On The Case Of Tourist Prosecuted Infringement Of Travel Agency

With rich tourist life, travel infringement disputes increasing. while in thesetourism infringement disputes, the phenomenons of Tourism assisted human tort causebreach are increasing.How to determine their legal status,How to divide theirresponsibilities in tort disputes, How to identify mental damages standards and otherissues are also very worthy of study.In this case, the travel agency A transfer tourism business that Has not beenagreed to tourists lead to the tourists injured,Tourists sued travel to the grounds ofinfringement lawsuit.resulting in personal injury tourists, then the tourists Requesttravel agencies should undertake joint obligation. travel B to participate as third partylitigation.During the course of the trial, both sides have differences on the subject ofliability for tort and the amount of compensation for mental injury problems. In thetour operator of breach and tort liability concurrence circumstances, how to determinethe tour operators, perform the legal responsibility of the auxiliary, travel disputewhether can apply moral damage compensation, often become the focus of such cases.For solving such problems, interpretation and in-depth study of the relevant legalissues are particularly important. although not a direct tort feasor, as an adjunct toperform auxiliary tour operators who fulfill contractual obligations tourism serviceproviders, all of their actions on behalf of the tour operators, in addition, touroperators as a contract The opposite party, bears the personal safety of tourists andsecurity obligations, without the presence of tourists agreed to transfer the fault of thetravel business, should be held accountable, the tour operator should bearresponsibility and liability for infringement. Mental damages standards should furtherclarify, we recommend that mental damage liability is defined as the personal scope ofapplication specific property infringement and infringement will be more conduciveto safeguarding the legitimate rights and interests of tourists. In this case, based on "anumber of interpretation travel dispute" Article10, the Court is clear: transfer ofpersonal travel time between the consequences of the damage caused by tourists,jointly and severally liable with the transferor to the transferee, and support the spiritof the request for damages for tourists meet the requirements of fairness and justice.