On The Travel Agency's Liability For Breaching The Contract Due To The Third Party's Fault

With the rapid development of the social economic and the rise of people's living standard, the tourism has also developed rapidly, at the same time the number of disputes on tourism is increasing. Because our country has no law to regulate the tourism market, leading travel agencies'responsibility in the contract is difficult to define and making disputes of travel contract is difficult to resolve smoothly. Especially in the performance of tourism contract, the travel agency can't possibly complete all the payments, and inevitably make the third party (the travel service provider) to complete the travel payments. When the third party causes defective travel payment, what degree of responsibility does the travel agent should bear? It requires that the relevant legal system to regulate these questions.The main purpose, that all countries'legislation regulates the travel agency'breach of contract which is caused by the third party's fault, as follows:First, to ensure the smooth development of the tourism market; Second, to protect the tourism consumers'legal rights and interests sufficiently; Third, to be beneficial to balance the travel agencies' benefits. Therefore, the study on travel agencies'responsibility for breaching the contract due to the third party'fault reflects a value orientation, that is we must start from the legal regulation. The travel agency's liability for breaching the contract is the legal liability caused by the travel agency in the tourism contract when the travel agency doesn't perform the contractual obligations or doesn't perform the contractual obligations in accordance with the conformity of the contract. The travel agency's liability for breaching the contract here is the legal responsibility for tourists by the breach of contract due to the fault of a third party. This article, defines the connotation of the travel agency's liability for breaching the contract due to the third party's fault as the starting point, and explains the responsibility and exemption of the travel agency's liability for breaching the contract caused by the fault of a third party, and compare and analysis other countries'advanced legislation on the travel agency's liability for breaching the contract due to the third party's fault as well as cases of reference to China, and explore the legislative and the judicial status on the travel agency's liability for breaching the contract due to the third party's fault in our country, and get the bearing responsibility's revelation on the travel agency's liability for breaching the contract due to the third party's fault.The innovations on the travel agency's liability for breaching the contract due to the third party's fault are follows:First, suggesting legislative proposals of improving the travel agency's liability for breaching the contract due to the third party's fault in our country, and advocating the establishment of the travel agencies'responsibility for the third party, and applying the strict liability to regulate the issues on the travel agencies'breach of contract, and inducting the limited liability regime for the travel agencies, in order to protect travel agencies' rational development; Second, expressing that we must use the comparative analysis method, integrated research method and other research methods to research and analysis the travel agency's liability for breaching the contract due to the third party's fault, with a view to further protect the legitimate rights of tourists, and to be helpful to regulate the tourism market, and to promote the China's legislation of the travel contract in the future.