Preliminary Study On Civil Liability For Package Tour Travel Agencies In China

The tourism of China develops very quickly, since the Reform and Opening Policy began. While China grew into a great tourism country from a weak one, some problems had been accumulated. One of the most distinct problems is that the laws and regulations which regulate the industry of tourism are deficient or too old, specially the definite legal liabilities of the travel agency in the package-tour aren't clearly prescribed. Thus , the behaviors of the travel agency in tourism management often violate the travelers' rights; on the other hand, the society is inclined to infinitely protect the travelers who are relatively weak. Nowadays, when tour is increasingly becoming a common life style, how to define the civil liabilities of the travel agency in the package-tour is especially impending. In this thesis, the writer primarily discuss the obligations and liabilities of the travel agency in the package-tour combined with the relevant tourism laws at home and abroad as well as the judicial practice of our country, and hope to offer reference for perfecting tourism laws in China .The thesis falls into five chapters to analyze and narrate the relevant problems, which are as follows:Chapter One briefly defines the concept of the package-tour,the concept of the persons involved in the package-tour, the characteristics and significance of the package-tour, in order to form a rough understanding to the readers. The writer studies the civil liabilities of the travel agency on the scope of the package-tour.Chapter Two analyzes the civil legal relations between the travel agency and the travelers. The writer thinks that besides the most fundamental contract relation between the two parties, the safeguard relation is also existing. The writer emphasizes on the concrete obligations born by the travel agency in the above both relations, and suggest the organized travel contract should be famous.Chapter Three concerns the civil liabilities of the travel agency when it breaches the organized travel contract. The writer especially makes research on the travel agency's breach liabilities caused by itself and its performance aids , whereby the writer put forward some views as to the liabilities of the travel agency in various situations with two cases.Chapter Four refers to the civil liabilities of the travel agency when it breaches the safeguard obligations. The writer analyses the different responsibilities of the travel agency in three parts, because the performance aids and any other may also lead the travel agency to assume responsibilities except itself.In Chapter Five, combined with the relevant laws about the travel businessman's liabilities and obligations of other countries and areas, the writer advances some suggest to perfect the liabilities of the travel agency, including establishing the mental compensation liabilities, warranty of defect duty, etc.. However, the civil liabilities of the travel agency for the travelers should be properly released or restricted to realize the target of fairness and justice of laws.