The Travel Agency Arbitrarily Transferred The Research On The Responsibility Allocation Problem

Travel agency unauthorized transfer to the group involved in many of the main,including tourists,tour groups,mission,tourism auxiliary service provider.The definition of "Tourism auxiliary service provider" is more than that of "performing auxiliary person" which can not only broadly include many subjects that assist travel agency in implementing tourism contract,but also conforms to the principle of liability of breach of contract in contract law.However,in the study of tourism assistance service default,infringement of the specific responsibility allocation,for public transport operators monopoly and public welfare considerations,will"travel support service" is divided into general support and special auxiliary.When the general adjudicator defaults,he serves as a supplement to assist the travel agency in fulfilling his obligations,and the result of the act is not directly responsible to the tourist.In the case of a special subject,the travel agency assumes responsibility for the tourists.When the airline reason to cancel the flight or aircraft late,so that traveler delay,the travel agency to their own did not have a reasonable choice of travel time to take responsibility for tourists.However,due to aviation control and some other political factors,resulting in tourist travel time and travel orders are inconsistent,the travel agency does not assume any responsibility.In the case of the infringing service,the allocation of responsibility will be differentiated by the existence of labor relations between the auxiliary and the travel agency.When the general support and travel agency between the existence of labor relations,the travel agency on the general travel support services to the loss caused by tourists to replace the responsibility.But in practice this situation is rare,usually travel agents and travel agents are independent of each other,they caused the loss to the tourists bear the real joint and several liability.However,from the perspective of balancing the development of tourism services and protecting the interests of tourists,the judicial practice should be prudently applied to the distribution of such responsibilities,so as not to pass on the risk of other industries to travel agencies,hinder the healthy development of tourism industry.As for the special auxiliary,it is responsible for the loss caused by the tourists to their own reasons,the travel agency in the process only to help tourists to recover the role.In the case of travel agency unauthorized transfer of tourism business,tour groups and tour operators in accordance with the "Travel Disputes" Article 10 bear joint and several liability,and the joint and several liability includes both breach of contract,including infringement.For the protection of the legitimate rights and interests of tourists from the perspective of tourists choose to infringe more even more favorable.