| The security obligations of the travel agency is the travel operator in the special sale of travel service products, they should provide the needs for tourists of their personal and property security legal obligations. Sun’s accusation on security obligation of Xinhua International Travel Agency is a typical infringement dispute in tourism. The focus on the controversy in this case are how to identify the security resbonsibility of the travel agency, how to recognize thebehavior and resbonsibility of the leader and how to identify the nature of the liability of Xinhua International Travel Agency. The "Tort Liability Law" had provided that if the public administrator or the mass activity organizers fail to fulfill their security obligations, causing damage to others, they have to bear tort liability. However, there is no specific provisions in this law for this kind of travel security obligation disputes. The case is a typical infringement dispute in tourism, it is special because the tort occurred after the ending of the schedule rather than during the arranged schedule. In this case, regarding the liability affirmation of Xinhua International Travel Agency, the’Tort Liability Law" has no specific obligation on the period of security obligation, whereas the juridical interpretation made by Supreme People’s Court on tourism disputes explicitly stipulates that the time range is not limited to the schedule arranged by travel agency, but also covers the duration that the tourist does not join the schedule and the duration of personal activities upon approval of touring guide or leader, therefore, Xinhua International Travel Agency is responsible for the death of Yang. In the case, Ren has no appropriate qualification of a leader, and fails to bear the responsibility of informing and taking care, so Ren is blamed for subjective fault and the behavior of Ren is illegal which indirectly caused the damage. There is a direct causal relationship between behavior and damage. In terms of the constitutive requirement of a general tort, Ren has caused a tort and shall bear the related responsibility. According to the recognized standard of duty behavior, Ren’s behavior belongs to the duty behavior. As the travel operator, Xinhua International Travel Agency fails to fulfill reasonable security obligation and causes the damage to a third party. Xinhua International Travel Agency shall bear complementary liability of infringement. In addition, in the process of performing duty behavior, Ren indirectly causes the death of Yang through negligence and forms liability for tort. As the employer of Ren, Xinhua International Travel Agency shall bear the employer vicarious liability for its employees’duty behavior infringement. With the increasing number of the infringement dispute in tourism, and the lack of relevant legislation in our country, therefore, the regulation of the travel agency in the responsibility of the safety can be determined from ensuring the reasonable range of the security obligation of the travel agency, realizing the tourism contract and improving the tourism insurance system. |
