Agency Liability Issues In The Travel Contract Research

Tourism industry develops rapidly in China today, which was accompanied by considerable travel contract disputes. However, due to the stagnation of special legislation and theory study, it has always been a fairly difficult problem to decide the range of responsibility for travel agency. It becomes even more difficult when the travel agency breaches the travel contract because of a third party, who was in fact the travel agency's assistant in the performing of contract. Should the travel agency bear the responsibility for the third party? If it should, to what degree ?This paper was right on this problem.On the basis of theory analysis and precedent of foreign legislation research, this paper put forward this idea: The travel agency should be held responsible to the traveler for the acts and omissions of the third party which was involved in the performance of the travel contract, and Strict Liability Principle should be used , in case the travel agency breaches the contract; while at the same time, an appropriate limitation to this responsibility should be adopted.This paper was developed in following parts:The prologue was about the backgrounds, purpose, range and methods used in the research.The main-body of this paper included four parts.The first one was about the general construction of the travel contract.The second one was about the legal relationship of the travel contract.The third part was about the study of precedents of foreign legislation.And the fourth was about the present situation of the responsibility of the travel agency in our country and its consummation.Then, in the last part of this paper, was the summary, in which the main points of the paper were strengthened especially again.