A Study On Tourist Agency’ Security Obligation

In recent years, tourism industry in China has developed rapidly. Tourism has become a usual activity in more and more families. However, with the strong rise of the tourism industry, the travel security problem cannot be ignored. In judicial practice, people often have personal and property damages because of the travel agencies’ no behavior of the security obligation. And they often have difficulty in protecting their rights. Also, the phenomenon of the connection with different sentences is more and more because the provisions of the law for travel security obligation are not clear. Based on the above reasons, this article intends to address the security obligation of travel agencies, and it will focus on the content of travel agencies’ security obligation as well as its liability issues. I hope it can provide a little help on the solutions of disputes in practice.This article is divided into four parts altogether. The first part is "introduction". The introduction part mainly introduces the origin of the selected topic, and puts forward the significance and value of the travel security obligations through the analysis of the existing form. The second part is the problem of the travel agency in violation of the security obligation. The author will lead to this problem mainly through analyzing a generalization of tourism infringement case, and put forward discussing the importance of travel security obligation.The third part will analyze the basic principle of the travel agencies’ security obligation. The article will make a simple definition of the concept first. And then, it 2will make the theoretical analysis of it from four aspects such as the risk control theory, the risk benefit theory, the saving social cost theory and the trust relations theory. Again, the article will focus on the content of the travel security obligation, with the analysis of four parts from the duty of providing the safe tourism environment, the duty of informing security, the risk prevention and the rescue obligations. With this arrangement, the travel agencies will understand more the content of their obligations through the whole process of tourism, and the tourists can protect their rights more easily with this. Also, it will help to judge whether the travel agency perform their security obligation in judicial practice. All of this, it has not only practical significance but also theoretical value.The fourth part is devoted to the liability problems of travel agencies’ violation to the security obligation, which includes four aspects. The first aspect discusses the responsibility types of travel agencies’ violation to the security obligation: the contracting fault liability, liability for breach of contract, tort liability, and deal with the liability concurrence of processing. The second aspect is to analyze the imputation principles of the travel security obligation. The author will discuss the principle of fault liability and the principle of fault presumption, and then will put forward that the principle of fault presumption is more reasonable according to the two principles. The third aspect is the components of the violation of the security obligation of travel agencies combined with the analyzed case mentioned in the above article. The author will agree with “four elements” and think the travel agency will have tort liability if it satisfies the four elements at the same time. The fourth aspect is mainly to the bearing of tort liability forms for the travel agencies and author will divide it into three categories. The first category is direct responsibility, which refers to the travel agencies’ direct infringement responsibility to the tourists. The second category is the vicarious liability, although the tour guide or the leader’s behavior and the tourism auxiliary services’ behavior will be attributed to the direct responsibility for most time, but the author thinks the isolated individual discussion is more advantageous to assume responsibility. The third category is the supplementary liability. In the author’s opinion, the travel agency should bear the all supplementary liability for the tourists in the infringement of a third person’s action. Considering the balance of interests and the compensation of the travel agency, the travel agency should be given a right of recourse against any third party after they bear the all supplementary liability. Finally, the author will summarize the security obligation of the travel agencies and stress the importance of the obligation once again.Due to the limitation of this paper, combined with my week legal theory foundation of basic skills, I can’t reference the foreign rules of travel agencies’ security obligation, which is the deficiency of this article, and is also the direction for the author’s learning in the future. But I still want to make some help to the cognizance of the security obligation in judicial practice, according to the analysis of this article.