Tour Operator Safety Obligation

November1,2010the enforcement of the foreign tourism disputes on the trial of some issues of applicable law provisions of the tourism operators to clear participation in tourism activities of tourists have security obligations. The first part of this paper on the security obligations is the tort liability law provisions of article37of the general security obligations is the specialty and the content analysis, its particularity mainly displayed in the tour operator safety obligations with the responsibility of breach of tort liability capacity; Subject of the main body of rights and obligations, qualitative; Obligations and the variability of space range uncertainty; Obligations and the variability of space range uncertainty; Obligation of finite time range.In the special on the basis of analysis, the article the second part of further clear tour operator safety obligation from law laws and regulations to make clear a regulation, the agreement of the contract, and in accordance with the principle of good faith based on the produce collateral obligation; And clearly define evaluation standard of the tour operator safety obligation.This paper the third part is the key and innovations. Through to the tour operator safety obligations the typification of investigation, define the tour operator in different fields and the tour safety obligation different and emphasis or special problem, etc. In the area of transportation, tourism operators has the reasonable design of the itinerary obligation; Remind drivers avoid fatigue driving, speeding and indicated one overloading the obligation; Alarm relief and obligations. In the tour, tour operator safety obligation include time problem; Reasonable organization content such as tourists amusement. In the adventure, the tourism project has the characteristics such as grotesque, the tour operator to ensure the safety of the duty of care is relatively improve, such as with professional adventure tourism facilities for the obligation; Equipped with professional quality with the team leader of the obligation; Buy the obligation of professional insurance, etc. In the foreign visits, the tour operator safety obligation and general content is quite different, such as the careful choice of qualified grounding club, a journey of information disclosure obligations, customs, religious belief and other information inform obligation and so on, is more general security obligations content more harsh. In self-help, tour operator safety obligations level of responsibility, is more general tourism activities decreased.The fourth part is about tourism business operators violate safety obligations the civil liability of the discussion, the imputation principle and responsibility from the two aspects of form the analysis, and the academic circles has been controversial tourist contract breach spiritual damage compensation system to be discussed. In the responsibility on the form, tour operator safety obligation liability form including direct responsibility, alternative liability and additional liability three species, including alternative responsibility and including travel operator, the tour guide and the staff of the fault responsibility and tourism operator auxiliary services to the fault of the tourism people assume responsibility two respects content.