On The Civil Responsibility Of The Tourism Undertakings In The Contract Law

China’s tourism industry presents the trend of rapid development, but thedisputes between tourists and tourism operators also increasingly grow in quantity,and the correlate legislations is not perfect. The author make the research focus on thecivil liability of the tourism operators. The author thinks that the travel contract refersto tourism operators to provide tourists travel service, the two sides so clear mutualrights and obligations of the agreement, is a kind of new independent contract types.The tourism operators civil liability including contracting negligence andliability for breach of contract, etc. Among them, the tourism operators contractingfault liability can be based on tour operator does not have legal qualifications andtourism operators produce fraud.In terms of the responsibility of breach of contract,it can divide for tourism operators itself as a result of breach of contract and fortourism auxiliary server in breach of contract. At the same time, the author alsodiscusses the tourism operators transfer tourism business without authorization thedamages suffered by the tourists in breach of contract and tourism operators inviolation of the security obligations.Of course, this paper mainly focus on the spirit damages responsibility of thebreach of contract, waste time damage compensation liability and fraud punitiveliability of the tourism operators.In terms of the spirit damages responsibility of the breach of contract of tourismoperators, the legislation denied that tourists can be based on breach of contract claimtourism operators’s spiritual damage compensation liability,but it is not reasonable.First of all, take liability concurrence way is not full and effective way to safeguardthe interests of the tourists.Secondly, there has the situation that the tourism operatorshas no infringement behavior, but only default behavior lead to tourists producesserious mental damage. Finally, establish the spirit damages responsibility of thebreach of contract of tourism operators does not exist unfair to them. Because tourist’stravel purpose is for entertainment, in tourism process produces the spiritual benefit of tourists, tourism operators for its breach of contract possible cause the touristsinterests of the spirit damage is predictable and should foreseen, So it does not violatethe predictability rules of compensation for damages of breach of contract. Theauthor thinks that this liability has the following constitutive requirement: Tourismoperators must have breach behavior, tourists suffered serious mental damage, therehas the causal relation between default behavior and mental damage, and the tourismoperators has fault.As to the waste time damage compensation liability of the tourism operators, ourcountry’s legislation also did not make the regulation. This liability has the followingconstitutive requirement:Tourism operators must have breach behavior,there has timewaste for tourist, and the tourism operator has fault. At the same time, the authorthinks that we can consult the practice of Taiwan regulations that the visitors dailywaste time in the limit of no more than tour operator collected travel expensesaverage daily total amount.,and this will not lead to tourism operators assumesoverweight responsibility. Of course, the waste time damage compensation liabilityand the spirit damages responsibility of the breach of contract of tourism operators isa link.In terms of the fraud punitive liability of the tourism operators, The supremecourt has the provision that once there has fraud in the services,then the tourists canrequest tourism operators double compensation for the losses, and the people’s courtshall support. The author thinks that this liability has the following constitutiverequirement: Tourism operators must have fraud behavior, the tourism operator hasdeliberately subjective need,and tourists make the wrong meaning because of thefraud behavior of the tourism operator.Finally, the author analyzes the exemption reasons of civil liability of thetourism operators, including legal and agreed. Legal disclaimer reason include forcemajeure, accident, tourists own fault and the third person’s behavior.