Analysis On Security Obligation Of Travel Agency

The property and personal safety has become a popular topic along with the speedydevelopment of our country’s tourism，which is closely related with security obligation oftravel agency. Nowadays the legislation of tourism is still not perfect and no basic law in thearea is enacted. So there are two extreme opinions. One opinion emphasizes on the protectionof the travelers excessively and asks travel agencies to respond in any case. The other arguesthat travel agencies need to respond only in the range of their profit because of their equalstandings with travelers. The former can lead to a higher business risk of travel agencies andthe latter is bad for the injured travelers. In this thesis, some problems of legal theory such asthe concept，the character and the responsibility of the security obligation will be analyzed.Then more attention will be paid on some common and complex situations in practice.The thesis falls into three sections which are as follows:Chapter one is about the summary of the security obligation of travel agency. Sometheoretical issues about the security obligation of travel agency are studied in order to clarifyits intension and extension. Section one is about the concept and character of the securityobligation of travel agency and it is thought to be a type of coincidence of contract obligationsand legal obligations. Section two is about its theoretical basis. Section three and section fouris about its subject and object. In section five the security obligation of travel agency in thewhole tour is analyzed according to the time sequence.Chapter two is about the civil liabilities when the travel agency violates its securityobligation. This type of responsibility is considered to be coincidence of default liability andtortuous liability. The two types of liabilities are compared to provide some references for theinjured travelers.Chapter three is about the security obligation of travel agency in some common andcomplex situations in practice. For example, the liabilities are caused by the performance aids,a travel agency entrust their business with other travel operator, or the travelers are not in thetour group. The complex legal relationship in these situations are hoped to be clear in order tofigure out the range of the security obligation and responsibility of travel agency.