Research On The Safety Guarantee Obligation Of Travel Agency

In recent years, with the development of economy and society, and theimprovement of people’s living standard and transportation, tourism has become animportant option for people to relax, thus, tourism industry has become an importantpillar of the third industry. However, the high incidence of accidents of situation oftourism industry especially travel security on tourism consumer legitimate securityinterests is not complete, putting forward a austere challenge to the sustained andhealthy development of tourism. The author tries to start from a real case aboutdispute between travel agency and tourist consumer, and put forward the focus of thedispute,namely, whether there exists nonperformance, then by analyzing the meaningand boundary of obligation and responsibility of safety guarantee, to determine theobligation boundary and content between travel agency and tourism consumers, andthen discusses the fulfilling path of safety guarantee obligation, in order to make thetourism consumer security rights protection in place.Besides the preface and tag, the text is divided into five parts.Part one: Problem Presentation. This part of begins with a case on disputes aboutthe travel agency’s obligation of safety warning and rescue. This paper introduces thebasic situation of the case, and analyses the focus of case in dispute, then clarify therelated factors of travel safety guarantee obligations: the core of the theory, thejudgment standard and the imputation.Part two: The basic meaning and legal basis of security obligations. In this part,the author dates back to the origin in practice&theory of this concept, defines thebasic meaning and legal basis of security obligations from four dimensions: the riskcontrol theory, compensation liability theory, the principle of good faith and socialbenefit saving. Thus, providing a strong support.Part three: The content and standard of travel agency’s obligations of safetysecurity. In this part, the author outlines the three basic contents of the obligation andexplains the obligation from statutory standard, innocent management party standard,special standard and other factors. Part four:The legal responsibility on safety security.In this part,firstly,the authoranalyses the responsibility principle,discuss the possible forms of responsibility,thendiscuss the situation of liability reduction&exemption.Part five: Legal advices to strengthen the obligation of travel agency.In thispart,the author comes up with several legal advices to strengthen the obligation oftravel agency.