The Legal Status And Responsibility Of Package Tour Contract

The performance of the auxiliary person is the important role of the contract of the package tour. The "theassistan" refers to the contractual relationship with the travel agency to assist the travel agency to fulfill the contract obligations of the package price, and to provide the natural or legal persons of the relevant tourism services. The performance of the contract of the package price of the assistant person is the "third person" in contract law and the "debtor" in 64 of the contract law ". At present, the research on the legal status of the assistant person in the package price tourism contract has not been unified and the theoretical basis of the study. Coupled by the traditional civil law in the debtor to fulfill the influence of auxiliary system, caused by the package tour contract to fulfill the assistant of the main division of unreasonable, perform assistant and travel agencies and tourists between the rights and obligations are not clear the dilemma. In practice, due to the package tour contract the aided person perform the obligations resulting tourism disputes occur frequently, so the reasonable definition, clear the legal status, specification its due responsibility is particularly important. Newly published China’s first tourism law:"the people’s Republic of China Tourism Law" based on Tourism practices, the package tour contract executive support to the legal status and liability to do the new adjustment, adjust these Provisions is worthy of recognition, but some provisions remains to be business monopoly. This paper pays attention to the comparison between the new and the old law, the legal relationship and the theoretical basis of the law.. On the basis of the combination of legal practice, the analysis of the contract of the package price of the tourism to fulfill the legal status and responsibility of the assistant.This paper takes the form of the research paper, through the analysis and research of the assistant person in the package price tourism contract, aiming at clarifying its legal status and clarifying its legal responsibility. This paper is divided into three parts:the first part is to package the definition of auxiliary subject status of tourism contract, this new, the old law of travel contract theassistant different definition, study and evaluation in theory and legislation circles on theassistant definition of controversy; the second part is the author of legislation the package legislation on the support to the tourism contract, to package tour contract legal relationship of the assistant as the background, discusses its legal status, and analyzes theassistant tourists and travel agency, three of the rights and obligations; the third part is the research on the assistant responsibility people bear the performance of the package tour contract, respectively, and discusses its commitment to the contract liability, tort liability and shall enjoy the reduction and exemption of liability, points out the deficiency of China’s current legislation on travel contract fulfillment status of auxiliary liability and the existence.