Research On The Travel Agency's Responsibility In Package Tour Contract

Travel service contract is generally divided into package tour contract and travel agent contract. In fact, package tour contract are abound, but because of their multiple subjects and complex legal relationship, they cause disputes more. As a party of package tour contract, travel agency plays a vital role in the tourism activities, For one thing, tourists package tour service contracts offer a package tour service for tourists;For another, the performance of the auxiliary people set up various types of contractual relationship, in order to achieve specific tourism to pay. travel agency is in the core position of tourism disputes, so clearly travel agency civil liability is the key to solve disputes. In this paper, we discuss it from three parts, firstly legal status of travel agency package in the contract. In the organized travel contract, travel agency services should be a comprehensive service. Package tour contract is essentially different from travel agents and travel agencies take different responsibilities in different types of tourism relationship. If the tourists request tour operator liable for breach of contract or tort liability for the same personal injury, property damage caused by the tour operators, the people's court shall proceed according to the choice of the parties. In the judicial practice, the main problem of tort liability of travel agency is how to recognize travel agency security obligation, not the specific content of this paper define the travel agency security obligation, fault recognition. We discuss travel agency liability for breach of contract. Package of liability for breach of contract adopt strict responsibility imputation principle. assistant performer or a third person who have nothing to do with the contract causes a breach of contract or his performance does not meet the requirements, travel agency be liable for breach of contract. The paper recognize transport operators perform the assistants, the travel agency should responsibility for transport operators. As for the way of bear the liability for breach of contract, damage to the spirit of contract lawsuit in the judicial practice differ widely in their attitude, This paper, based on the particularity of package tour contracts, suggest that compensation for mental damage mechanism should be brought in package tour contract.