and hotel standardization assessment.
Any hotel that meets star-rate assessment conditions of a tourism hotel may, in accordance with relevant provisions and standards set by the State, apply for star-rate assessment to the assessing agency with corresponding qualification.
Any hotel other than that provided in the preceding clause may, in accordance with relevant provisions and standards of this Municipality, apply for hotel standardization assessment to relevant industry association.
Article 10 (Trade Association)
The hotel-related trade association shall, in accordance with the provisions of laws, rules and regulations, give full play to the function of trade self-discipline and trade services of the hotel industry in carrying out the following activities:
1. formulating and popularizing the application of corresponding trade service norms in line with different types of hotels; and
2. supervising the member units in operating according to law, and taking corresponding punitive measures under the articles of association against any member that falls short of trade service norms, tampers with legitimate rights and interests of guests, and damages the collective image of the trade.
The municipal tourism authority shall support relevant trade associations in conducting activities set out in the proceeding clause, and give instructions.
Chapter III Operating Norms
Article 11 (Hotel Establishment)
For the establishment of a hotel, relevant permits shall be obtained from the departments of public security, public health, fire prevention, and environmental protection, and a business license handled in accordance with relevant provisions of the State and this Municipality.
Business such as catering and entertainment conducted in a hotel shall be approved according to law by the relevant department.
Article 12 (Chain Operation)
In respect of hotel chain operation in this Municipality, the enterprise that initiates chain operation shall, within 30 days after launching the chain operation, be filed with the municipal tourism authority .
The following materials shall be submitted for the record:
1. copies of the business license and relevant permits of the enterprise that initiates the chain operation;
2. copies of the chain hotel business license and relevant permits;
3. the agreement or constitution of chain operation; and
4. relevant service norms of chain operation.
In case of any alteration to the contents for the record set out in the preceding clause, the alteration shall, within 30 days from the day of alteration, be filed with the municipal tourism authority.
"Hotel chain operation" mentioned in this article means the hotel operating activity conducted by more than two hotels with a uniform logo in the mode of direct operation, franchise, trust management or marketing alliance.
Article 13 (Accommodation Reservation)
A hotel that accepts accommodation reservation shall make reservation records, and inform guests of such items as the room type, accommodation fee and retention time of reservation.
The hotel shall reserve rooms according to the accepted reservation. If a guest is unable to check in due to the liability of the hotel, the hotel shall be liable for a breach of contract according to law; if the guest requires the hotel to carry on the contract, the hotel shall arrange the guest to check in a hotel of equal or higher level of service quality in the proximity and bear extra expenses incurred therefrom.
Article 14 (Reservation Commission)
A hotel that entrusts a travel agency or accommodation service agency with accommodation reservation shall sign a commission contract with the travel agency or accommodation service agency.
A travel agency or accommodation service agency in handling accommodation reservation shall provide guests with real and reliable hotel information.
Article 15 (Accommodation Deposit)
A hotel that collects accommodation deposit shall agree on the deposit amount with guests, and provide a voucher therefor when handling reservation or check-in.
In case the due accommodation fee and other charges are less than the deposit paid by a guest, the hotel shall refund the balance to the guest when settling accounts.
Article 16 (Service Items and Charges Displayed Clearly)
A hotel shall set up a placard at a conspicuous place of the check-in counter, clearly displaying room types and accommodation fee as well as the method of reckoning the length of stay.
A hotel that provides other charged services shall clearly display service items and charges.
Article 17 (Reckoning of Length of Stay)
The length of stay shall be reckoned in the way, if any, as the hotel and a guest agreed on. The hotel shall keep a written record of the settlement method agreed on and obtain confirmation from the guest who is making a reservation or checking in.
If no arrangement is made between the hotel and a guest on the reckoning of the length of stay, the settlement shall be done in accordance with the method clearly displayed at the conspicuous place of the check-in counter. The hotel shall inform the guests making reservations or checking in of the settlement method.
Where a guest needs to stay for a short while after checking out, the hotel shall provide left- luggage service for the guest.
Article 18 (Service Norms)
A hotel shall establish service norms, state clearly items of services being offered, quality requirements and other contents, and report to the local district/county tourism authority for the record.
The hotel shall publish service norms at a conspicuous place of the check-in counter, or set aside copies for guests to consult.
Article 19 (Staff Training)
A hotel shall organize its employees to attend professional training and pre-post training, and do a good job of training record.
For the organizing of training for employees, the hotel may, in accordance with relevant provisions of the State and this Municipality, draw and charge the occupational training outlay to cost expenditure.
Article 20 (Maintenance of Facilities and Articles)
A hotel shall at regular intervals make check-up, maintenance and renewal of facilities and equipment in guest rooms and public spaces, ensuring the rooms are clean and quiet and that articles therein are in good condition and workable at the time guests check in.
If the hotel has any facilities, equipment or room articles damaged, affecting normal accommodation for a guest, prompt repairs or change shall be made; if normal accommodation is still affected after repairs, maintenance or change, the guest shall have the room changed or vacated at his/her discretion.
Article 21 (Security Management System)
A hotel shall establish a security management system to guarantee the passenger accommodation security.
A hotel shall set up relevant placards at the check-in counter and other conspicuous places to inform guests of producing valid certificates on their own initiative to check in.
A hotel shall place related materials of security attention in public spaces and guest rooms, setting up graphic signs for security such as emergency evacuation and fire caution. The facilities, equipment and articles in hotel rooms shall have corresponding instructions for safe use thereof.
Article 22 (Emergency Management)
A hotel shall make an emergency preplan for contingencies and report to the local district/county tourism authority and other departments for the record.
A hotel shall conduct contingencies prevention monitoring, organize exercises in good time, and promptly handle contingencies.
In the case of an emergency that possibly endangers guests' personal safety, the hotel shall forthwith evacuate guests, help the injured guests to seek medical treatment, and report to the department concerned the cause and handling of the accident.
Article 23 (Keeping of Valuables)
A hotel shall establish the valuables keeping system, have relevant maintaining equipment and arrange professional staff to take charge thereof.
When guests are registering, the hotel shall inform them that valuables may be entrusted with the hotel for safekeeping during their stay. When entrusted to preserve a guest's articles, the hotel shall complete the keeping formalities and give a keeping voucher to the guest.
During the valuables maintaining period, the hotel shall not examine, use or allow others to examine or use the articles in keeping, except as otherwise provided for by laws.
Article 24 (Parking of Motor Vehicles)
A hotel that has a parking lot of motor vehicles to offer guests parking service shall establish a corresponding system for security protection and order maintenance.
A hotel that provides commercial parking service shall, in accordance with this Municipality's provisions on management of public parking lots, go through the filing formalities,comply with relevant charging standards and have prices clearly marked.
A hotel that provides motor vehicle keeping service for guests shall establish a corresponding keeping system, handle keeping formalities, provide guests with keeping vouchers, and perform keeping obligations.
Article 25 (Liability Insurance)
This Municipality encourages hotels to take out public liability insurance.
Where a hotel has taken out public liability insurance, the insurance company shall compensate within the range of insurance liability for guests' personal injury or property damage brought about by hotel liability.
Article 26 (Leasing Operation)
A hotel that leases part of its operating site to others undertaking operating activities shall examine the lessee's relevant permits and business license, and sign a contract with the lessee, agreeing on issues such as business lines and operating order maintenance.
The hotel shall supervise and urge the lessee to operate according to law, and upon finding any law-breaking act committed by the lessee, shall give dissuasion and report to the department concerned immediately.
Article 27 (Energy Conservation and Environmental Protection)
Every hotel shall adopt measures to guide guests toward consumption with energy conservation and environmental protection; with the consent of guests, it is allowed to reduce supply of disposable consumables and the cleaning frequency of guest room articles.
The municipal and district/county tourism authorities shall, in a timely manner, collect and popularize working methods and experience of hotels in carrying out energy conservation and environmental protection.
Article 28 (Smoking Restriction)
This Municipality pushes forward the smoking restriction system in hotels.
Hotels with adequate conditions may define no smoking area, or set up special non-smoking accommodation floors.
Article 29 (Obstacle-free Facilities)
Every hotel shall, in accordance with relevant provisions and standards set by the State and this Municipality, install obstacle-free facilities to guarantee safety passage and convenient use by the disabled and the aged.
The hotel shall have regular examination, maintenance and renovation on the obstacle-free facilities installed to ensure the normal use thereof.
Article 30 (Mail Delivery)
A hotel that provides service of receiving and sending mails shall appoint specific personnel responsible for incoming and outgoing mail, set up a register and keep a careful record thereof.
When receiving outgoing mail delivered by guests, the hotel shall give the guests a receiving voucher; and when delivering incoming mail to guests, the hotel shall have the guests sign to acknowledge the receipt.
Article 31 ( Right to Get Accommodation)
Every guest enjoys equal right to get accommodation.
No hotel shall refuse a guest accommodation except for the following circumstances:
1. getting drunken and being likely to endanger other people's safety;
2. having or being suspected of having a mental disease endangering other people's safety;
3. carrying an animal or hazardous substance possibly endangering other people's safety or affecting the hotel's normal operation;
4. undertaking any illicit or criminal activity;
5. the hotel has no vacant guest room; and
6. other circumstances provided by laws, rules and regulations.
Article 32 (Room-Use Right of Guests )
After check-in, a guest shall enjoy the right to independent use of a room.
No one shall enter a guest room without the consent of the guest or affect the guest's stay by other means, except for the following circumstances:
1. in case of an emergency possibly endangering the guest's personal safety;
2. holding the relevant certificate, law enforcement officials of the department concerned perform official duty in line with the procedure as provided by laws and regulation; and
3. employees of the hotel clean up guest rooms on schedule.
Chapter IV Accommodations Guarantee for Major Festival Celebration
Article 33 (Preplan of Accommodations Guarantee for Major Festival Celebration)
The municipal tourism authority shall establish an analysis system of accommodations demand during the period of major festivals and large-scale public activities, and draw up the relevant guarantee preplan.
"Major festivals" mentioned in these Procedures refer to the festivals on which all citizens enjoy holidays as provided by laws and regulations.
"Large-scale public activities" mentioned in these Procedures refer to the activities of large-scale conferences, expositions, celebrations, sports competition events, etc..
Article 34 (Information Guide for Major Festival Activities)
During the period of and one month before major festivals and large-scale public activities, the municipal tourism authority shall release the forecast on the number of visitors to Shanghai for accommodations through the media such as press, broadcast, TV and the Internet, and offer relevant service guidance to hotels.
During the period of and one week before major festivals and large-scale public activities, the municipal tourism authority shall, through the media such as press, broadcast, TV and the Internet, release on a day to day basis accommodation service information such as the occupancy rate and average accommodation fee of each type of hotels in each area of this Municipality.
Article 35 (Temporary Household Accommodation for Large-scale Public Activities)
During the period of large-scale public activities, the municipal and district/county tourism authorities may, jointly with the sub-district offices, township people's governments, and relevant departments, organize eligible families to offer temporary accommodation service.
Household temporary accommodation services shall be on the principle of voluntary application, uniform standard, centralized assessment and safety assurance, and under management in reference to hotels.
The municipal quality and technical supervision department shall, jointly with the departments of municipal tourism and public security, formulate the relevant standards on temporary household accommodation services.
Chapter V Supervision, Inspection and Legal Liability
Article 36 (Supervision and Inspection)
The departments of tourism, public security, industry and commerce, development and reform, quality and technical supervision, planning and land resources, commercial affairs, public health, environmental protection and price control shall, in accordance with their respective functions and duties, make supervision and inspection on hotels.
The municipal and district/county tourism authorities may, jointly with the departments concerned, make united key-point inspections on hotels on the following occasions:
1. major festivals and large-scale public activities occur;
2. special examinations deployed by the State and this Municipality are performed; and
3. any hotel has been punished for many times by the department concerned or tipped off or complained against by guests for many times.
Article 37 (Information Notification)
The departments of tourism, public security, industry and commerce, development and reform, quality and technical supervision, planning and land resources, commercial affairs, public health, environmental protection, and price control shall in a timely manner notify one another of hotel-related administrative permit and supervision and inspection information.
Article 38 (Record and Publication of Law-breaking Acts)
The municipal and district/county tourism authorities shall collect and record matters about any hotel committing law-breaking acts and incurring administrative punishment.
Where the law-breaking act of a hotel involves public interests, the department concerned may publish according to law the relevant law-breaking act and handling thereof to the society.
Article 39 (Handling of Tip-offs and Complaints)
Any guest who finds out a hotel has law-breaking acts or who has disputes with the hotel may tip off or complain to the municipal or district/county tourism authority or other departments concerned.
The municipal or district/county tourism authority shall, upon receiving tip-offs or complaints from guests, forthwith handle according to law what falls under its responsibility area and inform the guests of the handling results; as for that not under its responsibility area, the authority shall refer the tip-offs or complaints, within 5 working days from the day of their receipt, to the department concerned and inform the guests as well.
The municipal tourism authority shall, in a timely manner, collect the handlings of tip-offs and complaints and make them public to the society at regular intervals.
Article 40 (Administrative Punishment)
Any hotel that commits one of the following acts in violation of relevant provisions of these Procedures, shall make a correction within the prescribed time limit by order of the municipal or district/county tourism authority; if no correction is made after the expiration of the prescribed time limit, a fine of between not less than 1,000 yuan but not more than 10,000 yuan shall be imposed:
1. failure to submit to the district/county tourism authority information on guest room scale, occupancy rate and accommodation fee as required;
2. failure to clearly display guest room types, method of reckoning the length of stay, and other service items as required; and
3. failure to draw up or post the hotel service norms, or set aside copies thereof, or report for the record as required.
Other violations of these Procedures shall be punished in accordance with the provisions of relevant laws, rules and regulations.
Article 41 (Legal Liability of Functionary)
Any functionary of the municipal or district/county tourism authority who abuses powers, neglects duties, practices favoritism and irregularities or fails to perform duties under provisions of these Procedures shall be given disciplinary sanctions according to law; if the act constitutes a crime, criminal liability shall be prosecuted according to law.
Chapter VI Supplementary Provisions
Article 42 (Public Security Management)
The public security management of the hotel industry shall follow the provisions of relevant laws, rules and regulations.
Article 43 (Effective Date)
These Procedures shall be effective as of May 1, 2009.